[Second Reprint]

SENATE, No. 437

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senator RICE

An Act concerning payments in lieu of taxes for certain New Jersey Transit Corporation property and amending P.L.1979, c.150.

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

    1. Section 16 of P.L.1979, c.150 (C.27:25-16) is amended to read as follows:

    16. The exercise of the powers granted by this act shall be in all respects for the benefit of the people of the State, and since the improvement, operation, and maintenance of public transportation services by the corporation constitute the performance of essential governmental functions, neither the corporation nor any wholly owned business corporation or other entity shall be required to pay taxes or assessments upon any public transportation project or any property acquired or used under the provisions of this act, including but not limited to, sales taxes, real property taxes or assessments, corporate franchise taxes or income taxes.

    Because of the special nature of such property, the leasing for private use of a part of a structure that is part of any property whose primary use is as a public transportation passenger facility and which is located within an area ²that has been determined to be an area² in need of rehabilitation ²[, as defined in section 2 of] pursuant to² P.L.1977, c.12 (C.54:4-3.96), shall not serve to remove the tax exemption of the corporation for the leased portion of the property, and shall not subject the lessee to taxation, the provisions of chapter 29A of Title 54 of the Revised Statutes and P.L.1949, c.177 (C.54:4-2.3 et seq.) notwithstanding.

    However, any property owned by the corporation or any wholly owned business corporation or other entity shall be considered "State" property as defined in P.L.1977, c.272 (C.54:4-2.2a), and shall be subject to the in lieu tax payments provided in that act.

    In order that municipalities not suffer the loss of taxes by reason of the acquisition of property during 1980 by the corporation or any wholly owned business corporation or other entity under the provisions of this act, the corporation shall pay annually in two installments, May 1 and November 1, to each municipality, beginning in tax year 1981, a sum equal to the taxable value of the property, as determined for the tax year 1981,multiplied by the 1981 general tax rate for the municipality where the property is located. ²[However, when the property owned by the corporation within a municipality comprises 10 acres or more, and that property would represent 2% or more of the municipal tax base if it were subject to taxation, the tax assessor shall file with the county board of taxation in each year, with the assessment list, a certification that the area of such property comprises 10 acres or more, and the property would represent 2% or more of the municipal tax base if it were subject to taxation. The certification shall also contain] However, beginning with any assessment list filed on or after the effective date of P.L. , c. (C.            )(now pending before the Legislature as this bill), the tax assessor of a municipality shall include with the assessment list filed with the county board of taxation each year² a brief description of ²[the]² property ²located in the municipality that was acquired during 1980² and a statement of the value of the property as it is valued on the list of exempt property. The county board of taxation shall, as soon as is practicable after receiving ²[such a certification] the description of such property² from a municipality, estimate the sum of money which the municipality would have derived during the year as tax revenue for local purposes for such ¹[lands]property¹ if ¹[those lands] ²[such]the² property¹ were not exempt from taxation, and shall forthwith certify the amount to the clerk of the municipality. The clerk of the municipality shall forward the certification to the New Jersey Transit Corporation, and the corporation shall annually pay that sum to the municipality, in two equal installments, on May 1 and November 1.

    Moreover, the corporation is hereby authorized and empowered, in its discretion, to enter into a voluntary agreement or agreements with any county or municipality, whereby it will undertake to pay an additional fair and reasonable sum or sums annually in connection with any property used primarily as a public transportation passenger facility, a portion of which is leased for private use, which is located within an area ²that has been determined to be an area² in need of rehabilitation, ²[as defined in section 2 of] pursuant to² P.L.1977, c.12 (C.54:4-3.96).

    Nothing in this subsection shall deprive any municipality of replacement revenues that it would otherwise receive pursuant to sections 19 through 24 of P.L.1966, c.139 (C.54:29A-24.1 et seq.) ²or pursuant to a consolidated municipal aid program that includes payments to municipalities for such replacement revenue².

(cf: P.L.1981, c.560, s.1)

    2. This act shall take effect immediately.

Increases payments in lieu of taxes for certain real property owned by the New Jersey Transit Corporation.