Bill Text: NJ A2940 | 2018-2019 | Regular Session | Introduced
Bill Title: Authorizes local option tax on seller of billboard advertising space.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly State and Local Government Committee [A2940 Detail]
Download: New_Jersey-2018-A2940-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Authorizes local option tax on seller of billboard advertising space.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing municipalities to impose an outdoor advertising fee and supplementing chapter 48F of Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The governing body of a municipality may adopt an ordinance imposing a fee at a uniform percentage rate not to exceed 2% on the gross amounts collected by a retail seller for advertising space on an outdoor advertising sign. The fee shall be imposed directly on the retail seller of the advertising space.
b. A fee imposed under this section shall be in addition to any other fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the gross amounts collected by a retail seller for advertising space on an outdoor advertising sign.
c. A copy of an ordinance adopted pursuant to this section shall be transmitted upon adoption or amendment to the State Treasurer. An ordinance so adopted or any amendments thereto shall provide that the fee provisions of the ordinance or any amendment to the fee provisions shall take effect on the first day of the fourth month next following after the date of final adoption and transmittal to the State Treasurer.
d. For the purposes of section 1 through 3 of P.L. , c. (C. ) (pending before the legislature as this bill) the terms outdoor advertising sign, gross amounts collected by a retail seller for advertising space on an outdoor advertising sign, and retail seller shall have the meaning provided by subsection b. of section 1 of P.L.2003, c.124 (C.54:4-11.1).
e. The State Treasurer may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.
2. A retail seller required to pay a fee imposed by an ordinance adopted pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall report and pay to the Director of the Division of Taxation on a quarterly basis, in a manner to be prescribed by the director, the fee owed on the gross amount collected for billboard advertising space in the preceding period and make and file a return for that preceding period with the director on any form and containing any information as the director shall prescribe as necessary to determine liability for the fee on the gross amount collected for that period.
3. The Director of the Division of Taxation in the Department of the Treasury shall collect and administer any fee imposed pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). In carrying out the provisions of this section, the director shall have the powers granted in P.L.2003, c.124 (C.54:4-11.1).
The director shall determine and certify to the State Treasurer on a quarterly basis or other basis, as prescribed by the State Treasurer, the amount of revenues determined and certified under this section with respect to every municipality that imposes an outdoor advertising fee pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The State Treasurer, upon the certification of the director and upon the warrant of the State Comptroller, shall pay and distribute on a quarterly or more frequent basis, as prescribed by the State Treasurer, to each municipality the amount of revenues determined and certified under this section.
A fee imposed pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be governed by the provisions of the "State Uniform Tax Procedure Law," R.S.54:48-1 et seq.
4. This act shall take effect immediately.
STATEMENT
This bill authorizes the governing body of a municipality to impose a fee not to exceed 2% of the gross amounts collected by a retail seller for billboard advertising space located within the municipality. The fee would be collected by the retail seller for remittance to the Director of the Division of Taxation. The director shall certify to the State Treasurer the amount collected from all the municipally imposed billboard fees so that the Treasurer may remit back the collected fees to the appropriate municipality from which the fees had originated.
