32. a. There is hereby created within the General Fund a restricted reserve fund to be known as the “Corporation Business Tax Excess Revenue Fund.” The State Treasurer shall credit to the “Corporation Business Tax Excess Revenue Fund,” on or before December 31 annually in 2003, 2004 and 2005, the amounts, if any, by which the State revenues derived from the corporation business tax in the prior fiscal year exceeded the target amount for that fiscal year; provided however, that if the total General Fund revenue for State Fiscal Year 2003 is less than the amount certified for that year, then the amount credited to the fund shall be reduced by that difference. Moneys credited to the “Corporation Business Tax Excess Revenue Fund” may be invested in the same manner as assets of the General Fund and any investment earnings on the “Corporation Business Tax Excess Revenue Fund” shall accrue to the “Corporation Business Tax Excess Revenue Fund.” For the purposes of section 3 of P.L.1990, c.44 (C. 52:9H-16), amounts credited to the “Corporation Business Tax Excess Revenue Fund” shall not be included in the determination of funds deposited in the General Fund.

b. Balances in the “Corporation Business Tax Excess Revenue Fund” may be appropriated by the Legislature during State fiscal year 2004 or 2005 in the event that the revenue collections from the corporation business tax are less than the target amount for that fiscal year.

c. If balances remain in the Corporation Business Tax Excess Revenue Fund on December 30, 2005, the Director of the Division of Taxation shall adjust proportionately the tax rates in section 5 of P.L.1945, c.162 (C. 54:10A-5) as it applies to privilege periods commencing during calendar year 2006 so as to reduce the expected revenue thereunder by an amount equal to the balance in the fund.

d. As used in this section, “target amount” means $1,823,000,000 for State fiscal year 2003, and for each State fiscal year thereafter means the target amount for the prior fiscal year multiplied by the weighted average rate of growth of the rate of growth of the State revenue collections pursuant to the “New Jersey Gross Income Tax Act,” N.J.S. 54A:1-1 et seq. and the State revenue collections pursuant to the “Sales and Use Tax Act,” P.L.1966, c.30 (C. 54:32B-1 et seq.), which weighted average rate of growth shall be measured by the amount of anticipated revenue from those two sources certified by the Governor upon approval of the annual appropriation act for the current fiscal year over both the amount of revenue from the “Sales and Use Tax Act,” P.L.1966, c.30 (C. 54:32B-1 et seq.) actually deposited in the General Fund in the immediately-preceding fiscal year and the amount of revenue from the “New Jersey Gross Income Tax Act,” N.J.S. 54A:1-1 et seq., actually deposited in the Property Tax Relief Fund in the immediately-preceding fiscal year, as determined from the annual financial report of the State for the fiscal year immediately preceding.

L.2002,c.40,s.32.