ASSEMBLY, No. 1270

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen COLLINS and STUHLTRAGER

An Act concerning farmers and hunting licenses and amending P.L.1959, c.37.

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

    1. Section 1 of P.L.1959, c.37 (C.23:3-56.1) is amended to read as follows:

    1. When the Fish and Game Council has established a season for deer of either sex and has fixed a certain number of [licenses] permits to be issued for such harvest, the division is authorized to charge a fee of $18.00, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), for each [license] permit so issued, which fee shall be in addition to any other fees authorized by law. No such fee shall be required of [the occupant of a farm in this State, who actually resides thereon], a qualified farmer or the spouse or children of that farmer who reside in the farmer's household, provided such person or persons are otherwise authorized to participate in such limited harvest. The exemption of this section shall not apply to a person residing on the farm or in a tenant house thereon who is not [a member of the occupant's family] the spouse or a child of the qualified farmer, nor to [a servant] an employee of the [occupant] qualified farmer.

    For the purposes of this section, a qualified farmer means a person who: (a) owns or leases a farm on which the person resides that: (1) is at least five acres in area; (2) produces a gross annual income of at least $500.00; and (3) is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.); or

    (b) owns or leases a farm on which the person does not reside provided that: (1) the person actively farms at least 50 contiguous acres; (2) the person can document that at least 33% of his gross annual income is from the sale of agricultural products; and (3) the farm is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C.54:4-23.1 et seq.). The exemption provided under this section shall be limited to no more than one per person eligible under the criteria of this section.

(cf: P.L.1991, c.286, s.9)

    2. This act shall take effect immediately.

STATEMENT

    This bill defines and clarifies those who may qualify as a farmer for the purpose of obtaining the fee exemption provided for farmers for permits to hunt during an either sex deer hunting season.

    The bill would define a qualified farmer as a person who: (a) owns or leases a farm on which the person resides that: (1) is at least five acres in area; (2) produces a gross annual income of at least $500; and (3) is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.); or (b) owns or leases a farm on which the person does not reside provided that: (1) the person actively farms at least 50 contiguous acres; (2) the person can document that at least 33% of the person's gross annual income is from the sale of agricultural products; and (3) the farm is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964", P.L.1964, c.48 (C.54:4-23.1 et seq.).

    The bill provides that the exemption shall be limited to no more than one per person eligible under the criteria set forth in the bill.

Defines who may qualify as farmer for license fee exemption for either sex deer hunting season.