Bill Text: NJ S2845 | 2012-2013 | Regular Session | Amended

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Bill Title: Replaces NJ Wine Industry Advisory Council with NJ Wine Board and establishes new duties and authorizes revenue-producing activities.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2013-06-17 - Referred to Senate Budget and Appropriations Committee [S2845 Detail]

Download: New_Jersey-2012-S2845-Amended.html

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[First Reprint]

SENATE, No. 2845

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JUNE 3, 2013

 

 

Sponsored by:

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

Senator  KEVIN J. O'TOOLE

District 40 (Bergen, Essex, Morris and Passaic)

 

Co-Sponsored by:

Senator Beach

 

 

 

 

SYNOPSIS

     Replaces NJ Wine Industry Advisory Council with NJ Wine Board and establishes new duties and authorizes revenue-producing activities.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Economic Growth Committee on June 17, 2013, with amendments.

  

An Act concerning the promotion of wine, and amending and supplementing P.L.1985, c.233 and repealing section 3 of P.L.1985, c.233.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.1985, c.233 (C.4:10-76) is amended to read as follows:

     2.    a.  There is established in the Department of Agriculture the "New Jersey Wine Promotion Account," hereinafter referred to as the "account." All monies received in this account shall be [expended by the Secretary of Agriculture] used for :

     (1)   research and development concerning the viticultural and wine-making processes in the State [and for] ;

     (2)   the promotion of New Jersey wine, consistent with the recommendations of the New Jersey Wine [Industry Advisory Council] Board created pursuant to section 3 of [P.L.1985, c.233 (C.4:10-77)] P.L.    , c.   (C.   ) (pending before the Legislature as this bill);

     (3)   payments for services rendered in implementing P.L.1985, c.233 ¹(C.4:10-76 et seq.)¹ , such as payments for products, equipment, materials ¹,¹ or other goods; and

     (4)   any other ¹[uses] purposes¹ necessary for carrying out the provisions of P.L.1985, c.233 (C.4:10-76 et seq.) .

     b.    The account shall be credited annually, in an appropriation by law, with an amount equal to [$0.47] $0.15 per gallon on all sales of cider taxed pursuant to R.S.54:43-1, and $0.875 per gallon on all sales of wines, vermouth ¹,¹ and sparkling wines sold by plenary winery and farm winery licensees licensed pursuant to R.S.33:1-10.

     c.     The account shall also be credited with any monies made available to it from ¹:¹ (1) the General Fund or any non-State public or private source ¹[,] ;¹ (2) any revenue-producing activity authorized pursuant to section 5 of P.L.    , c.   (C.     ) (pending before the Legislature as this bill) ¹[,] ;¹ and (3) any interest or other investment income earned on monies in the account .

     d.    The secretary shall include with the annual budget request for the department a request for funds sufficient to carry out the purposes and intent of P.L.1985, c.233 (C.4:10-76 et seq.).

     e.     Expenditures and disbursements from the account shall be made by the Secretary of Agriculture upon written request signed
by the duly authorized officer of the New Jersey Wine Board, established pursuant to section 3 of P.L.    , c.   (C.   ) (pending before the Legislature as this bill).

     f.     The New Jersey Wine Board shall meet and evaluate any proposal ¹submitted to the board¹ requesting funding from the account ¹[and submitted to the board]¹ .  Any recommendation for funding, to be used for any purpose set forth in subsection a. of this section, shall be made by recorded vote.  At least 10 percent of the funding allocated by the board annually, excluding monies received for revenue-producing activities authorized pursuant to section 5 of P.L.    , c.   (C.     ) (pending before the Legislature as this bill), shall be expended for projects that advance viticulture and enological research concerning the growing of grapes and the production of wine in New Jersey.

     g.     Monies in the account shall be used exclusively for the purposes set forth in ¹[this act] P.L.1985, c.233 (C.4:10-76 et seq.)¹ .

(cf: P.L.2001, c.323, s.1)

 

     2.    Section 4 of P.L.1985, c.233 (C.4:10-78) is amended to read as follows:

     4.    The Director of the Division of Taxation shall ¹annually¹ certify by ¹[March 1, 1986 and by]¹ March 1 ¹[annually thereafter]¹ to the New Jersey Wine [Industry Advisory Council] Board the number of taxable gallons of wine ¹, vermouth, sparkling wine, and cider¹ sold by plenary winery and farm winery licensees during the preceding taxable year.

(cf: P.L.1985, c.233, s.4)

 

     3.    (New section)  a.  There is established in the Department of Agriculture the New Jersey Wine Board.  The purpose of the board is to foster the development of the New Jersey wine industry by developing marketing, advertising ¹,¹ and other programs designed to promote the orderly growth of the industry, expand viticulture and enological research, increase education about the industry, and promote the production of grapes and wine in the State.

     b.    The New Jersey Wine Board shall consist of eight members, to be selected and qualified as follows:

     (1)   the Secretary of Agriculture, or the secretary's designee, who shall serve ex officio and as a nonvoting member;

     (2)   the Director of the Division of Travel and Tourism in the Department of State, or the director's designee, who shall serve ex officio and as a nonvoting member;

     (3)   one member who shall be recommended by the New Jersey Farm Bureau and appointed by the Governor with the advice and consent of the Senate;

     (4)   one member who shall be recommended by the Garden State Wine Growers Association and appointed by the Governor with the advice and consent of the Senate;

     (5)   one member who shall be an agricultural expert with Rutgers, the State University of New Jersey, and appointed by the Governor with the advice and consent of the Senate; and

     (6)   three members of the public, appointed by the Governor with the advice and consent of the Senate, who shall be holders of a plenary winery license or a farm winery license or shall be a grape grower or viticulturist, and of whom one shall be from the northern part of the State, one shall be from the central part of the State, and one shall be from the southern part of the State.  Prior to appointing a member of the public pursuant to this paragraph, the Governor shall request and consider any recommendations from the general public for membership, submitted to the Governor at least 90 days before the commencement of any term of appointment.

     c.     The members of the board appointed pursuant to paragraphs (3) through (6) of subsection b. of this section shall serve for a term of four years, except that of those first appointed, two shall serve for a term of two years, two shall serve for a term of three years, and two shall serve for a term of four years.  Any member of the board appointed pursuant to paragraphs (3) through (6) of subsection b. of this section shall not be appointed to serve more than two consecutive four-year terms.  Any vacancy or reappointment shall be filled in the same manner as the original appointment.  A vacancy occurring other than by expiration of a term shall be filled in the same manner as the original appointment but for the unexpired term only, and shall not constitute a term in determining the members eligibility for reappointment.

     d.    The board shall organize as soon as possible after the appointment of its members, and shall elect annually a chair and vice-chair from their number, and may select a secretary and treasurer who need not be a member of the board.  The chair of the board shall be its presiding officer and the vice-chair shall serve as chair in the absence of the chair.

     e.     A majority of the entire board shall constitute a quorum for the transaction of business.  Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of two-thirds of the ¹voting¹ members present.  The board shall meet at least four times each year and shall meet at such times and places as may be determined by the chair, or at the request of a majority of the members ¹of the board¹ .

     f.     Members of the board shall serve without compensation ¹,¹ but the members appointed pursuant to paragraphs (3) through (6) of subsection b. of this section may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties with funds available from the New Jersey Wine Promotion Account established pursuant to section 2 of P.L.1985, c.233 (C.4:10-76).

     g.     The board shall be entitled to the assistance and service of the employees of any State, county ¹,¹ or municipal department, board, bureau, commission ¹,¹ or agency, or a public institution of higher education in the State, as it may require and as may be available to it for its purposes.  The Department of Agriculture shall provide primary staff support to the board.

 

     4.    (New section)  The New Jersey Wine Board, established pursuant to section 3 of P.L.    , c.   (C.    ) (pending before the Legislature as this bill), shall have the power and duty to:

     a.     receive and dispense funds or donations from the New Jersey Wine Promotion Account;

     b.    enter into contracts for the purpose of developing new or improved markets or marketing methods for wine and grape products;

     c.     contract for research services to improve viticulture and enological practices in New Jersey;

     d.    partner or enter into agreements with any local, State, or national organization or agency engaged in education for the purpose of disseminating information on wine or other viticulture projects;

     e.     partner or enter into contracts with private or public entities for the purpose of developing marketing, advertising ¹,¹ and other programs designed to promote the orderly growth of New Jersey's wine industry;

     f.     rent or purchase office or laboratory space, land, equipment, and supplies as necessary to carry out its duties;

     g.     employ such personnel as may be required to carry out its duties;          

     h.     acquire any licenses or permits necessary for the performance of the powers and duties of the board;

     i.      cooperate with other state, regional, national, and international organizations in research, education, and promotion of the growing of grapes and the production of wine in the State and to expend moneys from the New Jersey Wine Promotion Account for such purposes;

     j.     adopt a general statement of policy and procedures; and

     k.    prepare an annual report, including a statement of total receipts and disbursements for the year, and submit a copy thereof to the Secretary of Agriculture and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

 

     5.    (New section)  a.  To defray the costs of performing its duties, as set forth in section 4 of P.L.    , c.   (C.    ) (pending before the Legislature as this bill), the New Jersey Wine Board may engage in educational, research-based, or promotional revenue-producing activities related to growing grapes or producing wine in New Jersey, which may include but need not be limited to:

     (1)   publishing materials with printed advertisements;

     (2)   selling printed materials;

     (3)   renting exhibit space at meetings or other events; and

     (4)   charging entrance or participation fees.

     b.    Any funds received pursuant to a revenue-producing activity authorized pursuant to subsection a. of this section shall be deposited by the board into the New Jersey Wine Promotion Account, established pursuant to section 2 of P.L.1985, c.233 (C.4:10-76).

 

     6.    Section 3 of P.L.1985, c.233 (C.4:10-77) is repealed.

 

     7.    This act shall take effect immediately.