Bill Text: NJ S1068 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires payment to municipality for use of municipal services by for-profit lessee of property owned by county or county improvement authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1068 Detail]
Download: New_Jersey-2010-S1068-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Requires payment to municipality for use of municipal services by for-profit lessee of property owned by county or county improvement authority.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain leases of real property owned by counties or county improvement authorities and supplementing chapters 4 and 12 of Title 40A of the New Jersey Statutes and chapter 37A of Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law to the contrary, a for-profit entity that is a lessee operating on county-owned land on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall enter into negotiations with the municipality in which the county-owned land is situate for an annual payment by the for-profit entity to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. Not more than 30 days after the commencement of a lease renewal or the commencement of a new lease between the entity and the county, the lessee shall make such payment to the municipality. The annual payment required by this section shall reflect the cost of all ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity.
b. Any lease between a for-profit entity and a county for the operation of a for-profit enterprise on county-owned land entered into after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall contain a provision requiring the payment by the for-profit entity for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment required by this section shall reflect the cost of all ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity.
2. a. Notwithstanding the provisions of any law to the contrary, a for-profit entity that is a lessee operating on land owned by a county improvement authority on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall enter into negotiations with the municipality in which the land owned by the county improvement authority is situate for an annual payment by the for-profit entity to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. Not more than 30 days after the commencement of a lease renewal or the commencement of a new lease between the entity and the county improvement authority, the lessee shall make such payment to the municipality. The annual payment required by this section shall reflect the cost of all ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity.
b. Any lease between a for-profit entity and a county improvement authority, for the operation of a for-profit enterprise on land owned by the county improvement authority entered into after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall contain a provision requiring the payment by the for-profit entity for an annual payment to the municipality representing the ready and available cost of all municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The annual payment required by this section shall reflect the cost of all ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity.
3. Any municipal service fee received by a municipality pursuant to sections 1 or 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be used to reduce the amount the municipality is required to raise by local property tax levy for municipal purposes, notwithstanding the provisions of any law to the contrary. If the Director of the Division of Local Government Services in the Department of Community Affairs finds that the municipal service fees collected pursuant to sections 1 or 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) are not used by a municipality solely and exclusively to reduce the amount required to be raised by local property tax levy for municipal purposes, then the director shall direct that the municipal governing body make corrections to its budget.
4. This act shall take effect immediately and shall apply to leases in effect on, or entered into after, the effective date of this act.
STATEMENT
This bill would require a for-profit entity that is a lessee operating on land owned by a county or county improvement authority on the effective date of the bill to negotiate an annual payment to the municipality within which the land is situate representing the cost of ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity. The first annual payment would be made within 30 days of the commencement of a lease renewal or the commencement of a new lease between the lessee and the county or county improvement authority commencing after the effective date of this bill.
With regard to leases entered into after the effective date of this bill between a county or county improvement authority and a for-profit entity to operate on land owned by a county or county improvement authority, the bill would require that the lease contain a provision requiring the lessee to make an annual payment to the municipality within which the land is situate representing the cost of ready and available municipal services, including but not limited to fire, police and public works, that is attributable to the entity and the customers of the entity.
Any funds received by a municipality pursuant to the bill would be required to be used to reduce the amount the municipality is required to raise by local property tax levy for municipal purposes.
