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The proposal
to call for a Citizens' Convention to address the issues
of property tax relief in New Jersey might not be the last,
but for now it is most certainly the best hope for meaningful
and consistent property tax relief.
The call for
a Citizens' Convention is focused exclusively on the need
to relieve the people of our State from our well-documented
over-reliance on property taxes to fund local governments
and schools. The property tax is universally regarded as
the most regressive source of revenue.
In this Legislative
Session, that call has found expression in companion bills,
A-5269 and S-2585, along with SCR-132 and ACR-25.
For too long,
the people of New Jersey have suffered from our over-reliance
on property taxes. For too long, they have seen the problem
studied by special commissions denied the power to effect
the changes they came to advocate. And for too long, has
blame for the burden been laid on the brows of municipal
officials, struggling to fund essential services in a system
that they did not create and that they cannot change.
The heavy property
tax burden in New Jersey makes businesses hesitate about
locating in New Jersey. The heavy property tax burden in
Nnew Jersey forces senior citizens, who have spent their
adult lives building a home in New Jersey and contributing
to their communities, to leave their families and friends
behind and to start a new life elsewhere. The heavy property
tax burden in New Jersey hurts our State and impairs the
ability of our local officials to govern effectively and
to provide necessary governmental services.
The New Jersey
State League of Municipalities convened a Special Committee
to study various reform proposals. After thoughtful consideration
and considerable discussion, the Committee, then Chaired
by Haddonfield Commissioner Jack Tarditi, unanimously agreed
on the need for a Citizens' Convention to address this chronic
problem. Only a Convention, such as that envisioned in A-5269
and S-2585 along with SCR-132 and ACR-25, could move reform
beyond the political logjam that inevitably blocks property
tax reform in the Legislature. It is impractical to consider
the value of a specific reform plan if that proposal is
doomed to inaction. The Citizens' Convention process provides
a vehicle that can actually deliver the promise of relief
to the people of our State.
That conclusion
was endorsed, by acclamation, by the League's Legislative
Committee. We are committed to this course, which was originally
conceived by Former State Senator Bill Schluter and Senator
John Adler. The new effort is now championed in legislation
sponsored by Senator Shirley Turner and by Assembly Majority
Leader Joe Roberts and Assemblywoman Linda Greenstein.
The sponsors
have given convention delegates a specific mandate. Their
recommendations will have to meet the following criteria.
They must:
- Be revenue
neutral;
- Eliminate
the inequities in the current system and ensure greater
uniformity;
- Reduce the
property tax portion of the overall revenue mix;
- Provide alternatives,
which lessen the local government dependence on property
taxes; and
- Provide alternative
means, "including possible increases in other taxes,"
for funding local service
The citizens of
this State, if they approve the call for a Convention, are
looking for real reform, not just more cosmetic tinkering
with the property tax. It should be clear to all that the
League will advocate real reform, both during the Convention
and afterwards, when the recommendations go to the voters.
Under current
law, both Houses of the Legislature must pass A-5269/S-2585,
by majority of full membership. Then, Governor must sign
the Bill. ("You need 41, 21 and 1.") This must
be done by August 30, 2005, so that the Attorney General
can arrange to have the ballot question published by September
9, 2005. Meanwhile, SCR-132/ACR-25, which would ask the
people to amend the Constitution to allow the Convention
to propose, for popular approval, statutory, as well as
Constitutional, changes, would need to pass both Houses
with three-fifths majorities (48 in the Assembly and 24
in the State Senate) by early August, so that the Secretary
of State could arrange for publication of the proposals
in our State's newspapers by August 10, 2005. The SCR/ACR
would not be subject to gubernatorial consideration, but
would go directly to the people.
The question
(in A-5269/S-2585) will ask the voters this. "Do you
favor the holding of a Constitutional Convention solely
for the purpose of preparing for submission to the voters
of the State ... amendments to the New Jersey Constitution
and revisions to existing law
which, while revenue
neutral in their overall impact, eliminate inequities in
the current system of property taxation, ensure greater
uniformity in the application of property taxes, reduce
property taxes as a share of overall public revenue, provide
alternatives which lessen the dependence of local government
on property taxes, and provide alternative means, other
than a Statewide equalized school property tax, including
possible increases in other taxes, of funding local government
services
?"
If approved by
a majority of votes cast on the question, election of delegates
would take place on April 18, 2006 . Each Legislative District
would elect two delegates. Candidates would be bound by
State Campaign Finance laws.
The two candidates
receiving the most votes would be the District's delegates.
In addition to the 80 elected delegates, 10 addittional
delegates would be selected, two each by the Governor, the
Senate President, the Senate Minority Leaader, the Assembly
Speaker and the Assembly Minority Leader.
The Convention
would convene on May 10, 2006 . The Convention would need
to approve, by majority of its members, any recommendations
by August 29, 2006. Recommendations would be referred to
the Chief Justice, who will appoint a three member committee,
composed of retired judges, to ensure conformity of the
recommendations with the provisions of the question that
brought the Convention into being. Those are the criteria
we've already mentioned, twice.
Recommendations
accepted by the committee of three would appear on the ballot
on November 7, 2006. A proposal receiving a majority of
votes cast for and against that proposal would become a
part of the Constitution or a statute, as applicable. Any
amendments of the statutes approved by the voters would
be subject to amendment or repeal by the Legislature and
the Governor, in the same manner as any other statute.
It is our frustration,
and the frustration of the citizens of New Jersey , with
the inability of the Legislature to enact real tax reform
that bas forced us to embrace this proposal. Among others,
reform proposals written by the New Jersey Tax Policy Committee
of 1972, the State and Local Expenditure and Revenue Policy
Commission of 1985-1988, and the Governor's Property Tax
Commission of 1997 have been ignored.
We see no other
avenue that will take us to long lasting property tax relief,
at long last. We support A-5269 and S-2585, along with SCR-132
and ACR-25. We welcome your consideration.
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