ASSEMBLY, No. 2160

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JANUARY 16, 2014

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

 

Co-Sponsored by:

Assemblymen Ciattarelli, Caputo, Andrzejczak, S.Kean, Diegnan, Garcia, Mazzeo, Coughlin and Assemblywoman Jones

 

 

 

 

SYNOPSIS

     Increases State hotel and motel occupancy fee revenues required to be annually appropriated to fund certain arts and cultural, historical, and tourism-related programs and activities.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the dedication of revenues collected under the State hotel and motel occupancy fee, amending P.L.2003, c.114. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. Section 2 of P.L.2003, c.114 (C.54:32D-2) is amended to read as follows: 

     2.  a.  The Director of the Division of Taxation shall collect and administer the fee imposed pursuant to section 1 of P.L.2003, c.114 (C.54:32D-1).  The fees collected shall be deposited to the General Fund, and shall be allocated as follows:

     (1)   of the fees collected for occupancies during State Fiscal Year [2004] 2014: $16,000,000 shall be allocated for appropriation to the New Jersey State Council on the Arts for cultural projects; $2,700,000 shall be allocated for appropriation to the New Jersey Historical Commission for the purposes of subsection a. of section 3 of P.L.1999, c.131 (C.18A:73-22.3); $9,000,000 shall be allocated for appropriation to the [New Jersey Commerce and Economic Growth Commission] Division of Travel and Tourism in the Department of State for tourism advertising and promotion; and $500,000 shall be allocated for appropriation to the New Jersey Cultural Trust; [and]

     (2)   of the fees collected for occupancies during State Fiscal Year 2015: $18,227,000 shall be allocated for appropriation to the New Jersey State Council on the Arts for cultural projects; $3,080,000 shall be allocated for appropriation to the New Jersey Historical Commission for the purposes of subsection a. of section 3 of P.L.1999, c.131 (C.18A:73-22.3); $10,647,000 shall be allocated for appropriation to the Division of Travel and Tourism in the Department of State for tourism advertising and promotion; and $574,000 shall be allocated for appropriation to the New Jersey Cultural Trust;

     (3) of the fees collected for occupancies during State Fiscal Year 2016: $20,454,000 shall be allocated for appropriation to the New Jersey State Council on the Arts for cultural projects; $3,460,000 shall be allocated for appropriation to the New Jersey Historical Commission for the purposes of subsection a. of section 3 of P.L.1999, c.131 (C.18A:73-22.3); $11,703,000 shall be allocated for appropriation to the Division of Travel and Tourism in the Department of State for tourism advertising and promotion; and $647,000 shall be allocated for appropriation to the New Jersey Cultural Trust; and

     (4) of the fees collected for occupancies during State Fiscal Year [2005] 2017 and each State Fiscal Year thereafter: [22.68 percent] $22,680,000 shall be annually allocated for appropriation to the New Jersey State Council on the Arts for cultural projects[, provided that the amount allocated shall not be less than $22,680,000]; [3.84 percent] $3,840,000 shall be allocated for appropriation to the New Jersey Historical Commission for the purposes of subsection a. of section 3 of P.L.1999, c.131 (C.18A:73-22.3)[, provided that the amount allocated shall not be less than $3,840,000]; [12.76 percent] $12,760,000 shall be allocated for appropriation to the [New Jersey Commerce and Economic Growth Commission] Division of Travel and Tourism in the Department of State for tourism advertising and promotion[, provided that the amount allocated shall not be less than $12,760,000]; and [.72 percent] $720,000 shall be allocated for appropriation to the New Jersey Cultural Trust[, provided that the amount allocated shall not be less than $720,000].

     b. (1) In carrying out the provisions of section 1 of P.L.2003, c.114 (C.54:32D-1) and this section, the director shall have all of the powers and authority granted in P.L.1966, c.30 (C.54:32B-1 et seq.).  The tax shall be filed and paid in a manner prescribed by the Director of the Division of Taxation. The director shall promulgate such rules and regulations as the director determines are necessary to effectuate the provisions of section 1 of P.L.2003, c.114 (C.54:32D-1) and this section.

     (2)   Each person required to collect the hotel and motel occupancy fee shall be personally liable for the fee imposed, collected, or required to be paid, collected, or remitted under section 1 of P.L.2003, c.114 (C.54:32D-1).  Any such person shall have the same right in respect to collecting the fee from that person's customer or in respect to non-payment of the fee by the customer as if the fee were a part of the purchase price of the occupancy or rent, as the case may be, and payable at the same time; provided however, that the director shall be joined as a party in any action or proceeding brought to collect the fee.

     For purposes of this paragraph, "person" includes:  an individual, partnership, corporation, or an officer, director, stockholder, or employee of a corporation, or a member or employee of a partnership, who as such officer, director, stockholder, employee, or member is under the duty to perform the act in respect of which the violation occurs.

     c. (1) The annual appropriations act for [each] State Fiscal Year [, commencing with fiscal year 2005] 2014, shall appropriate and distribute during that fiscal year amounts not less than the amounts otherwise specified for State Fiscal Year [2004] 2014 in paragraph (1) of subsection a. of this section for the purposes specified in paragraph (1) of subsection a. of this section.

     (2)   The annual appropriations act for State Fiscal Year 2015 shall appropriate and distribute during that fiscal year amounts not less than the amounts otherwise specified for State Fiscal Year 2015 in paragraph (2) of subsection a. of this section for the purposes specified in paragraph (2) of subsection a. of this section.

     (3) The annual appropriations act for State Fiscal Year 2016 shall appropriate and distribute during that fiscal year amounts not less than the amounts otherwise specified for State Fiscal Year 2016 in paragraph (3) of subsection a. of this section for the purposes specified in paragraph (3) of subsection a. of this section.

     (4) The annual appropriations act for State Fiscal Year 2017 and each State Fiscal Year thereafter shall appropriate and distribute during that fiscal year amounts not less than the amounts otherwise specified for State Fiscal Year 2017 and each State Fiscal Year thereafter in paragraph (4) of subsection a. of this section for the purposes specified in paragraph (4) of subsection a. of this section.

     d. If the provisions of subsection c. of this section are not met on the effective date of an annual appropriations act for the State fiscal year, or if an amendment or supplement to an annual appropriations act for the State fiscal year should violate the provisions of subsection c. of this section, the Director of the Division of Budget and Accounting in the Department of the Treasury shall, not later than five days after the enactment of the annual appropriations act, or an amendment or supplement thereto, that violates the provisions of subsection c. of this section, certify to the Director of the Division of Taxation that the requirements of subsection c. of this section have not been met.

     e. The Director of the Division of Taxation shall, no later than five days after certification by the Director of the Division of Budget and Accounting in the Department of the Treasury pursuant to subsection d. of this section that the provisions of subsection c. of this section have not been met or have been violated by an amendment or supplement to the annual appropriations act, notify each person required to collect tax of the certification and that the fee imposed pursuant to section 1 of P.L.2003, c.114 (C.54:32D-1) shall no longer be paid or collected.

(cf: P.L.2007, c.102, s.4)

 

     2. This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill increases the amount of State revenues that are required by law to be annually appropriated to fund certain arts and cultural, historical, and tourism-related programs and activities.

     Under current law, the State imposes a fee on the rent charged for certain hotel and motel occupancies in this State. The law imposing the fee requires a minimum amount of revenue collected from the fee to be annually allocated for appropriation to fund cultural project grants through the New Jersey State Council on the Arts, New Jersey Historical Commission grants, tourism advertising and promotion through the Division of Travel and Tourism in the Department of State, and the New Jersey Cultural Trust. 

     The law imposing the fee includes a “poison pill” provision that requires the minimum amount to be annually appropriated for the fee to remain in effect.  If an annual appropriations act is enacted that does not provide funding for the arts and cultural, historical, and tourism-related programs and activities at the levels established for fees collected in State fiscal year 2004, the law requires the Director of the Division of Budget and Accounting to inform the Director of the Division of Taxation that the appropriation requirements have not been met and requires the Director of the Division of Taxation to, in turn, notify hotel and motel operators that the fee is no longer required to be paid or collected. 

     This bill increases the amounts that are required to be annually appropriated to fund arts and cultural, historical, and tourism-related programs and activities over a three-year period beginning in State fiscal year 2015. The bill provides that of the State hotel and motel occupancy fees collected: 

      -- during State fiscal year 2015: $18,227,000 must be allocated for appropriation to fund cultural project grants through the council, $3,080,000 must be allocated for appropriation to fund commission grants, $10,647,000 must be allocated for appropriation to fund tourism advertising and promotion through the division, and $574,000 must be allocated for appropriation to fund the trust;

      -- during State fiscal year 2016: $20,454,000 must be allocated for appropriation to fund cultural project grants through the council, $3,460,000 must be allocated for appropriation to fund commission grants, $11,703,000 must be allocated for appropriation to fund tourism advertising and promotion through the division, and $647,000 must be allocated for appropriation to fund the trust; and

      -- during State fiscal year 2017 and each year thereafter: $22,680,000 must be allocated for appropriation to fund cultural project grants through the council, $3,840,000 must be allocated for appropriation to fund commission grants, $12,760,000 must be allocated for appropriation to fund tourism advertising and promotion through the division, and $720,000 must be allocated for appropriation to fund the trust. 

     The bill revises the “poison pill” provision to tie its annual appropriation requirements to the increased levels of funding provided by the phase-in.  The bill provides that if an annual appropriations act is enacted that does not provide funding for the arts and cultural, historical, and tourism-related programs and activities at the levels established for fees collected from occupancies occurring in State fiscal year 2015, 2016, and 2017 and each year thereafter, respectively, the Director of the Division of Budget and Accounting must inform the Director of the Division of Taxation that the appropriation requirements have not been met and the Director of the Division of Taxation must notify hotel and motel operators that the fee is no longer required to be paid or collected. 

     The bill takes effect immediately upon enactment.