Bill Text: NJ S1663 | 2010-2011 | Regular Session | Introduced
Bill Title: Abolishes Department of the Public Advocate.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-09-13 - Withdrawn from Consideration [S1663 Detail]
Download: New_Jersey-2010-S1663-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
SYNOPSIS
Abolishes Department of the Public Advocate.
CURRENT VERSION OF TEXT
As introduced.
An Act abolishing the Department of the Public Advocate and transferring certain of its functions and supplementing, revising and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Department of the Public Advocate created by P.L.2005, c.155 (C.52:27EE-1 et al.) is abolished as a principal department in the Executive Branch of State Government and all of its functions, powers and duties, except as otherwise provided in this act, are hereby terminated.
b. The offices and terms of the Public Advocate, and of the assistants, deputies, and directors of the various divisions and offices of the Department of the Public Advocate, except as otherwise provided in this act, are hereby terminated.
c. Regulations of the Department of the Public Advocate concerning its organization, function, practice and procedure are void.
d. Communications between an individual client and an attorney in or engaged by the Department of the Public Advocate shall remain fully protected by the attorney-client privilege subsequent to the effective date of this act. The confidentiality of medical records and other documents maintained as confidential by the Department of the Public Advocate shall likewise be protected subsequent to the effective date of this act. Any record held by the department that includes information about the identity, care or treatment of any person seeking or receiving services from the department, or the identity of any person seeking services from the department on behalf of another person, shall not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection, copying, or the purchase of copies. Any person acting reasonably and in good faith who sought assistance from the department on behalf of another person shall be immune from civil or criminal liability that might otherwise be incurred or imposed and shall have the same immunity with respect to testimony given in any judicial proceeding resulting from that request for assistance.
e. This act shall not affect the tenure, compensation, and pension rights, if any, of the holder of a position not specifically abolished herein in office upon the effective date of this act, nor alter the term of a member of a board, commission, or public body, not specifically abolished herein, in office on the effective date of this act, or require the reappointment thereof.
f. The provisions of this act in and of themselves shall not be construed to create any new causes of action, or to authorize any suit against the Legislature or either House or the officers thereof.
g. Acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and repealed.
h. This act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
i. The Governor shall take such action by Executive Order, or other formal redesignation document, for the purpose of designating a private entity as the State's protection and advocacy agency for persons with mental illness or developmental disabilities.
j. The responsibility for all cases pending on the effective date of this act in which the Department of the Public Advocate is a party handled by divisions or offices being abolished shall be assumed by the Office of the Public Defender, unless the Public Defender, exercising discretion, determines that there are not sufficient resources to continue any particular litigation. In assuming responsibility for such cases, the Public Defender shall be bound by the terms of any orders, judgments, determinations or settlements in the same manner as its predecessor the Department of the Public Advocate.
k. The Office of the Public Defender may take such actions as the Governor shall by Executive Order, or other formal redesignation document, authorize for the purpose of coordinating and cooperating with any private entity designated by the Governor as the State's mental health protection and advocacy agency and protection and advocacy agency for persons with developmental disabilities.
2. Section 12 of P.L.2005, c.155 (C.52:27EE-12) is amended to read as follows:
12. Definitions.
As used in this act:
["administrative action" means and includes any action, omission, decision, recommendation, practice or procedure of an agency, but does not include the preparation, presentation or introduction of legislation;
"agency" means and includes the State of New Jersey and its principal departments, and any division, bureau, board, commission, agency, office, authority, or institution of the Executive Branch of the State government, or any other agency, including bi-state agencies, or any instrumentality created by the State, including counties, municipalities, or political subdivisions thereof, or any officer, employee, or member thereof acting or purporting to act in the exercise of his or her official duties, except the Governor and the Governor's personal staff and any portion of the Legislative Branch or Judicial Branch of State government;
"compensatory damages" means damages intended to make good the loss of an injured party, and no more. The term includes general and special damages, and does not include nominal, exemplary, or punitive damages;]
"consumer insurance rate increases" means prior approval rate increases for: personal lines property casualty coverages; Medicare supplemental coverages; or a rating system change pursuant to section 14 of P.L.1997, c.151 (C.17:29A-46.1 et seq.);
"correctional facility" means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey;
["department" means the Department of the Public Advocate established herein, unless the context clearly indicates otherwise;]
"elderly" means a person age 60 years or older;
["facility" whenever referred to in sections 61 through 65 of this act, means any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facilities include, but are not limited to, nursing homes, skilled nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, residential health care facilities, special hospitals, veterans' hospitals, chronic disease hospitals, psychiatric hospitals, mental hospitals, mental retardation centers or facilities, day care facilities for the elderly, and medical day care centers;
"funded entity" means any party to and beneficiary of contracts with the State or its political subdivisions, including any business, corporation, association, partnership, sole proprietorship, firm, trust, organization, unincorporated organization, individual, enterprise, or other legal entity receiving public funds;]
"indigent mental hospital admittee" means a person who has been admitted to and is a patient in a mental hospital, an institution for the care and treatment of the mentally ill, or a similar facility, whether public or private, State, county or local, or who is the subject of an action for admission as provided by P.L.1987, c.116 (C.30:4-27.1 et seq.) and who does not have the financial ability to secure competent representation and to provide all other necessary expenses of representation;
["institutionalized elderly" means any person 60 years of age or older, who is a patient, resident or client of any facility, as described herein;
"nominal damages" means damages that are designed to compensate a plaintiff and are less than $500;
"public employee" means an employee of a public entity, and includes a person participating, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey;
"public entity" means and includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State;]
"public interest" means an interest or right arising from the Constitution, decisions of court, common law or other laws of the United States or of this State inhering in the citizens of this State or in a broad class of such citizens;
"punitive damages" means and includes exemplary damages and means damages awarded against a party in a civil action because of aggravating circumstances in order to penalize and to provide additional deterrence against a defendant to discourage similar conduct in the future. Punitive damages do not include compensatory damages or nominal damages.
(cf: P.L.2005, c.155, s.12)
3. Section 21 of P.L.2005, c.155 (C.52:27EE-21) is amended to read as follows:
21. [Division of Citizen Relations;] Dispute Settlement Office; established.
There is hereby established in the [Division of Citizen Relations] Office of the Public Defender the Dispute Settlement Office.
(cf: P.L.2005, c.155, s.21)
4. Section 22 of P.L.2005, c.155 (C.52:27EE-22) is amended to read as follows:
22. Dispute Settlement Office; services.
a. The Dispute Settlement Office may provide, in the discretion of the Public [Advocate] Defender, mediation and other third party neutral services in the resolution of disputes which involve the public interest and may enter into agreements or contracts to carry out any of the purposes or functions of this section. The office may assist public or private parties in resolving disputes. The office is authorized to:
(1) facilitate the resolution of disputes through the provision of mediation and other neutral dispute resolution services;
(2) establish standards for the selection, assignment, and conduct of persons acting on behalf of the office in the resolution of disputes;
(3) conduct educational programs and provide other services designed to reduce the occurrence, magnitude, or cost of disputes;
(4) design, develop, or operate dispute resolution programs, or assist in improving or extending existing dispute resolution programs;
(5) work with the business ombudsman or advocate in the New Jersey Commerce and Economic Growth Commission and take such other action as will promote and facilitate dispute resolution in the State; and
(6) coordinate and cooperate with the Office of Administrative Law so as to avoid duplication of effort and to facilitate alternate resolution of disputes that would otherwise require administrative hearings.
b. The Public [Advocate] Defender may establish reasonable fees to be charged to public or private parties for the provision of the educational, consultation, dispute resolution, or other services authorized herein and may apply for and accept on behalf of the State any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or activities of the office. The Public [Advocate] Defender in the name of the State shall do all that is necessary and proper to receive or to collect all moneys due to the State, including such fees, grants, bequests, gifts, or contributions, by or reimbursement for services rendered pursuant to this section.
(cf: P.L.2005, c.155, s.22)
5. Section 23 of P.L.2005, c.155 (C.52:27EE-23) is amended to read as follows:
23. Dispute Settlement Office; transfer of functions.
All functions, powers and duties which had been vested in the Office of Dispute Settlement in the Division of Citizen[Complaints and Dispute Settlement] Relations in the Department of Public Advocate [prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.) and which were transferred by P.L.1994, c.58 (C.52:27E-50 et al.) to the Office of the Public Defender, and are now vested in the Office of the Public Defender,] are hereby transferred to and assumed by the Dispute Settlement Office of the [Division of Citizen Relations in the Department of the Public Advocate] Office of the Public Defender.
Whenever any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the [Office of] Dispute Settlement Office in the [Office of the Public Defender concerning functions, powers and duties which had been vested in the Office of Dispute Settlement in the Division of Citizen Complaints and Dispute Settlement in the Department of Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.) and are now vested in the Dispute Settlement Office of the Division of Citizen Relations in the] Department of the Public Advocate, the same shall mean and refer to the Dispute Settlement Office in the [Division of Citizens Relations in the Department of the Public Advocate] Office of the Public Defender.
(cf: P.L.2005, c.55, s.23)
6. Section 26 of P.L.2005, c.155 (C.52:27EE-26) is amended to read as follows:
26. Corrections Ombudsperson; transfer of functions.
a. All functions, powers, and duties now vested in the [Ombudsman] Corrections Ombudsperson in the Department of [Corrections, as referenced in N.J.A.C.10A:1-1.1 et seq.,] the Public Advocate are hereby transferred to and assumed by the Corrections Ombudsperson in the [Division of Citizen Relations in the] Department of [the Public Advocate] Corrections.
b. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the [Ombudsman] Ombudsperson in the Department of [Corrections concerning functions, powers, and duties which had been vested in the Ombudsman,] the Public Advocate the same shall mean and refer to the Corrections Ombudsperson in the [Division of Citizen Relations in the] Department of [the Public Advocate] Corrections.
(cf: P.L.2005, c.155, s.26)
7. Section 29 of P.L.2005, c.155 (C.52:27EE-29) is amended to read as follows:
29. Division of Mental Health Advocacy; established.
a. There is hereby established in the [Department of the Public Advocate] Office of the Public Defender a Division of Mental Health Advocacy to be under the supervision of the Director of the Division of Mental Health Advocacy.
b. The division is hereby designated as the State's mental health protection and advocacy agency. The [intent of this article is that the] division shall have all the powers necessary to carry out its responsibilities as required to quality for federal funding as the State protection and advocacy agency. [Until such designation is effectuated, the division may take such action as it deems appropriate for the purpose of coordinating with the private entity designated as the State's mental health protection and advocacy agency on the date of enactment of this act.]
(cf: P.L.2005, c.155, s.29)
8. Section 31 of P.L.2005, c.155 C.52:27EE-31) is amended to read as follows:
31. Division of Mental Health Advocacy; class actions.
The Director of the Division
of Mental Health Advocacy may represent, with the approval of the Public [Advocate] Defender,
the interests of indigent mental hospital admittees in such disputes and
litigation as will, in the discretion of the Public [Advocate] Defender, best advance the interests of
indigent mental hospital admittees as a class on an issue of general
application to them, and may act as representative of indigent mental hospital
admittees with any principal department or other instrumentality of State,
county or
local government.
(cf: P.L.2005, c.155, s.31)
9. Section 34 of P.L.2005, c.155 (C.52:27EE-34) is amended to read as follows:
34. Division of Mental Health Advocacy; financial status of client; investigation.
The Division of Mental Health Advocacy shall make such investigation of the financial status of each mental health client as the circumstances warrant. The division, pursuant to rules and regulations promulgated by the [department] Office of the Public Defender for this purpose, may obtain information from any public record, office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.
(cf: P.L.2005, c.155, s.34)
10. Section 35 of P.L.2005, c.155 (C.52:27EE-35) is amended to read as follows:
35. Division of Mental Health Advocacy; staff.
a. The Director of the Division of Mental Health Advocacy may employ, with the approval of the Public [Advocate] Defender, such assistants on a full-time basis as are necessary to protect the rights of persons with mental illness. When exceptional circumstances arise, the director may retain, with the approval of the Public [Advocate] Defender, on a temporary basis such other expert assistants as are necessary pursuant to a reasonable fee schedule established in advance by the Public [Advocate] Defender.
b. Cases shall be assigned to staff attorneys or attorneys hired by case on a basis calculated to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors.
c. Employees of the Division of Mental Health [Service] Advocacy in the Department of [Human Services] the Public Advocate who are client services representatives or patient advocates for the mentally ill providing patient advocacy services in State or county facilities that provide inpatient care, supervision and treatment for persons with mental illness, including psychiatric facilities, and the functions of such employees, are hereby transferred to the [Department of the Public Advocate] Office of the Public Advocate to be employees and functions thereof. The Public [Advocate] Defender through the Division of Mental Health Advocacy shall employ such persons and continue such functions in the manner the Public [Advocate] Defender and the director of the division shall deemed appropriate and necessary. These employees shall report to the division director and the Public [Advocate] Defender.
(cf: P.L.2005, c.155, s.35)
11. Section 36 of P.L.2005, c.155 (C.52:27EE-36) is amended to read as follows:
36. Division of Mental Health Advocacy; status of staff.
Independent contractors or other individuals, agencies, or entities not established in or employed by the [Department of the Public Advocate] Office of the Public Defender retained to provide protection and advocacy services to indigent mental hospital admittees, or designated to provide mental health protection and advocacy services, are not public entities or public employees for purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.
(cf: P.L.2005, c.155, s.36)
12. Section 37 of P.L.2005, c.155 (C.52:27EE-37) is amended to read as follows:
37. Division of Mental Health Advocacy; transfer of functions.
All functions, powers, and duties which had been vested in the Division of Mental Health Advocacy in the Department of the Public Advocate [prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.) and which are exercised by the private entity New Jersey Protection and Advocacy, Inc. or its successor, pursuant to designation by the Governor as the State's mental health protection and advocacy agency, or which were transferred by P.L.1994, c.58 (C.52:27E-50 et al.) to the Office of the Public Defender, and are now exercised by or vested in, as the case may be, the private entity or the Office of the Public Defender, including those related to any indigent mental hospital admittee's admission to, retention in, or release from confinement in a hospital, institution or facility,] are hereby transferred to and assumed by the Division of Mental Health Advocacy in the [Department of the Public Advocate except that the private entity shall exercise the functions, powers and duties as the State's mental health protection and advocacy agency until the designation of the division as the State's mental health protection and advocacy agency is effectuated] Office of the Public Defender.
Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the [private entity New Jersey Protection and Advocacy, Inc. or its successor, designated by the Governor as the State's mental health protection and advocacy agency, or the Office of the Public Defender, concerning functions, powers, and duties which had been vested in the] Division of Mental Health Advocacy in the Department of the Public Advocate [prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.) and are now vested in the private entity or the Office of the Public Defender], the same shall mean and refer to the Division of Mental Health Advocacy in the [Department of the Public Advocate, except that with regard to the private entity the reference shall be effective when the designation of the division as the State's mental health protection and advocacy agency is effectuated] Office of the Public Defender.
(cf: P.L.2005, c.155, s.37)
13. Section 46 of P.L.2005, c.155 (C.52:27EE-46) is amended to read as follows:
46. Division of Rate Counsel; established.
There is hereby established in the Department of the [Public Advocate] Banking and Insurance the Division of Rate Counsel to be under the supervision of the Director of the Division of Rate Counsel.
(cf: P.L.2005, c.155, s.46)
14. Section 47 of P.L.2005, c.155 (C.52:27EE-47) is amended to read as follows:
47. Director of the Division of Rate Counsel; staff.
a. The Director of the Division of Rate Counsel shall be an attorney-at-law of this State, appointed by the [Public Advocate] Governor.
b. When exceptional circumstances arise, the Director of the Division of Rate Counsel, with the approval of the [Public Advocate] Commissioner of the Department of Banking and Insurance, may on a temporary basis retain such expert assistants as are necessary to protect the public interest, pursuant to a reasonable fee schedule established in advance by the [Public Advocate] commissioner.
c. Cases shall be assigned to staff attorneys or to attorneys hired on a case by case basis calculated to provide competent representation in the light of the nature of the case, the services to be performed, the experience of the particular attorney, and other relevant factors.
(cf: P.L.2005, c.155, s.47)
15. Section 48 of P.L.2005, c.155 (C.52:27EE-48) is amended to read as follows:
48. Division of Rate Counsel; jurisdiction.
The Division of the Rate Counsel shall have the authority to conduct investigations, initiate studies, conduct research, present comments and testimony before governmental bodies, issue reports, and produce and disseminate consumer guides on any matters that fall within the Rate Counsel's jurisdiction. The Rate Counsel shall also have the authority to represent the public interest as set forth below.
a. Utilities. The Division of Rate Counsel may represent and protect the public interest [as defined in section 12 of this act] in proceedings before and appeals from any State department, commission, authority, council, agency, or board charged with the regulation or control of any business, industry, or utility regarding a requirement that the business, industry, or utility provide a service or regarding the fixing of a rate, toll, fare, or charge for a product or service. The Division of Rate Counsel may initiate any such proceedings when the director determines that a discontinuance or change in a required service or a rate, toll, fare, or charge for a product or service is in the public interest.
b. Insurance; limited jurisdiction. The [ Department of the Public Advocate] Division of Rate Counsel shall represent and protect the public interest with respect to insurance matters [through the Division of Rate Counsel , which may represent and protect the public interest as defined in section 12 of this act] in significant proceedings that pertain solely to prior approval rate increases for personal lines property casualty coverages or Medicare supplemental coverages. The Division of Rate Counsel shall have no jurisdiction or authority to participate or intervene in (1) expedited prior approval rate filings made by an insurer or affiliated group of insurers pursuant to section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35) , or (2) prior approval rate filings of seven percent or less, or (3) rule or form filings for any other form of insurance.
In determining, in his or her discretion, whether a proceeding is significant, the Director of the Division of Rate Counsel shall consider the following factors:
(1) the overall dollar impact of the requested increase, considering the filer's market share and the magnitude of the requested rate change;
(2) whether the increase, if granted, will increase the filer's rates significantly above market norms;
(3) whether the filer is advancing a significantly different alternate ratemaking methodology to the standard methodology established pursuant to section 8 of P.L.1988, c.119 (C.17:29A-36.2);
(4) whether the insurer is experiencing financial difficulties at its present rate level, as evidenced by the filing of rehabilitation proceedings, recent downgrading by insurance rating services, or significant losses reported on the filer's public financial statement.
[Upon the effective date of this act, the] The Director of the Division of Rate Counsel [in the Department of the Public Advocate] shall, in addition to the powers set forth in this act, have the express authority to intervene in public hearings pursuant to section 66 of P.L.1998, c.21 (C.17:29A-46.8).
(cf: P.L.2005, c.155, s.48)
16. Section 52 of P.L.2005, c.155 (C.52:27EE-52) is amended to read as follows:
52. Division of Rate Counsel; payment of expenses of division; annual utility assessment.
a. Annual utility assessment. The Division of Rate Counsel shall annually make an assessment against each public utility consistent with, but separate from, the Board of Public Utilities' assessments under the provisions of P.L.1968, c.173 (C.48:2-59 et seq.). All assessments due and owing to the Division of Rate Counsel as of the effective date [of this act] P.L.2005, c.155 (C.52:27EE-1 et seq.) shall be deemed due and owing to the Division of Rate Counsel in the Department of [the Public Advocate as of the effective date of this act] Banking and Insurance.
b. Calculation of annual utility assessment. The annual assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the Board of Public Utilities derived from intrastate operations during the preceding calendar year at a rate determined annually by the Director of the Division of Rate Counsel in the manner set forth in section 2 of P.L.1968, c.173 (C.48:2-60), except that the total amount assessed to any public utility shall not exceed � of 1 percent of the gross operating revenue subject to assessment hereunder. The minimum annual assessment under this section shall not be less than $500.
c. Levy and payment of annual assessment. The annual assessment set forth in subsections a. and b. above shall be levied by the Division of the Rate Counsel no later than August 15, and shall be paid within 30 days of mailing notice thereof and a statement of the amount by first class mail to any public utility [, except that for Fiscal Year 2006 this assessment shall be levied no later than August 1, 2005].
(cf: P.L.2005, c.155, s.52)
17. Section 53 of P.L.2005, c.155 (C.52:27EE-53) is amended to read as follows:
53. Division of Rate Counsel; payment of expenses of division; annual insurance assessment.
a. Annual insurance assessment. The Director of the Division of Budget and Accounting in the Department of the Treasury shall, on or before August 15 in each year, ascertain and certify to the Commissioner of Banking and Insurance by category the total amount of expenses incurred by the State in connection with the administration of the special functions of the Division of Rate Counsel [in the Department of the Public Advocate] relative to the expenses of the Division of Rate Counsel in connection with the administration of insurance rate cases during the preceding fiscal year. The Department of Banking and Insurance shall make a separate special assessment on lines of insurance subject to the jurisdiction of the Rate Counsel pursuant to subsection b. of section 48 of this act, on an annual basis, in accordance with the formula set forth in P.L.1995 c.156 (C.17:1C-19 et seq.).
b. Calculation of annual insurance assessment. The annual assessment shall be no more than a specified aggregate amount adjusted annually for inflation, which shall be calculated and applied separately from the maximum total assessment set forth in section 13 of P.L.1995, c.156 (C.17:1C-31). The amount collected for expenses pursuant subsection a. of this section, shall not exceed the amount appropriated by the Legislature for those expenses.
(cf: P.L.2005, c.155, s.53)
18. Section 54 of P.L.2005, c.155 (C.52:27EE-54) is amended to read as follows:
54. Division of Rate Counsel; transfer of powers and duties.
All functions, powers, and duties which had been vested in the Division of Rate Counsel in the Department of the Public Advocate [prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.) and which were transferred by P.L.1994, c.58 (C.52:27E-50 et al.) to the Department of Insurance and to the Division of the Ratepayer Advocate established by Reorganization Plan 94-001,] are hereby transferred to and assumed by the Division of Rate Counsel in the Department of [the Public Advocate] Banking and Insurance.
Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the [Department of Banking and Insurance, or to the Division of the Ratepayer Advocate concerning functions, powers and duties which had been vested in the] Division of Rate Counsel in the Department of the Public Advocate [prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.)], the same shall mean and refer to the Division of Rate Counsel in the Department of [the Public Advocate] Banking and Insurance.
(cf: P.L.2005, c.155, s.54)
19. Section 65 of P.L.2005, c.155 (C.52:27EE-65) is amended to read as follows:
65. Ombudsperson for the Institutionalized Elderly; transfer to Department of [the Public Advocate] Community Affairs.
[a. There is hereby established in the Division of Elder Advocacy in the Department of the Public Advocate an Ombudsperson for the Institutionalized Elderly.
b. The Ombudsperson for the Institutionalized Elderly shall be appointed by the Public Advocate.
c.] All functions, powers, and duties now vested in the [Office of the Ombudsman] Ombudsperson for the Institutionalized Elderly [pursuant to P.L.1977, c.239 (C.52:27G-1 et seq.)] in the Department of the Public Advocate are hereby transferred to and assumed by the Ombudsperson for the Institutionalized Elderly in, but not of, the Department of [the Public Advocate] Community Affairs.
Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the [Office of the Ombudsman] Ombudsperson for the Institutionalized Elderly in[, but not of,] the Department of [Community Affairs, or the Office of the Ombudsman for the Institutionalized Elderly in, but not of, the Department of Health and Senior Services, or Nursing Home Ombudsman in Department of Community Affairs] the Public Advocate, the same shall mean and refer to the Ombudsperson for the Institutionalized Elderly in, but not of, the Department of [the Public Advocate] Community Affairs.
(cf: P.L.2005, c.155, s.65)
20. Section 66 of P.L.2005, c.155 (C.52:27EE-66) is amended to read as follows:
66. Office of the Child Advocate; established.
There is established the Office of the Child Advocate in the Executive Branch of the State Government. For purposes of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office is allocated within the Department of the [Public Advocate] Treasury, but notwithstanding the allocation, the office shall be independent of any supervision or control by the department, or a division, office or officer thereof, in the performance of its duties.
(cf: P.L.2005, c.155, s.66)
21. Section 68 of P.L.2005, c.155 (C.52:27EE-68) is amended to read as follows:
68. Office of Child Advocate; purpose; consultation.
a. The child advocate shall seek to ensure the provision of effective, appropriate and timely services for children at risk of abuse and neglect in the State, and that children under State supervision due to abuse or neglect are served adequately and appropriately by the State.
b. The Office of the Child Advocate shall be deemed a child protective agency for the purposes of section 1 of P.L.1977, c.102 (C.9:6-8.10a).
[c. The child advocate shall consult with the Public Advocate prior to exercising his duties by commencing an investigation, legal proceeding, inspection, evaluation or other matter that may be co-extensive with the duties of the Public Advocate or of a division of the Department of the Public Advocate. The purpose of the consultation shall be to provide the Public Advocate with an opportunity to assist or collaborate with the child advocate on such investigation, legal proceeding, inspection, evaluation or other matter if the extent of the assistance or collaboration is within the powers and duties of the Public Advocate or of a division as those powers and duties are provided in this act. This requirement to consult the Public Advocate or the failure to do so in a timely manner shall not preclude or serve to restrict the child advocate in the performance of his duties at his discretion.]
(cf: P.L.2005, c.155, s.68)
22. Section 75 of P.L.2005, c.155 (C.52:27EE-75) is amended to read as follows:
75. Office of the Child Advocate; reports.
The child advocate shall report annually to the Governor, [the Public Advocate], the Commissioners of Human Services and Children and Families, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature on: the activities of the office; priorities for children's services that have been identified by the child advocate; and recommendations for improvement or needed changes concerning the provision of services to children who are at risk of abuse or neglect, and are in State or institutional custody or receive child protective or permanency services by State agencies and State-funded private entities.
The annual report shall be made available to the public.
(cf: P.L.2006, c.47, s.196)
23. Section 76 of P.L.2005, c.155 (C.52:27EE-76) is amended to read as follows:
76. Office of the Child Advocate; disclosure; confidentiality.
a. The child advocate shall make public its findings of investigation reports or other studies undertaken by the office, including its investigatory findings to complaints received pursuant to section 70 of this act, and shall forward any publicly reported findings to the Governor, the Legislature, [the Public Advocate], the Commissioners of Human Services and Children and Families, the affected public agencies and the Governor's Cabinet for Children.
b. The child advocate shall not disclose:
(1) any information that would likely endanger the life, safety, or physical or emotional well-being of a child or the life or safety of a person who filed a complaint or which may compromise the integrity of a State or county department or agency investigation, civil or criminal investigation or judicial or administrative proceeding; and
(2) the name of or any other information identifying the person who filed a complaint with, or otherwise provided information to, the office without the written consent of that person.
The information subject to the provisions of this subsection shall not be considered a public record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
c. The child advocate shall not disclose any information that may be deemed confidential by federal or State law, except when necessary to allow the [Department of the Public Advocate,] Department of Human Services, Department of Children and Families, Attorney General, Juvenile Justice Commission and other State or county department or agency to perform its duties and obligations under the law.
(cf: P.L.2006, c.47, s.197)
24. Section 77 of P.L.2005, c.155 (C.52:27EE-77) is amended to read as follows:
77. Office of the Child Advocate; transfer of functions.
All functions, powers, and duties now vested in the Office of the Child Advocate [pursuant to P.L.2003, c.187 (C.52:17D-1 et seq.)] in, but not of, the Department of the Public Advocate are transferred to and assumed by the Office of the Child Advocate allocated in, but not of, the Department of the [Public Advocate] Treasury.
Whenever, in any law, rule, regulation, order, plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Office of the Child Advocate in, but not of, the Department of [Law and Public Safety] the Public Advocate, the same shall mean and refer to the Office of the Child Advocate allocated in, but not of, the Department of the [Public Advocate] Treasury.
(cf: P.L.2005, c.155, s.77)
25. Section 3 of P.L.1977, c.239 (C.52:27G-3) is amended to read as follows:
3. There is established [in] the [Department of the Public Advocate the] Ombudsperson for the Institutionalized Elderly. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Ombudsperson for the Institutionalized Elderly is hereby allocated to the Department of Community Affairs, but, notwithstanding this allocation, the office shall be independent of any supervision or control by the department or by any board or officer thereof.
(cf: P.L.2005, c.155, s.86)
26. Section 4 of P.L.1977, c.239 (C.52:27G-4) is amended to read as follows:
4. The administrator and chief executive officer of the office shall be the Ombudsperson, who shall be a person qualified by training and experience to perform the duties of the office. The ombudsperson shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the ombudsperson's successor. He shall devote his entire time to the duties of his position and shall receive such salary as shall be provided by law. A vacancy occurring in the position of ombudsperson shall be filled in the same manner as the original appointment if the ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the Governor shall appoint an acting ombudsperson who shall serve until the appointment and qualification of the ombudsperson successor, but in no event longer than six months from the occurrence of the vacancy, and who shall exercise during such period all the powers and duties of the ombudsperson.
(cf: P.L.2005, c.155, s.87)
27. Section 1 of P.L.1986, c.205 (C.30:1A-4) is amended to read as follows:
1. a. There is established in, but not of, the Department of Human Services the New Jersey Boarding Home Advisory Council. The council shall consist of 14 members, to be appointed by the Commissioner of Human Services in consultation with the Commissioners of Community Affairs and Health and Senior Services, the Public [Advocate] Defender, [and] the Public Guardian for Elderly Adults and the Ombudsperson for the Institutionalized Elderly, as follows: two persons who own or operate a boarding house as defined in P.L.1979, c.496 (C.55:13B-1 et al.); two persons who own or operate a residential health care facility as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); two persons who currently reside in a boarding house or a residential health care facility; one person who is a member of the organization which represents operators of boarding houses or residential health care facilities, or both; one person who represents the health care professions; one person who represents a county office on aging; one person who represents a municipal building code department; one person who represents an organization or agency which advocates for mentally ill persons in this State; one person who represents an organization or agency which advocates for physically disabled persons in this State; and two other members who shall be chosen from among persons whose work, knowledge or interest relates to boarding houses or residential health care facilities and the residents thereof, including but not limited to municipal and county elected officials, county prosecutors, social workers, and persons knowledgeable about fire prevention standards and measures needed to assure safety from structural, mechanical, plumbing and electrical deficiencies in boarding houses and residential health care facilities. In addition, the Chairman of the General Assembly Standing Reference Committee on Health and Human Services and the Chairman of the Senate Standing Reference Committee on Health, Human Services and Senior Citizens or their designees shall serve as ex officio members of the council.
b. The terms of office of each appointed member shall be three years, but of the members first appointed, two shall be appointed for a term of one year, five for terms of two years, and seven for terms of three years. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the council shall not receive any compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties as members of the council.
(cf: P.L.2005, c.155, s.88)
28. Section 3 of P.L.1976, c.120 (C.30:13-3) is amended to read as follows:
3. Every nursing home shall have the responsibility for:
a. Maintaining a complete record of all funds, personal property and possessions of a nursing home resident from any source whatsoever, which have been deposited for safekeeping with the nursing home for use by the resident. This record shall contain a listing of all deposits and withdrawals transacted, and these shall be substantiated by receipts given to the resident or his guardian. A nursing home shall provide to each resident or his guardian a quarterly statement which shall account for all of such resident's property on deposit at the beginning of the accounting period, all deposits and withdrawals transacted during the period, and the property on deposit at the end of the period. The resident or his guardian shall be allowed daily access to his property on deposit during specific periods established by the nursing home for such transactions at a reasonable hour. A nursing home may, at its own discretion, place a limitation as to dollar value and size of any personal property accepted for safekeeping.
b. Providing for the spiritual needs and wants of residents by notifying, at a resident's request, a clergyman of the resident's choice and allowing unlimited visits by such clergyman. Arrangements shall be made, at the resident's expense, for attendance at religious services of his choice when requested. No religious beliefs or practices, or any attendance at religious services, shall be imposed upon any resident.
c. Admitting only that number of residents for which it reasonably believes it can safely and adequately provide nursing care. Any applicant for admission to a nursing home who is denied such admission shall be given the reason for such denial in writing.
d. Ensuring that an applicant for admission or a resident is treated without discrimination as to age, race, religion, sex or national origin. However, the participation of a resident in recreational activities, meals or other social functions may be restricted or prohibited if recommended by a resident's attending physician in writing and consented to by the resident.
e. Ensuring that no resident shall be subjected to physical restraints except upon written orders of an attending physician for a specific period of time when necessary to protect such resident from injury to himself or others. Restraints shall not be employed for purposes of punishment or the convenience of any nursing home staff personnel. The confinement of a resident in a locked room shall be prohibited.
f. Ensuring that drugs and other medications shall not be employed for purposes of punishment, for convenience of any nursing home staff personnel or in such quantities so as to interfere with a resident's rehabilitation or his normal living activities.
g. Permitting citizens, with the consent of the resident being visited, legal services programs, employees of the [Department of the Public Advocate, and employees of the private entity, if any, designated by the Governor as the State's mental health protection and advocacy agency] Office of the Public Defender, whose purposes include rendering assistance without charge to nursing home residents, full and free access to the nursing home in order to visit with and make personal, social and legal services available to all residents and to assist and advise residents in the assertion of their rights with respect to the nursing home, involved governmental agencies and the judicial system.
(1) Such access shall be permitted by the nursing home at a reasonable hour.
(2) Such access shall not substantially disrupt the provision of nursing and other care to residents in the nursing home.
(3) All persons entering a nursing home pursuant to this section shall promptly notify the person in charge of their presence. They shall, upon request, produce identification to substantiate their identity. No such person shall enter the immediate living area of any resident without first identifying himself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident shall have the right to terminate a visit by a person having access to his living area pursuant to this section at any time. Any communication whatsoever between a resident and such person shall be confidential in nature, unless the resident authorizes the release of such communication in writing.
h. Ensuring compliance with all applicable State and federal statutes and rules and regulations.
i. Ensuring that every resident, prior to or at the time of admission and during his stay, shall receive a written statement of the services provided by the nursing home, including those required to be offered by the nursing home on an as-needed basis, and of related charges, including any charges for services not covered under Title XVIII and Title XIX of the Social Security Act, as amended, or not covered by the nursing home's basic per diem rate. This statement shall further include the payment, fee, deposit and refund policy of the nursing home.
j. Ensuring that a prospective resident or the resident's family or guardian receives a copy of the contract or agreement between the nursing home and the resident prior to or upon the resident's admission.
(cf: P.L.2005, c.155, s.89)
29. Section 4 of P.L.1992, c.111 (C.30:4C-69) is amended to read as follows:
4. The Commissioner of Children and Families shall develop an interdepartmental plan for the implementation of an individualized, appropriate child and family driven care system for children with special emotional needs and for the reduction of inappropriate use of out-of-home placements of these children. The plan shall first address children ready to be returned from in-State and out-of-State residential facilities, and those at imminent risk of extended out-of-home placement. The commissioner shall consult with appropriate representatives from the State departments of Education, Human Services, Corrections, Health and Senior Services, Community Affairs and [the Public Advocate], the Child Advocate, [the private entity, if any, designated by the Governor as the State's mental health protection and advocacy agency,] the Statewide Children's Coordinating Council in the Department of Children and Families, the Administrative Office of the Courts, and Statewide family advocacy groups, in the development of the plan.
(cf: P.L.2006, c.47, s.144)
30. Section 14 of P.L.1944, c.27 (C.17:29A-14) is amended to read as follows:
14. a. With regard to all property and casualty lines, a filer may, from time to time, alter, supplement, or amend its rates, rating systems, or any part thereof, by filing with the commissioner copies of such alterations, supplements, or amendments, together with a statement of the reason or reasons for such alteration, supplement, or amendment, in a manner and with such information as may be required by the commissioner. If such alteration, supplement, or amendment shall have the effect of increasing or decreasing rates, the commissioner shall determine whether the rates as altered thereby are reasonable, adequate, and not unfairly discriminatory. If the commissioner shall determine that the rates as so altered are not unreasonably high, or inadequate, or unfairly discriminatory, he shall make an order approving them. If he shall find that the rates as altered are unreasonable, inadequate, or unfairly discriminatory, he shall issue an order disapproving such alteration, supplement or amendment.
b. (Deleted by amendment, P.L.1984, c.1.)
c. If an insurer or rating organization files a proposed alteration, supplement or amendment to its private passenger automobile insurance rating system, or any part thereof, the commissioner shall transmit the filing to the appropriate office in the Division of Insurance, which office shall issue a preliminary determination within 90 days of receipt of a rate filing, except that the commissioner may, for good cause, extend the time for a preliminary determination by not more than 30 days. The preliminary determination shall set forth the basis for accepting, rejecting or modifying the rates as filed. A copy of the preliminary determination shall be provided to the filer and other interested parties. Unless the filer or other interested party [, including the Public Advocate,] requests a hearing, the commissioner may adopt the preliminary determination as final within 30 days of the preliminary determination. If a hearing is requested, it shall proceed on an expedited basis in accordance with the provisions of this section. If a preliminary determination is not made within the time provided, a filing shall be transmitted to the Office of Administrative Law for a hearing and the commissioner shall adopt the determination of the administrative law judge as a final decision on the filing.
For filings other than private passenger automobile, if an insurer or rating organization files a proposed alteration, supplement or amendment to its rating system, or any part thereof, which would result in a change in rates, the commissioner may, or upon the request of the filer or the appropriate office in the Division of Insurance shall, certify the matter for a hearing. The hearing shall, at the commissioner's discretion, be conducted by himself, by a person appointed by the commissioner pursuant to section 26 of P.L.1944, c.27 (C.17:29A-26), or by the Office of Administrative Law, created by P.L.1978, c.67 (C.52:14F-1 et seq.), as a contested case. The following requirements shall apply to the hearing:
(1) The hearing shall commence within 30 days of the date of the request or decision that a hearing is to be held. The hearing shall be held on consecutive working days, except that the commissioner may, for good cause, waive the consecutive working day requirement. If the hearing is conducted by an administrative law judge, the administrative law judge shall submit his findings and recommendations to the commissioner within 30 days of the close of the hearing. The commissioner may, for good cause, extend the time within which the administrative law judge shall submit his findings and recommendations by not more than 30 days. A decision shall be rendered by the commissioner not later than 60 days, or, if he has granted a 30-day extension, not later than 90 days, from the close of the hearing. A filing shall be deemed to be approved unless rejected or modified by the commissioner within the time period provided herein.
(2) The commissioner, or the Director of the Office of Administrative Law, as appropriate, shall notify all interested parties, [including the Public Advocate] on behalf of insurance consumers, of the date set for commencement of the hearing, on the date of the filing of the request for a hearing, or within 10 days of the decision that a hearing is to be held.
(3) The insurer or rating organization making a filing on which a hearing is held shall bear the costs of the hearing.
(4) The commissioner may promulgate rules and regulations (a) to establish standards for the submission of proposed filings, amendments, additions, deletions and alterations to the rating system of filers, which may include forms to be submitted by each filer; and (b) making such other provisions as he deems necessary for effective implementation of this act.
d. (Deleted by amendment, P.L.1984, c.1.)
e. (Deleted by amendment, P.L.2003, c.89.)
[f. The notice provisions set forth in section 51 of the Public Advocate Restoration Act of 2005, P.L.2005, c.155 (C.52:27EE-51), shall apply to this section.]
(cf: P.L.2005, c.155, s.91)
31. Section 66 of P.L.1998, c.21 (C.17:29A-46.8) is amended to read as follows:
66. a. For the purposes of this section:
"Qualified person" means a person qualified by the Commissioner of Banking and Insurance to intervene in public hearings pursuant to this section, who shall be deemed a "public servant" within the meaning of N.J.S.2C:30-2;
"Rate filing" means a filing for a rate increase by an automobile insurer writing private passenger automobile insurance in this State, other than an expedited prior approval rate filing made pursuant to section 34 of P.L.1997, c.151 (C.17:29A-46.6) and other than a rate filing made pursuant to any statutory change in coverage provided under a policy of private passenger automobile insurance.
b. The Commissioner of Banking and Insurance shall establish standards for qualifying persons to intervene in rate filings pursuant to this section. The standards shall include, but shall not necessarily be limited to, requiring that any person intervening in a rate filing demonstrate: (1) expertise in the insurance laws of this State; (2) an understanding of the actuarial principles employed in establishing rates and rating systems; (3) sufficient access to a qualified actuary and sufficient expertise to conduct a technical examination of a rate filing; (4) sufficient resources to intervene in the rate filing process as provided herein; and (5) that the person represents the interest of consumers and accepts a duty of fidelity to do so.
c. The commissioner shall require such documentation as he determines is necessary to qualify a person to intervene in a rate filing, and may charge a fee for registration with the department as an intervenor, which fee shall be payable annually.
d. The commissioner may remove the registration of an intervenor if he determines that (1) the intervenor no longer meets the qualifications, or (2) if the intervenor is convicted of a crime or loses a professional license for misconduct.
e. If an insurer or rating organization files for a rate increase for private passenger automobile insurance, the commissioner shall notify the public of the proposed rate change in a newspaper or newspapers of general circulation throughout the State. A qualified person may request, and shall receive, a copy of the rate filing and any amendments and supplements thereto and shall pay the expenses in connection therewith. The qualified person may request that the commissioner certify the rate filing for a hearing pursuant to section 14 of P.L.1944, c.27 (C.17:29A-14).
f. The commissioner shall establish by regulation the terms and conditions under which the proceedings under this section shall be conducted, including, but not limited to the supporting material which shall accompany the intervention.
g. Upon determining that the intervenor has demonstrated that the qualified person has made a substantial contribution to the adoption of any order or decision by the commissioner or a court in connection with a rate filing made pursuant to this section, the commissioner shall award reasonable advocacy and witness fees and expenses.
h. A person commits a crime of the third degree if he solicits, accepts or agrees to accept any benefits as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject pursuant to this section. In addition to any disposition authorized by law, the Commissioner of Banking and Insurance shall forever bar from registration as an intervenor any person convicted under this subsection.
i. A person commits a crime of the third degree if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under this section. In addition to any disposition authorized by law, the Commissioner of Banking and Insurance shall deny the rate filing of any person convicted under this subsection and the person shall be barred from filing for any rate increase for a period of one year.
j. Nothing herein shall be construed to preclude a prosecution or conviction for a violation of any other law.
[k. This section shall expire 180 days after the effective date of the Public Advocate Restoration Act of 2005, P.L.2005, c.155 (C.52:27EE-1 et al.)]
(cf: P.L.2005, c.155, s.92)
32. Section 1 of P.L.1974 c.55 (C.52:14-15.107) is amended to read as follows:
1. Notwithstanding the provisions of the annual appropriations act and section 7 of P.L.1974, c.55 (C.52:14-15.110), the Governor shall fix and establish the annual salary, not to exceed $133,330 in calendar year 2000, $137,165 in calendar year 2001 and $141,000 in calendar year 2002 and thereafter, for each of the following officers:
Title
Agriculture Department
Secretary of Agriculture
Children and Families Department
Commissioner of Children and Families
Community Affairs Department
Commissioner of Community Affairs
Corrections Department
Commissioner of Corrections
Education Department
Commissioner of Education
Environmental Protection Department
Commissioner of Environmental Protection
Health and Senior Services Department
Commissioner of Health and Senior
Services
Human Services Department
Commissioner of Human Services
Banking and Insurance Department
Commissioner of Banking and Insurance
Labor and Workforce Development Department
Commissioner of Labor and Workforce Development
Law and Public Safety Department
Attorney General
Military and Veterans' Affairs Department
Adjutant General
State Department
Secretary of State
Transportation Department
Commissioner of Transportation
Treasury Department
State Treasurer
Members, Board of Public Utilities
[Public Advocate Department
Public Advocate]
(cf: P.L.2008, c.29, s.106)
33. Section 12 of P.L.1980, c.125 (C.56:12-12) is amended to read as follows:
12. The Office of the Attorney General, the Division of Consumer Affairs, [the Department of the Public Advocate,] the Commissioner of Banking and Insurance, in regard to contracts of insurance provided for in subsection c. of section 1 of this act (C.56:12-1), or any interested person may seek injunctive relief. The court may authorize reasonable attorney's fees, not to exceed $2,500.00, and court costs in such a proceeding.
(cf: P.L.2005, c.155, s.96)
34. Section 1 of P.L.1981, c.347 (C.58:11-59) is amended to read as follows:
1. a. Whenever a small water company or a small sewer company, or both, are found to have failed to comply with any unstayed order of the Department of Environmental Protection concerning the availability of water, the potability of water, or the provision of water at adequate volume and pressure, or any unstayed order finding a small water company or a small sewer company or both a significant noncomplier or requiring the abatement of a serious violation, as those terms are defined pursuant to section 3 of P.L.1977, c.74 (C.58:10A-3), which the department is authorized to enforce pursuant to Title 58 of the Revised Statutes, the department and the Board of Public Utilities, [and the Department of the Public Advocate,] may, after 30 days' notice to capable proximate public or private water or sewer companies, municipal utilities authorities established pursuant to P.L.1957, c.183 (C.40:14B-1 et seq.), municipalities or any other suitable public or private entities wherein the small water company, small sewer company, or both, provide service, conduct a joint public hearing to announce: the actions that may be taken and the expenditures that may be required, including acquisition costs, to make all improvements necessary to assure the availability of water, the potability of water and the provision thereof at adequate volume and pressure, and the compliance with all applicable federal and State water pollution control requirements for a small sewer company, including, but not necessarily limited to, the acquisition of the small water company or small sewer company, or both, by the most suitable public or private entity.
At the hearing the department and the board shall state the costs that are expected to be borne by the current users of the small water company, small sewer company, or both. The department shall propose an administrative consent order setting forth an agreed upon time schedule by which the acquiring entity would be required to make improvements required to resolve existing violations of federal and State safe drinking water and water pollution control statutes and regulations. The administrative consent order shall stipulate that the acquiring entity shall not be liable for any fines or penalties for continuing violations arising from the deficiencies, obsolescence or disrepair of the facilities at the time of the acquisition, provided that:
(1) the stipulation shall be conditioned upon compliance by the acquiring entity with the time frames established for improving the facilities and eliminating the existing violations; and
(2) the stipulation shall not include any violation to the extent caused by operational error, lack of preventive maintenance or careless or improper operation by the acquiring entity.
Under no circumstances shall the acquiring entity be liable for violations occurring prior to the acquisition.
At the conclusion of a hearing conducted pursuant to this section the record of the hearing shall be kept open for 30 days to allow for the submission of additional comments.
b. As used in sections 1 through 4 of P.L.1981, c.347 (C.58:11-59 through 58:11-62):
"Small water company" means any company, purveyor or entity, other than a governmental agency, that provides water for human consumption and which regularly serves less than 1,000 customer connections ; and
"Small sewer company" means any company, business, or entity, other than a governmental agency, which is a public utility as defined pursuant to R.S.48:2-13, that collects, stores, conveys, or treats primarily domestic wastewater, and that regularly serves less than 1,000 customer connections.
(cf: P.L.2005, c.155, s.97)
35. Section 5 of P.L.1985, c.37 (C.58:26-5) is amended to read as follows:
5. A contracting unit which intends to enter into a contract with a private vendor for the provision of water supply services pursuant to the provisions of this act shall notify, at least 60 days prior to issuing a request for qualifications from interested vendors pursuant to section 6 of this act, the division, the department and the Board of Public Utilities [and the Department of the Public Advocate] of its intention, and shall publish notice of its intention in at least one newspaper of general circulation in the jurisdiction which would be served under the terms of the proposed contract.
(cf: P.L.2005, c.155, s.98)
36. Section 11 of P.L.1985, c.37 (C.58:26-11) is amended to read as follows:
11. Upon designating the selected vendor or vendors pursuant to section 10 of this act, a contracting unit shall negotiate with the selected vendor or vendors a proposed contract, which shall include the accepted proposal and the provisions required pursuant to section 15 of this act. Upon negotiating a proposed contract, the contracting unit shall make the proposed contract available to the public at its main offices, and shall transmit a copy of the proposed contract to the division, the department, and the Board of Public Utilities [and the Department of the Public Advocate].
(cf: P.L.2005, c.155, s.99)
37. Section 12 of P.L.1985, c.37 (C.58:26-12) is amended to read as follows:
12. a. A contracting unit shall conduct a public hearing or hearings on the charges, rates, or fees, or the formula for determining these charges, rates, or fees, and the other provisions contained in a proposed contract negotiated pursuant to section 11 of this act. The contracting unit shall provide at least 90 days' public notice of this public hearing to [the Department of the Public Advocate,] prospective consumers and other interested parties. This notice shall be published in at least one newspaper of general circulation in the jurisdiction to be served under the terms of the proposed contract. Within 45 days after giving notice of the public hearing, the contracting unit shall hold a meeting with prospective consumers and other interested parties to explain the terms and conditions of the proposed contract, and to receive written questions which will be part of the record of the public hearing. At the public hearing, the selected vendor or vendors shall be present, and the contracting unit shall have the burden to answer the questions received at the meeting, and to show that the proposed contract complies with the provisions of section 15 of this act, and that it constitutes the best means of securing the required water supply services among available alternatives. The contracting unit shall provide that a verbatim record be kept of the public hearing, and that a written transcript of this record be printed and made available to the public within 30 days of the close of the public hearing. After the public hearing the contracting unit and the vendor may agree to make changes to the proposed contract, and shall transmit the proposed contract, a copy of the printed transcript of the public hearing, and a statement summarizing the major issues raised at the public hearing and the response of the contracting unit to these issues, to the division, the department, the Board of Public Utilities, [and the Department of the Public Advocate,] and to all persons who attended the public hearing.
b. If the Division of Rate Counsel in the Department of the Public Advocate represents the public interest at a public hearing or hearings conducted pursuant to this section, the Division of Rate Counsel shall be entitled to assess the vendor for costs incurred in this representation in the manner provided in section 20 of P.L.1974, c.27 (C.52:27E-19). The basis of the assessment shall be the prospective first year's revenue realized by the vendor from the provision of the water supply services pursuant to the terms of the proposed contract.
c. If a contract awarded pursuant to the provisions of this act is renegotiated, the contracting unit shall conduct a public hearing on the renegotiated contract pursuant to the provisions of this section.
(cf: P.L.2005, c.155, s.100)
38. Section 5 of P.L.1985, c.72 (C.58:27-5) is amended to read as follows:
5. A contracting unit which intends to enter into a contract with a private vendor for the provision of wastewater treatment services pursuant to the provisions of this act shall notify, at least 60 days prior to issuing a request for qualifications from interested vendors pursuant to section 6 of this act, the division, and the department [and the Department of the Public Advocate] of its intention, and shall publish notice of its intention in at least one newspaper of general circulation in the jurisdiction which would be served under the terms of the proposed contract.
(cf: P.L.2005, c.155, s.101)
39. Section 11 of P.L.1985, c.72 (C.58:27-11) is amended to read as follows:
11. Upon designating the selected vendor or vendors pursuant to section 10 of this act, a contracting unit shall negotiate with the selected vendor or vendors a proposed contract, which shall include the accepted proposal and the provisions required pursuant to section 15 of this act. Upon negotiating a proposed contract, the contracting unit shall make the proposed contract available to the public at its main offices, and shall transmit a copy of the proposed contract to the division, and the department [and the Department of the Public Advocate].
(cf: P.L.2005, c.155, s.102)
40. Section 12 of P.L.1985, c.72 (C.58:27-12) is amended to read as follows:
12. a. A contracting unit shall conduct a public hearing or hearings on the charges, rates, or fees, or the formula for determining these charges, rates, or fees, and the other provisions contained in a proposed contract negotiated pursuant to section 11 of this act. The contracting unit shall provide at least 90 days' public notice of this public hearing to [the Department of the Public Advocate,] prospective consumers and other interested parties. This notice shall be published in at least one newspaper of general circulation in the jurisdiction to be served under the terms of the proposed contract. Within 45 days after giving notice of the public hearing, the contracting unit shall hold a meeting with prospective consumers and other interested parties to explain the terms and conditions of the proposed contract, and to receive written questions which will be part of the record of the public hearing. At the public hearing, the selected vendor or vendors shall be present, and the contracting unit shall have the burden to answer the questions received at the meeting, and to show that the proposed contract complies with the provisions of section 15 of this act, and that it constitutes the best means of securing the required wastewater treatment services among available alternatives. The contracting unit shall provide that a verbatim record be kept of the public hearing, and that a written transcript of this record be printed and made available to the public within 45 days of the close of the public hearing. Written testimony received no more than 15 days after the public hearing shall be included in the written transcript. After the public hearing the contracting unit and the vendor may agree to make changes to the proposed contract, and the contracting unit shall transmit the proposed contract, a copy of the printed transcript of the public hearing, and a statement summarizing the major issues raised at the public hearing and the response of the contracting unit to these issues, to the division, and the department, [and the Department of the Public Advocate,] and shall make copies available to any other person upon request.
b. If the Division of Rate Counsel in the Department of the Public Advocate represents the public interest at a public hearing or hearings conducted pursuant to this section, the Division of Rate Counsel shall be entitled to assess the vendor for costs incurred in this representation in the manner provided in section 20 of P.L.1974, c.27 (C.52:27E-19). The basis of the assessment shall be the prospective first year's revenue realized by the vendor from the provision of the wastewater treatment services pursuant to the terms of the proposed contract.
c. If a contract awarded pursuant to the provisions of this act is renegotiated, the contracting unit shall conduct a public hearing on the renegotiated contract pursuant to the provisions of this section.
(cf: P.L.2005, c.155, s.103)
41. Sections 1 through 11, 13 through 20, 24, 25 and 30, 38 through 45, 56 through 64, 78 through 85, and 111 of P.L.2005, c.155 (C.52:27EE-1 et al.) are repealed.
42. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill abolishes the Department of the Public Advocate, created by P.L.2005, c.155 (C.52:27EE-1 et al.), and transfers certain of its functions, powers and duties.
The Division of Mental Health Advocacy and Office of Dispute Settlement are transferred to the Office of the Public Defender. The Corrections Ombudsperson is transferred to the Department of Corrections. The Office of the Child Advocate is transferred to be in, but not of, the Department of Treasury. The Ombudsperson for the Institutionalized Elderly is transferred to be in, but not of, the Department of Community Affairs. The Division of Rate Counsel is transferred to the Department of Banking and Insurance.
The Divisions of Citizen Relations, Advocacy for the Developmentally Disabled, Public Interest Advocacy, and Elder Advocacy are abolished.
This bill restores the organization of agencies that existed prior to the enactment of P.L.2005, c.155 (C.52:27EE-1 et al.).
