Bill > ACR38

Introduced Session

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

Committee Categories

Paul Kanitra (R)*,  Gerry Scharfenberger (R)*, 

Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee (on 01/13/2026)

Official Document