Bill Text: NJ S145 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes Lake Hopatcong Fund, dedicates $700,000 annually from pleasure boat registration fees to that fund, and appropriates $700,000 for FY2009.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S145 Detail]
Download: New_Jersey-2010-S145-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
Senator STEVEN V. OROHO
District 24 (Sussex, Hunterdon and Morris)
Co-Sponsored by:
Senators Sweeney, Cunningham and Pennacchio
SYNOPSIS
Establishes Lake Hopatcong Fund, dedicates $700,000 annually from pleasure boat registration fees to that fund, and appropriates $700,000 for FY2009.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing the Lake Hopatcong Fund, amending P.L.2000, c.175 and P.L.1962, c.73, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 12 of P.L.2000, c.175 (C.58:4B-12) is amended to read as follows:
12. a. The "Lake Hopatcong Fund" is established as a nonlapsing, revolving fund in the Department of the Treasury. The fund shall be administered by the Lake Hopatcong Commission, and shall be credited with monies received pursuant to section 12 of P.L.1962, c.73 (C.12:7-34.47) and subsection b. of this section, and with any income earned on monies in the fund. Monies in the fund shall be used to carry out the purpose and objectives of P.L.2000, c.175 (C.58:4B-1 et seq.)
b. Notwithstanding any provision of law, rule, or regulation to the contrary, any State or federal funds appropriated, allocated, or designated by law, rule, regulation, or otherwise for the protection, preservation, restoration, maintenance, management, or enhancement of Lake Hopatcong shall be [allocated to the Lake Hopatcong Commission] deposited in the "Lake Hopatcong Fund" for expenditure in furtherance of the purposes and objectives of [this act] P.L.2000, c.175. This section shall not apply to State or federal funds appropriated, allocated, or designated for Lake Hopatcong State Park.
(cf: P.L.2000, c.175, s.12)
2. Section 13 of P.L.2000, c.175 (C.58:4B-13) is amended to read as follows:
13. There is appropriated from the General Fund to the Lake Hopatcong Commission the sum of $3,000,000 to pay for startup costs and to carry out the purposes and objectives of [this act] P.L.2000, c.175 in the first year after the date of enactment of [this act] P.L.2000, c.175, and any unspent monies after that first year shall be carried forward for use by the commission in future years. Each year after the [first year] date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall submit its annual budget request for funds dedicated to the Lake Hopatcong Fund pursuant to section 12 of P.L.1962, c.73 (C.12:7-34.47) and sufficient to carry out the purposes and objectives of [this act] P.L.2000, c.175 as part of the annual budget request submitted by the Department of Environmental Protection to the Division of Budget and Accounting in the Department of the Treasury, which shall include it in the budget request submitted annually by the Governor for appropriation by the Legislature.
(cf: P.L.2000, c.175, s.13)
3. Section 12 of P.L.1962, c.73 (C.12:7-34.47) is amended to read as follows:
12. The fees for the initial numbering of all vessels and for each renewal of the certificate of number issued thereto, unless otherwise provided by law, shall be:
(a) For all vessels less than 16 feet, $12 per year; 16 feet or more but less than 26 feet, $28 per year; 26 feet or more but less than 40 feet, $52 per year; 40 feet or more but less than 65 feet, $80 per year; 65 feet or more, $250 per year. The revenue derived from the increase, pursuant to the amendatory provisions of section 12 of P.L.2002, c.34, in the amount of the fees imposed under this subsection shall be deposited into the "Maritime Industry Fund" established pursuant to section 8 of P.L.2001, c.429 (C.27:1A-82), as follows: in fiscal year 2003, 50% of the revenue derived from the increase in fees, in fiscal year 2004, 75% of the revenue derived from the increase in fees; and in fiscal year 2005 and thereafter, 100% of the revenue derived from the increase in fees. Of the remaining revenue derived from the fees imposed by this subsection, beginning July 1 following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the sum of $700,000 shall be annually credited to and deposited in the "Lake Hopatcong Fund" established pursuant to section 12 of P.L.2000, c.175 (C.58:4B-12).
(b) (Deleted by amendment.)
(c) Special numbers including up to three duplicates thereof and up to four sets of temporary numbers bearing a number corresponding to the special number, shall be assigned to boat dealers and manufacturers, as provided for under rules and regulations to be promulgated by the division, and such numbers shall be displayed temporarily upon boats being tested, demonstrated, photographed or transported, said display to be as prescribed in the rules and regulations aforementioned.
For each such special number so assigned the fee shall be $75 for one year.
(d) A fee shall not be charged for the numbering of any marine equipment operated and maintained by the State of New Jersey; a county; a municipality; a volunteer first aid, rescue, or emergency squad; a search and rescue unit established within a fire district created pursuant to N.J.S.40A:14-70; or a volunteer fire company created pursuant to N.J.S.40A:14-70.1. This subsection shall apply only to marine equipment which is used exclusively in the performance of the prescribed duties of the governmental entities and organizations described above.
(cf: P.L.2002, c.34, s.12)
4. There is appropriated from the General Fund the sum of $700,000 to the Lake Hopatcong Commission for the protection, preservation, restoration, maintenance, management and enhancement of Lake Hopatcong pursuant to P.L.2000, c.175 (58:4B-1 et seq.), which amount shall be first charged to the revenue collected from the fees assessed pursuant to subsection (a) of section 12 of P.L.1962, c.73 (C.12:7-34.47).
5. This act shall take effect immediately.
STATEMENT
Lake Hopatcong is the largest freshwater lake in the State and serves as both an emergency source of drinking water and as a significant recreational resource. However, the introduction of nutrients and other pollutants from stormwater runoff and other nonpoint sources of pollution have reduced the oxygen in the water, thereby causing weeds to grow uncontrollably on the lake bottom. These weeds are hazardous to recreational boaters and diminish fishing, swimming, and other recreational activities on the lake.
The Legislature, finding that improving the quality of this State-owned lake was important to protect both environmental and economic interests in the region, created the Lake Hopatcong Commission in 2001 to oversee and safeguard Lake Hopatcong as a natural, scenic, and recreational resource. To that end, the duties of the commission include, but are not limited to, managing specific activities and projects pertaining to the protection, preservation, restoration, maintenance, management and enhancement of the lake and its watershed.
The commission requires funding to carry out its assigned duties. Recently, however, the State has failed to provide the funding necessary to maintain and preserve Lake Hopatcong, which has led to its degradation. Consequently, this bill establishes the "Lake Hopatcong Fund" and dedicates to the fund $700,000 annually from the pleasure boat registration fees collected by the State each year. It also appropriates $700,000 to the fund immediately to provide funding to the commission for State fiscal year 2009. This annual appropriation will ensure the preservation of this valuable natural resource.
