Bill Text: NJ ACR127 | 2016-2017 | Regular Session | Introduced

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Bill Title: Amends Constitution to dedicate all State moneys received from settlements and awards in cases of environmental contamination relating to natural resource damages for certain environmental purposes.*

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2016-12-19 - Substituted by SCR39 (2R) [ACR127 Detail]

Download: New_Jersey-2016-ACR127-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 127

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED FEBRUARY 4, 2016

 

 

Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Amends Constitution to dedicate all State moneys received from settlements and awards in cases of environmental contamination for certain environmental purposes.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VIII, Section II of the Constitution of the State of New Jersey by adding a new paragraph thereto.

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article VIII, Section II by adding a new paragraph 9 to read as follows:

     9.    There shall be credited annually to a special account in the General Fund an amount equivalent to the revenue annually derived from all settlements and judicial and administrative awards collected by the State in connection with claims based on environmental contamination.

     The amount annually credited pursuant to this paragraph shall be dedicated, and shall be appropriated from time to time by the Legislature, only for paying for costs incurred by the State to repair damage to, restore, or permanently protect the State's natural resources, or for any of the purposes enumerated in Article VIII, Section II, paragraph 6 of the State Constitution, except that no more than five percent of the moneys appropriated pursuant to this paragraph may be expended for administrative costs of the State or its departments, agencies, or authorities for the purposes authorized in this paragraph.

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT DEDICATING MONEYS FROM STATE ENVIRONMENTAL CONTAMINATION CASES
	YES	Do you approve amending the Constitution to dedicate all moneys collected by the State in cases of contamination of the environment?  The moneys would have to be used only for environmental purposes.
		INTERPRETIVE STATEMENT
	NO	This amendment would dedicate all moneys collected by the State through settlements or awards for legal claims based on environmental contamination.  These moneys would be dedicated solely for environmental purposes.  These purposes could include preserving, repairing, or restoring natural resources.  They may also include cleaning contaminated sites and underground storage tank sites, funding water quality programs , or preserving open space, farmland, or historic buildings or sites.  Currently, these moneys may be used for any State purpose.

 

 

STATEMENT

 

     This constitutional amendment would dedicate all moneys from settlements and awards collected by the State in connection with legal claims based on environmental contamination.  The amount dedicated may be used only to repair damage to, restore, or permanently protect the State's natural resources, and for any of the purposes enumerated in Article VIII, Section II, paragraph 6 of the State Constitution.  Those constitutionally enumerated purposes include providing funding for cleaning contaminated sites and underground storage tank sites, water quality programs, and preserving open space, farmland, and historic buildings or sites.  In addition, no more than five percent of the moneys dedicated and appropriated annually pursuant to this constitutional amendment may be expended for administrative costs of the State or its departments, agencies, or authorities for the authorized purposes.