A545

ASSEMBLY, No. 545

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman TURNER

An Act concerning the sale of real property by the State, supplementing Title 52 of the Revised Statutes and amending P.L.1977, c.110 and P.L.1962, c.220.

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

1. (New section) Whenever all or any part of the State's interest in real property is sold and conveyed, the proceeds thereof shall be paid into the Casino Revenue Fund established pursuant to section 145 of P.L.1977, c.110 (C.5:12-145) and appropriated exclusively for the purposes established therein; except that, in the case of real property subject to the provisions of P.L.1993, c.38 (C.13:1D-51 et al.), the proceeds shall be deposited, appropriated, and utilized as prescribed pursuant to section 7 of P.L.1993, c.38 (C.13:1D-57).

2. Section 145 of P.L.1977, c.110 (C.5:12-145) is amended to read as follows:

145. Casino revenue fund. a. There is hereby created and established in the Department of the Treasury a separate special account to be known as the "Casino Revenue Fund," into which shall be deposited all revenues from the tax imposed by section 144 of this act; the investment alternative tax imposed by section 3 of P.L.1984, c.218 (C.5:12-144.1); the proceeds from the sale of State property as provided in section 1 of P.L. , c. (C. ), (now pending before the Legislature as this bill) and section 1 of P.L.1962, c.220 (C.52:31-1.1); and all penalties levied and collected by the commission pursuant to P.L.1977, c.110 (C.5:12-1 et seq.) and the regulations promulgated thereunder, except that the first $600,000 in penalties collected each fiscal year shall be paid into the General Fund for appropriation by the Legislature to the Department of Health, $500,000 of which is to provide funds to the Council on Compulsive Gambling of New Jersey and $100,000 of which is to provide funds for compulsive gambling treatment programs in the State. In the event that less than $600,000 in penalties are collected, the Department of Health shall determine the allocation of funds between the Council and the treatment programs eligible under the criteria developed pursuant to section 2 of P.L.1993, c.229 (C.26:2-169).

b. The commission shall require at least monthly deposits by the licensee of the tax established pursuant to subsection a. of section 144 of P.L.1977, c.110 (C.5:12-144), at such times, under such conditions, and in such depositories as shall be prescribed by the State Treasurer. The deposits shall be deposited to the credit of the Casino Revenue Fund. The commission may require a monthly report and reconciliation statement to be filed with it on or before the 10th day of each month, with respect to gross revenues and deposits received and made, respectively, during the preceding month.

c. Moneys in the Casino Revenue Fund shall be appropriated exclusively for reductions in property taxes, rentals, telephone, gas, electric, and municipal utilities charges of eligible senior citizens and disabled residents of the State, and for additional or expanded health services or benefits or transportation services or benefits to eligible senior citizens and disabled residents, as shall be provided by law. On or about March 15 and September 15 of each year, the State Treasurer shall publish in at least 10 newspapers circulating generally in the State a report accounting for the total revenues received in the Casino Revenue Fund and the specific amounts of money appropriated therefrom for specific expenditures during the preceding six months ending December 31 and June 30.

(cf: P.L.1993, c.229, s.1)

3. Section 1 of P.L.1962, c.220 (C.52:31-1.1) is amended to read as follows:

1. The head or principal executive of any State department, with the written approval of the Governor, is hereby authorized to sell and convey all or any part of the State's interest in any real property and the improvements thereon held by the department or to grant an easement in or across such property if he shall find that his department does not require such property or interest for any public purpose and that such sale is in the best interests of the State or that a grant of such easement is in the best interests of the State.

The sale or grant shall be upon such terms and conditions as the State House Commission shall determine to be in the best interests of the State and shall be by public auction to the highest bidder unless the commission shall otherwise direct.

In the case of lands subject to the provisions of P.L.1993, c.38 (C.13:1D-51 et al.), the State House Commission shall conduct a public hearing at least 90 days in advance of determining the terms and conditions of the sale or conveyance. In addition to any other applicable requirements of law, rule, or regulation concerning notice for public hearings, the State House Commission shall provide notice of the public hearing at least 30 days in advance of the date of the hearing in the same manner and according to the same procedures prescribed for the Department of Environmental Protection pursuant to sections 3 and 4 of P.L.1993, c.38 (C.13:1D-53 and C.13:1D-54). Any meeting at which the State House Commission is to determine the terms and conditions of the sale or conveyance or to decide to approve or disapprove a conveyance of lands subject to the provisions of P.L.1993, c.38 (C.13:1D-51 et al.) shall be open to the public, and the commission shall provide public notice of any such meeting at least 30 days prior thereto.

The proceeds from the sale of any property or interest in property sold pursuant to the provisions of this section or from the grant of an easement shall be paid into the [General Treasury of the State] Casino Revenue Fund established pursuant to section 145 of P.L.1977, c.110 (C.5:12-145) and appropriated exclusively for the purposes established therein, except, in the case of lands subject to the provisions of P.L.1993, c.38 (C.13:1D-51 et al.), the proceeds shall be deposited, appropriated, and utilized as prescribed pursuant to section 7 of P.L.1993, c.38 (C.13:1D-57).

(cf: P.L.1993, c.38, s.13)

4. This act shall take effect immediately.

STATEMENT

This bill provides that whenever the State sells all or any part of its interest in real property, the proceeds of the sale will be deposited in the Casino Revenue Fund. Monies in the fund are used exclusively for reductions in property taxes, rentals, telephone, gas, electric and municipal utilities charges of eligible senior citizens and disabled persons and for transportation services and health care programs (such as the Pharmaceutical Assistance to the Aged and Disabled program) for these persons. The bill would not affect the use of proceeds from the sale of certain land held by the Department of Environmental Protection and Energy which must be used for the acquisition of land for recreation and conservation purposes.

Provides that the proceeds from the sale of real property by the State will be used for programs benefiting senior citizens and disabled persons.