ASSEMBLY, No. 3892

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 7, 2011

 


 

Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex)

Assemblywoman  MILA M. JASEY

District 27 (Essex)

 

 

 

 

SYNOPSIS

     Establishes $2 surcharge upon building permits for payments to Community Health Law Project.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing revenue stream for payment to Community Health Law Project and amending and supplementing P.L.1979, c.121.

 

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

 

     1.    Section 3 of P.L.1979, c.121 (C.52:27D-126a) is amended to read as follows:

     3.    a.  Where the appointing authority of any municipality shall appoint an enforcing agency and construction board of appeals pursuant to section 8 of P.L.1975, c. 217, the municipal governing body by ordinance, in accordance with standards established by the commissioner, shall set enforcing agency fees for plan review, construction permit, certificate of occupancy, demolition permit, moving of building permit, elevator permit and sign permit, provided, however, that such fees shall not exceed the annual costs for the operation of the enforcing agency.

     b.    In addition to the fees imposed pursuant to subsection a. of this section, an applicant shall pay an additional fee in the amount of $2 to the enforcing agency at each time an application is submitted.  The proceeds of the additional fees collected pursuant to this subsection shall be accounted for and remitted to the chief financial officer of the municipality.  The chief financial officer shall pay the proceeds of the additional fees collected pursuant to this subsection to the State Treasurer prior to the tenth day of each month following the month of collection.  The municipal governing body may adjust enforcing agency fees set pursuant to subsection a. of this section in order to cover the costs of administering the provisions of this subsection.

     c.     All amounts paid to the State Treasurer from the payment of the fees collected pursuant to subsection b. of this section shall be credited to the "Community Health Law Project Nonlapsing Fund" established pursuant to P.L.    , c.    (C.    )(pending before the Legislature as this bill).

(cf: P.L.1979, c.121, s.3)

 

     2.    (New section)  a.  There is established in the Department of the Treasury a separate nonlapsing fund to be known as the "Community Health Law Project Nonlapsing Fund."  This fund shall be the repository for monies provided pursuant to subsection b. of section 3 of P.L.1979, c.121 (C.52:27D-126a) (pending before the Legislature as section 1 of this bill) and any other funds approved for disbursement to the Community Health Law Project.
     b.    The State Treasurer is the custodian of the fund and shall make disbursements from the fund to the Community Health Law Project prior to the twentieth day of each month following the month of collection.  The monies in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer, in the manner provided by law.  Interest received on the monies in the fund shall be credited to the fund.

     c.     The Community Health Law Project shall utilize monies received pursuant to this section exclusively for the provision of legal services and advocacy services for disabled persons and frail elderly persons, which purposes are hearby declared to be public purposes.  The Community Health Law Project shall submit a report to the State Treasurer and the Legislature on an annual basis which shall include an accounting of monies received pursuant to this section.

 

     3.    (New section)  The annual appropriations act for each State fiscal year shall, without other conditions, limitations, or restrictions on the following:

     (1)   credit amounts paid to the State Treasurer, if any, in payment of fees collected pursuant to subsection b. of section 3 of P.L.1979, c.121 (C.52:27D-126a) (pending before the Legislature as section 1 of this bill) to the "Community Health Law Project Nonlapsing Fund" established pursuant to P.L.   , c.   (C.   )(pending before the Legislature as this bill); and

     (2)   appropriate the balance of the "Community Health Law Project Nonlapsing Fund" established pursuant to P.L.  , c.    (C.     ) (pending before the Legislature as this bill), for the purposes of that fund.

 

     4.    This act shall take effect on the first day of the third month following enactment.

 

 

STATEMENT

 

     This bill would establish an additional $2 fee upon the issuance of any permit under the Uniform Construction Code which would be dedicated to the Community Law Health Project.  The Community Health Law Project is a non-profit corporation dedicated to the provision of critical advocacy and representation to persons with severe disabilities, including children and frail senior citizens.