S488

An Act establishing the “County Tourism Incentive Grant Fund” within the Department of the Treasury to provide funding for grants to counties to support tourism advertising and promotion, supplementing Title 52 and Title 54 of the Revised Statutes.

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

1. a. There is established in the Department of the Treasury a special, non-lapsing fund to be known as the “County Tourism Incentive Grant Fund.”

b. The fund shall be administered by the State Treasurer, and shall be the repository for all excess State hotel and motel occupancy fee revenues appropriated and distributed to the Department of the Treasury for deposit to the fund pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The State Treasurer shall use all revenue deposited to the fund to issue annually, commencing with State fiscal year 2015, tourism incentive grants to counties pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. a. The State Treasurer shall issue annually, commencing with State fiscal year 2015, tourism incentive grants to counties from excess State hotel and motel occupancy fee revenues deposited to the “County Tourism Incentive Grant Fund” established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), for purposes of providing financial assistance to counties to support tourism advertising and promotion.

b. To effectuate those purposes, the State Treasurer shall approve, on or before January 1, 2015 and on or before January 1 of each year thereafter, the issuance of a tourism incentive grant to each county that has, on or before October 1, 2014 and on or before October 1 of each year thereafter:

(1) made and filed an application with the State Treasurer seeking financial assistance from the fund for tourism advertising and promotion;

(2) submitted a statement to the State Treasurer detailing how financial assistance from the fund will be used by the county to support tourism advertising and promotion; and

(3) entered into an agreement with the State Treasurer requiring the county to use financial assistance from the fund to support tourism advertising and promotion, to not use financial assistance from the fund to reduce or eliminate the total amount of other funds currently used by the county to support tourism advertising and promotion, and to repay, with interest, the total amount of financial assistance issued to the county from the fund if the financial assistance is not used to support tourism advertising and promotion or the financial assistance is used to reduce or eliminate the total amount of other funds currently used by the county to support tourism advertising and promotion.

c. The amount of each tourism incentive grant shall equal a county’s share of the excess State hotel and motel occupancy fee revenues deposited to the fund, as shall be determined by the State Treasurer by dividing the revenues derived from hotel and motel occupancies occurring within the county by the sum of the revenues derived from hotel and motel occupancies occurring within the several counties that have been approved for the issuance of a grant and multiplying that amount by the excess State hotel and motel occupancy fee revenues deposited to the fund during the State fiscal year in which the tourism incentive grant is issued.

d. The State Treasurer shall make payment of each tourism incentive grant issued to a county at the times, and in the amounts, that the State Treasurer determines to be necessary and appropriate to effectuate the purposes of this section.

3. Notwithstanding the provisions of any other law to the contrary, the annual appropriations act for each State fiscal year, commencing with State fiscal year 2015, that appropriates and distributes during that fiscal year amounts not less than the amounts otherwise specified for State fiscal year 2004 in paragraph (1) of subsection a. of section 2 of P.L.2003, c.114 (C.54:32D-2) for the purposes specified in paragraph (1) of subsection a. of section 2 of P.L.2003, c.114 (C.54:32D-2), shall, in addition, appropriate and distribute in any such State fiscal year, an amount equal to 100 percent of the revenue from fees collected for occupancies during the preceding State fiscal year that are in excess of the revenue certified upon enactment of the annual appropriations act for that preceding State fiscal year as anticipated to be collected from such fee, which amount shall be appropriated and distributed to the Department of the Treasury for deposit to the “County Tourism Incentive Grant Fund” established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. Notwithstanding the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the State Treasurer may adopt immediately upon filing with the Office of Administrative Law such rules and regulations as the State Treasurer determines to be necessary and appropriate to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), which rules and regulations shall be effective for a period not exceeding 360 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and may thereafter be amended, adopted, or readopted by the State Treasurer in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

5. This act shall take effect immediately.

STATEMENT

This bill establishes the “County Tourism Incentive Grant Fund,” and provides for the appropriation and distribution of excess State hotel and motel occupancy fee revenues for deposit to the fund to provide funding for grants to counties to support tourism advertising and promotion.

Under the bill, the “County Tourism Incentive Grant Fund” is established as a special, non-lapsing fund within the Department of the Treasury. The bill requires the fund to be administered by the State Treasurer, and provides for the fund to be used as a repository for all excess State hotel and motel occupancy fee revenues that are appropriated and distributed to the Department of the Treasury for deposit to the fund.

The bill requires the State Treasurer to use the excess revenues deposited to the fund to issue annually, commencing with State fiscal year 2015, tourism incentive grants to counties for purposes of providing financial assistance to counties to support tourism advertising and promotion. To effectuate that purpose, the bill authorizes the State Treasurer to approve, on or before January 1, 2015 and on or before January 1 of each year thereafter, the issuance of an incentive grant to each county that has, on or before October 1, 2014 and on or before October 1 of each year thereafter:

-- made and filed an application with the State Treasurer;

-- submitted a statement to the State Treasurer detailing how financial assistance from the fund will be used to support tourism advertising and promotion; and

-- entered into an agreement with the State Treasurer requiring the county to use financial assistance from the fund to support tourism advertising and promotion, to not use financial assistance from the fund to reduce or eliminate the total amount of other funds currently used by the county to support tourism advertising and promotion, and to repay, with interest, the total amount of financial assistance issued to the county if the assistance is not used to support tourism advertising and promotion or the assistance is used to reduce or eliminate the total amount of other funds currently used by the county to support tourism advertising and promotion.

The bill provides that the amount of each incentive grant issued to a county will equal the county’s share of the excess State hotel and motel occupancy fee revenues deposited to the fund. The bill specifies that the county’s share of the excess revenues will be determined by the State Treasurer by dividing the revenues derived from hotel and motel occupancies occurring within the county by the sum of the revenues derived from hotel and motel occupancies occurring within the several counties that have been approved for the issuance of a grant and multiplying that amount by the excess State hotel and motel occupancy fee revenues deposited to the fund during the State fiscal year in which the tourism incentive grant is issued.

The bill provides for tourism incentive grants to be funded from excess State hotel and motel occupancy fee revenues. The bill requires that, commencing with State fiscal year 2015, 100 percent of the revenues collected in excess of the amounts anticipated to be collected for the prior fiscal year from the State hotel and motel occupancy fee will be appropriated and distributed through the annual appropriations act to the Department of the Treasury for deposit to the “County Tourism Incentive Grant Fund.”

The bill authorizes the State Treasurer to adopt rules and regulations necessary to effectuate the purposes of the bill, and permits the immediate filing of those rules and regulations with the Office of Administrative Law, effective for a period not to exceed 360 days following the bill’s effective date.

The bill takes effect immediately upon enactment.