ASSEMBLY, No. 1356

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman STUHLTRAGER

 

 

An Act concerning State aid to certain municipalities and amending P.L.1991, c.184 and supplementing P.L.1940, c.4 (C.54:30A-16 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 25 of P.L.1991, c.184 (C.54:30A-24.3) is amended to read as follows:

    25. There shall be annually appropriated for apportionment and payment to municipalities pursuant to section 9 of P.L.1940, c.4 (C.54:30A-24), section 2 of P.L.1980, c.10 (C.54:30A-24.1), sections 12 and 13 of P.L.1940, c.5 (C.54:30A-60 and C.54:30A-61), section 4 of P.L.1980, c.11 (C.54:30A-61.1) [and] , section 19 of P.L.1991, c.184 (C.54:30A-61.2) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), an amount not less than[$685,000,000] $690,000,000, notwithstanding any other provision of law to the contrary and notwithstanding the amount of taxes paid by taxpayers pursuant to P.L.1940, c.4 (C.54:30A-16 et seq.), P.L.1940, c.5 (C.54:30A-49 et seq.) and P.L.1991, c.184 (C.54:30A-18.6 et al.).

(cf: P.L.1991, c.184, s.25)

 

    2. Section 26 of P.L.1991, c.184, (C.54:30A-61.3) is amended to read as follows:

    26. There shall be annually appropriated for apportionment and payment to municipalities pursuant to section 9 of P.L.1940, c.4 (C.54:30A-24), section 2 of P.L.1980, c.10 (C.54:30A-24.1), sections 12 and 13 of P.L.1940, c.5 (C.54:30A-60 and C.54:30A-61), section 4 of P.L.1980, c.11 (C.54:30A-61.1) [and] , section 19 of P.L.1991, c.184 (C.54:30A-61.2) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), an amount not less than[$685,000,000] $690,000,000, notwithstanding any other provision of law to the contrary and notwithstanding the amount of taxes paid by taxpayers pursuant to P.L.1940, c.4 (C.54:30A-16 et seq.), P.L.1940, c.5 (C.54:30A-49 et seq.) and P.L.1991, c.184 (C.54:30A-18.6 et al.).

(cf: P.L.1991, c.184, s.26)

 

    3. (New section) There is established in the Department of the Treasury for the purpose of providing State aid to qualifying municipalities a "Nuclear Impacted Municipal Tax Assistance Fund" to be administered by the State Treasurer. The sum of $5,000,000 shall annually be deposited into the fund from amounts appropriated pursuant to sections 25 and 26 of P.L.1991, c.184 (C.54:30A-24.3 and C.54:30A-61.3). All amounts deposited in the fund pursuant to law shall be distributed to qualifying municipalities pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this act).

 

    4. (New section) a. The State Treasurer shall, upon the warrant of the State Comptroller, annually pay to each qualifying municipality, on a per capita basis according to the most recent federal decennial census, a share of amounts annually deposited in the "Nuclear Impacted Municipal Tax Assistance Fund" and set aside for qualifying municipalities. For the purposes of this section and section 3 of P.L. , c. (C. ) (pending before the Legislature as this act) "qualifying municipality" means any municipality that is situate, in whole or in part, within a 10-mile radius of the site of a nuclear-powered electric generating facility containing at least three nuclear reactors, but shall not include any municipality wherein is located a nuclear-powered electric generating facility.

    b. Amounts paid to a qualifying municipality pursuant to subsection a. of this section shall be used solely and exclusively by the municipality for the purposes of reducing the amount the municipality is required to raise by local property tax levy for municipal purposes. In the event that the amount paid to a municipality pursuant to subsection a. of this section exceeds the amount required to be raised by local property tax levy for municipal purposes, the balance of the amount paid shall be used to reduce the amount the municipality is required to raise by local property tax levy for county purposes, notwithstanding the provisions of any law to the contrary. The Director of the Division of Local Government Services in the Department of Community Affairs shall certify that each qualifying municipality has complied with this subsection. If the director finds that the amount paid to a municipality pursuant to subsection a. of this act is not used by the municipality solely and exclusively to reduce the amount required to be raised by local property tax levy, the director shall direct that the municipal governing body make corrections to its budget.

 

    5. This act shall take effect immediately and shall be applicable to the State fiscal year next following enactment.

 

 

STATEMENT

 

    The purpose of this bill is to provide financial aid to certain municipalities in Salem and Cumberland counties that are heavily impacted by the Salem nuclear-powered electric generating facility. The aid is provided by increasing the amount annually appropriated for apportionment and payment to municipalities from total franchise and gross receipts tax revenues by $5 million and requiring that those additional monies be deposited into a "Nuclear Impacted Municipal Assistance Fund" for distribution, on a per capita basis, to qualifying municipalities. The bill defines a qualifying municipality as any municipality that is situate, in whole or in part, within a 10-mile radius of the site of a nuclear-powered electric generating facility containing at least three nuclear reactors, excluding any municipality containing a nuclear-powered electric generating facility within its boundaries. This bill does not increase franchise and gross receipts taxes.

    The qualifying municipalities under this bill are Stow Creek and Greenwich in Cumberland County, and Pennsville, Mannington, Salem, Elsinboro, and Quinton in Salem County. These municipalities would be required to use the assistance for the sole and exclusive purpose of reducing the amount the municipality is required to raise by local property tax levy for municipal and county purposes.

 

 

 

Creates "Nuclear Impacted Municipal Assistance Fund" to provide aid to municipalities surrounding Salem nuclear facility.