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HomeMy Public PortalAboutr 14-014Poolution of the Pozml�4 of &rtexet, �N_ �- No. 14 -14 Date of Adoptio Ja luary 23 M4 RESOLUTION IN SUPPORT OF S- 2324/A -3393, LEGISLATION TO PROTECT RESIDENTIAL PROPERTY TAXPAYERS FROM THE LOSS OF TELECOMMUNICATIONS TAX SUPPORT WHEREAS, in 1997, at the request of incumbent utilities, the laws regarding State taxation of telecommunications corporations were amended in response to technological and market innovations, in order to increase competition; and WHEREAS, the amendments sought to preserve revenues to local governments by providing that local exchange telephone companies subject to the New Jersey Franchise and Gross Receipts Tax on April 1, 1997 would continue to be subject, annually, to the Business Personal Property Tax ( "BPPT "); and WHEREAS, the statute defines local exchange companies as those telecommunications carriers "providing dial tone and access to 51 %of a local telephone exchange'; and WHEREAS, Verizon's self - serving interpretation of the statutory definition has led it to claim exemption from the BPPT in any municipality where the corporation unilaterally determines, in any given year, that it no longer supplies dial tone and access to at least 51% of the local telephone exclmnees; and WHEREAS, Hopewell Borough's challenge to that claim was upheld by the Mercer County Board of Taxation in 2009; and i WHEREAS, Verizon's appeal of that determination to the Tax Court resulted in a June, 2012 trial court decision accepting the corporation's self- serving interpretation of the law; and WHEREAS, as things now stand, over 100 municipalities know that they enter 2013 without BPPT revenues that will cost property taxpayers well in excess of $8 million and, unless matters change, more municipalities will lose more millions in the fittme; and WHEREAS, remedial legislation (A -3393) has been introduced by Assemblyman Ralph Caputo, which will clarify the perceived ambiguity of the statutory definition to further implement the original legislative intent to preserve revenues to local governments; and WHEREAS, the introduction of companion legislation S -2324 by Senator Bob Smith and Senator Linda Greenstein introduced November 19, 2013 in the Senate, also clarifies application of business personal property tax on local exchange telephone companies that were subject to tax as of April I, 1997; NOW, THEREFORE, BE IT RESOLVED, THAT MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET commends Assemblyman Caputo and Senator Smith and strongly supports 5- 2324 /A -3393, which would clearly identify the telecommunications carriers subject to taxation on their business personal property and remove the budget uncertainty caused by Verizon's obfuscation; and BE IT FURTHER RESOLVED, that we urge our State Senator and our representatives in the General Assembly to join as co- sponsors of 5- 2324/A -3393; and NO. 14 -14 PAGE 2 BE IT FINALLY RESOLVED, that copies of this Resolution be forwarded to the Honorable Governor Chris Christie, the Honorable Speaker of the General Assembly Vincent Prieto, the Honorable President of the State Senate Stephen bt. Sweeney, the Honorable Assembly Republican Leader Jon Bramnick, the Honorable Senate Republican Leader Thomas H. Kean, Jr., and our own State Senator and Representatives in the General Assembly, and to the New Jersey State League of Municipalities. Adopted this 23rd day of Jm Lory, 2014 and ctrdfie3 as a trLle copy of tdle original on Jatuaty 24, 2014. LM A. RIVEM Assistant Mxddpal Clerk RECORD OF COUNCIL VOTE COUNCILMAN I YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLIM X X DIAZ DINASM X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council Ja[119 y 23 2014 � ..lr C..,L.- f.X... v -�i -z x..✓