SCR77

A Concurrent Resolution proposing to amend Article VIII, Section I, paragraph 4 of the Constitution of the State of New Jersey.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

Amend Article VIII, Section I, paragraph 4 to read as follows:

4. The Legislature may, from time to time, enact laws granting an annual deduction, from the amount of any tax bill for taxes on the real property, and from taxes attributable to a residential unit in a cooperative or mutual housing corporation, of any citizen and resident of this State of the age of 65 or more years, or any citizen and resident of this State less than 65 years of age who is permanently and totally disabled according to the provisions of the Federal Social Security Act, residing in a dwelling house owned by him which is a constituent part of such real property, or residing in a dwelling house owned by him which is assessed as real property but which is situated on land owned by another or others, or residing as tenant-shareholder in a cooperative or mutual housing corporation[, but no such]. The deduction shall be [in excess of] $160.00 with respect to any year prior to 1981, $200.00 per year in 1981, $225.00 per year in 1982, and $250.00 per year in 1983 and in any year through 2009, and $500 in tax year 2010 and in any year thereafter, and such deduction shall be restricted to owners having an income not in excess of $5,000.00 per year with respect to any year prior to 1981, $8,000.00 per year in 1981, $9,000.00 per year in 1982, [and] $10,000.00 per year in years 1983 through 2009, and $20,437 per year in 2010, if single, or if married, an annual income combined with that of his or her spouse which is less than $25,058 in 2010. These 2010 amounts shall increase by the amount of the maximum Social Security benefit cost of living increase for single and married persons, respectively, in 2011 and any year thereafter[,]. Annual income shall be calculated exclusive of benefits under any one of the following:

a. The Federal Social Security Act and all amendments and supplements thereto;

b. Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in, or for persons excluded from coverage under, a. hereof including but not limited to the Federal Railroad Retirement Act and federal pension, disability and retirement programs; or

c. Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under a. hereof; provided, however, that the total amount of benefits to be allowed exclusion by any owner under b. or c. hereof shall not be in excess of the maximum amount of benefits payable to, and allowable for exclusion by, an owner in similar circumstances under a. hereof.

The surviving spouse of a deceased citizen and resident of the State who during his or her life received a deduction pursuant to this paragraph shall be entitled, so long as he or she shall remain unmarried and a resident of the same dwelling house situated on the same land with respect to which said deduction was granted, to the same deduction, upon the same conditions, with respect to the same real property or with respect to the same dwelling house which is situated on land owned by another or others, or with respect to the same cooperative or mutual housing corporation, notwithstanding that said surviving spouse is under the age of 65 and is not permanently and totally disabled, provided that said surviving spouse is 55 years of age or older.

Any such deduction when so granted by law shall be granted so that it will not be in addition to any other deduction or exemption, except a deduction granted under authority of paragraph 3 of this section, to which the said citizen and resident may be entitled, but said citizen and resident may receive in addition any homestead rebate or credit provided by law. The State shall annually reimburse each taxing district in an amount equal to one-half of the tax loss to the district resulting from the allowance of tax deductions pursuant to this paragraph.

(cf: Article VIII, Section I, paragraph 4 amended effective December 8, 1988)

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Attorney General, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (T) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (T) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO INCREASE SENIOR AND DISABLED PROPERTY TAX DEDUCTION
	YES	Shall the amendment to Article VIII, Section I, paragraph 4 of the Constitution, agreed to by the Legislature, which increases from $250 to $500 the annual amount of the property tax deduction for senior citizens and disabled persons for 2010 and for each year thereafter, and which also increases the income eligibility limits for single persons and married couples for 2010 to $20,437 for single persons and $25,058 for married couples, which amounts shall increase by the amount of the maximum Social Security benefit cost of living increase for single and married persons, respectively, in 2011 and in each year thereafter, be adopted?
		INTERPRETIVE STATEMENT
	NO	This proposed constitutional amendment would increase the annual property tax deduction provided to eligible senior citizens and disabled persons from the current $250 to $500 for 2010 and for each year thereafter. It would also increase the income eligibility limits for 2010 to $20,437 for single persons and $25,058 for married couples. These income limits would increase by the amount of the maximum Social Security benefit cost of living increase for single and married persons, respectively, for 2011 and for each year thereafter. The amount of this annual deduction and the corresponding income limits were last increased in 1983.

STATEMENT

If approved by the voters of the State, this proposed constitutional amendment would increase the annual property tax deduction provided to eligible senior citizens and disabled persons from the current $250 to $500 for 2010 and for each year thereafter. It would also increase the income eligibility limits for 2010 to $20,437 for single persons and $25,058 for married couples. These income limits would increase by the amount of the maximum Social Security benefit cost of living increase for single and married persons, respectively, for 2011 and for each year thereafter. The amount of this annual deduction, and the corresponding income limits, were last increased in 1983.