Bill Text: NJ A1810 | 2010-2011 | Regular Session | Introduced
Bill Title: Subjects certain shared service agreements to review of Attorney General; requires Division of Local Government Services to provide assistance with shared service agreements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A1810 Detail]
Download: New_Jersey-2010-A1810-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 12 (Mercer and Monmouth)
SYNOPSIS
Subjects certain shared service agreements to review of Attorney General; requires Division of Local Government Services to provide assistance with shared service agreements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning shared service agreements and amending P.L.2007, c.63.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2007, c.63 (C.40A:65-4) is amended to read as follows:
4. a. (1) Any local unit may enter into an agreement with any other local unit or units to provide or receive any service that each local unit participating in the agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purposes of any of the participating local units.
(2) Notwithstanding any law, rule or regulation to the contrary, any agreement between local units for the provision of shared services shall be entered into pursuant to sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.); provided, however, that agreements regarding shared services that are otherwise regulated by statute, rule, or regulation are specifically excluded from sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.).
(3) The board is authorized to render a decision in the determination of the statutory basis under which a specific shared service is governed.
b. Any agreement entered into pursuant to this section shall be subject to the prior review of the Attorney General at the request of any party to the agreement, and filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs, pursuant to rules and regulations promulgated by the director. The Director of the Division of Local Government Services shall provide such technical and logistical assistance as may be necessary in furtherance of the agreement, at the request of any party to the agreement.
(cf: P.L.2007, c.63, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill is intended to provide assistance to municipalities struggling to provide necessary services to their property taxpayers while experiencing minimal financial assistance in the form of State aid. Municipalities have a vested financial interest in entering into more efficient and cost-effective arrangements for the provision of necessary local services; consequently, the sharing of services by two or more municipalities has been encouraged and facilitated by the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35).
This bill provides further encouragement and assistance to municipalities seeking to enter into shared service agreements pursuant to the "Uniform Shared Services and Consolidation Act," by requiring the Director of the Division of Local Government Services in the Department of Community Affairs (DLGS) to provide any technical and logistical assistance that may be necessary in furtherance of the agreement, at the request of either party to the agreement. This will assure municipalities that they can avail themselves of the "field" knowledge and experience of DLGS while drafting shared service agreements, and avoid the sort of logistical difficulties that might have been resolved by DLGS in their prior work with municipalities.
The bill also assists municipalities seeking to enter into shared service agreements by making the legal expertise of the Attorney General's office available at the request of any party to a shared service agreement. This will assure municipalities that the legal details of their proposed shared services agreements will be duly reviewed, and ensure that the agreements are legally valid and binding.
