Anti-tax conclave gains in Trenton

But convention faces uncertainty in Senate
Tuesday, May 17, 2005 • BY TOM HESTER • Star-Ledger Staff

A bill asking voters to approve an unprecedented constitutional convention to consider ways to reduce New Jersey's highest-in-the-nation property taxes passed the Assembly yesterday, setting up a showdown in the Senate, where its future is uncertain.

Backers of the convention, who say lawmakers have failed to tackle property tax reform over the past three decades, conceded that the issue may never reach voters because of concerns from a number of groups and senators, including acting Gov. Richard Codey, who is also the Senate president.

"The Senate should maintain the momentum for addressing the No.1 pocketbook concern of New Jersey residents," said Assembly Majority Leader Joseph Roberts (D-Camden), the prime sponsor in the lower house. "I would rather see this legislation modified than have the flame for property tax (reform) extinguished due to gridlock and indifference."

With senior citizen homeowners who support a convention crowding the Assembly gallery, the bill passed the lower house 45-30. The vote, after more than two hours of debate, was largely along party lines: Democrats said a constitutional convention is the best way to tackle the long-standing problem; Republicans objected because the legislation does not allow for the convention to consider ways to cut government spending.

The bill must be approved by the end of the summer to get on the November ballot. However, Codey does not intend to hurry it through the Senate.

"The governor, as Senate president, will allow it to be heard in Senate committee and take the course of action for bills," said Kelley Heck, his spokeswoman. "However, he recognizes that there are concerns in the Senate majority caucus about the fact that the current version of the bill would not allow a convention to address spending, and he shares this concern."

Senate Minority Leader Leonard Lance (R-Hunterdon) said Republicans also want spending included as part of a convention.

Under the legislation (A5269), if voters approve a convention, delegates would be chosen during the school board elections in April and the convention would be held in the summer of 2006. The convention's recommendations would appear on the November 2006 ballot.

The delegates would be allowed to propose options such as increases in the state income or sales tax or creation of new taxes to reduce or slow the growth of property taxes. They also could consider limiting how much property taxes residents could bear or how much property tax revenue could go toward government spending.

Delegates could not, however, discuss state, local government or school spending or public employee salaries and benefits.

Cy Thannikary of Freehold, chairman of Citizens for Property Tax Reform, who served on the state task force that proposed guidelines for the convention, said proponents will "lobby hard" for the Senate to pass the bill. AARP-NJ will sponsor a pro-convention rally at the Statehouse on June 16, he said.

The legislation is supported by senior citizens groups, the New Jersey State League of Municipalities and good government groups that collectively have spent $1.5 million lobbying lawmakers since 2003.

But it is opposed by the state's largest teachers union, the powerful New Jersey Education Association, which is concerned about the potential impact on teacher salaries and pensions, and state business interests, which fear a shift in tax burden to businesses. Opponents have made $1.01 million in campaign contributions to lawmakers and spent $939,602 to lobby the Legislature over the past two years.

Proponents said seven commissions have studied property taxes over the past three decades, but lawmakers have taken little action. In the meantime, they said, property taxes have continued to skyrocket.

"The bill that is before us today is designed to deal with the fact that New Jersey, to a greater extent than any other state in the nation, relies on property taxes to fund public services," Roberts said. "We talk to our constituents and they are impatient with the Legislature's failure to confront it."

Assemblyman Kevin J. O'Toole (R-Bergen), a member of the task force, said a convention should be allowed to examine government spending. "Property taxes have never been higher and spending has never been more out of control," he said.

Other lawmakers pushed for a special session of the Legislature, rather than a constitutional convention, to tackle property taxes.

Georgia Viscuso of Cherry Hill was one of 45 senior citizens from South Jersey who traveled to Trenton to watch yesterday's Assembly debate. She said her property taxes have risen $600 over the past two years.

"I have been in my home for 40 years," she said. "It has reached the point where I cannot survive. My property taxes are $6,000 a year."

Not all lawmakers followed their party on the vote. Three Republicans supported the convention: Christopher J. Connors and Brian E. Rumpf, both of Ocean County, and Bill Baroni of Mercer County. Two Democrats from Hudson County voted against it: Louis M. Manzo and Anthony Chiappone. Two Bergen County Democrats abstained: Joan M. Voss and Alfred E. Steele.


Staff writer Joe Donohue contributed to this report.
© 2005 The Star-Ledger. Used by NJ.com with permission.

Return to Articles page