A5596

An Act concerning municipal open space tax levy and amending P.L.1997, c.24.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 7 of P.L.1997, c.24 (C.40:12-15.7) is amended to read as follows:

7. a. (1) The governing body of any municipality may submit to the voters of the municipality in a general or special election a proposition authorizing imposition of an annual levy for an amount or at a rate deemed appropriate for any or all of the following purposes, or any combination thereof, as determined by the governing body:

(a) acquisition of lands for recreation and conservation purposes;

(b) development of lands acquired for recreation and conservation purposes;

(d) acquisition of farmland for farmland preservation purposes;

(e) historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes;

(f) payment of debt service on indebtedness issued or incurred by a municipality for any of the purposes set forth in subparagraph (a), (b), (d), (e) or (g) of this paragraph; or

(g) Blue Acres projects.

(2) The amount or rate of the annual levy may be subdivided in the proposition to reflect the relative portions thereof to be allocated to any of the respective purposes specified in paragraph (1) of this subsection or may be depicted as a total amount or rate, to be subdivided in a manner determined previously, or to be determined at a later date, by the governing body of the municipality after conducting at least one public hearing thereon.

b. Upon approval of the proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality may annually raise by taxation a sum not to exceed the amount or rate set forth in the proposition approved by the voters for the purposes specified therein. If the amount or rate set forth in the proposition was not subdivided among the various purposes, the governing body of the municipality may determine the appropriate amount or rate to be allocated to each purpose after conducting at least one public hearing thereon.

c. Amounts raised by the levy imposed pursuant to this section shall be deposited into a "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund" to be created by the municipality, and shall be used exclusively for the purposes authorized by the voters of the municipality. Any interest or other income earned on monies deposited into the municipal trust fund shall be credited to the fund to be used for the same purposes as the principal. Separate accounts may be created within the municipal trust fund for the deposit of revenue to be expended for each of the purposes specified in the proposition approved by the voters of the municipality. A municipality may deposit other funds into the Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund, as it may, from time to time, deem appropriate.

d. The governing body of a municipality may submit to the voters of the municipality in a general or special election a proposition amending or supplementing a proposition previously submitted, approved, and implemented as provided pursuant to this section either (1) changing the amount or rate of the annual levy, or (2) adding or removing purposes authorized pursuant to this section for which the levy may be expended. Upon approval of the amendatory or supplementary proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality shall implement it in the same manner as set forth in P.L.1997, c.24 for implementation of the original proposition.

e. Upon petition to the governing body of a municipality signed by the voters of the municipality equal in number to at least 15 [%] percent of the votes cast therein at the last preceding general election, filed with the governing body at least 90 days before a general or special election, the governing body of the municipality shall submit to the voters of the municipality in the general or special election the proposition otherwise authorized pursuant to subsection a. or subsection d. of this section, as the case may be.

f. Notwithstanding the provisions of this section to the contrary, the governing body of a municipality may, by ordinance, reduce the rate of a tax levy imposed pursuant to this section in proportion to a reduction in the average municipal property tax rate as a result of a revaluation of real property conducted in accordance with P.L.1971, c.424 (C.54:1-35.35 et seq.), a district-wide reassessment program, compliance plan, or other form of municipal-wide assessment review that requires the revision of all property assessments to current market value. The submission of a proposition to the voters shall not be necessary for an ordinance adopted pursuant to this subsection to take effect.

(cf: P.L.2011, c.173, s.7)

2. This act shall take effect immediately.

STATEMENT

This bill allows the governing body of a municipality to, by ordinance rather than referendum, reduce the rate of a tax levy imposed to collect funds for the purposes of a Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund. This permission is only to be applicable in the event that a revaluation or reassessment of real property reduces the average municipal property tax rate, and the reduction permitted by the bill is to be in proportion with such. The sponsor believes that a municipality should have the option to prevent an effective increase in total property tax collection that would otherwise result from a revaluation or reassessment since the primary purpose of revaluation or reassessment is not to generate additional revenue, but to ensure that all properties are accurately valued and the property tax burden is fairly distributed.