Bill Text: NJ A713 | 2010-2011 | Regular Session | Introduced
Bill Title: Dedicates $20 million annually in realty transfer fee revenues to pay for development, improvement, and repair of State parks, forests, recreation areas, historic sites, natural areas and fish and wildlife areas.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A713 Detail]
Download: New_Jersey-2010-A713-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman SAMUEL D. THOMPSON
District 13 (Middlesex and Monmouth)
Assemblywoman AMY H. HANDLIN
District 13 (Middlesex and Monmouth)
SYNOPSIS
Dedicates $20 million annually in realty transfer fee revenues to pay for development, improvement, and repair of State parks, forests, recreation areas, historic sites, natural areas and fish and wildlife areas.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the realty transfer fee and the dedication and appropriation of certain revenues therefrom, establishing the "State Lands Stewardship Investment Fund," supplementing Title 13 of the Revised Statutes, and amending P.L.1968, c.49 and P.L.1992, c.148.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that it is important for the citizens of, and visitors to, New Jersey to have access to high quality facilities and services at its many State parks, forests, recreation areas, historic sites, natural areas and fish and wildlife areas; that the people expect and deserve such facilities and services; that this need and these expectations have become increasingly evident as the Garden State makes progress toward its established goals of preserving additional acres of public open space, saving more farmland, and better protecting and promoting its history and heritage; and that, as the amount of land in public ownership grows, so does the need for additional financial resources to ensure that these lands are properly maintained and to enhance and optimize the numerous and varied benefits they provide.
The Legislature further finds and declares that a stable source of funding is critical to accomplishing those objectives and that it would eliminate funding uncertainties and allow the State to plan and administer its capital improvements in a strategic manner rather than depending upon temporary or emergency repairs, delaying improvements, and deferring maintenance; and that sustained expenditures of public funds on New Jersey's parks, forests, recreation areas, historic sites, natural areas and fish and wildlife areas will increase tourism and thereby greatly benefit the economy of the State.
The Legislature therefore determines that it is in the public interest to establish a dedicated source of funding for the responsible stewardship of the natural and historic resources in the State, as recommended by the Garden State Preservation Trust and in accordance with the recommendations of the Governor's Council on New Jersey Outdoors.
2. (New section) a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "State Lands Stewardship Investment Fund." The monies in the fund are dedicated and shall only be used to carry out the purposes enumerated in subsection b. of this section. The fund shall be credited with all revenues collected and deposited in the fund pursuant to section 4 of P.L.1968, c.49 (C.46:15-8), all interest and other income received from the investment of monies in the fund, and any monies which, from time to time, may otherwise become available for the purposes of the fund. Pending the use thereof pursuant to the provisions of subsection b. of this section, the monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the fund shall be credited to the fund for use as set forth in subsection b. of this section for other monies in the fund.
b. (1) Monies deposited in the "State Lands Stewardship Investment Fund" shall be used only for:
(a) the development, improvement, preservation, protection, rehabilitation, renovation, or restoration of lands or interests therein, including all improvements thereto and all appurtenances, facilities, and equipment associated therewith, held or administered by, or under the control of, the Department of Environmental Protection for recreation and conservation purposes, historic preservation or interpretation purposes, or cultural activities and similar purposes; and, in addition, shall include but need not be limited to such projects and activities on those lands, or interests therein, as road and bridge repairs, improvements, and construction, dam repairs and improvements, enhancement of access and use of natural resources, dredging, stream corridor improvements, demolition and removal of derelict or unused structures, and landscaping and site work; and
(b) the acquisition of heavy construction or maintenance equipment for the purposes set forth in subparagraph (a) of this paragraph.
(2) No monies in the fund may be used to pay for the salaries or fringe and other benefits of State employees.
c. For the purposes of this section:
"Fund" means the "State Lands Stewardship Investment Fund" created pursuant to subsection a. of this section; and
"Recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.
3. Section 4 of P.L.1968, c.49 (C.46:15-8) is amended to read as follows:
4. The proceeds of the fees collected by the county recording officer, as authorized by this act, shall be accounted for and remitted to the county treasurer. An amount equal to 28.6% of the proceeds from the first $1.75 for each $500.00 of consideration or fractional part thereof recited in the deed so collected shall be retained by the county treasurer for the use of the county and the balance shall be paid to the State Treasurer for the use of the State; provided however, that on and after the tenth day following a certification by the Director of the Division of Budget and Accounting in the Department of the Treasury pursuant to subsection b. of section 2 of P.L.1992, c.148 (C.46:15-10.2), 100.0% of the proceeds from the first $0.50 for each $500.00 of consideration or fractional part thereof recited in the deed so collected shall be retained by the county treasurer for the use of the county and no amount shall be paid to the State Treasurer for the use of the State. Payments shall be made to the State Treasurer on the tenth day of each month following the month of collection.
a. (1) Amounts, not in excess of $25,000,000, paid during the State fiscal year to the State Treasurer from the payment of fees collected by the county recording officer other than the additional fee of $0.75 for each $500.00 of consideration or fractional part thereof recited in the deed in excess of $150,000.00 shall be credited to the "Shore Protection Fund" created pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1), in the manner established under that section.
(2) In addition to the amounts credited to the "Shore Protection Fund" pursuant to paragraph (1) of this subsection, amounts, not in excess of $20,000,000, paid during the State fiscal year to the State Treasurer from the payment of fees collected by the county recording officer other than the additional fee of $0.75 for each $500.00 of consideration or fractional part thereof recited in the deed in excess of $150,000.00 shall be credited to the "State Lands Stewardship Investment Fund" created pursuant to section 2 of P.L. , c. (C. ) (now before the Legislature as this bill), in the manner established under that section. No monies shall be credited to the "State Lands Stewardship Investment Fund" pursuant to this paragraph until and unless the full amount of $25,000,000 has first been credited to the "Shore Protection Fund" pursuant to paragraph (1) of this subsection.
b. All amounts paid to the State Treasurer in payment of the additional fee of $0.75 for each $500.00 of consideration or fractional part thereof recited in the deed in excess of $150,000.00 shall be credited to the Neighborhood Preservation Nonlapsing Revolving Fund established pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), in the manner established under section 20 thereof (C.52:27D-320).
(cf: P.L.1999, c.71, s.1)
4. Section 2 of P.L.1992, c.148 (C.46:15-10.2) is amended to read as follows:
2. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following:
(1) credit amounts paid to the State Treasurer, if any, in payment of fees collected pursuant to section 3 of P.L.1968, c.49 (C.46:15-7), to the "Shore Protection Fund" created pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1), [and] the Neighborhood Preservation Nonlapsing Revolving Fund established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320), and the "State Lands Stewardship Investment Fund" created pursuant to section 2 of P.L. , c. (C. ) (now before the Legislature as this bill), pursuant to the requirements of section 4 of P.L.1968, c.49 (C.46:15-8);
(2) appropriate the balance of the "Shore Protection Fund" created pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1), for the purposes of that fund; [and]
(3) appropriate the balance of the Neighborhood Preservation Nonlapsing Revolving Fund established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320), for the purposes of that fund; and
(4) appropriate the balance of the "State Lands Stewardship Investment Fund" created pursuant to section 2 of P.L. , c. (C. ) (now before the Legislature as this bill), for the purposes of that fund.
b. If the requirements of subsection a. of this section are not met on the effective date of an annual appropriations act for the State fiscal year, or if an amendment or supplement to an annual appropriations act for the State fiscal year should violate any of the requirements of subsection a. of this section, the Director of the Division of Budget and Accounting in the Department of the Treasury shall, not later than five days after the enactment of the annual appropriations act, or an amendment or supplement thereto, that violates any of the requirements of subsection a. of this section, certify to the Director of the Division of Taxation that the requirements of subsection a. of this section have not been met.
(cf: P.L.1992, c.148, s.2)
5. This act shall take effect immediately, section 4 shall apply to annual appropriations acts for State fiscal years beginning after the date of enactment of this act, and sections 1 through 3 shall remain inoperative until July 1 next following the date of enactment of this act.
STATEMENT
This bill would dedicate $20 million annually in realty transfer fee revenues to pay for the development, improvement, and repair of State parks, forests, recreation areas, historic sites, and fish and wildlife areas. This dedication would provide a stable source of funding for those "capital construction" purposes and for certain other capital-like projects.
