Bill Text: NJ ACR201 | 2016-2017 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 201 (Prior Session Legislation)

Introduced

Bill Title: Proposes constitutional amendment to dedicate revenue collected from sales tax on paint for lead hazard mitigation purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-09-15 - Introduced, Referred to Assembly Environment and Solid Waste Committee [ACR201 Detail]

Download: New_Jersey-2016-ACR201-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 201

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED SEPTEMBER 15, 2016

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

Proposes constitutional amendment to dedicate revenue collected from sales tax on paint for lead hazard mitigation purposes.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution proposing to amend Article VIII, section I of the New Jersey Constitution.

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

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

PROPOSED AMENDMENT

Amend Article VIII, Section I to include the following new paragraph:

8. a. There shall be set aside from the State revenue collected from the State tax imposed under the "Sales and Use Tax Act," pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.), as amended and supplemented, or any other subsequent law of similar effect, an amount equal to the lesser of $0.50 or the tax imposed on every retail sale of a container of paint, or other surface coating material, which shall include any pigmented, liquid substance to be applied to surfaces by brush, roller, spray or other means, including but not limited to, white base paint and colorants; provided, however, that the total amount set aside pursuant to this section shall not be less than $7,000,000 and shall not exceed $14,000,000 annually. The amount annually derived from the collection of taxes pursuant to this paragraph shall be credited annually to a special account in the general fund.

b. The amount annually credited to the special account in the general fund pursuant to this paragraph shall be dedicated, and shall be appropriated from time to time by the Legislature, only for the purposes of lead hazard remediation and mitigation projects, and related efforts, in this State, as provided by law.

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 PORTION OF EXISTING SALES TAX REVENUE FROM PAINT FOR LEAD HAZARD REMEDIATION PURPOSES
	YES	Do you approve amending the Constitution to dedicate a portion of the sales tax revenue from paint sales to cleanup lead hazards? Current law provides that a portion of the sales tax revenue collected from the sale of paint to be set aside for lead hazard cleanup. In the past, this money has been used for other purposes. This amendment would guarantee that the money may only be used for lead hazard cleanup.
		INTERPRETIVE STATEMENT
	NO	Current statutory law provides that a portion of the sales tax collected from the sale of paint be set aside to pay for lead hazard cleanup activities. This sales tax set aside was created by State statute and has in the past been used for things others than lead hazard cleanup. The amendment would require that the State dedicate up to $14 million each year for lead hazard cleanup. The amendment would ensure that this money can only be used to cleanup lead hazards. This amendment would not change the current sales tax imposed on the sale of paint.

STATEMENT

This constitutional amendment would dedicate a portion of existing sales tax revenue from paint sales to mitigate lead hazards. Current law requires a portion of sales tax collected from the sale of paint to be set aside to resolve lead hazard issues in the State. This amendment would add the funding requirements into the constitution. This sales tax set aside of at least $7 million and not more than $14 million was created by statute and intended to pay for lead hazard mitigation activities. This amendment would require the State to annually appropriate the tax revenues to serve the original purpose of the law. This sales tax set aside was created by State statute and has in the past been used for things others than lead hazard cleanup.