Bill Text: NJ A1402 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires payment to municipality for use of municipal services by for-profit lessee of property owned by county or county improvement authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Housing and Local Government Committee [A1402 Detail]
Download: New_Jersey-2012-A1402-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires payment to municipality for use of municipal services by for-profit lessee of property owned by county or county improvement authority.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain leases of real property owned by counties or county improvement authorities and supplementing chapter 12 of Title 40A of the New Jersey Statutes and chapter 37A of Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) Notwithstanding the provisions of any law to the contrary, a for-profit entity that is a lessee operating on county-owned land on the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall enter into negotiations with the municipality in which the county-owned land is situate for an annual payment by the for-profit entity to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. Not more than 30 days after the completion of negotiations, the lessee shall make such payment to the municipality. The annual payment required by this section shall not be less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
(2) Any lease between a for-profit entity and a county for the operation of a for-profit enterprise on county-owned land entered into after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall contain a provision requiring the payment by the for-profit entity for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment required by this section shall not be less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
b. (1) With respect to a parcel of real property obtained by the county through the condemnation process, a for-profit entity that is a lessee operating on such county-owned land on the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall enter into negotiations with the municipality in which the county-owned land is situate for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. Not more than 30 days after the completion of negotiations, the lessee shall make such payment to the municipality. The annual payment required by this section shall not be less than the amount of the condemnation price paid by the county for the real property multiplied by the current year municipal purposes tax rate.
(2) Any lease between a for-profit entity and a county for the operation of a for-profit enterprise on county-owned land obtained through the condemnation process entered into after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall contain a provision requiring the payment by the for-profit entity for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment required by this section shall not be less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
2. a. (1) Notwithstanding the provisions of any law to the contrary, a for-profit entity that is a lessee operating on land owned by a county improvement authority on the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall enter into negotiations with the municipality in which the land owned by the county improvement authority is situate for an annual payment by the for-profit entity to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. Not more than 30 days after the completion of negotiations, the lessee shall make such payment to the municipality. The annual payment required by this section shall not be less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
(2) Any lease between a for-profit entity and a county improvement authority for the operation of a for-profit enterprise on land owned by the county improvement authority entered into after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall contain a provision requiring the payment by the for-profit entity for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment required by this section shall not be less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
b. (1) With respect to a parcel of real property obtained by the county improvement authority through the condemnation process, a for-profit entity that is a lessee operating on such county-owned land on the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall enter into negotiations with the municipality in which the county-owned land is situate for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. Not more than 30 days after the completion of negotiations, the lessee shall make such payment to the municipality. The annual payment required by this section shall not be less than the amount of the condemnation price paid by the county for the real property multiplied by the current year municipal purposes tax rate.
(2) Any lease between a for-profit entity and a county for the operation of a for-profit enterprise on county-owned land obtained through the condemnation process entered into after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall contain a provision requiring the payment by the for-profit entity for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment required by this section shall not be less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
3. Any municipal service fee received by a municipality pursuant to sections 1 or 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be used to reduce the amount the municipality is required to raise by local property tax levy for municipal purposes, notwithstanding the provisions of any law to the contrary. If the Director of the Division of Local Government Services in the Department of Community Affairs finds that the municipal service fees collected pursuant to sections 1 or 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) are not used by a municipality solely and exclusively to reduce the amount required to be raised by local property tax levy for municipal purposes, then the director shall direct that the municipal governing body make corrections to its budget.
4. This act shall take effect immediately and shall apply to leases in effect on, or entered into after, the effective date of this act.
STATEMENT
This bill requires that a for-profit entity that is a lessee operating on land owned by a county or county improvement authority on or after the effective date of the bill must make an annual payment to the municipality representing the cost of ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment is to be not less than the amount of real property taxes for municipal purposes payable on the real property at the last time such real property taxes were due to the municipality on such real property.
With respect to a parcel of real property obtained by a county or county improvement authority through the condemnation process, the annual payment required must not be less than the amount of the condemnation price paid for the real property multiplied by the current year municipal purposes tax rate.
Any funds received by a municipality pursuant to the bill must be used to reduce the amount the municipality is required to raise by local property tax levy for municipal purposes.
