Bill Text: NJ S1852 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes a "State Authorities Review Commission."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-10 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1852 Detail]
Download: New_Jersey-2010-S1852-Introduced.html
Sponsored by:
Senator JOSEPH M. KYRILLOS, JR.
District 13 (Middlesex and Monmouth)
SYNOPSIS
Establishes a "State Authorities Review Commission."
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a State Authorities Review Commission to review the operations of State authorities.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares:
a. The Legislature has created a number of autonomous State authorities over a period of years, but few of these authorities have been abolished or their functions merged with other authorities, notwithstanding that the environment in which they operate may have changed substantially since the date of their creation or that their original function may have radically altered.
b. It is in the public interest to create a body to review these autonomous State authorities on a periodic basis and to report the results of this review to the Legislature, with recommendations, where appropriate, abolishing such State authorities or merging their functions with the functions of other authorities, or modifying their activities, and providing that these recommendations have the force and effect of law if the Legislature does not object by concurrent resolution.
2. There is created in the Department of the Treasury a permanent "State Authorities Review Commission." For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of the Treasury, but notwithstanding that allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof, except as may be provided in this act. The commission is to consist of seven members. Three members shall be appointed by the Governor with the advice and consent of the Senate, no more than two of whom shall be members of the same political party. The remaining four members shall be appointed by the Governor as follows: one upon recommendation of the President of the Senate, one upon recommendation of the Minority Leader of the Senate, one upon recommendation of the Speaker of the General Assembly, and one upon recommendation of the Minority Leader of the General Assembly.
Each member shall serve for a five-year term and until the member's successor is appointed and qualified; however, of the members first appointed pursuant to this section, two members shall serve for five years, one shall serve for four years, two shall serve for three years, and two shall serve for two years, as the Governor may designate upon appointment. A member shall be eligible for reappointment. No member shall hold an elective public office or serve as a member of any State authority during the member's service as a member of the commission. Vacancies on the commission shall be filled for the unexpired terms in the same manner as the original appointments.
The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.
3. The commission shall organize as soon as may be practicable after the appointment of a majority of its members and shall select a chairperson from among the members. The members shall select a secretary, who need not be a member of the commission. The commission shall meet at the call of the chairperson and hold hearings and meetings at such places as the chairperson shall designate.
The commission shall be staffed by employees of the Department of the Treasury. The commission may also employ such other stenographic, clerical and expert assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.
4. The powers of the commission shall be vested in the members thereof in office from time to time; four members of the commission shall constitute a quorum and the affirmative vote of four members shall be necessary for any action taken by the commission unless the bylaws of the commission shall require a larger number. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.
A true copy of the minutes of every meeting of the commission shall be forthwith delivered by and under the certification of the secretary thereof to the Governor. No action taken at that meeting by the commission shall have force or effect until the earlier of 15 days, exclusive of Saturdays, Sundays, and public holidays, after the copy of the minutes shall have been so delivered, or the approval thereof by the Governor. If, in the 15-day period, the Governor returns the copy of the minutes with veto of any action taken by the commission or any member thereof at that meeting, the action shall be null and of no effect.
5. It shall be the duty of the commission to review on a periodic basis the operations of State authorities so that within 10 years of its organizational meeting it shall have reviewed each State authority in existence on the effective date of this act. The commission shall determine, as a result of its reviews, whether any of the reviewed authorities should be abolished or have its operations merged or consolidated with those of other authorities or State agencies or its functions modified.
6. a. If the reviewed authority's statutory purpose and functions are deemed appropriate under present conditions, the commission shall determine whether the authority is properly carrying out its statutory functions. If the authority is not properly carrying out its statutory functions, the commission shall determine what remedial action is needed, including but not limited to removal of certain functions of the authority, merger or consolidation of the authority's functions with another authority or State agency or modifications of its functions.
b. If the reviewed authority's statutory purpose and functions are not deemed appropriate under present conditions, the commission shall determine what changes, if any, are desirable in the authority's powers and duties. The recommended changes may include revision or elimination of its powers and duties and the consequent abolishment of the authority or the merger of the authority with or its consolidation into other authorities or State agencies, or modification of its functions.
c. On December 1 of each year, or if both Houses are not in session on that date on the next day thereafter when the Senate and General Assembly are both in session, the commission shall submit a report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) and the Governor, including its findings from its periodic reviews and its recommendations, if any, based upon its determinations, which of the reviewed authorities should be abolished or which of the reviewed authorities should have its operations merged or consolidated with other authorities or agencies, or its functions modified. A copy of the report and recommendations shall be transmitted to and filed with the Secretary of State for publication in an issue of the New Jersey Register next following the filing.
d. In making its recommendations to the Legislature, the commission may consider the reduction in expenditures or increase in effectiveness and efficiency that may occur as a result of the proposed changes.
e. (1) Except as otherwise provided by paragraphs (2) and (3) of this subsection, the recommendations shall take effect at the end of a period of 60 calendar days after the date on which the recommendations are submitted to the Senate and General Assembly unless, between the date of transmittal and the end of the 60-day period, the Legislature passes a concurrent resolution stating in substance that the Legislature does not favor the recommendations.
(2) Under provisions contained in the recommendations, a recommendation may be effective at a later time than the date on which the recommendations otherwise are effective.
(3) The recommendations which are not disapproved in the manner provided by paragraph (1) of this subsection shall have the force and effect of law and the Secretary of State shall cause the recommendations to be printed and published in the annual edition of the laws.
7. This act shall take effect immediately.
STATEMENT
This bill establishes a permanent "State Authorities Review Commission" which is to consist of seven members to serve for terms of five years. Three members are to be appointed by the Governor with the advice and consent of the Senate. The remaining four members are to be appointed by the Governor upon recommendation respectively of the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, and the Minority Leader of the General Assembly. No member is to hold an elective public office or to serve as a member of an authority while serving as a member of the commission. The minutes of the commission shall be subject to a Gubernatorial veto.
It is the duty of the commission to review on a periodic basis the operation of State authorities so that within 10 years of its organizational meeting it will have reviewed each State authority in existence on the effective date of the bill becoming law. Based upon its review, the commission shall report on December 1 of each year its findings and recommendations, if any, to the Governor and the Legislature, which recommendations may include abolishment of a State authority, its merger or consolidation with other existing authorities or State agencies, or modifications of the authority's functions. If both Houses are not in session on December 1, the report is to be submitted on the next day both Houses are in session. Similar to an Executive Reorganization Plan, the recommendations are to have the force and effect of law 60 days after submission, unless the Legislature passes a concurrent resolution disapproving the recommendations.
