Bill
Bill > SCR42
NJ SCR42
NJ SCR42Amends Constitution to allow public funds to be used for historic preservation of places of worship.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This concurrent resolution proposes an amendment to the State Constitution to allow public funds to be used for the historic preservation of churches or other places of worship as part of a historic preservation program. This concurrent resolution is in response to a recent New Jersey Supreme Court decision, Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders, (Docket No. 079277). This court decision found that the award by Morris County of taxpayer funds to repair twelve churches, as part of a historic preservation program, violates Article I, paragraph 3, known as the "Religious Aid Clause" of the New Jersey Constitution. Under current law, counties are authorized to establish "County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds," and municipalities are also authorized to establish similar funds. These funds are often referred to as "open space trust funds," and may only be established by a county or municipality with voter approval to annually levy funds for the acquisition, development, or maintenance of lands for recreation and conservation purposes, acquisition of farmland for farmland preservation purposes, historic preservation of historic properties, and other similar purposes. In 2002, the voters of Morris County authorized the county to provide historic preservation funding under a trust fund established by this property tax levy. The New Jersey Supreme Court found, in Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders, that the use of these taxpayer funds for historic preservation activities at a church or other place of worship violates the "Religious Aid Clause" of the New Jersey Constitution. This constitutional amendment, if approved by the voters, would allow public funds to be used for historic preservation activities at churches or other places of worship as part of a historic preservation program.
AI Summary
This concurrent resolution proposes a constitutional amendment to the New Jersey State Constitution that would modify Article I, paragraph 3 to allow public funds to be used for historic preservation of churches and other places of worship. Specifically, the resolution seeks to add language that would permit government funding for repairing or restoring religious buildings as part of a broader historic preservation program, despite previous constitutional restrictions. The proposed change is a direct response to a New Jersey Supreme Court decision (Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders) that previously ruled that using taxpayer funds to repair churches violated the state's "Religious Aid Clause." If approved by voters in a general election, the amendment would enable counties and municipalities with existing open space and historic preservation trust funds to include religious buildings in their restoration efforts. The resolution includes specific language for the ballot, where voters will be asked to approve the constitutional amendment, with an interpretive statement explaining that the change would allow public funds to be used for restoring places of worship with historical significance, overturning the previous court prohibition.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/09/2024)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/SCR42 |
| BillText | https://pub.njleg.gov/Bills/2024/SCR/42_I1.HTM |
Loading...