S663

An Act concerning the New Jersey Historic Trust, and amending P.L.1967, c.124.

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

1. Section 8 of P.L.1967, c.124 (C.13:1B-15.115) is amended to read as follows:

8. The trust shall have power in particular to:

a. solicit and accept gifts, legacies, bequests and endowments for any purpose which falls within that of the trust, and to maintain interest-bearing trust accounts for those purposes; and, unless otherwise specified by the person making such gift, legacy, bequest or endowment, the trustees may expend both principal and income of any such gift, bequest, legacy, or endowment in furtherance of the trust or invest it in whole or in part in securities which are legal for trust funds in the State of New Jersey;

b. acquire and hold real and personal property of historic, aesthetic or cultural significance, by gift, purchase, devise, bequest, or by any other means, and to preserve and administer such properties; and in the acquisition of such properties, to acquire property adjacent thereto deemed necessary for the proper use and administration of historic, aesthetic or cultural property;

c. apply all moneys, assets, property or other things of value it may receive as an incident to its operation to the general purpose of the trust;

d. cooperate with and assist, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purpose of the trust;

e. give any moneys or property held by the trust to the Secretary of State or the Commissioner of Environmental Protection on behalf of the State for purpose of administering, operating or maintaining the historic sites programs of the State of New Jersey; [and]

f. report annually to the Governor and the Legislature of the State of New Jersey its activities during the preceding year together with any recommendations or requests it deems appropriate to further the purpose of the trust. The annual report shall include a summary of the trust’s use of the fee-collection authority provided by subsection h. of this section. The summary shall include the following information:

(1) For conferences:

(a) a list of all conferences conducted during the preceding year for which fees were collected pursuant to subsection h. of this section;

(b) the dollar amount of actual costs incurred by the trust in connection with each conference listed in the summary;

(c) the dollar amount of fees collected pursuant to subsection h. of this section for each conference listed in the summary;

(d) the dollar amount of funds deposited as excess into the General Fund for each conference listed in the summary.

(2) For printed works:

(a) identification by author with title of each printed work for which fees were collected pursuant to subsection h. of this section;

(b) the actual cost of reprinting the printed work;

(d) the dollar amount of funds deposited as excess into the General Fund, for each printed work identified in the summary.

g. to apply for recognition as an organization that is exempt from federal taxation, pursuant to section 501(c)(3) of the Internal Revenue Code (26 U.S.C.s. 501(c)(3)), and to accept tax-deductable gifts, legacies, bequests, and endowments as provided pursuant to subsection a. of this section, and as allowed by the Internal Revenue Code. This authorization shall be deemed retroactive to June 21, 1967;

h. to collect fees for:

(1) admittance to any conference, seminar, exhibition, symposium, or similar meeting sponsored by the trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State;

(2) distribution to any individual or entity of a book, treatise, research study, monograph, or other printed work, CDRom, or DVD that has been authored or commissioned by the trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State.

i. to provide for the collection of fees under this section or by contract;

j. fees collected pursuant to paragraph (1) of subsection h. of this section shall be credited to the account from which the costs of the conference are paid and shall be available to pay the costs incurred by the trust in connection with its sponsorship of the conference, or to reimburse the trust for those costs. In the event that the total amount of fees collected exceeds the actual costs incurred by the trust in connection with its sponsorship of a conference, the amount of such excess shall be deposited in the General Fund as a miscellaneous receipt;

k. fees collected pursuant to paragraph (2) of subsection h. of this section shall be credited to the account from which the costs of reprinting the printed work are paid, and shall be available to pay the costs incurred by the trust to reprint the printed work, or to reimburse the trust for those costs. In the event the total amount of fees collected exceeds the actual costs incurred by the trust to reprint the printed work, the amount of such excess shall be deposited in the General Fund as a miscellaneous receipt.

(cf: P.L.1999, c.152, s.46)

2. Section 9 of P.L.1967, c.124 (C.13:1B-15.116) is amended to read as follows:

9. The trust may not acquire, hold, receive or accept any moneys or other property, real or personal, tangible or intangible, which will result in the incurrence of any financial obligations on the part of the State of New Jersey which cannot be supported entirely from funds available in the trust without the express approval of the [Secretary of State] Commissioner of Community Affairs [or] and the Legislature.

(cf: P.L.1999, c.152, s.48)

3. This act shall take effect immediately.

STATEMENT

This bill amends the original legislation the created the New Jersey Historic Trust to authorize it to seek recognition as a charitable tax-exempt non-profit organization under section 501(c)(3) of the Internal Revenue Code. If the Trust is awarded non-profit status, donors of personal and real property would receive the maximum federal tax deduction allowable under the United States Internal Revenue Code for donations of gifts, legacies, bequests, endowments, real property, and personal property. This benefit would apply to donations to the Trust made through the New Jersey Legacy Program and the Perpetual Easement Program.

This bill also amends current law to allow the Trust to charge and collect fees for admittance to any conference, seminar, exhibition, symposium, or other event sponsored by the Trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State. The Trust would also be authorized to recover costs associated with the publication and distribution of any book, treatise, research study, monograph, or other printed work that has been authored or commissioned by the Trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State. The fees would be used to offset the costs incurred by the Trust in connection with the sponsorship of the conference or costs associated with reproducing a printed work. Any surplus fees would be deposited in the Trust’s general fund.

Finally, this legislation transfers the authority for approving the Trust’s receipt or acceptance of any moneys or other property which will result in the incurrence of any financial obligations on the part of the State which cannot be supported entirely from funds available from either the Secretary of State or the Legislature to either the Commissioner of Community Affairs and the Legislature.