Bill Text: NJ A3097 | 2012-2013 | Regular Session | Introduced
Bill Title: Transfers New Jersey Sports and Exposition Authority from DCA to Department of State.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2012-06-29 - Approved P.L.2012, c.15. [A3097 Detail]
Download: New_Jersey-2012-A3097-Introduced.html
Sponsored by:
Assemblyman CHRIS A. BROWN
District 2 (Atlantic)
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Transfers New Jersey Sports and Exposition Authority from DCA to Department of State.
CURRENT VERSION OF TEXT
As introduced.
An Act transferring the New Jersey Sports and Exposition Authority from the Department of Community Affairs to the Department of State and amending and supplementing P.L.1971, c.137 (C.5:10-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The New Jersey Sports and Exposition Authority, established as a public body corporate and politic in the Department of Community Affairs pursuant to section 4 of P.L.1971, c.137 (C.5:10-4), together with its functions, powers and duties, is transferred as a public body corporate and politic to the Department of State. The transfer made pursuant to this section shall be made in accordance with the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
2. Section 4 of P.L.1971, c.137 (C.5:10-4) is amended to read as follows:
4. a. There is hereby established in the Department of [Community Affairs] State a public body corporate and politic, with corporate succession, to be known as the "New Jersey Sports and Exposition Authority." The authority is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by [the act] P.L.1971, c.137 (C.5:10-1 et seq.) shall be deemed and held to be an essential governmental function of the State and the application of the revenue derived from the projects to the purposes provided in [this act] P.L.1971, c.137 (C.5:10-1 et seq.) shall be deemed and held to be applied in support of government.
b. The authority shall
consist of the State Treasurer, the President of the New Jersey Sports and
Exposition Authority, and a member of the [Hackensack] New Jersey
Meadowlands [Development] Commission, to be
appointed by the Governor, who shall be members ex officio, 11 members
appointed by the Governor with the advice and consent of the Senate, one member
appointed by the President of the Senate and one member appointed by the
Speaker of the General Assembly, for terms of four years. Each member shall
hold office for the term of [his] the member's
appointment and until [his] the member's
successor shall have been appointed and qualified. A member shall be eligible
for reappointment. Any vacancy in the membership occurring other than by
expiration of term shall be filled in the same manner as the
original appointment but for the unexpired term only.
c. Each appointed member may be removed from office by the Governor, for cause, after a public hearing, and may be suspended by the Governor pending the completion of such hearing. Each member before entering upon [his] the member's duties shall take and subscribe an oath to perform the duties of [his] the member's office faithfully, impartially and justly to the best of [his] the member's ability. A record of such oaths shall be filed in the office of the Secretary of State.
d. The [chairman] chair shall be appointed by the Governor from the members of the authority other than ex officio members, and the members of the authority shall elect one of their number as vice [chairman] chair thereof. The authority shall elect a secretary and a treasurer, who need not be members, and the same person may be elected to serve both as secretary and treasurer. The powers of the authority shall be vested in the members thereof in office from time to time and nine members of the authority shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the authority at any meeting thereof by the affirmative vote of at least eight members of the authority. No vacancy in the membership of the authority shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the authority.
e. Each member and the treasurer of the authority shall execute a bond to be conditioned upon the faithful performance of the duties of such member or treasurer, as the case may be, in such form and amount as may be prescribed by the Director of the Division of Budget and Accounting in the Department of the Treasury. Such bonds shall be filed in the office of the Secretary of State. At all times thereafter the members and treasurer of the authority shall maintain such bonds in full force and effect. All costs of such bonds shall be borne by the authority.
f. The members of the authority shall serve without compensation, but the authority shall reimburse its members for actual expenses necessarily incurred in the discharge of their duties. Notwithstanding the provisions of any other law, no officer or employee of the State shall be deemed to have forfeited or shall forfeit [his] the officer's or employee's office or employment or any benefits or emoluments thereof by reason of [his] the officer's or employee's acceptance of the office of ex officio member of the authority or [his] the officer's or employee's services therein.
g. Each ex officio member of the authority may designate an officer or employee of [his] the member's department or agency to represent [him] the member at meetings of the authority, and each such designee may lawfully vote and otherwise act on behalf of the member for whom [he constitutes] the designee is constituted. Any such designation shall be in writing delivered to the authority and shall continue in effect until revoked or amended by writing delivered to the authority.
h. The authority may be dissolved by act of the Legislature on condition that the authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the authority all property, funds and assets thereof shall be vested in the State.
i. A true copy of the minutes of every meeting of the authority shall be forthwith delivered by and under the certification of the secretary thereof to the Governor. No action taken at such meeting by the authority shall have force or effect until 15 days after such copy of the minutes shall have been so delivered unless during such 15-day period the Governor shall approve the same, in which case such action shall become effective upon such approval. If, in said 15-day period, the Governor returns such copy of the minutes with veto of any action taken by the authority or any member thereof at such meeting, such action shall be null and void and of no effect. The powers conferred in this subsection [I.] i. upon the Governor shall be exercised with due regard for the rights of the holders of bonds and notes of the authority at any time outstanding, and nothing in, or done pursuant to, this subsection [I.] i. shall in any way limit, restrict or alter the obligation or powers of the authority or any representative or officer of the authority to carry out and perform in every detail each and every covenant, agreement or contract at any time 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.
(cf: P.L.2004, c.116, s.13)
3. Section 5 of P.L.1977, c.137 (C.5:10-5) is amended to read as follows:
5. Except as otherwise limited by the act, the authority shall have power:
a. To sue and be sued;
b. To have an official seal and alter the same at pleasure;
c. To make and alter bylaws for its organization and internal management and for the conduct of its affairs and business;
d. To maintain an office at such place or places within the State as it may determine;
e. To acquire, hold, use and dispose of its income, revenues, funds and moneys;
f. To acquire, lease as lessee or lessor, rent, lease, hold, use and dispose of real or personal property for its purposes;
g. To borrow money and to issue its negotiable bonds or notes and to secure the same by a mortgage on its property or any part thereof, and to enter into any credit agreement, and otherwise to provide for and secure the payment of its bonds and notes and to provide for the rights of the holders thereof;
h. To make and enter into all contracts, leases, and agreements for the use or occupancy of its projects or any part thereof or which are necessary or incidental to the performance of its duties and the exercise of its powers under the act;
i. To make surveys, maps, plans for, and estimates of the cost of its projects;
j. To establish, acquire, construct, lease the right to construct, rehabilitate, repair, improve, own, operate, and maintain its projects, and let, award and enter into construction contracts, purchase orders and other contracts with respect thereto in such manner as the authority shall determine, subject only to the provisions of sections 1 through 3 of P.L.1981, c.447 (C.5:10-21.1 through 5:10-21.3) and section 3 of P.L.1987, c.318 (C.5:10-21.1a);
k. To fix and revise from time to time and charge and collect rents, tolls, fees and charges for the use, occupancy or services of its projects or any part thereof or for admission thereto, and for the grant of concessions therein and for things furnished or services rendered by the authority;
l. To establish and enforce rules and regulations for the use or operation of its projects or the conduct of its activities, and provide for the policing and the security of its projects;
m. To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or, except with respect to the State, by the exercise of the power of eminent domain, any land and other property, including land under water, meadowlands, and riparian rights, which it may determine is reasonably necessary for any of its projects or for the relocation or reconstruction of any highway by the authority and any and all rights, title and interest in such land and other property, including public lands, reservations, highways or parkways, owned by or in which the State or any county, city, borough, town, township, village, public corporation, or other political subdivision of the State has any right, title or interest, or parts thereof or rights therein and any fee simple absolute or any lesser interest in private property, and any fee simple absolute in, easements upon or the benefit of restrictions upon abutting property, to preserve and protect any project, except that the authority shall not have the right to exercise the power of eminent domain in connection with projects authorized under paragraphs (5), (6), and (7) of subsection a. of section 6 of P.L.1971, c.137 (C.5:10-6);
n. To provide through its employees, or by the grant of one or more concessions, or in part through its employees and in part by grant of one or more concessions, for the furnishing of services and things for the accommodation of persons admitted to or using its projects or any part thereof;
o. To hold and conduct horse race meetings for stake, purse or reward and to provide and operate a parimutuel system of wagering at such meetings, but subject only to the provisions of section 7 of the act;
p. To acquire, construct, operate, maintain, improve, and make capital contributions to others for transportation and other facilities, services and accommodations for the public's use of its projects and to lease or otherwise contract for the operation thereof;
q. Subject to any agreement with bondholders or noteholders, to invest moneys of the authority not required for immediate use, including proceeds from the sale of any bonds or notes, in such obligations, securities and other investments as the authority shall deem prudent;
r. To contract for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality or political subdivision thereof, or from any other source and to comply, subject to the provisions of the act, with the terms and conditions thereof;
s. Subject to any agreements with bondholders or noteholders, to purchase bonds or notes of the authority out of any funds or money of the authority available therefor, and to hold, cancel or resell such bonds or notes;
t. To appoint and employ a president, who shall be the chief executive officer, and such additional officers, who need not be members of the authority, and accountants, attorneys, financial advisors or experts and all such other or different officers, agents and employees as it may require and to determine their qualifications, terms of office, duties and compensation, all without regard to the provisions of Title 11A of the New Jersey Statutes; provided that it is the express intent of the Legislature that the authority within its sole discretion shall utilize, to the fullest extent feasible, the services of the officers, personnel and consultants of the Meadowlands Commission, in connection with its project in the Meadowlands complex;
u. To do and perform any acts and things authorized by the act, under, through, or by means of its officers, agents or employees or by contract with any person, firm or corporation;
v. To procure insurance against any losses in connection with its property, operations or assets, in such amounts and from such insurers as it deems desirable;
w. To do any and all things, including, but not limited to, the creation or formation of profit or not-for-profit corporations, necessary or convenient to carry out its purposes and exercise the powers given and granted in the act;
x. To determine the location, type and character of a project or any part thereof and all other matters in connection with all or any part of a project, notwithstanding any land use plan, zoning regulation, building code or similar regulation heretofore or hereafter adopted by the State, any municipality, county, public body politic and corporate, including but not limited to the Meadowlands Commission, or any other political subdivision of the State, except that all projects constructed after the effective date of this 1987 amendatory and supplementary act shall conform to the Barrier-Free Sub-Code promulgated as part of the State Uniform Construction Code pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.) and further excepted that the authority shall consult with the Meadowlands Commission before making any determination as to the location, type and character of any project under the jurisdiction of the Meadowlands Commission; [and]
y. To provide, with or without charge as it deems appropriate, through or by means of its officers, agents or employees, advisory, consulting, management or operating services to any political subdivision of the State, or any agency or instrumentality of the State or of any political subdivision of the State, with regard to a stadium, arena, concert hall or other sports or entertainment facility in operation as of January 1, 2004 and owned or operated by such entity as of January 1, 2004. ; and
z. To consult, collaborate, and work in partnership with the Division of Travel and Tourism and the Motion Picture and Television Development Commission to coordinate economic development and promotional and marketing efforts related to tourism, entertainment, sports, and related activities and to assist the division and the Commission in fulfilling their respective duties and responsibilities as prescribed by law.
(cf: P.L.2004, c.116, s.14)
4. This act shall take effect immediately.
STATEMENT
The bill transfers the New Jersey Sports and Exposition Authority (NJSEA) from the Department of Community Affairs to the Department of State (DOS) for the purpose of repositioning the NJSEA to coordinate and work collaboratively with the Motion Picture and Television Development Commission, presently existing in DOS's Business Action Center, and the Division of Travel and Tourism, also presently existing in DOS, on a wide range of sports, entertainment, and tourism issues in New Jersey.
