Against advice of counsel, Mercer County freeholders vote to put bag-fee referendum on ballot

The Trenton Times published the following article on August 14, 2014. To read the full article, click here.

Against advice of counsel, Mercer County freeholders vote to put bag-fee referendum on ballot

By James McEvoy | Times of Trenton 
on August 14, 2014 at 10:26 PM, updated August 14, 2014 at 10:36 PM

TRENTON — Against the advice of their attorney, Mercer County freeholders will give taxpayers the chance to give their 2 cents on whether they should pay 5 cents for the plastic bags they use at the grocery store.

Tonight the freeholders approved making the question a nonbinding referendum on November’s ballot even though their attorney, Mike Herbert, warned that a bag tax was not in their power to establish. He said the state Supreme Court had shot down a previous county attempt at a referendum not in its jurisdiction.

“If it goes to court we could lose,” Herbert said.

Any actual fee would have to come in the form of state legislation. But the freeholders said the goal would be to start a grassroots effort to have bag taxes allowed in New Jersey. Officials have said public support could be leveraged to encourage legislative action.

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