STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Warren and Hunterdon)
SYNOPSIS
Provides for voluntary contributions by taxpayers on gross income tax returns for New Jersey - Local Open Space and Farmland Acquisition.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning voluntary contributions through gross income tax returns for local open space and farmland acquisition, supplementing chapter 9 of Title 54A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is established in the Department of the Treasury a revolving and non-lapsing special fund to be known as the "New Jersey-Local Open Space and Farmland Acquisition Fund."
b. Each resident taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution shall be deposited in the special fund for open space acquisition, and to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution shall be deposited in the special fund for farmland preservation.
c. Any costs incurred by the Division of Taxation for collection or administration attributable to this act may be deducted from receipts collected pursuant to this act, as determined by the Director of the Division of Budget and Accounting. The State Treasurer shall establish special separate accounts within the "New Jersey-Local Open Space and Farmland Acquisition Fund" for open space acquisition and farmland preservation, and shall deposit net contributions collected pursuant to this act into the appropriate special account in the "New Jersey-Local Open Space and Farmland Acquisition Fund,” as indicated by the resident taxpayer’s New Jersey gross income tax returns.
d. The Legislature shall annually appropriate all funds deposited in the "New Jersey-Local Open Space and Farmland Acquisition Fund" established pursuant to this section to the Department of the Treasury for the appropriate disbursement of open space acquisition monies to the Office of Green Acres in the Department of Environmental Protection, or farmland preservation monies to the State Agricultural Development Committee. Monies disbursed to the Office of Green Acres shall be used for a program of grants to municipal governments, based on measures of municipal distress as developed by the office, to supply any matching funds otherwise required pursuant to the grant programs to local governments administered by the office pursuant to paragraph (2) of subsection b. of section 24 of P.L.1999, c.152 (C.13:8C-24) or otherwise pursuant to the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-1 et seq.). Monies disbursed to the State Agricultural Development Committee shall be used for farmland preservation in accordance with programs established by law.
e. No municipality may receive a grant from funds appropriated pursuant to subsection d. of this section unless it has established a dedicated fund or account for the acquisition of land for recreation and conservation purposes or farmland preservation purposes, as applicable to the grant received. Any such grant received by a municipality pursuant to this act shall be deposited in that dedicated fund or account to be used solely for the acquisition of land for recreation and conservation purposes or farmland preservation purposes, as appropriate.
2. This act shall take effect immediately and apply to taxable years beginning on or after January 1 next following enactment.
STATEMENT
This bill establishes the "New Jersey-Local Open Space and Farmland Acquisition Fund" and provides for a designation on the State gross income tax return that will permit taxpayers to make voluntary contributions to the fund to help local municipalities in acquiring land for open space and farmland preservation.
The bill requires that the balance of the "New Jersey-Local Open Space and Farmland Acquisition Fund" be annually appropriated to the Department of the Treasury for the appropriate disbursement of open space acquisition monies to the Office of Green Acres in the Department of Environmental Protection, or farmland preservation monies to the State Agricultural Development Committee.