SENATE, No. 183

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator RICE

 

 

An Act concerning revaluations of real property and amending P.L.1993, c.101.

 

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

 

    1. Section 3 of P.L.1993, c.101 (C.54:1-35.41) is amended to read as follows:

    3. As used in this act:

    a. "Base year" means the tax year immediately preceding the revaluation year;

    b. "Constant rate factor" means the result obtained by dividing the total tax levy for a municipality, excluding any special district tax levies, for the base year by the net valuation taxable for that municipality for the revaluation year, as both are listed in the Abstract of Ratables and Exemptions compiled from the Table of Aggregates prepared for the municipality pursuant to R.S.54:4-52;

    c. "Director" means the Director of the Division of Taxation in the Department of the Treasury;

    d. "Eligible property" means any parcel of real property containing a building or structure and located within an area declared in need of rehabilitation pursuant to this act in a municipality in which the director and municipal governing body have determined to implement a revaluation phase-in program, and for which the net assessed valuation of that parcel after exemptions and abatements as it appears on the assessor's duplicate for the revaluation year is scheduled to increase from the value as it appeared on the assessor's duplicate for the base year at a ratio equal to or greater than the total ratio change in net valuation taxable of that municipality for the revaluation year;

    e. "Revaluation" means the revaluation of all real property within the corporate boundaries of a municipality, performed under a contract


approved by the director pursuant to P.L.1971, c.424 (C.54:1-35.35 et seq.);

    f. "Revaluation relief credit" means an exemption equivalent to the amount deducted from the tax liability of an eligible property, as part of a revaluation phase-in program, which exemption amount also may be granted as a rebate equal to an amount of up to 75% of the exemption equivalent less the administrative cost pursuant to subsection c. of section 7 of P.L.1993, c.101 (C.54:1-35.45);

    g. "Revaluation impact study" means a calculation of the difference between the tax liability for each parcel of real property situated within the municipality for the revaluation year without benefit of a revaluation phase-in credit, and that liability for the base year, and the average of all the differences within appropriate groupings of those parcels, which study is conducted under procedures established by the director and is reviewed and certified by the director;

    h. "Revaluation management analysis" means a revaluation impact study and a revaluation phase-in analysis;

    i. "Revaluation phase-in analysis" means a calculation of the increase in the tax liability for each parcel of eligible property within a municipality between the base year and the revaluation year after application of the constant rate factor, minus the revaluation relief credit the municipality is authorized to allow for that property for each of the three years of a revaluation phase-in program provided for by this act, and the average of all such calculations within such groupings of those parcels as appropriate which study is conducted under procedures established by the director and is reviewed and certified by the director;

    j. "Revaluation phase-in program" means the provision of revaluation relief credits by a municipality for eligible properties pursuant to this act;

    k. "Revaluation year" means the first tax year in which the tax liability of real property within a municipality is determined, pursuant to chapter 4 of Title 54 of the Revised Statutes, on the basis of assessed valuations of the property established by a revaluation within that municipality; and

    l. "Area in need of rehabilitation" means a municipality or a portion of a municipality in which at least 60% of the housing units are at least 30 years of age; or which has been determined to be an area in need of rehabilitation or redevelopment pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) or a "blighted area" as determined pursuant to the Blighted Area Act, P.L.1949, c.187 (C.40:55-21.1 et seq.); or which has been determined to be in need of rehabilitation pursuant to the "Five-Year Exemption and Abatement Law," P.L.1991, c.441 (C.40A:21-1 et seq.), P.L.1975,


c.104 (C.54:4-3.72 et seq.), P.L.1977, c.12 (C.54:4-3.95 et seq.), or P.L.1979, c.233 (C.54:4-3.121 et al.).

(cf: P.L.1993, c.101, s.3)

 

    2. Section 7 of P.L.1993, c.101 (C.54:1-35.45) is amended to read as follows:

    7. a. As soon as the tax duplicate is delivered to the collector of the municipality, the collector shall proceed with the work of preparing, completing, mailing or otherwise delivering tax bills to the individuals assessed pursuant to R.S.54:4-64 and R.S.54:4-66.

    b. The tax bill shall be in a form prescribed by the Director of the Division of Local Government Services in the Department of Community Affairs, after consultation with the director, and shall include, in addition to such other information as may be required by law, rule or regulation, notification that the local municipal purposes tax rate for the municipality includes a rate to support the revaluation phase-in program. The bill shall also indicate the amount of the revaluation relief credit the taxpayer received for his eligible property.

    c. In the alternative to subsection a. of this section the municipal governing body may require the collector to send out tax bills based on the revised tax list without indication of the revaluation relief credit to which eligible properties are entitled, as determined by the county board of taxation pursuant to subsection b. of section 6 of P.L.1993, c.101 (C.54:1-35.44). The amount of the revaluation relief credit allowed for an eligible property shall be paid by the municipality through rebate checks issued on or before the end of that tax year.

(cf: P.L.1993, c.101, s.7)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends the "Revaluation Relief Act of 1993," P.L.1993, c.101 (C.54:1-35.41 et seq.) by adding a provision permitting municipalities the option to grant revaluation relief credits to eligible properties through the use of a property tax rebate mechanism rather than through the current property tax credit mechanism.

 

 

 

Permits municipality to use rebates to phase in property tax revaluation.