ASSEMBLY, No. 2603
STATE OF NEW JERSEY
INTRODUCED DECEMBER 16, 1996
By Assemblyman GARRETT, Assemblywoman MURPHY and Assemblyman Gregg
An Act transferring the Division of Parks and Forestry and the Green Acres program from the Department of Environmental Protection to the Department of Agriculture, supplementing chapter 1 of Title 4 of the Revised Statutes, and amending R.S.4:1-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Department of Agriculture is renamed the Department of Agriculture, Parks and Forestry.
b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Agriculture or the Secretary thereof, the same shall mean and refer to the Department of Agriculture, Parks and Forestry or the Secretary thereof.
2. (New section) a. The Division of Parks and Forestry in the Department of Environmental Protection, together with all its functions, powers and duties, is transferred to and constituted as the Division of Parks and Forestry in the Department of Agriculture, Parks and Forestry.
b. All responsibility for the budget, fiscal and personnel matters of the Division of Parks and Forestry is transferred to the Department of Agriculture, Parks and Forestry.
c. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Parks and Forestry in the Department of Environmental Protection, the same shall mean and refer to the Division of Parks and Forestry in the Department of Agriculture, Parks and Forestry.
3. (New section) All the functions, powers and duties heretofore exercised by the Department of Environmental Protection, or the Commissioner thereof, pursuant to P.L.1961, c.51 (C.13:1B-15.4 et seq.), the "Natural Areas System Act," P.L.1975, c.363 (C.13:1B-15.12a et seq.), P.L.1966, c.54 (C.13:1B-15.100 et seq.), the "State Park and Forestry Resources Act," P.L.1983, c.324 (C.13:1L-1 et seq.), P.L.1973, c.54 (C.13:8-29), the "New Jersey Trails System Act," P.L.1974, c.159 (C.13:8-30 et seq.), the "New Jersey Wild and Scenic Rivers Act," P.L.1977, c.236 (C.13:8-45 et seq.), P.L.1982, c.167 (C.13:8-64 et seq.), the "Forest Fire Prevention and Control Act," P.L.1981, c.369 (C.13:9-44.1 et seq.), R.S.13:12-1 et seq., P.L.1980, c.104 (C.32:14-1.1 et seq.), the "tree expert act," P.L.1940, c.100 (C.45:15C-1 et seq.), chapter 8 of Title 13 of the Revised Statutes (Forest Park Reserves and Reservations), the "New Jersey Green Acres Land Acquisition Act of 1961," P.L.1961, c.45 (C.13:8A-1 et seq.), the "New Jersey Green Acres Land Acquisition Act of 1971," P.L.1971, c.419 (C.13:8A-19 et seq.), the "New Jersey Green Acres Land Acquisition and Recreation and Opportunities Act," P.L.1975, c.155 (C.13:8A-35 et seq.), chapter 9 of Title 13 of the Revised Statutes (State Forest Fire Service), Title 28 of the Revised Statutes (Historic Memorials, Monuments and Sites), and all amendments and supplements to these acts and statutes, are hereby transferred to and vested in the Division of Parks and Forestry in the Department of Agriculture, Parks and Forestry.
4. (New section) All transfers directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
5. (New section) The Palisades Interstate Park Commission established by compact between the states of New Jersey and New York pursuant to P.L.1937, c.148 of the Laws of New Jersey and Chapter 170 of the New York Laws of 1937, and approved by the Congress of the United States, is continued and allocated within the Department of Agriculture, Parks and Forestry. Notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by the secretary or any officer or employee thereof, except as otherwise provided in P.L.1980, c.104 (C.32:14-1.1 et seq.).
6. R.S.4:1-2 is amended to read as follows:
4:1-2. The department shall consist of:
a. A State Board of Agriculture, which shall be the head of the department;
b. A Secretary of Agriculture, Parks and Forestry, who shall be the principal executive officer of the department;
c. An assistant Secretary of Agriculture, Parks and Forestry;
d. A Division of Animal Health;
e. A Division of Markets;
f. A Division of Plant Industry;
g. A Division of Dairy Industry;
h. A Division of Parks and Forestry;
i. Such other divisions and bureaus as may be created as provided in section 4:1-17 of this Title; and
[i.]j. The officers and employees authorized to be appointed and employed.
(cf: P.L.1968, c.358, s.1)
7. This act shall take effect immediately.
STATEMENT
This bill would transfer the Division of Parks and Forestry from the Department of Environmental Protection to the Department of Agriculture, which would be renamed the Department of Agriculture, Parks and Forestry. The bill would specifically transfer all the functions, powers and duties exercised by the Department of Environmental Protection pursuant to P.L.1961, c.51 (C.13:1B-15.4 et seq.), the "Natural Areas System Act," P.L.1975, c.363 (C.13:1B-15.12a et seq.), P.L.1966, c.54 (C.13:1B-15.100 et seq.), the "State Park and Forestry Resources Act," P.L.1983, c.324 (C.13:1L-1 et seq.), P.L.1973, c.54 (C.13:8-29), the "New Jersey Trails System Act," P.L.1974, c.159 (C.13:8-30 et seq.), the "New Jersey Wild and Scenic Rivers Act," P.L.1977, c.236 (C.13:8-45 et seq.), P.L.1982, c.167 (C.13:8-64 et seq.), the "Forest Fire Prevention and Control Act," P.L.1981, c.369 (C.13:9-44.1 et seq.), R.S.13:12-1 et seq., the "tree expert act," P.L.1980, c.104 (C.32:14-1.1 et seq.), P.L.1940, c.100 (C.45:15C-1 et seq.), chapter 8 of Title 13 of the Revised Statutes (Forest Park Reserves and Reservations), the "Green Acres program," P.L.1961, c.45 (C.13:8A-1 et seq.), P.L.1971, c.419 (C.13:8A-19 et seq.), and P.L.1975, c.155 (C.13:8A-35 et seq.), chapter 9 of Title 13 of the Revised Statutes (State Forest Fire Service), Title 28 of the Revised Statutes (Historic Memorials, Monuments and Sites), and all amendments and supplements to these acts and statutes, to the Division of Parks and Forestry in the Department of Agriculture, Parks and Forestry.
The bill would also allocate the Palisades Interstate Park Commission within the Department of Agriculture, Parks and Forestry, but the commission would retain its operational independence.
Transfers Division of Parks and Forestry and Green Acres program to Department of Agriculture.