Bill Text: NJ SCR42 | 2024-2025 | Regular Session | Introduced

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Bill Title: Amends Constitution to allow public funds to be used for historic preservation of places of worship.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [SCR42 Detail]

Download: New_Jersey-2024-SCR42-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 42

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 

 

Sponsored by:

Senator  ANTHONY M. BUCCO

District 25 (Morris and Passaic)

 

 

 

 

SYNOPSIS

     Amends Constitution to allow public funds to be used for historic preservation of places of worship.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

A Concurrent Resolution proposing to amend Article I, paragraph 3 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 to the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I, paragraph 3 to read as follows:

     3.    No person shall be deprived of the inestimable privilege of worshipping Almighty God in a manner agreeable to the dictates of his own conscience; nor under any pretense whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily engaged to perform.  Notwithstanding the provisions of this paragraph, public funds may be used to repair or restore a church or other place of worship as part of a historic preservation program.

(cf: Art. I, par. 3)

 

     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 ALLOW PUBLIC FUNDS TO BE USED FOR HISTORIC PRESERVATION OF PLACES OF WORSHIP
	YES	Do you approve amending the Constitution to allow public funds to be used to restore a place of worship that has historical significance?  This would allow public funds to be used to restore places of worship as part of a historic preservation program.
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment would allow public funds to be used to restore a place of worship as part of a historic preservation program.  A recent court decision found that a county could not give grants for the restoration of churches.  These grants were used to repair churches as part of a historic preservation program.  Approval of this amendment would allow public funds to be used for the restoration of places of worship that have historical significance.

 

 

STATEMENT

 

     This concurrent resolution proposes an amendment to the State Constitution to allow public funds to be used for the historic preservation of churches or other places of worship as part of a historic preservation program.

     This concurrent resolution is in response to a recent New Jersey Supreme Court decision, Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders, (Docket No. 079277).  This court decision found that the award by Morris County of taxpayer funds to repair twelve churches, as part of a historic preservation program, violates Article I, paragraph 3, known as the "Religious Aid Clause" of the New Jersey Constitution.

     Under current law, counties are authorized to establish "County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds," and municipalities are also authorized to establish similar funds.  These funds are often referred to as "open space trust funds," and may only be established by a county or municipality with voter approval to annually levy funds for the acquisition, development, or maintenance of lands for recreation and conservation purposes, acquisition of farmland for farmland preservation purposes, historic preservation of historic properties, and other similar purposes.  In 2002, the voters of Morris County authorized the county to provide historic preservation funding under a trust fund established by this property tax levy. 

     The New Jersey Supreme Court found, in Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders, that the use of these taxpayer funds for historic preservation activities at a church or other place of worship violates the "Religious Aid Clause" of the New Jersey Constitution.  This constitutional amendment, if approved by the voters, would allow public funds to be used for historic preservation activities at churches or other places of worship as part of a historic preservation program.