40:48-8.30a - Use of revenues - New Jersey Statutes

40:48-8.30a.  Use of revenues
    a.  Beginning July 1, 1981, and until such time as the conditions set forth  in subsection b. of this section are met, the revenues deposited by the State  Treasurer in the fund created in section 5 of P.L.1979, c. 273 (C. 40:48-8.30),  shall be applied for the purposes of financing and maintaining facilities  authorized pursuant to section 11 of P.L.1960, c. 183 (C. 40:37A-54) located in  any eligible municipality, to be limited to:

    (1) Payment of all or any part of principal and interest on bonds issued for  low and moderate income housing pursuant to sections 1 through 26 of P.L.1979,  c. 275 (C. 40:37A-106 through 40:37A-131);

    (2) Establishment of funds to provide security for bonds, notes or other obligations, or loans made from the proceeds of those obligations, pursuant to sections 1 through 26 of P.L.1979, c. 275 (C. 40:37A-106 through 40:37A-131);

    (3) Establishment of revolving loan and grant funds for the purpose of increasing housing opportunities for low and moderate income families consistent with the purposes of sections 1 through 26 of P.L.1979, c. 275 (C. 40:37A-106 through 40:37A-131).

    b.  Commencing on that date which is the later of (i) January 1, 1984, or (ii) 6 months prior to the first date on which any payment of principal or interest on any bonds or notes issued for, or any payment of rent under any lease entered into by a county improvement authority in connection with, the acquisition, construction, reconstruction or improvement of a convention hall facility to accomplish the purposes of a county improvement authority as set forth in subsection (b) of section 11 of P.L. 1960, c. 183 (C. 40:37A-54(b)) are required to be made from the revenues collected pursuant to P.L.1947, c. 71  (C. 40:48-8.15 et seq.), the revenues thereafter retained by the State Treasurer pursuant to section 7 of P.L.1947, c. 71 (C. 40:48-8.21) shall be applied exclusively (1) in accordance with the provisions of the resolution or resolutions authorizing the issuance of bonds by that county improvement authority for that facility, to the payment of principal of and interest on bonds so issued, the maintenance of necessary reserves and the allocation of moneys for future debt service payments;  or (2) in accordance with a lease between the lessor of a convention hall facility and the county improvement authority or other entity operating the convention hall facility, to the payments required under that lease;  and for no other purpose, except as set forth in subsection c. or d. of this section.  At the time this subsection takes effect, all moneys then accumulated in the luxury tax fund shall be removed by the State Treasurer and deposited in a separate account to be known as the development fund, which proceeds, with the interest thereon, shall be used for any of the purposes set forth in subsection a. of this section.

    c.  At the end of any full calendar year occurring after the date on which the provisions of subsection b. of this section take effect, and after all payments coming due during that calendar year of principal and interest on county improvement authority bonds or notes issued for a convention hall facility have been made, and all obligations have been met (1) to the holders of those bonds, including the maintenance of necessary reserves and the allocation of moneys for future debt service payments, or (2) to the lessor for  lease payments under a lease entered into by the county improvement authority  in connection with a convention hall facility, any balance remaining in the  luxury tax fund in that calendar year shall be applied to any deficiency  between the operating expense budget and the anticipated operating revenues  available for the following fiscal year to the entity operating the convention  hall facility.

    d.  At the end of any full calendar year occurring after the date on which the provisions of subsection b. of this section take effect, and after all payments have been made from the luxury tax fund pursuant to subsections b. and  c. any moneys remaining in the luxury tax fund in that calendar year shall be  deposited in the development fund and used for the purposes set forth in  subsection a. of this section.

    e.  Pending application to the purposes for which moneys deposited in the development fund or the luxury tax fund may be used, the moneys in these funds shall be invested by the State Treasurer pursuant to applicable regulations prescribed for the investment of State moneys.  Any income received from these investments shall be added to the fund from which earned, and used only for the  purposes of that fund.

     L.1981, c. 461, s. 5, eff. Jan. 8, 1982.  Amended by L.1982, c. 113, s. 20, eff. Aug. 14, 1982.