Bill Text: NJ S226 | 2010-2011 | Regular Session | Introduced


Bill Title: Restricts conveyance of National Guard Training Center in Borough of Sea Girt, Monmouth County; requires study and public hearings before conveyance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S226 Detail]

Download: New_Jersey-2010-S226-Introduced.html

SENATE, No. 226

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  SEAN T. KEAN

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Restricts conveyance of National Guard Training Center in Borough of Sea Girt, Monmouth County; requires study and public hearings before conveyance.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the State-owned land and improvements thereon used as the National Guard Training Center in the Borough of Sea Girt, Monmouth County, and supplementing chapter 31 of Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The real property and improvements thereon owned by the State and known as the National Guard Training Center in the Borough of Sea Girt, Monmouth County, may be conveyed through sale, lease, or exchange only pursuant to the restrictions and procedures set forth in this act, P.L.    , c.   (pending before the Legislature as this bill).

     Any conveyance by the State of the property and improvements thereon, in whole or in part, shall include a covenant that the land may be used only for recreational or conservation purposes, and  that covenant shall run with the land in perpetuity.

     The real property and improvements thereon shall not be conveyed, in whole or in part, by sale, lease, or exchange by the State unless the State Treasurer first: 

     (1)   prepares a report identifying the reasons for, and all advantages, disadvantages, benefits, and detriments of the proposed conveyance; assessing the impact of the proposed conveyance on military and law enforcement training, the environment, the community, public open space, and recreation under both the current and proposed uses; and assessing the economic value of the proposed conveyance under both the current and proposed uses. 

     (2)   transmits the report required to be prepared pursuant to paragraph (1) of this subsection at least 30 days in advance of the date of the first scheduled public hearing required pursuant to paragraph (4) of this subsection to the chairpersons of the Senate Environment Committee, the Senate Law and Public Safety and Veterans' Affairs Committee, the Senate State Government Committee, the Senate Budget and Appropriations Committee, the Assembly Environment and Solid Waste Committee, the Assembly State Government Committee, the Assembly Homeland Security and State Preparedness Committee, and the Assembly Appropriations Committee, or the successors of those committees as designated by the President of the Senate for the Senate committees and by the Speaker of the General Assembly for the Assembly committees, and to the State House Commission. 

     (3)   makes the report required to be prepared pursuant to paragraph (1) of this subsection available upon request, at no cost or at the cost of reproduction, to the public at least 30 days in advance of the date of the first scheduled public hearing required pursuant to paragraph (4) of this subsection, and at each of the two public hearings. 

     (4)   conducts two public hearings on the proposed conveyance, in addition to any other applicable requirements of law, rule, or regulation, at least 14 days apart and at least 90 days in advance of the date on which the proposed conveyance is scheduled to be considered by the State House Commission, or, if review by the State House Commission is not required under law, than at least 90 days in advance of the date of the proposed conveyance.  Of the two public hearings, one shall be held in the City of Trenton, Mercer County, and the other in the Borough of Sea Girt or, if that is not practicable, in a municipality as close thereto as can reasonably be arranged.  At each such hearing, the State Treasurer shall explain the proposed conveyance and indicate the consideration to be received by the State for agreeing to the proposed conveyance. 

     b.    The State Treasurer may assess and collect a reasonable fee from any person or entity to whom the real property and improvements thereon may be conveyed to cover the administrative and any other costs incurred by the Department of the Treasury in complying with the provisions and requirements of this section.  The fee shall be payable whether or not the lands are in fact eventually conveyed to such person or entity. 

 

     2.    In addition to any other applicable requirements of law, rule, or regulation, the State Treasurer shall provide notice of any public hearing required pursuant to paragraph (4) of subsection a. of section 1 of this act, P.L.    , c.   (pending before the Legislature as this bill), at least 30 days in advance of the date of the hearing as follows: 

     a.     by mailing a copy of the notice to:

     (1)   all parties to the proposed conveyance;

     (2)   the governing body, county clerk, and municipal clerk of Monmouth County and the Borough of Sea Girt; and 

     (3)   any person who requests in writing of the Department of the Treasury to receive in advance such notices; 

     b.    by publishing the notice in a daily or weekly newspaper of general circulation in Monmouth County and the Borough of Sea Girt; 

     c.     by publishing a notice in the New Jersey Register; and

     d.    by publishing a notice in the Department of Environmental Protection Monthly Bulletin. 

 

     3.    The State Treasurer shall include the following information in all notices required pursuant to section 2 of this act, P.L.    , c.   (pending before the Legislature as this bill): 

     a.     a general description and the location of the real property and improvements thereon proposed to be conveyed, including the street address, if any, and the lot and block numbers from the currently applicable municipal tax map;

     b.    the name of the parties to the proposed conveyance;

     c.     a description of the current and proposed use of the real property and improvements thereon to be conveyed; 

     d.    the date, time, and place of the public hearing;

     e.     a statement that the public may submit written comments to the Department of the Treasury on or before the date of the public hearing; 

     f.     a brief description of the comment procedures;

     g.     the name and address of the person in the Department of the Treasury designated to receive written comments and to contact for additional information and copies of any reports, analyses, hearing transcripts, or appraisals of value prepared concerning the proposed conveyance; and 

     h.     any additional information considered by the Department of the Treasury to be necessary or appropriate. 

 

     4.    The Department of the Treasury shall submit to the standing reference committees of the New Jersey Legislature named in paragraph (2) of subsection a. of section 1 of this act, P.L.    , c.    (pending before the Legislature as this bill), and to the State House Commission for any conveyance requiring, pursuant to law, review by the commission, a summary of the written comments received and the testimony heard at each public hearing held pursuant to paragraph (4) of subsection a. of section 1 of this act pertaining to the proposed conveyance within 30 days after the date on which the public hearing is held.  Transcripts of any public hearing shall also be made available, upon request, to the public within that time period. 

 

     5.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill imposes restrictions and procedures for the conveyance though sale, lease or exchange of the lands and facilities owned by the State and known as the National Guard Training Center in the Borough of Sea Girt in Monmouth County.

     The bill requires any conveyance by the State of this property to include a covenant that the land may be used only for conservation and recreational purposes, with the covenant to run with the land in perpetuity.

     Before the property can be conveyed, in whole or in part, the State Treasurer must first

     (1)   prepare a report identifying the reasons for, and all advantages, disadvantages, benefits, and detriments of the proposed conveyance; assessing the impact of the proposed conveyance on military and law enforcement training, the environment, the community, public open space, and recreation under both the current and proposed uses; and assessing the economic value of the proposed conveyance under both the current and proposed uses. 

     (2)   transmit the report to the Senate Environment Committee, the Senate Law and Public Safety and Veterans' Affairs Committee, the Senate State Government Committee, the Senate Budget and Appropriations Committee, the Assembly Environment and Solid Waste Committee, the Assembly State Government Committee, the Assembly Homeland Security and State Preparedness Committee, and the Assembly Appropriations Committee, and to the State House Commission. 

     (3)   make the report available upon request, at no cost or at the cost of reproduction, to the public at least 30 days in advance of the date of the first scheduled public hearing. 

     (4)   conduct two public hearings on the proposed conveyance, one in Trenton and one in Sea Girt, at least 14 days apart and at least 90 days in advance of the date on which the proposed conveyance is scheduled to be considered by the State House Commission, or, if review by the State House Commission is not required under law, than at least 90 days in advance of the date of the proposed conveyance. 

     At each such hearing, the State Treasurer will explain the proposed conveyance and indicate the consideration to be received by the State for agreeing to the proposed conveyance. 

     The State Treasurer may assess and collect a reasonable fee from any person or entity to whom property may be conveyed to cover the administrative and any other costs incurred by the Department of the Treasury in complying with the provisions and requirements of this bill.

     The bill requires the State Treasurer to provide notice of the public hearings at least 30 days in advance by mailing a copy of the notice to:

     (1)   all parties to the proposed conveyance;

     (2)   the governing body, county clerk, and municipal clerk of Monmouth County and the Borough of Sea Girt; and 

     (3)   any person who requests in writing to receive in advance such notices; 

     Publication in a daily or weekly newspaper of general circulation in Monmouth County and the Borough of Sea Girt; in the New Jersey Register; and in the Department of Environmental Protection Monthly Bulletin is also required. 

     The State Treasurer will include in the public hearing notices a general description and the location of the property; the name of the parties to the proposed conveyance; a description of the current and proposed use of the property; the date, time, and place of the public hearing; a statement that the public may submit written comments on or before the date of the public hearing; a brief description of the comment procedures; the name and address of the person in the Department of the Treasury designated to receive written comments and to contact for additional information and copies of any reports, analyses, hearing transcripts, or appraisals of value prepared concerning the proposed conveyance; and any additional information considered to be necessary or appropriate. 

     The State Treasurer will submit to the standing reference committees of the New Jersey Legislature named above and to the State House Commission a summary of the written comments received and the testimony heard at each public hearing within 30 days after the date on which the public hearing is held.

     The National Guard Training Center at Sea Girt provides training throughout the year for National Guard, New Jersey State Police, and other law enforcement personnel.

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