New Jersey § 40a:4-45
Full text of New Jersey New Jersey Statutes § 40a:4-45, with citation guidance and answers to common questions.
§ 40a:4-45.
For local budget years beginning on or after July 1, 2004 municipalities and counties
shall be prohibited from increasing their final appropriations by more than 2.5% or
the cost-of-living adjustment, whichever is less, over the previous year, except within
the provisions set forth hereunder. For the purpose of this section, in computing its final appropriations for the previous
year, a municipality or county shall include, as part of its final appropriations: a. Amounts of revenue generated by : (1) an increase in its valuations based solely on applying the preceding year's local
purposes tax rate of the municipality to the assessed value of new construction or
improvements, or on applying the preceding year's county tax rate to the apportionment
valuation of new construction or improvements, as may be appropriate , and (2) payments in lieu of taxes on a parcel of land received on or after January 1,
2007 pursuant to the terms of a financial agreement under the “Long Term Tax Exemption
Law,” P.L.1991, c. 431 ( C.40A:20-1 et seq. ), less any amounts remitted by a municipality to a county pursuant to subsection
b. of section 12 of P.L.1991, c. 431 ( C.40A:20-12 ); b. (Deleted by amendment, P.L.1990, c. 89 .) c. Amounts approved by referendum, pursuant to section 1 of P.L.1979, c. 268 ( C.40A:4-45.3a ) and section 2 of P.L.1983, c. 312 ( C.40A:4-45.19 ); d. (Deleted by amendment, P.L.1990, c. 89 .) e. Expenditures for the assumption of any service or function of a local public utility,
a local public authority, or a special purposes district, as approved by the Local
Finance Board pursuant to section 3 of P.L.1983, c. 49 ( C.40A:4-45.13 ). For the 1991 local budget year, the final appropriations from the prior year shall
be the total appropriations for the 1990 budget year. In each local budget year in which any service, function, or portion thereof, is
transferred to, or assumed by, the State or federal government from a municipal government,
the municipality shall deduct from its final appropriations upon which its permissible
expenditures are calculated the amount which the municipality expended for that service
or function during the last full budget year, or portion thereof, throughout which
the service or function so transferred was funded from appropriations in the municipal
budget. In each budget year subsequent to 1990, whenever any municipality shall have transferred
to any local public utility, any local public authority or any special purposes district,
during the immediately preceding budget year, or at any time during the current budget
year prior to the final adoption of the budget, any service or function funded during
the immediately preceding budget year, either partially or wholly, from appropriations
in the municipal budget, the municipality shall deduct from its final appropriations
upon which its permissible expenditures are calculated pursuant to this section the
amount which the municipality expended for that service or function during the last
full budget year throughout which the service or function so transferred was funded
from appropriations in the municipal budget.
Frequently Asked Questions About New Jersey § 40a:4-45
What does New Jersey Statutes § 40a:4-45 cover?
Section 40a:4-45 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 40a:4-45?
A common citation format is "New Jersey Statutes § 40a:4-45" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 40a:4-45 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.