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Recommendations Of New Jersey's 1997 Property Tax Commission

Recommendations of the Governor's 1997transportation  funding
Property Tax Commission that through August
2, 2001 have been enacted by law or bySCR65 Motor fuels tax- repair State
regulation and those which have had justtransportation  system
bills introduced.Governor Whitman asked the
Property Tax Commission she created in 1997SCR67 Motor vehicle fuels tax - dedicate for
to study the property tax problem in Newtransportation  funding
Jersey and offer recommendations that would
help county, school, and municipal officialsA2984 County road project - eliminate State
ease the burden of property taxes on Newpermit  fee
Jersey residents.The 60 specific
recommendations of the Commission are listedA3628 State transportation system, improve
in summary form below. Following thelocal  bridges
specific recommendation is a citation to the
law, regulation or bill that followed or aS1610 Statewide Transportation and Local
statement that (No law, regulation or billBridge  Bond  Act
has been forthcoming).It appears that after
the 60 recommendations of the Governor'sS1745 County road project - eliminate State
Property Tax Commission were issued inpermit  fee
September of 1998, 11 recommendations had one
or more bills introduced to implement them, 6S1848 Traffic control signals - DOT bear
recommendations were implemented by Executivecost
Order No. 88, and one recommendation was
implemented by a constitutionalS2295 State transportation system, improve
amendment.Chapter I1.1 Enact legislation thatlocal  bridges
would allow municipal governments in urban
aid-qualified communities to levy a parking,A95 Expand definition of Circle of Mobility
entertainment, or hotel room tax for the
purpose of providing direct tax relief toS161 Expand definition of Circle of
property taxpayers.(No law, regulation orMobility
bill has been forthcoming).Chapter II2.1
Establish a State program of financialS194 NJT Corp., DOT property in lieu of tax
assistance and incentives to encourage localpayment
governments and school districts to
consolidate, regionalize, and implement newA2343 Transportation Trust Fund Authority -
joint services.P.L.1999, c.60, Regionalincrease  spending  cap
Efficiency Aid Program (REDI). This program
assists local governments and schoolA3567 Creates  Local  Bond  Authority
districts with the study and implementation
of shared service agreements andS1609 Transportation Trust Fund Authority -
consolidation efforts.2.2 Link any program ofincrease spending cap2000-2001
incentives and financial assistance forsession:A1673 Statewide Transportation;
consolidation, regionalization, and sharedlocal  bridge  funds;  $205  million
services directly to providing property tax
relief for the communities'A2348 Transportation Trust Fund projects -
residents.P.L.1999, c.61, Regional Efficiencyconcerns  revenues
Aid Program (REAP). This program provides
property tax credits directly to residents inA2541 21st Century Transportation Trust
those taxing districts that have implementedFund  Extension
regionalization and other cost saving
measures.2.3 Continue funding for the JointA2586 Congestions Relief/Transportation
Service Incentive Grant Program, whichTrust  Fund  Act
provides "seed money" to study or implement
consolidation, and regional and sharedA2715 Transportation Trust Fund Authority -
service programs.The last time the "Jointconcerns  fund  use
Services Incentive Aid" grant program was
funded in the State Budget was for $500,000A3010 Amends definition of Circle of
in FY 2000.2.4 Amend current statutes toMobility
provide, at local option, that in instances
of shared or merged services involvingA3188 Transportation Project Capital Fund -
police, firefighters, and teachers, allestablish
contractual matters shall be subject to
renegotiation with the shared/merged serviceA3350 Transportation district - concerns
provider.(No law, regulation or bill has beencongestion  relief
forthcoming).2.5 Permit locally funded early
retirement incentives or added pension creditACR18 Petroleum gross receipts tax - fund
programs for newly consolidatedtransportation
municipalities or new interlocal service
programs.P.L.1999, c.59, Permits local unitsACR40 Transportation funding - dedicate 1/2
to offer retirement or termination incentivescent  of  sales  tax
to certain employees affected by
regionalization of services.2.6 Permit localACR115 Petroleum product tax - dedicate to
units to "opt out" of Civil Service fortransportation
purposes of interlocal and shared service
programs.A-258 of 00-01, Permits counties andS26 Motor fuels tax, increase for
municipalities to withdraw from civil servicetransportation  purposes
for purposes of interlocal and shared service
programs.2.7 Direct all State agencies toS705 Traffic control signals - DOT bear
conduct a review of their rules and programcost
requirements to identify those that restrict
local shared efforts or cooperativeS1488 Expand definition of Circle of
activity.Executive Order 88.2.8Mobility
Administratively provide that appointment of
a joint municipal court judge shall be by theSCR7 Motor vehicle fuels tax - dedicate for
Governor based upon nominations made by thetransportation  funding
municipalities operating the joint municipal
court.(No law, regulation or bill has beenSCR35 Motor vehicle fuels tax - repair State
forthcoming).2.9 Enact legislation to permittransportation  system
county governments and approved local
cooperative pricing systems to establishA444 Create Highway Corridor Redevelopment
programs similar to the State's open-endedZone  Comm.
contracts.(No law, regulation or bill has
been forthcoming).2.10 Provide clearA785 County road project - eliminate State
statutory authority for counties to serve aspermit  fee
facilitators of intermunicipal joint service
efforts. Along with legislative authority,A2587 1999 Statewide Transportation/Local
provide limited financial assistance to helpBridge  Fund;  $150  million
counties establish offices of shared service
facilitation.(No law, regulation or bill hasA3181 Road repair grants - State, county,
been forthcoming).2.11 Statutorily requiremun.;  $45  million
regular (at least annual) meetings between
the governing bodies of adjoiningA3286 Statewide Transportation, local
municipalities, and between municipalbridge  fund;  $145  million
officials and those of local school
districts, authorities, and fire districts toA3496 Local  Bridge  Bond  Act  of  2001
discuss cost- saving efforts and possible
shared services.A-544 of 2000, Provides forS813 State transportation system, improve
annual meetings between school boards andlocal  bridges
municipal governing bodies to discuss
finances.2.12 Direct State agencies,S1528 1999 Statewide Transportation/Local
including the Local Government Budget ReviewBridge  Fund;  $150  million
Program, to make personnel available upon
request to assist local officials withS2106 Road maintenance, repairs - county,
planning new interlocal activities andmun.  $20  million
evaluating the feasibility of shared service
programs.Executive Order 88.2.13 EncourageA3502 Concerns South New Jersey Light Rail
local governments and school districts toTransit  system
make greater use of public-private efforts
and the services available from non-profitAR147 Local participation in RR Operations
organizations to help develop and implementAct
regional and shared service efforts.(No law,
regulation or bill has been forthcoming).2.14AR157 Mass transit - DOT alleviate
Establish a statutory budget cap exemptioncongestion
for interlocal service agreements. Provide a
positive cap base adjustment to reflect aS239 Expands definition of Circle of
fixed amount of the interlocal appropriationMobility
as an inducement to establish shared service
programs.(No law, regulation or bill has beenA1189 Creates  Local  Bond  Authority
forthcoming).2.15 Revise the local budget law
to permit budget transfers at any time duringA3010 Amends definition of Circle of
the budget year to fund new interlocalMobilityB. Laws EnactedP.L. 1999,
service agreements.(No law, regulation orc.181 Bridge Rehabilitation and Improvement
bill has been forthcoming).2.16 Assume theBond  Act
costs of the county prosecutors' offices and
the costs of providing court facilities,P.L. 1999, c.147 Increase spending cap for
including construction costs.S-505 of 00-01,the  Transportation  Trust  Fund  Authority
Requires State to reimburse counties for
costs of county prosecutors offices.A-1360 ofP.L. 2000, c. 11 Appropriates $205 million
00-01, State assumption of countyfrom 1999 Statewide Transportation and Local
prosecutorial office costs.S-2220 and A-3450Bridge  Fund
of 00-01, Creates the judicial and
prosecutorial facilities constructionP.L. 2000, c.59 Expands definition of Circle
assistance act.2.17 Permit additionalof  Mobility
membership representation from participants
in joint meetings established under theP.L. 2000, c.73 Congestion Relief and
Consolidated Municipal Services Act, N.J.S.A.Transportation  Trust  Fund  Renewal  Act
40:48B.P.L.1999, c.58, Facilities
consolidation of municipalities and municipalP.L. 2000, c.155 Appropriates $205 million
services.2.18 Condition financial assistancefrom 1999 Statewide Transportation and Local
or State aid upon participation in shared orBridge  Fund
regional service activities.P.L.1999, Chapter
156, Concerns special municipal aid andP.L. 2000, c.53 FY 2001 Appropriations Act;
extraordinary municipal aid and conditionsappropriates $900 million from
aid, in part, on a municipality's opting forTransportation Trust Fund for various
shared or regionalized services.2.19 AmendState  and  local  transportation projects
the Municipal Consolidation Act to reduce the
number of petition signatures.P.L.1999,P.L. 1999, c.138 FY 2000 Appropriations Act;
Chapter 58, implements recommendations ofappropriates $900 million from
Property Tax Commission.2.20 Amend theTransportation Trust Fund for various
Municipal Consolidation Act to permit theState  and  local  transportation projects
creation of a municipal consolidation study
commission by ordinance of the localP.L. 1998, c.45 FY 1999 Appropriations Act;
governing bodies without the need for aappropriates $700 million from
ratifying referendum in eachTransportation Trust Fund for various
municipalityP.L.1999, Chapter 58, implementsState  and  local  transportation projects
recommendations of Property Tax
Commission.2.21 Amend the MunicipalP.L. 1997, c.131 FY 1998 Appropriations Act;
Consolidation Act to lengthen the timeappropriates $900 million from
allotted for filing the study commission'sTransportation Trust Fund for various
final report to at least no later than LaborState and local transportation projects4.8
Day (rather than nine months after theSupport a stable source of funding for open
election of the consolidation studyspace and farmland preservation.On November
commission). Consideration should be given to3, 1998, New Jersey's voters passed Public
provide for a permissive extension (up to aQuestion No. 1. Article 8, Sec. 2. para. 7
maximum of one year), if desired by theof State Constitution dedicates $98 million
commission.P.L.1999, Chapter 58, implementsin sales tax revenues for open space,
recommendations of Property Taxfarmland, and historic preservation.Chapter
Commission.2.22 Eliminate the commission'sV5.1 Establish a county-based assessment
six month preliminary report and thestructure with strong State oversight and
Department of Community Affairs' eight monthinvolvement to provide an environment
evaluative review of that report.P.L.1999,conducive to ongoing assessment equity.(No
Chapter 58, implements recommendations oflaw, regulation or bill has been
Property Tax Commission.Chapter III3.1forthcoming).5.2 Mandate more frequent
Implement the recommendations of the Newupdates of assessment values by requiring
Jersey Regionalization Advisory Panel'sassessors to use State-approved computer
January, 1998 report.(No law, regulation orsoftware.(No law, regulation or bill has been
bill has been forthcoming).3.2 Revise theforthcoming). However, see A-641 and S-995
funding mechanism for regional schoolof 00-01, that creates a "Task Force to
districts to eliminate cost inequities andStudy the Computer-Assisted Mass Appraisal of
permit equal sharing of the benefits and costReal Property; appropriates $100,000.5.3
savings possible from regionalization.A-511Establish a schedule for property
and S-128 of 00-01, Provides supplementalvisitation.(No law, regulation or bill has
State aid to certain regional school districtbeen forthcoming).5.4 Improve guidelines for
constituent municipalities to offset any taxassessment uniformity.(No law, regulation or
increase associated with regionalization.3.3bill has been forthcoming).5.5 Create a
Direct the Commissioner of Education toState-funded program to absorb increases in
develop a program to maintain and enhancethe local property tax burden for a fixed
local control of individual schools whenperiod of time.(No law, regulation or bill
districts regionalize.(No law, regulation orhas been forthcoming).5.6 Guarantee the
bill has been forthcoming).3.4 Keep authoritypromised State incentive funding for the full
and control over certain school-relatedfive-year period, once local units agree to
functions now exercised by the local boardsmerge.(No law, regulation or bill has been
of education at the sub-regional level whenforthcoming).5.7 Provide State funding to
school districts regionalize.(No law,"hold harmless" local units that experienced
regulation or bill has been forthcoming).3.5a reduction in overall State aid funding as a
Direct the Commissioner of Education toresult of the consolidation.(No law,
develop regional and shared service modelsregulation or bill has been forthcoming).5.8
for administrative and supportRequire municipalities participating in
functions.Executive Order 88.3.6 Conductmergers to conduct and complete a revaluation
studies to identify and develop models ofprior to consolidation.(No law, regulation or
shared administrative and managementbill has been forthcoming).5.9 Provide State
positions.Executive Order 88.3.7 Help thefunding of the revaluation relief credits
county superintendents' offices facilitatethat municipalities are permitted to offer
efforts to implement inter-district and jointproperty taxpayers under the Revaluation
pupil transportation services.(No law,Relief Act of 1993.(No law, regulation or
regulation or bill has been forthcoming).3.8bill has been forthcoming).5.10 Use financial
Direct the Department of Education and theincentives and disincentives to encourage
Department of Community Affairs to workparticipation when there is only a small
jointly to encourage interlocal effortsdiscrepancy between taxpayer assessments and
between school districts andcurrent market values.(No law, regulation or
municipalities.Executive Order 88.3.9bill has been forthcoming).Chapter VI6.1 Fund
Research and study current use of shared andan independent statewide analysis of the
regional approaches to general education andequity issues surrounding "circuit breakers"
administrative services by local districts toestablished along intergenerational lines and
identify suitable models.Executive Orderwithhold new programs until completion of
88.3.10 Help increase parents' and residents'that study. (No law, regulation or bill has
involvement in the educational process andbeen forthcoming).6.2 Enact Governor
the affairs of neighborhood schools.(No law,Whitman's proposed legislation that would
regulation or bill has beenmove local school board member elections to
forthcoming).Chapter IV4.1 Prepare athe November general election.A-1721 of 2000,
guidebook for municipalities and counties toProvides for the election of school board
determine the true costs and benefits ofmembers at November general election.6.3
development, including an "Economic AnalysisAmend state law (C. 40A:10-52) to remove the
Worksheet" and techniques forbarrier prohibiting municipalities and school
implementation.(No law, regulation or billdistricts from joining together for the
has been forthcoming).4.2 Provide planningpurpose of providing joint health
board members with tools for understandinginsurance.(No law, regulation or bill has
the costs and benefits of development andbeen forthcoming).6.4 Extend the open
land preservation and provide financial andenrollment period indefinitely for
technical assistance to strengthen localmunicipalities wishing to enter the State
planning.(No law, regulation or bill has beenHealth Benefits Program (SHBP).(No law,
forthcoming).4.3 Enable municipalities toregulation or bill has been forthcoming).6.5
enact "timed growth" ordinances that advanceDevelop a mechanism which permits and
the State Plan, as a tool to control propertyencourages adjacent municipalities to share
taxes.A-426 and S-601 and A-3269 of 00-01,the ratables derived from new development
Authorizes timed-growth ordinances underwith regional impacts beyond the borders of
"Municipal Land Use Law."A-3269 and S-496 ofthe host municipality.(No law, regulation or
00-01, Authorizes adoption of timed-growthbill has been forthcoming).6.6 Enact
ordinances by municipalities.4.4 Support thelegislation that will establish a system of
use of impact fees to mitigate the cost ofmultiple jurisdictional bargaining for public
new development by providing additionalemployees on a county, regional, or statewide
revenue for schools, emergency services, andbasis.(No law, regulation or bill has been
parks in areas that promote compactforthcoming).6.7 Enact legislation that will
development.A-1712 of 00-01, Authorizeslimit the annual growth in public employee
assessment of development impact fees bysalaries to the rate of inflation as measured
municipalities.4.5 Support the State Plan'sby the consumer price index for the New York
use by municipalities, counties, and Stateand Philadelphia areas.(No law, regulation or
agencies as a means of holding down propertybill has been forthcoming).6.8 Examine the
taxes.(No law, regulation or bill has beeneffectiveness of existing caps on budgets
forthcoming), but DCA indicates it supportsthat contribute to property taxes.(No law,
the State Plan's use by municipalities,regulation or bill has been forthcoming).6.9
counties, and State agencies as a means ofExamine the question of seeking voter
holding down property taxes.4.6 Amend Councilapproval of all budgets that contribute to
on Affordable Housing (COAH) regulations toproperty taxes.ACR-80 of 2000, Proposed
ensure that practices do not initiate aconstitutional amendment requiring voter
development cycle or a ratables chase. Forapproval for any new tax or tax increase by
the next allocation cycle, develop COAHany governmental unit.Biography: Gerald
formula consistent with the State Plan.(No'Jerry' Dowgin "The Property Tax Doctor" and
law, regulation or bill has beenthe author of the Homeowner's Assessment
forthcoming).4.7 Support state funding forReview Guide ( a former tax assessor worked
transportation, including mass transit, thatin the field of public finance at the State
meets local and regional needs.A. Billsand local levels in New Jersey for more than
Introduced1998-1999 session:A 2330 Motorthree decades until his retirement in 2001.
fuels tax, increase for transportationAs a Supervising Tax Analyst in the Office
purposesof Research and Statistics in the Division of
Taxation in the New Jersey Department of
A 2404 Petroleum gross receipt tax -Treasury he worked principally on local
Transportation  Trust  Fundproperty tax issues. Then he joined the
Office of Legislative Services (OLS) in 1983
ACR96 Motor vehicle fuels tax - dedicate forand served as the Secretary to the New Jersey
transportation  fundingProperty Tax Assessment Study Commission for
four years. While working in the OLS, Local
ACR124 Transportation funding - dedicate 1/2Government Section he researched, drafted,
cent  sales  taxand estimated the cost of the Senior Property
Tax Freeze Bill which was signed onto law and
S1255 Motor fuels tax, increase forworked on legislation that became law that
transportation  purposesvirtually stopped the tax assessment practice
of "Spot Assessments" in New Jersey that had
SCR64 Motor vehicle fuels tax - dedicate fortreated many property taxpayers unfairly.



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