Bill Text: NJ S1807 | 2016-2017 | Regular Session | Introduced
Bill Title: Eliminates requirement that State reimburse municipalities for construction permit surcharge fee revenues foregone due to exemption for disabled veterans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-03-07 - Referred to Senate Budget and Appropriations Committee [S1807 Detail]
Download: New_Jersey-2016-S1807-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Eliminates requirement that State reimburse municipalities for construction permit surcharge fee revenues foregone due to exemption for disabled veterans.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State reimbursements for certain construction permit surcharge fee exemptions, amending P.L.1989, c.223, and repealing section 2 of P.L.2015, c.273.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.223 (C.52:27D-126e) is amended to read as follows:
1. a. Notwithstanding the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), or any rules, regulations , or standards adopted pursuant thereto, to the contrary, the governing body of any municipality which has appointed an enforcing agency pursuant to the provisions of section 8 of P.L.1975, c.217 (C.52:27D-126) may, by ordinance, provide that no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration , or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.
The ordinance may further provide that a disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration, or improvement which promotes accessibility to his own living unit.
For the purposes of this subsection, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to Title II of the federal Social Security Act (42 [U.S.C.416)] U.S.C. s.401 et seq.), or the federal Railroad Retirement Act of 1974 (45 [U.S.C.231 et seq.)] U.S.C. s.231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this paragraph "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
b. [(1)] Notwithstanding the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or any rules, regulations , or standards adopted pursuant thereto to the contrary, the governing body of any municipality which has appointed an enforcing agency pursuant to the provisions of section 8 of P.L.1975, c.217 (C.52:27D-126) shall not charge a person who has a service-connected disability declared by the United States Department of Veterans Affairs, or its successor, to be a total or 100% permanent disability that would entitle them to a property tax exemption under section 1 of P.L.1948, c.259 (C.54:4-3.30) or a spouse, parent, sibling, or guardian of the disabled veteran, a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to his own living unit.
[(2) A municipality that has granted an exemption from a construction permit surcharge fee or enforcing agency fee pursuant to paragraph (1) of this subsection may apply to the Department of Community Affairs, in accordance with rules and regulations promulgated by the Commissioner of Community Affairs for this purpose, for reimbursement of those exempt fees.]
(cf: P.L.2015, c.273, s.1)
2. Section 2 of P.L.2015, c.273 is repealed.
3. This act shall take effect immediately.
STATEMENT
This bill would eliminate the requirement in current law that the State reimburse municipalities for construction permit surcharge fee revenues foregone due to the exemption for 100% disabled veterans. The bill would also repeal the appropriation that would have funded those reimbursements. The reimbursement and appropriation are unnecessary because the nominal revenues that may be foregone due to the exemption may be covered by other construction permit fees that municipalities may impose.
