Bill Text: NJ S733 | 2010-2011 | Regular Session | Chaptered
Bill Title: Expands permitted expenditures from Airport Safety Fund.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-07-02 - Approved P.L.2010, c.38. [S733 Detail]
Download: New_Jersey-2010-S733-Chaptered.html
An Act concerning expenditures from the Airport Safety Fund, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1953, c.234 (C.6:1-44.1) is amended to read as follows:
1. The commissioner shall have the power to grant an appropriate license or certificate upon application properly made and the fee therefor paid for activities and operations that comply with the requirements of this act.
Licenses or certificates (excepting those issued on a temporary basis) required by regulation for the operation of aeronautical facilities and fixed base operations are issued for a period of one year. Such licenses may be annually renewed for a period of one year, upon satisfaction of requirements set by the applicable rules and regulations appropriate to the license or certificate sought. Licenses or certificates issued on a temporary basis shall be valid for a period of less than one year and continue in effect until a specified expiration date, by request for withdrawal of license or certificate by the initial applicant, or by order of the commissioner. Rules, procedures, and application fees for the issuing of all licenses and certificates shall be established by the commissioner through regulation. Each applicant for license or certificate, be it initial, renewal, or temporary, shall be required to pay a nonrebatable fee to the Division of Aeronautics in the Department of Transportation.
All such fees shall be paid to the State Treasurer by the division for deposit in the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L.1983, c.264 (C.6:1-89 et seq.).
(cf: P.L.1983, c.264, s.16)
2. Section 7 of P.L.1971, c.118 (C.6:1-59.1) is amended to read as follows:
7. Any person violating any provisions of this act or any rule, regulation or order authorized hereby and any person who operates, conducts, uses or permits others to operate, conduct, use or employ any aeronautical facility, operation or activity which is required to be licensed, without said license being previously issued or renewed as required, shall be liable to a penalty of up to $1,000.00, which may be collected and enforced in an action by the Division of Aeronautics in the name of the State in any municipal court or in any other court of competent jurisdiction in a summary manner, without a jury, in accordance with the procedure prescribed in "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). All penalties and costs collected in such actions shall be accounted for by the judge and forwarded to the Division of Aeronautics, which shall transmit the same to the State Treasurer, who shall credit such moneys to the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L.[[1983], c. [264] (C. [6:1-89 et seq.])]1983, c.264 (C.6:1-89 et seq).
(cf: P.L.1983, c.264, s.17)
3. Section 1 of P.L.1983, c.264 (C.6:1-89) is amended to read as follows:
1. This act shall be known and may be cited as the "New Jersey Airport Safety, Security and Improvement Act [of 1983]."
(cf: P.L.1983, c.264, s.1)
4 Section 9 of P.L.1983, c.264 (C.6:1-93) is amended to read as follows:
9. The commissioner is hereby authorized to expend moneys from the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L.1983, c.264 (C.6:1-92), for the following purposes:
a. To provide grants to publicly and privately owned, unrestricted, public use airports to obtain federal funds for airport assistance. The commissioner is authorized to provide up to 50% of the required local match; except that the commissioner is authorized to provide up to 100% of the required local match, when he deems that an emergency situation exists.
b. To provide grants or loans, or both, to publicly owned and private, unrestricted, public use airports for safety projects, including but not limited to engineering, planning, construction and rehabilitation of lighting, runways, aprons, airport approach aids and obstruction removals, and for security, capital improvement, informational and educational projects, and revenue and nonrevenue producing capital improvement and development projects.
c. To provide grants or loans, or both, to publicly owned airports or counties or municipalities to acquire airports or lands, rights in land and easements, including aviation easements necessary for clear zones or clear areas, which are owned, controlled or operated, or to be owned, controlled or operated by municipalities, counties or other political subdivisions of this State.
d. To acquire lands or rights in lands adjacent to privately owned, public use airports, which are found necessary for airport or air safety purposes, and while retaining title to that land or rights in land, the commissioner may lease those lands or rights to airports or airport authorities for use in the furtherance of airport, air safety, or air transportation purposes. The commissioner shall establish terms in any such lease so as to protect the State's interest in the promotion of aviation and the State's investment in lands and property.
e. To provide loans to unrestricted public use airports and New Jersey based aviation enterprises, in amounts not to exceed $200,000 per loan, for such specific purposes, not included among those set forth in subsection b. of this section, and on such terms and conditions as may be determined by the commissioner pursuant to this subsection. Loans pursuant to this subsection may be provided for [revenue or nonrevenue generating capital construction, capital development, or equipment acquisition purposes] purposes or projects which effectuate the New Jersey Airport Safety, Security and Improvement Act and the duties and powers of the commissioner set forth in section 5 of P.L.1966, c.301 (C.27:1A-5). In providing such loans, the commissioner shall establish loan security terms so as to protect the State's interests. Loans shall not be provided pursuant to this subsection to airports or enterprises for the purpose of expanding, preparing for an expansion or completing an expansion of the physical capabilities of the airport, including but not limited to expansion of the runways, to support a greater number of flights or larger aircraft than that which the airport is able to handle within the safety parameters applicable to that airport at the time of the loan application, except that a loan may be provided to restore the physical capabilities of an airport, which capabilities have been reduced as a result of insufficient maintenance and repair, to the capabilities that existed when the airport was in a state of full repair and fully maintained.
f. To establish, operate, or provide any program or activity which promotes aviation safety, promotes aviation education, or provides for the promotion of aeronautics. In no fiscal year shall the amount of moneys expended pursuant to this subsection exceed 10 percent of the total amount of moneys appropriated in that fiscal year to the Airport Safety Fund, established in the General Fund pursuant to section 4 of P.L.1983, c.264 (C.6:1-92).
(cf: P.L.1997, c.231, s.4)
5. Section 15 of P.L.1995, c.108 (C.27:1B-21.8) is amended to read as follows:
15. Each year a nonlapsing sum of money shall be appropriated from funds held in the Special Transportation Fund, established pursuant to section 21 of P.L.1984, c.73 (C.27:1B-21), and credited to the Airport Safety Fund, established in the General Fund pursuant to section 4 of P.L.1983, c.264 (C.6:1-92), for use for any purpose pursuant to the " New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L.1983, c.264 (C.6:1-89 et al.) and that sum shall be included in the annual report of projects prepared pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22). Funds so appropriated shall no longer be subject to the provisions and limitations of chapter 1B of Title 27 of the Revised Statutes, but instead shall be subject to the provisions and limitations of P.L.1983, c.264 (C.6:1-89 et al.).
(cf: P.L.1997, c.231, s.5)
6. R.S.54:39-66 is amended to read as follows:
54:39-66. Any person:
(1) Who shall use any fuels as herein defined for any of the following purposes:
(a) (Deleted by amendment.)
(b) Autobuses while being operated over the highways of this State in those municipalities to which the operator has paid a monthly franchise tax for the use of the streets therein under the provisions of R.S.48:16-25 and autobuses while being operated over the highways of this State in a regular route bus operation as defined in R.S.48:4-1 and under operating authority conferred pursuant to R.S.48:4-3, or while providing bus service under a contract with the New Jersey Transit Corporation or under a contract with a county for special or rural transportation bus service subject to the jurisdiction of the New Jersey Transit Corporation pursuant to P.L.1979, c.150 (C.27:25-1 et seq.), and autobuses providing commuter bus service which receive or discharge passengers in New Jersey. For the purpose of this paragraph "commuter bus service" means regularly scheduled passenger service provided by motor vehicles whether within or across the geographical boundaries of New Jersey and utilized by passengers using reduced fare, multiple ride or commutation tickets and shall not include charter bus operations or special bus operations as defined in R.S.48:4-1 or buses operated for the transportation of enrolled children and adults referred to in subsection c. of R.S.48:4-1,
(c) Agricultural tractors not operated on a public highway,
(d) Farm machinery,
(e) Aircraft,
(f) Ambulances,
(g) Rural free delivery carriers in the dispatch of their official business,
(h) Such vehicles as run only on rails or tracks, and such vehicles as run in substitution therefor,
(i) Such highway motor vehicles as are operated exclusively on private property,
(j) Motor boats or motor vessels used exclusively for or in the propagation, planting, preservation and gathering of oysters and clams in the tidal waters of this State,
(k) Motor boats or motor vessels used exclusively for commercial fishing,
(l) Motor boats or motor vessels, while being used for hire for fishing parties or being used for sightseeing or excursion parties,
(m) Cleaning,
(n) Fire engines and fire-fighting apparatus,
(o) Stationary machinery and vehicles or implements not designed for the use of transporting persons or property on the public highways,
(p) Heating and lighting devices,
(q) Fuels previously taxed under this chapter and later exported from the State of New Jersey to any other state or country; provided, proof satisfactory to the director of such exportation is submitted,
(r) Motor boats or motor vessels used exclusively for Sea Scout training by a duly chartered unit of the Boy Scouts of America,
(s) Emergency vehicles used exclusively by volunteer first-aid or rescue squads, and
(t) Diesel fuel, the increase in the tax thereof as imposed by P.L.1984, c.73, as used by passenger automobiles and motor vehicles of less than 5,000 pounds gross weight; and
(2) Who shall have paid the tax for such fuels, hereby required to be paid, shall be reimbursed and repaid the amount of tax so paid upon presenting to the director an application for such reimbursement or repayment, in form prescribed by the director, which application shall be verified by a declaration of the applicant that the statements contained therein are true. Such application for reimbursement or repayment shall be supported by an invoice, or invoices, showing the name and address of the person from whom purchased, the name of the purchaser, the date of purchase, the number of gallons purchased, the price paid per gallon, and an acknowledgment by the seller that payment of the cost of the fuel, including the tax thereon, has been made. Such invoice, or invoices, shall be legibly written and shall be void if any corrections or erasures shall appear on the face thereof.
The director may, in his discretion, permit a distributor entitled to a refund under the provisions of this section to take credit therefor, in lieu of such refund, in such manner as the director may require, on a report filed pursuant to R.S.54:39-27.
Any refund granted to a person under subsection (1)(e), for fuel used in aircraft, shall be paid from the moneys deposited in the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L.1983, c.264 (C.6:1-92). Such refunds shall be granted on an annual basis.
(cf: P.L.1992, c.23, s.45)
7. R.S.54:39-71 is amended to read as follows:
54:39-71. Except as provided in R.S. 54:39-30, moneys received in accordance with this chapter, other than taxes paid on aircraft fuels, shall be accounted for and forwarded by the Director of the Division of Taxation to the State Treasurer, to be paid out and distributed by him as hereinafter in this article provided. Moneys received from taxes on fuel used in aircraft, pursuant to R.S. 54:39-27 and section 7 of the "New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L. 1983, c. 264 (C. 54:39-27a) shall be accounted for and forwarded by the Director of the Division of Taxation to the State Treasurer, who shall credit these payments to the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety, Security and Improvement Act [of 1983]," P.L.1983, c.264 (C.6:1-92).
(cf: P.L.1983, c.264, s.6)
8. This act shall take effect immediately.
Expands permitted expenditures from Airport Safety Fund.
