Bill Text: NJ ACR182 | 2010-2011 | Regular Session | Introduced

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Bill Title: Amends Constitution to dedicate up to one-half of one percent of annual gross revenues of certain cable television companies for assistance to eligible senior citizens and disabled residents.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-22 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [ACR182 Detail]

Download: New_Jersey-2010-ACR182-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 182

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2011

 

 

Sponsored by:

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  JOSEPH R. MALONE, III

District 30 (Burlington, Mercer, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Amends Constitution to dedicate up to one-half of one percent of annual gross revenues of certain cable television companies for assistance to eligible senior citizens and disabled residents.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VIII, Section II, of the Constitution of the State of New Jersey.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article VIII, Section II, by addition of a new paragraph 9 to read as follows:

     9.    a.  Commencing July 1, 2012, there shall be credited in each State fiscal year to a special account in the General Fund up to one-half of one percent from the revenues collected pursuant to subsection d. of section 30 of P.L.1972, c.186 (C.48:5A-30) and credited to the "CATV Universal Access Fund" created pursuant to subsection d. of section 30 of P.L.1972, c.186, in the manner established under that section, as amended and supplemented, or from any other State law of similar effect.

     The amounts annually credited pursuant to this paragraph shall be dedicated and shall be appropriated from time to time by the Legislature only for the purpose of providing funding for reductions in cable television basic service tier charges to eligible senior citizens and disabled residents of the State, in accordance with such formulae as the Legislature shall by law provide.

     b.    It shall not be competent for the Legislature, under any pretense whatever, to borrow, appropriate, or use the amount credited to the special account pursuant to this paragraph, or any portion thereof, (1) for any purpose or in any manner other than as enumerated in this paragraph, or (2) for the payment of the principal of, or interest on, any general obligation bond, refunding bond, or any other bond, note, or other obligation including, but not limited to, a bond, note, or other obligation authorized pursuant to paragraph 7 or subparagraph (e) of paragraph 6 of Article VIII, Section II, of the State Constitution.

 

     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 PROVIDE FOR THE DEDICATION OF A PORTION OF CABLE TELEVISION REVENUES TO ASSIST ELIGIBLE SENIOR CITIZENS AND DISABLED RESIDENTS
	YES	Shall the proposed amendment to Article VIII, Section II, of the Constitution of the State of New Jersey, agreed to by the Legislature, to provide that beginning on July 1, 2012, the amount annually derived from up to one-half of one percent of annual gross revenues collected by certain cable television companies from their subscribers be dedicated, and appropriated by the Legislature, only for the purpose of providing funding for reductions in cable television basic service tier charges to eligible senior citizens and disabled residents of the State, in accordance with such formulae as the Legislature shall by law provide, be approved?

 

		INTERPRETIVE STATEMENT
	NO	At present, the law requires up to one-half of one percent of annual cable TV gross revenues to be used to lower cable TV basic service tier bills for eligible senior citizens and disabled persons.  In 2010, the annual appropriations law overrode this requirement.  Over $9 million was used for general purposes rather than to lower the cable TV basic service tier bills of eligible seniors and the disabled. Approval of this proposed constitutional amendment will ensure that, beginning on July 1, 2012, the amounts of cable TV gross revenues required by law to be used to lower the cable TV basic service tier bills of eligible senior citizens and disabled persons will be used solely for that purpose.

 

 

STATEMENT

 

     This concurrent resolution proposes an amendment to the State Constitution requiring the State to constitutionally dedicate up to one-half of one percent of the annual gross revenues collected by certain cable television companies pursuant to section d. of section 30 of P.L.1972, c.186 (C.48:5A-30) to reduce cable television basic service tier charges to eligible senior citizens and disabled residents.

     Under current law, cable television companies that are granted a system-wide franchise pursuant to P.L.2006, c.83, and under certain statutorily prescribed conditions, cable television companies that are granted a municipal franchise pursuant to P.L.1972, c.186, are required to pay to the State up to one-half of one percent of the annual gross revenues collected from their cable television service subscribers for deposit into the "CATV Universal Access Fund," (the "CATV Fund").  Although moneys deposited into the "CATV Fund" are statutorily dedicated for the purpose of reducing cable television basic service tier charges to eligible senior citizens and disabled residents, unfortunately, under the provisions of P.L.2010, c.35 (the annual appropriations law), the approximately $9 million in the "CATV Fund" representing balances accruing through the end of FY 2010 and amounts anticipated to be collected through the end of FY 2011, were used for general budgetary purposes rather than for the statutorily dedicated purpose of reducing cable television basic service tier charges to eligible senior citizens and disabled residents.

     By constitutionally dedicating up to one-half of one percent of the annual gross revenues of certain cable television companies deposited in the "CATV Fund" solely for the original intended purpose, a use such as this for an unrelated purpose cannot occur again.