Bill Text: NJ A112 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes a "Local Authorities Review Commission."
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Housing and Local Government Committee [A112 Detail]
Download: New_Jersey-2012-A112-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
Assemblyman ALEX DECROCE
District 26 (Essex, Morris and Passaic)
Co-Sponsored by:
Assemblywoman McHose
SYNOPSIS
Establishes a "Local Authorities Review Commission."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing a local authorities review commission and supplementing P.L.1983, c.13 (C.40A:5A-1 et seq.)
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is created in the Division of Local Government Services in the Department of Community Affairs a permanent Local Authorities Review Commission. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Community Affairs, but notwithstanding that allocation, the commission is independent of any supervision or control by the department, division, or any board, office, or officer thereof, except as may be provided in this act. The commission is to consist of seven members appointed as follows: Three shall be appointed by the Governor with the advice and consent of the Senate, no more than two of whom shall be members of the same political party. The remaining four members shall be appointed by the Governor as follows: one upon recommendation of the President of the Senate, one upon recommendation of the Minority Leader of the Senate, one upon recommendation of the Speaker of the General Assembly, and one upon recommendation of the Minority Leader of the General Assembly. Preference shall be given to individuals with a background in local government.
Each member shall serve for a five-year term and until the member's successor is appointed and qualified; however, of the members first appointed pursuant to this section, two members shall serve for five years, one shall serve for four years, two shall serve for three years, and two shall serve for two years, as the Governor shall designate upon appointment. A member shall be eligible for reappointment. No member shall hold an elective public office or serve as a member of any local authority during the member's service as a member of the commission. Vacancies on the commission shall be filled for the unexpired terms in the same manner as the original appointments.
The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.
2. The commission shall organize as soon as may be practicable after the appointment of a majority of its members and shall select a chairperson from among the members. The members shall select a secretary, who need not be a member of the commission. The commission shall meet at the call of the chairperson and hold hearings and meetings at such places as the chairperson shall designate.
The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission, or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.
3. It shall be the duty of the commission to review on a periodic basis the operations of local authorities so that within 10 years of its organizational meeting it shall have reviewed each local authority in existence on the effective date of this act. The commission shall determine, as a result of its reviews, whether a reviewed authority should be abolished or have its operations consolidated with those of other authorities or its functions modified.
4. a. If the reviewed authority's statutory purpose and functions are deemed appropriate under the then present conditions, the commission shall determine whether the authority is properly carrying out its statutory functions. If the authority is not properly carrying out its statutory functions, the commission shall determine what remedial action is needed, including but not limited to removal of certain functions of the authority, merging or consolidation of the authority's functions with another local authority or modification of its functions.
b. If the reviewed authority's statutory purpose and functions are not deemed appropriate under present conditions, the commission shall determine what changes, if any, are desirable in the authority's enabling legislation. The recommended changes may include revision or repeal of the ordinance or resolution creating the authority, the abolishment of the authority, the merger of or consolidation of the authority with other authorities or agencies, or the modification of the authority's functions.
c. On May 1 of each year, the commission shall submit a report to the Governor and Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), including its findings from its periodic reviews and its recommendations, if any, based upon its determinations, which of the reviewed authorities should be abolished or which of the reviewed authorities should have its operations modified, merged, or consolidated with other authorities. The commission shall accompany its recommendations with any legislative proposals it recommends for adoption by the Legislature.
d. In making its recommendations to the Legislature, the commission may consider the reduction in expenditures or increase in effectiveness and efficiency that are likely to occur as a result of the proposed changes.
e. The powers conferred in this section upon the Governor and the Legislature shall be exercised with due regard for the rights of the holders of bonds and notes of any local authority at any time outstanding, and nothing in, or done pursuant to, this section shall limit, restrict or alter the obligation or powers of any local authority or any representative or officer of the authority to perform each covenant, agreement or contract made or entered into by or on behalf of the authority with respect to its bonds or notes or for the benefit, protection or security of the holders thereof.
5. This act shall take effect immediately.
STATEMENT
This bill establishes a permanent "Local Authorities Review Commission" which is to consist of seven members to serve for terms of five years. Three members are to be appointed by the Governor with the advice and consent of the Senate. The remaining four members are to be appointed by the Governor upon recommendation respectively of the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, and the Minority Leader of the General Assembly. No member is to hold an elective public office or to serve as a member of an authority while serving as a member of the commission.
It is the duty of the commission to review on a periodic basis the operation of local authorities so that within 10 years of its organizational meeting it will have reviewed each local authority in existence on the effective date of the bill becoming law. The reviews need not be as formal as full performance audits. Based upon its review the commission shall report on May 1 of each year its findings and recommendations, including legislative proposals, to the Governor and the Legislature, which recommendations may include abolishment of a local authority, its merger or consolidation with other existing authorities or modifications of the authority's functions.
The powers conferred in this bill upon the Governor and the Legislature shall be exercised with due regard for the rights of the holders of bonds and notes of any local authority at any time outstanding, and nothing in, or done pursuant to, this bill shall limit, restrict or alter the obligation or powers of any local authority or any representative or officer of the authority to perform each covenant, agreement or contract made or entered into by or on behalf of the authority with respect to its bonds or notes or for the benefit, protection or security of the holders thereof.
