Bill Text: NJ A2165 | 2020-2021 | Regular Session | Introduced
Bill Title: Permits up to seven dollar increase in surcharge for document recordation with county in support of county homelessness housing trust funds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Housing Committee [A2165 Detail]
Download: New_Jersey-2020-A2165-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
SYNOPSIS
Permits up to seven dollar increase in surcharge for document recordation with county in support of county homelessness housing trust funds
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act permitting an increase in the surcharge amount that may be applied to certain documents recorded with a county in order to support county homelessness housing trust funds, and amending N.J.S.22A:4-17.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.22A:4-17 is amended to read as follows:
22A:4-17. a. All fees, costs, allowances, percentages and other perquisites of whatever kind which surrogates, county clerks in their several capacities, registers of deeds and mortgages, and sheriffs or persons employed in their offices are entitled to charge and receive for any official acts or services they may render shall be for the sole use of the county and shall be accounted for regularly to the county treasurer; however, such monies shall be utilized to increase the salaries of surrogates, county clerks, registers of deeds and mortgages and sheriffs, except as provided in section 6 of P.L.2001, c.370 (C.22A:4-8.1), section 7 of P.L.1985, c.422 (C.22A:4-17.1) and section 4 of P.L.1988, c.109 (C.22A:4-17.2).
Such accounting shall be made on or before the fifteenth day of each month on form blanks supplied by the county treasurer. The statement of account shall clearly set forth all sums charged or taxed or which shall have accrued or become payable during the preceding month. Such statements shall be made under oath and filed in the office of the county treasurer as public records.
Such statements when received by the county treasurer shall be forthwith audited by the county auditor or other proper officer.
On or before the twentieth day of each month surrogates, county clerks, registers of deeds and mortgages, and sheriffs shall pay over the amount of such fees and moneys to the county treasurer and such officers shall be personally liable to the county for such fees and moneys.
The penalty for each day's neglect to file the required statement of account or to pay over such moneys shall be one hundred dollars ($100.00) to be recovered in the name of the board of chosen freeholders of the county in a civil action in the Superior Court, and said officers may also be proceeded against by proceeding in lieu of prerogative writ.
b. (1) In addition to the
fees authorized in N.J.S.22A:4-4.1, and except as provided in paragraph (2) of
this subsection, [upon] pursuant
to a resolution or ordinance of the county governing body, as appropriate,
a surcharge of not less than three dollars but not more than 10 dollars
shall be charged for each document recorded, which will be in addition to any
other charge allowed by law.
The county treasurer shall deposit the surcharges so collected into a fund that shall be used by the county to accomplish the purposes of P.L.2009, c.123 (C.52:27D-287a et al.). This fund shall be known as the "County Homelessness Housing Trust Fund." Five percent of the fund may be used annually by the county for administrative costs related to administration of the fund and the grant program established pursuant to P.L.2009, c.123 (C.52:27D-287a et al.), and the remainder only for homelessness housing programs as described in P.L.2009, c.123 (C.52:27D-287a et al.).
(2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.
(cf: P.L.2009, c.123, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill increases the amount of a surcharge that may be applied to documents recorded with a county, in support of the county's Homelessness Housing Trust Fund.
Under present law, a county governing body may adopt a resolution or ordinance that levies a surcharge of three dollars on documents to be recorded with the county. The funds collected from this surcharge are then placed in a homelessness prevention trust fund and dedicated towards local government programs that address the problem of homelessness. This bill would expand the amount of the surcharge that may be levied by the county for this purpose.
Under this bill, when a county governing body adopts a resolution or ordinance to allow for a homelessness trust fund surcharge, the resolution or ordinance would set the amount of the surcharge. The county governing body would have discretion to set this amount, but it would be at least three dollars and at most 10 dollars. A subsequent resolution by the county governing body would be necessary to revise the amount of the surcharge.
Homelessness is a persistent and devastating problem that continues to affect counties and families throughout New Jersey. Local governments have authority to create homelessness trust funds in an effort to alleviate this problem, devise workable solutions, and improve the lives of many individuals. By increasing the amount of funds collected for this purpose, this bill provides greater flexibility and resources to counties in order to address homelessness head-on.
