ASSEMBLY, No. 2236

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 27, 1996

 

 

By Assemblyman CORODEMUS

 

 

An Act concerning clams, amending P.L.1995, c.335, and repealing parts of the statutory law.

 

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

 

    1. Section 3 of P.L.1995, c.335 (C.58:24-13) is amended to read as follows:

    3. a. There is established in the Department of Environmental Protection a nonlapsing [, revolving] fund to be known as the "Monmouth County Clam Depuration and Relay Program Fund," hereinafter referred to as "the fund." The fund shall be credited with all [surcharges collected pursuant to this section] moneys appropriated thereto by law or otherwise deposited in the fund, and any interest earned on moneys in the fund shall be credited to the fund. All moneys in the fund shall be appropriated for the purposes specified in this section, and no moneys shall be expended for those purposes without the specific appropriation thereof by the Legislature. The Commissioner of Environmental Protection shall be the administrator of the fund, and all disbursements from the fund shall be made by the commissioner. The fund is established in addition to, and separate from, the "Shellfisheries Law Enforcement Fund" established pursuant to section 3 of P.L.1988, c.35 (C.50:2-3.1), and the moneys disbursed from the fund shall not replace, but shall be provided in addition to, any revenues appropriated from the General Fund and other sources for the purpose of maintaining and implementing depurated hard or soft clam or relayed hard clam programs in Monmouth County, or other shellfish programs of which these programs are a part.

    b. [There shall be assessed a surcharge of $2.00 on each bushel of depurated or relayed hard clams or depurated soft clams that are harvested as part of the depurated hard or soft clam or hard clam relay programs in Monmouth County. The Department of Environmental Protection shall establish procedures for the manner and method of the assessment and collection of the surcharges. All surcharges collected by the department pursuant to this section shall be deposited in the fund. Bait-harvested clams and hard or soft clams taken for research purposes shall not be subject to the surcharge established pursuant to this subsection.] (Deleted by amendment, P.L. , c. (C. ) (now before the Legislature as this bill))

    c. All moneys in the fund shall be disbursed only for the purpose of funding depurated hard and soft clam or hard clam relay programs in Monmouth County, as provided in subsection d. of this section.

    d. The Commissioner of Environmental Protection shall disburse annually the moneys in the fund for expenditures made by the Department of Environmental Protection and the Department of Health in the implementation of depurated hard or soft clam or hard clam relay programs in Monmouth County, but in no case in an amount that is greater than the following percentages of the fund available in any one year: the Department of Environmental Protection, 66.7%, of which amount half shall be used by the Division of Fish, Game and Wildlife exclusively for the purpose of enforcing the laws, rules and regulations that relate to the harvesting, transportation and marketing of clams that are part of the clam depuration or relay programs in Monmouth County, and half shall be used exclusively for water quality monitoring and classification programs in Monmouth County; and the Shellfish Program in the Department of Health, 33.3%.

    e. On July 15, 1997, and every other year thereafter, the Commissioner of Environmental Protection shall submit in writing to each person participating in clam depuration and relay programs in Monmouth County and the organizations that represent them, an accounting of the fund [,] and a determination of the adequacy of the moneys on deposit in the fund to support the purposes of this act [, and the recommendations of the commissioner as to whether any increase or decrease of the surcharge or the termination or expansion of the programs is warranted] . Prior to July 15, 1997, the persons participating in clam depuration and relay programs in Monmouth County and the organizations that represent them shall determine the method by which they shall review the recommendations of the commissioner and submit a response to the commissioner. On August 15th following the receipt of the accounting of the program, and the determination and recommendations from the commissioner, the persons participating in clam depuration and relay programs in Monmouth County and the organizations that represent them, in accordance with the agreed-upon method of review and response, shall submit their recommendations concerning the determination and recommendations of the commissioner in writing to the commissioner.


After reviewing the response, the commissioner shall submit recommendations based on the response to the Governor and the Legislature.

(cf: P.L.1995, c.335, s.3)

 

    2. Section 1 of P.L.1995, c.335 (C.58:24-11) and section 2 of P.L.1995, c.335 (C.58:24-12) are repealed.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would repeal the $2.00 per bushel surcharge on clams harvested through the depurated hard and soft clam and hard clam relay programs in Monmouth County. The surcharge was imposed pursuant to P.L.1995, c.335 (C.58:24-11 et seq.). The surcharge fees collected pursuant to that law were required to be deposited into the Monmouth County Clam Depuration and Relay Program Fund to be utilized to implement the depurated hard or soft clam or hard clam relay programs in Monmouth County. The bill would not repeal the fund, however; it would remain in existence to be the repository for such moneys as may be appropriated or otherwise credited to the fund to be expended for the purposes set forth in the 1995 law. The bill would also repeal two sections of the 1995 law (i.e., the legislative findings and declarations section and the definitions section) that are no longer needed for the purposes of the revision made by this bill.

 

 

                             

Repeals Monmouth County clam depuration and relay surcharge.