Bill Text: NJ SCR140 | 2014-2015 | Regular Session | Introduced

New Jersey Senate Concurrent Resolution 140 (Prior Session Legislation)

Introduced

Bill Title: Amends Constitution to dedicate up to one-half of one percent of annual gross revenues of certain cable television companies for assistance to eligible senior citizens and people with disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-09-18 - Introduced in the Senate, Referred to Senate Economic Growth Committee [SCR140 Detail]

Download: New_Jersey-2014-SCR140-Introduced.html

SENATE CONCURRENT RESOLUTION No. 140

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED SEPTEMBER 18, 2014

Sponsored by:

Senator NIA H. GILL

District 34 (Essex and Passaic)

SYNOPSIS

Amends Constitution to dedicate up to one-half of one percent of annual gross revenues of certain cable television companies for assistance to eligible senior citizens and people with disabilities.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution proposing to amend Article VIII, Section II of the New Jersey Constitution.

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 addition of a new paragraph 9 to read as follows:

9. a. Commencing July 1, 2015, there shall be credited in each State fiscal year to a special account in the General Fund, known as the "CATV Universal Access Fund," all revenues collected pursuant to paragraph (2) of subsection d. of section 30 of P.L.1972, c.186 (C.48:5A-30).

The amounts annually credited pursuant to this section shall be dedicated and shall be appropriated from time to time by the Legislature only for the purpose of providing funding for reductions in cable television basic service tier charges to eligible senior citizens and people with disabilities of the State, in accordance with such formulae as the Legislature shall by law provide.

b. The Legislature, under any pretense whatever, shall not borrow, appropriate, or use the amount credited to the "CATV Universal Access Fund" pursuant to this section, or any portion thereof (1) for any purpose or in any manner other than as provided for in subsection a. of this section, or (2) for the payment of the principal of, or interest on, any general obligation bond, refunding bond, or any other bond, note, or other obligation including, but not limited to, a bond, note, or other obligation authorized pursuant to paragraph 7 or subparagraph (e) of paragraph 6 of Article VIII, Section II, of the State Constitution.

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 TO DEDICATE A PORTION OF CABLE TELEVISION REVENUES TO ASSIST ELIGIBLE SENIOR CITIZENS AND PERSONS WHO ARE DISABLED
	YES	Do you approve amending the Constitution to limit how money in the "CATV Universal Access Fund" may be used? This amendment would prevent money in the fund from being used for any purpose other than to reduce cable TV bills for senior citizens and people with disabilities.
		INTERPRETIVE STATEMENT
	NO	Currently, State law requires up to 0.5% of money collected from cable TV customers each year to be deposited in the "CATV Universal Access Fund." The law states that money from the fund may only be used to lower the cost of basic cable TV service for senior citizens and people with disabilities. In the past, this money has been used for other reasons. A "yes" vote would amend the Constitution so that the money in the fund could only be used to lower cable TV bills for senior citizens and people with disabilities. A "no" vote would leave the Constitution unchanged. The money in the fund could be used for other reasons.

STATEMENT

This concurrent resolution proposes an amendment to the State Constitution requiring the State to constitutionally dedicate the annual gross revenues collected by certain cable television (CATV) companies, pursuant to paragraph (2) of section d. of section 30 of P.L.1972, c.186 (C.48:5A-30), to reduce CATV basic service tier charges to eligible senior citizens and people with disabilities.

Under current law, CATV companies that are granted a system-wide franchise, and under certain statutorily prescribed conditions, CATV companies that are granted a municipal franchise, are required to pay to the State up to one-half of one percent of the annual gross revenues collected from their CATV service subscribers for deposit into the "CATV Universal Access Fund" (CATV Fund). Although moneys deposited into the "CATV Fund" are statutorily dedicated for the purpose of reducing CATV basic service tier charges to eligible senior citizens and people with disabilities, under the provisions of P.L.2010, c.35 (the annual appropriations law), approximately $9 million in the "CATV Fund" representing balances accruing through the end of FY 2010 and amounts anticipated to be collected through the end of FY 2011, were used for general budgetary purposes rather than for the statutorily dedicated purpose of reducing CATV basic service tier charges to eligible senior citizens and people with disabilities.

This amendment to the State Constitution prohibits money in the CATV Fund from being used for any purposes other than to reduce CATV basic service tier charges for senior citizens and people with disabilities.