Bill Text: NJ S2603 | 2012-2013 | Regular Session | Amended
Bill Title: Concerns various authorities, boards, commissions, councils, divisions, and task forces.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-01-13 - Substituted by A3067 (3R) [S2603 Detail]
Download: New_Jersey-2012-S2603-Amended.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Co-Sponsored by:
Senator Beck
SYNOPSIS
Concerns various authorities, boards, commissions, councils, divisions, and task forces.
CURRENT VERSION OF TEXT
As amended by the Senate on January 9, 2014.
An Act concerning certain authorities, boards, commissions, councils, divisions, and task forces, amending and repealing various parts of the statutory law and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1966, c.291 (C.13:1C-2) is amended to read as follows:
2. a. There is hereby established in the Department of Community Affairs the Board of Recreation Examiners of the State of New Jersey, which shall consist of five members to be appointed by the Governor with the advice and consent of the Senate.
b. Upon the enactment of P.L. , c. , (C. ) (pending before the Legislature as this bill) the Board of Recreation Examiners of the State of New Jersey is abolished, and the powers, functions, and duties of the board are transferred to and vested in the Commissioner of Community Affairs.
(cf: P.L.1971, c.411, s.6)
2. Section 20 of P.L.2001, c.131 (C.17:48E-68) is amended to read as follows:
20. a. [There is established in,
but not of, the Department of the Treasury a Health Service Corporation
Conversion Temporary Advisory Commission. The advisory commission shall consist
of 15 members. Seven members shall be appointed by the Governor, including two
public members, one physician licensed to practice medicine in New Jersey, one
licensed health care provider other than a physician, one representative of the
dental community, one representative of a community based organization that
provides or assists in providing health care or health care services to New
Jersey residents and one representative of the AFL-CIO. Three members shall be
appointed by the President of the Senate, including one public member, one
representative of the hospital community and one physician licensed to practice
medicine in New Jersey. One public member shall be appointed by the Minority
Leader of the Senate. Three members shall be appointed by the Speaker of the
General Assembly, including one public member, one representative of the
hospital community and one representative of a community based organization
that provides or assists in providing health care or health care services to New Jersey residents. One public member shall be appointed by the Minority Leader of the
General Assembly. A vacancy in the membership of
the advisory commission shall be filled in the same manner provided for the
original appointment. Members shall serve without fee or compensation. The
advisory commission shall commence its activities upon appointment of at least
a majority of its initial members.
The advisory commission shall, in anticipation of a conversion of a health service corporation as authorized under this act, examine issues related to access to affordable, quality health care for underserved individuals and promoting fundamental improvements in the health status of New Jerseyans, and may review experiences in other states related to the establishment of foundations in connection with the conversion of non-profit health insurers similar to health care service corporations licensed to do business in New Jersey. The advisory commission shall advise the Attorney General and Commissioner of Banking and Insurance as to its findings on these issues. The Department of the Treasury shall provide the advisory commission with such assistance as the advisory commission may require in order to perform its duties under this act. The advisory commission may engage the services of advisors and consultants in order to assist in the performance of its duties under this act.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. [Upon the creation of a foundation pursuant to section 19 of P.L.2001, c.131 (C.17:48E-67) and the approval of the foundation by a court of competent jurisdiction, the advisory commission created pursuant to subsection a. of this section shall be dissolved.] The foundation created pursuant to section 19 of P.L.2001, c.131 (C.17:48E-67) shall have a board of directors consisting of 15 members. Seven members shall be appointed by the Governor, including two public members, one physician licensed to practice medicine in New Jersey, one licensed health care provider other than a physician, one representative of the dental community, one representative of a community based organization that provides or assists in providing health care or health care services to New Jersey residents and one representative of the AFL-CIO. Three members shall be appointed by the President of the Senate, including one public member, one representative of the hospital community and one physician licensed to practice medicine in New Jersey. One public member shall be appointed by the Minority Leader of the Senate. Three members shall be appointed by the Speaker of the General Assembly, including one public member, one representative of the hospital community and one representative of a community based organization that provides or assists in providing health care or health care services to New Jersey residents. One public member shall be appointed by the Minority Leader of the General Assembly. [Initially, the members of the advisory commission shall constitute the board of the foundation, and shall serve for a term of three years. Thereafter, the] The members of the board of the foundation shall be appointed for a term of three years. Each member shall hold office until reappointed or a successor is appointed and qualified. A vacancy in the membership of the board shall be filled for an unexpired term in the same manner provided for the original appointment. Members shall serve without fee or compensation. The foundation shall commence its activities upon the appointment of at least a majority of its initial board of directors. In the event more than one foundation is established pursuant to [this act] P.L.2001, c.131 (C.17:48E-49 et seq.), the board of directors of any such additional foundations shall be appointed in compliance with the requirements of this subsection.
(cf: P.L.2001, c.387, s.1)
3. Section 77 of P.L.1991, c.187 (C.18A:62-15) is amended to read as follows:
77. a. Every student enrolled as a full-time student at a public or private institution of higher education in this State shall maintain health insurance coverage which provides basic hospital benefits. The coverage shall be maintained throughout the period of the student's enrollment.
b. Every student enrolled as a full-time student shall present evidence of the health insurance coverage required by subsection a. of this section to the institution at least annually, in a manner prescribed by the institution.
c. The State Department of Health shall require all public and private institutions of higher education in this State to offer health insurance coverage on a group or individual basis for purchase by students who are required to maintain the coverage pursuant to this section.
d. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of subsections a., b. and c. of this section.
e. The [Student Assistance Board] Higher Education Student Assistance Authority in but not of the Department of [the Treasury] State shall adopt rules and regulations to require that a public or private institution of higher education in this State consider the coverage required pursuant to this section as an educational cost for purposes of determining a student's eligibility for financial aid.
f. Nothing in this section shall be construed to permit a hospital in this State to deny access to hospital care to a full-time student whose health insurance coverage required by this section lapses for any reason.
g. The provisions of this section shall not apply to a person who is a participant in the REACH program established pursuant to P.L.1987, c.282 (C.44:10-9 et seq.).
(cf: P.L.1994, c.48, s.87)
4. Section 2 of P.L.1995, c.318 (C.26:2B-37) is amended to read as follows:
2. a. The Commissioner of Health [and Senior Services] shall establish an "Alcohol and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled" [in consultation with the program advisory committee established pursuant to this section and].
b. Pursuant to Reorganization Plan No. 002-2004, the Commissioner of Human Services shall continue to operate the program established pursuant to subsection a. of this section through the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with [and after review by] the Governor's Council on Alcoholism and Drug Abuse.
[There is established a program advisory committee to advise the commissioner on the establishment and operation of the "Alcohol and Drug Abuse Program for the Deaf, Hard of Hearing, and Disabled." The members of the advisory committee shall be appointed by the commissioner and shall consist of five members who are either deaf, hard of hearing, or disabled, two members of the public with an interest in issues relating to alcohol and drug abuse and one representative each from the Governor's Council on Alcoholism and Drug Abuse, the Developmental Disabilities Council, the Division of Vocational Rehabilitation Services in the Department of Labor, and the Division of the Deaf and Hard of Hearing and the Office of Disability Services in the Department of Human Services. The commissioner shall serve as an ex officio member of the committee.]
(cf: P.L.1999, c.91, s.11)
5. Section 1 of P.L.1968, c.457 (C.27:7-21.8) is amended to read as follows:
1. The Commissioner of Transportation is directed to devise and put into effect such programs as shall be necessary to provide for the eradication of rats and other harmful rodents from the public highways, giving special attention to highways, or sections thereof, adjacent to residential areas; and to enter into an agreement with, or otherwise secure the co-operation of, the New Jersey Turnpike Authority [, the New Jersey Expressway Authority,] and the [New] South Jersey [Highway] Transportation Authority, in the formulation and implementation of programs designed to accomplish such purposes.
(cf: P.L.1968, c.457, s.1)
6. Section 2 of P.L.2002, c.77 (C.27:23-6.2) is amended to read as follows:
2. a. An operator awarded a contract for towing and storage services by the New Jersey Turnpike Authority shall register with the authority. Upon issuance of the registration, the authority shall provide the operator with two decals and accompanying notices for each tow truck owned or leased by that operator and to be used under the terms of the contract. The decals and the accompanying notices, which shall be of a distinctive design and color, shall be conspicuously displayed on the exterior of each such tow truck in a manner and location prescribed by the authority.
The decals shall set forth a specific registration number for each registered tow truck. The notices shall include a statement indicating substantially the following: "This tow truck is registered with the New Jersey [Highway] Turnpike Authority. The driver is required to provide you with a written schedule of the fees charged for towing and storage services before providing that service to you, including those services for which there is no fee. If the fee charged is in excess of the fee listed on the schedule, please notify the authority or the New Jersey Division of Consumer Affairs." An operator shall file a copy of the schedule of fees with the authority. Upon request of the Division of Consumer Affairs in the Department of Law and Public Safety, the authority shall provide a list of the registered tow trucks to the division, in addition to a copy of the schedule of fees.
b. Prior to providing any towing services, a driver of a tow truck shall provide the person whose vehicle is to be towed a written schedule of fees and shall recite the information contained in the notice.
c. An operator who fails to display the decals and notices required by subsection a. of this section or the driver of a tow truck who fails to provide a person to be towed the written schedule of fees or recite the information contained in the notice prior to providing a towing service as required by subsection b. of this section shall be subject to a fine of $300 for the first offense. For the second and any subsequent offense the operator or the driver, as the case may be, shall be subject to a fine of $600.
d. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to charge a fee in excess of the fee listed in the written schedule of fees provided pursuant to subsection a. of this section.
e. If an operator or the driver of an operator's tow truck is convicted a third time for violation of any provisions of this section, the authority may, in its discretion, terminate the operator's contract for towing and storage services with the authority.
(cf: P.L.2009, c.39, s.11)
7. Section 2 of P.L.1991, c.252 (C.27:25A-2) is amended to read as follows:
2. The Legislature finds and declares that:
a. It is the public policy of this State to provide for the coordinated development and planning of the State's transportation system both on the State and regional level. Through the medium of the Transportation Executive Council, established by Executive Order No. 10 of 1990, the activities of the various transportation related authorities are coordinated on the State level. In the northern region of the State the Port Authority of New York and New Jersey, the New Jersey Turnpike Authority, [the New Jersey Highway Authority,] the Hackensack Meadowlands Development Commission, the North Jersey Transportation Coordinating Committee and other organizations exist to provide for the support and planning of the transportation system in that region.
b. In the southern region of the State an increase in residential development, the completion of Interstate Route 476 (also known as the "Blue Route") in Pennsylvania, the establishment of casino gaming in Atlantic City, and other factors, have caused an increase in vehicular traffic in southern New Jersey and have highlighted the need for a more coordinated effort on a regional basis to deal with the operation and possible extension of the region's highway system, the improvement and expansion of its aviation facilities, and the coordination of Atlantic County's transportation system within the larger regional system.
c. Concomitant with the development of the transportation system in southern New Jersey the need exists for the ancillary establishment of economic development facilities directly related to transportation projects in that region to be funded by a transportation authority.
d. It is in the public interest to create a South Jersey Transportation Authority, encompassing the counties of Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem, as a successor to the New Jersey Expressway Authority and the Atlantic County Transportation Authority, to provide more coordination of the region's transportation system and to deal particularly with the highway system, aviation facilities and the transportation problems of Atlantic County through the acquisition, construction, maintenance, operation and support of expressway and transportation projects and economic development facilities directly related to transportation projects authorized by this act. However, the activities of a transportation authority are not to supplant or replace the funding of projects by the Transportation Trust Fund Authority or the operation of public transportation services by the New Jersey Transit Corporation.
(cf: P.L.1991, c.252, s.2)
8. Section 3 of P.L.2002, c.77 (C.27:25A-8.1) is amended to read as follows:
3. a. An operator awarded a contract for towing and storage services by the South Jersey Transportation Authority shall register with the authority. Upon issuance of the registration, the authority shall provide the operator with two decals and accompanying notices for each tow truck owned or leased by that operator and to be used under the terms of the contract. The decals and the accompanying notices, which shall be of a distinctive design and color, shall be conspicuously displayed on the exterior of each such tow truck in a manner and location prescribed by the authority.
The decals shall set forth a specific registration number for each registered tow truck. The notices shall include a statement indicating substantially the following: "This tow truck is registered with the [New] South Jersey [Highway] Transportation Authority. The driver is required to provide you with a written schedule of the fees charged for towing and storage services before providing that service to you, including those services for which there is no fee. If the fee charged is in excess of the fee listed on the schedule, please notify the authority or the New Jersey Division of Consumer Affairs." An operator shall file a copy of the schedule of fees with the authority. Upon request of the Division of Consumer Affairs in the Department of Law and Public Safety, the authority shall provide a list of the registered tow trucks to the division, in addition to a copy of the schedule of fees.
b. Prior to providing any towing services, a driver of a tow truck shall provide the person whose vehicle is to be towed a written schedule of fees and shall recite the information contained in the notice.
c. An operator who fails to display the decals and notices required by subsection a. of this section or the driver of a tow truck who fails to provide a person to be towed the written schedule of fees or recite the information contained in the notice prior to providing a towing service as required by subsection b. of this section shall be subject to a fine of $300 for the first offense. For the second and any subsequent offense the operator or the driver, as the case may be, shall be subject to a fine of $600.
d. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to charge a fee in excess of the fee listed in the written schedule of fees provided pursuant to subsection a. of this section.
e. If an operator or the driver of an operator's tow truck is found to have been convicted a third time for violation of any provisions of this section, the authority may, in its discretion, terminate the operator's contract for towing and storage services with the authority.
(cf: P.L.2009, c.39, s.12)
19. R.S.30:1-1 is amended to read as follows:
30:1-1. As used in this Title:
"Commissioner" means the Commissioner of Human Services.
"Department" means the [State] Department of Human Services.
["State board" means the State Board of Human Services.]1
(cf: P.L.1981, c.115, s.1)
110. R.S.30:1-2 is amended to read as follows:
30:1-2. The Department of Human Services created as the Department of Institutions and Agencies by an act entitled "An act concerning the charitable, hospital, relief, training, correctional, reformatory and penal institutions, boards and commissions located and conducted in this State, which are supported in whole or in part from county, municipal or State funds," approved February 28, 1918 (L.1918, c. 147, p. 343, as amended by L.1919, c. 97, p. 222), and continued and reorganized by P.L.1976, c. 98, is continued and is hereby constituted a principal department in the Executive Branch of the State Government. Such department shall consist of the Commissioner of Human Services, who shall be the head of the department and its principal executive officer, [and the State Board of Human Services,] with such divisions, bureaus, branches, committees, officers , and employees specifically referred to in [said] the act, or as may be constituted or employed by virtue of this Title.1
(cf: P.L.1981, c.115, s.2)
1[9.] 11.1 R.S.30:1-7 is amended to read as follows:
30:1-7. The long-term care facilities, institutions, and psychiatric facilities of this State, within the meaning of this Title, shall include the following, and, as well, any facilities established hereafter for any similar purpose:
Trenton Psychiatric Hospital,
Greystone Park Psychiatric Hospital,
Ancora Psychiatric Hospital,
1[Senator Garrett W. Hagedorn Psychiatric Hospital,]1
Ann Klein Forensic Center,
North Jersey Developmental Center,
New Lisbon Developmental Center,
Woodbine Developmental Center,
Vineland Developmental Center,
Woodbridge Developmental Center,
Hunterdon Developmental Center [,
Arthur Brisbane Child Center at Allaire].
(cf: P.L.2001, c.268, s.1)
112. R.S.30:4-60 is amended to read as follows:
30:4-60. a. If the court shall determine that the person has a mental illness and is in need of treatment at a psychiatric facility, it may determine the legal settlement of the person and, consistent with the laws governing civil commitment and the Rules of Court, direct the admission or hospitalization of the person to the care of the Commissioner of Human Services for treatment in a psychiatric facility, short-term care facility , or special psychiatric hospital in this State.
b. If the Department of Human Services determines that the person has a developmental disability and is eligible for functional services from the Division of Developmental Disabilities, the department, using a formula of financial ability to pay as promulgated annually by the Department of the Treasury, shall determine if the person with a developmental disability has sufficient income, assets, resources or estate to pay for [his] the person's maintenance as fixed by the [State Board of Human Services] department, or is able to make any payment towards [his] the person's maintenance, or if the person's chargeable relatives or other persons chargeable by contract are able to pay the person's maintenance or make any payment toward the person's maintenance on the person's behalf. The department shall determine the legal settlement of the developmentally disabled person pursuant to section 86 of P.L.1965, c.59 (C.30:4-165.3).
The department shall send written notice of the periodic payment amount to the person or [his] the person's parent or guardian, chargeable relative , or other person chargeable by contract for the person's support. All required payments shall be made directly to the department unless otherwise specified in the notice. The notice may, in the discretion of the department, contain such direction as may seem proper concerning security to be given for the payment. The payment notice shall be separate and independent of any order of commitment to the care and custody of the commissioner or any order of guardianship.
The department shall annually review and revise, as appropriate, its payment calculations. If the financial circumstances of the person or persons chargeable by law or contract for the support of the developmentally disabled person change prior to the annual review, the chargeable person or persons shall immediately notify the department in writing.
c. (1) A person with mental illness who is 18 years of age or older and is being treated in a psychiatric facility as defined in section 2 of P.L.1987, c.116 (C.30:40-27.2) shall be liable for the full cost of [his] the person's treatment, maintenance , and all necessary and related expenses of the person's hospitalization until [he] the person is determined to be ineligible for or has exhausted any third party insurance benefits or medical assistance program that will pay an amount toward the facility's bill. The obligation by the person with mental illness for the remainder of the facility's bill, after the credit for all available third party insurance payments or medical assistance program payment, will be in an amount based upon the sliding scale fee schedule established for charity care pursuant to subsection b. of section 10 of P.L.1992, c.160 (C.26:2H-18.60).
(2) The obligation of the parent of a person with mental illness under the age of 18 for the remainder of the facility's bill shall be based upon the lesser of the sliding scale fee schedule established for charity care pursuant to subsection b. of section 10 of P.L.1992, c.160 (C.26:2H-18.60), or the formula of financial ability to pay as promulgated annually by the Department of the Treasury pursuant to subsection b. of this section.
(3) A person with mental illness or a person responsible under a court order for the cost of care and maintenance of a person with mental illness who, without good cause, (a) refuses to submit information and authorizations sufficient to enable the facility to access any available third-party payer, or (b) refuses to apply for public medical assistance for which the person with mental illness may be eligible, shall be responsible for the full cost of the person's care and maintenance at the facility without the application of the criteria set forth in paragraphs (1) and (2) of this subsection.
(4) Based upon the criteria set forth in paragraphs (1) and (2) of this subsection, the Department of Human Services or county adjuster in the county of settlement, as applicable, shall make a determination of the amount the person with mental illness who is 18 years of age or older, or the parent of a person with mental illness under the age of 18, shall be liable to contribute toward the cost of the person's treatment, maintenance , and all necessary and related expenses of the person's hospitalization. The liability may be enforced by the Commissioner of Human Services in the manner set forth in section 1 of P.L.1962, c.207 (C.30:4-75.1).
(5) In the case of a person with mental illness who is married, the department shall establish a spousal share of the combined assets of the couple that shall be preserved for the noninstitutionalized spouse and immune from execution to satisfy the person's liability to contribute toward the cost of treatment, maintenance , and all necessary and related expenses of the person's hospitalization. In order to determine the spousal share of the combined assets to be preserved, the Commissioner of Human Services shall employ the same methodology used by the State Medicaid program to determine the resources that are preserved for the needs of the community spouse of an institutionalized individual in accordance with N.J.A.C.10:71-4.8.
(6) The Commissioner of Human Services shall act on any request by a person with mental illness who is 18 years of age or older, or the parent of a person with mental illness under the age of 18, to compromise for settlement of the obligation established pursuant to this section. With respect to the request, the commissioner shall allow the person or parent to retain adequate funds to:
(a) maintain the person's or parent's housing and usual standard of living in the community;
(b) provide for any necessary medical expenses or special needs;
(c) support any minor, disabled, elderly , or other dependent;
(d) establish a trust to ensure future self-sufficiency; or
(e) provide for any other genuine financial needs.
Requests to compromise for settlement of the obligation shall be liberally granted by the commissioner and shall promote the person's or [his] the person's parent's opportunity to obtain and maintain employment, purchase property, both real and personal, and achieve full reintegration into the community, as applicable. The commissioner shall ensure that all persons and parents are notified of their right to request a compromise and the procedure for doing so.1
(cf: P.L.2005, c.55, s.4)
113. R.S.30:4-63 is amended to read as follows:
30:4-63. a. The court may, after final hearing, commit any person with mental illness to any State or county psychiatric institution irrespective of the person's legal settlement where provision is made for [his] the person's care and maintenance, in an amount approved by the [State Board of Human Services] department or by the board of chosen freeholders, as the case may be. The person may remain as a full paying patient in such institution as long as such sum shall be regularly paid out of the estate of the person, or by the person or persons chargeable by law with [his] the person's care and maintenance, or under contract. In the event that such sum cannot be paid because of a change in the financial circumstances of the person with mental illness or [his] the person's legally responsible relatives then the court may make such order as may be necessary with regard to the manner and the amount of maintenance which shall be paid on behalf of the person with mental illness and by whom.
b. The Department of Human Services may admit a person found eligible for functional services from the Division of Developmental Disabilities to a residential functional services placement irrespective of the person's legal settlement if provision is made for the payment of the full cost of the person's care and maintenance, in an amount approved by the [State Board of Human Services] department. The person may remain as a full paying person in the residential functional services placement, or in another residential functional services placement deemed appropriate by the department, as long as the full per capita amount for the placement is regularly paid from the person's income, benefits, assets, resources , or estate, or by the person chargeable by law or under contract with [his] the person's care and maintenance.1
(cf: P.L.2005, c.55, s.5)
114. R.S.30:4-160 is amended to read as follows:
30:4-160. The New Jersey State Hospitals, designated in R.S.30:1-7 as psychiatric hospitals, shall include the existing buildings and lands of Ancora Psychiatric Hospital, Greystone Park Psychiatric Hospital, [Senator Garrett W. Hagedorn Psychiatric Hospital,] Trenton Psychiatric Hospital , and the Ann Klein Forensic Center, and all grounds or places where the patients thereof may from time to time be maintained, kept, housed , or employed.1
(cf: P.L.2001, c.268, s.2)
115. Section 4 of P.L.1951, c.138 (C.30:4C-4) is amended to read as follows:
4. The Department of Children and Families shall have the requisite powers to:
(a) Exercise general supervision over children for whom care, custody or guardianship is provided in accordance with Article II of this act;
(b) Administer the powers and duties provided in chapter 3 of Title 9 of the Revised Statutes (Adoption), as amended and supplemented, as the same may be delegated and assigned by the department;
(c) Administer the powers and duties as provided in chapter 7 of Title 9 of the Revised Statutes (dependent children; bringing into State), as amended and supplemented, as the same may be delegated and assigned by the commissioner;
(d) Administer the powers and duties provided in R.S.30:1-14 through 30:1-17 of chapter 1 of Title 30 of the Revised Statutes (visitation and inspection), as amended and supplemented with respect to institutions, organizations , and noninstitutional agencies for the care, custody , and welfare of children;
(e) Provide care and exercise supervision over children paroled or released from State correctional institutions for juveniles in accordance with rules and regulations [established by the State Board of Human Services];
(f) Make investigations or provide supervision of any child in this State at the request and on behalf of a public or private agency or institution of any other State;
(g) Meet and confer, as the unmet needs of New Jersey's children may require, with representatives of the public welfare boards and the private agencies and institutions for the care of children in this State in order that the programs of such boards, agencies , and institutions may be developed and fully utilized and that there may be a coordination of all public and private facilities for the protection and care of children;
(h) Issue such reasonable rules and regulations as may be necessary for the purpose of carrying into effect the meaning of this act, which rules and regulations shall be binding so far as they are consistent with such purpose;
(i) Promulgate rules and regulations as may be necessary as a basis for the provision for payment for services rendered by privately sponsored agencies or institutions to children under the care, custody or guardianship of the division. Such rules and regulations shall include, but shall not be limited to, standards of professional training, experience and practices, and requirements relating to the moral responsibility of the trustees, officers or other persons supervising or conducting the program, the adequacy of the facilities, the maintenance of adequate casework records, and the furnishing of comprehensive reports;
(j) Enter into written agreements with public, private or voluntary agencies to provide maintenance, related services, and youth facility aid to such agencies, subject to a preaward qualification review of the agency's fiscal and programmatic abilities and periodic reviews.1
(cf: P.L.2006, c.47, s.119)
1[10.] 16.1 Section 2 of P.L.1980, c.35 (C.30:4E-2) is amended to read as follows:
2. a. The Commissioner of Human Services shall organize an Interagency Task Force on Home Care Services, hereinafter known as the "task force," which shall consist of the commissioner, the Commissioner of Health, the Commissioner of Insurance, and the Commissioner of Community Affairs, or their designated representatives. The task force shall review and coordinate efforts among departments to develop home health care and homemaker services and shall consult on the propriety and effects of State and Federal home health care and homemaker legislation, rules, and regulations. The task force shall work toward regulatory and legislative change which it feels will promote the utilization of home health care and homemaker services as an alternative to institutional care.
b. The task force shall meet as frequently as its business may require and at least once in each calendar quarter of each year.
c. The task force shall consult on a regular basis with [the Statewide Health Coordinating Council and with] public and private nonprofit, proprietary, and hospital based providers of home health care and homemaker services. The task force shall also consult with service consumers.
(cf: P.L.1980, c.35, s.2)
1[11.] 17.1 Section 8 of P.L.1948, c.249 (C.34:6-47.8) is amended to read as follows:
8. This act shall not be construed as applying to, shall not apply to, and is not intended to apply to, the construction, reconstruction, operations, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers; nor to the authorized and qualified employees of any person engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems, or electrical generating, transmission, distribution, and communication systems. This exception when applied to railway systems, shall be construed as permitting operation of standard rail equipment, which is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, at a distance of less than 6 feet from any high-voltage conductor of such railway system; but this act shall be construed as prohibiting normal repair or construction operations at a distance of less than 6 feet from any high-voltage conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved, unless there has been compliance with the safety provisions of sections 2, 4, and 5 hereof.
This act shall not be construed as applying to, shall not apply to and is not intended to apply to, motor vehicle transportation across or along a public road or highway where such transportation is subject to the requirements of Title 39, Motor Vehicles and Traffic Regulation of the Revised Statutes, nor to motor vehicle transportation subject to the requirements of [P.L.1952, chapter 16, page 65, section 1 et seq., New Jersey Highway Authority or P.L.1948, chapter 454, page 1856, section 1 et seq.,] the New Jersey Turnpike Authority, P.L.1948 c, 454 (C.27:23-1 et seq.).
(cf: P.L.1966, c.261, s.7)
1[12.] 18.1 Section 1 of P.L.2009, c.247 (C.34:6-158) is amended to read as follows:
1. The Legislature finds and declares that:
a. A significant portion of the apparel industry has a history of poor conditions for its workers;
b. The largest part of the apparel purchases of the State of New Jersey are for State employee uniforms, which should project a positive image for the State and help to instill pride on the part of State employees;
c. The State of New Jersey has, as a market participant, a compelling interest in guaranteeing that these uniforms and all of the other apparel it acquires are produced in the United States of America in conditions which are conducive to the reliable provision of high quality apparel and of which the State, its citizens, and its employees may be proud; and
d. It is, therefore, an appropriate policy [to establish an Apparel Procurement Board] to ensure that the State's interests as a market participant are protected with respect to apparel contracts entered into by the State and its instrumentalities.
(cf: P.L.2009, c.247, s.1)
1[13.] 19.1 Section 2 of P.L.2009, c.247 (C.34:6-159) is amended to read as follows:
2. For the purpose of [this act] P.L.2009, c.247 (C.34:6-158 et seq.):
"Apparel" means any clothing, headwear, linens or fabric.
"Apparel contracts" shall include all purchases, rentals or other acquisitions of apparel products by the State of New Jersey, including authorizations by the State of New Jersey for vendors to sell apparel products through cash allowances or vouchers issued by the State of New Jersey, and license agreements with a public body.
"Apparel production" shall include the cutting and manufacturing of apparel products performed by the vendor or by any sub-contractors, not including the production of supplies or sundries such as buttons, zippers, and thread.
"Bidder" means any person making a bid with a public body to serve as a vendor to a public body.
["Board" means the Apparel Procurement Board established by this act.]
"Commissioner" means the Commissioner of Labor and Workforce Development.
"Poverty line" means the official poverty line based on family size, established and adjusted under section 673 (2) of Subtitle B of the "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902 (2)).
"Public body" means the State of New Jersey, any agency of the State or any authority created by the Legislature.
"Vendor" means any person or business selling or otherwise providing apparel to or for a public body or entering into a license agreement with a public body to produce or provide items of apparel bearing names, trademarks or images of, or related to, the public body.
(cf: P.L.2009, c.247, s.2)
1[14.] 20.1 Section 3 of P.L.2009, c.247 (C.34:6-160) is amended to read as follows:
3. When purchasing or otherwise obtaining apparel from a vendor, including approving a vendor for participation in allowance or voucher programs, a public body shall require that all apparel production is in compliance with each of the following requirements, except in the case of a requirement that is adjudicated to be unenforceable because of preemption by federal law:
a. All apparel production under the contract shall be performed in the United States, except in cases in which the commissioner determines that it is not possible for the public body to obtain apparel produced in the United States which meets the necessary requirements of the public body;
b. Apparel production workers employed to produce the apparel shall be provided a work environment that is safe, healthy, and free of discrimination on the basis of race, national origin, religion, sex and sexual preference;
c. Apparel production workers employed to produce the apparel shall be provided non-poverty compensation at an hourly rate determined by the commissioner to be not less than the poverty line for a family of three, based on 40 hours of work a week for 50 weeks a year;
d. Apparel production workers employed to produce the apparel shall not be terminated except for just-cause and vendors and their contractors and sub-contractors shall provide a mechanism to resolve all disputes with apparel production workers;
e. Vendors and their contractors and sub-contractors shall adapt a neutrality position with respect to attempts to organize by their employees, and agree to voluntarily recognize a union when a majority of workers have signed cards authorizing union representation;
f. The facilities where the apparel production occurs shall be open to inspection by the commissioner, [the board, or] any political subdivision of this State, any other state or other governmental or intergovernmental unit with which the commissioner [or the board] cooperates, or by any appropriate consortia in which [the board or] the commissioner participates [pursuant to section 5 of this act]; and
g. No contractor or sub-contractor involved in the providing or production of apparel has a pattern or practice of violation of legal employment protections, including laws and regulations governing wages and hours, discrimination, occupational safety and health, child labor, industrial homework, workers' compensation, and occupational safety and health.
Every apparel contract and bid application shall contain a provision or provisions detailing the requirements of [this act] P.L.2009, c.247 (C.34:6-158 et seq.), and compliance with [this act] P.L.2009, c.247 (C.34:6-158 et seq.) shall be made a binding part of all apparel contracts.
(cf: P.L.2009, c.247, s.3)
1[15.] 21.1 Section 4 of P.L.2009, c.247 (C.34:6-161) is amended to read as follows:
4. Every bidder for an apparel contract with a public body shall inform the public body in writing of the following information, which shall be made available by the public body to the public as soon as possible, but in no case less than 30 days before a decision is made to award an apparel contract to a bidder:
a. Every location where apparel production is to take place, including any sub-contractor locations;
b. The name, business address, and names of principal officers of each sub-contractor to be used for apparel production in fulfillment of an apparel contract; and
c. An affidavit that each apparel production location meets the requirements of [this act] P.L.2009, c.247 (C.34:6-158 et seq.).
Any changes to the reported information during the term of an apparel contract must be reported by the vendor to the public body. The public body shall report all information required under this section to the [Apparel Procurement Board] commissioner, [which] who shall make the information available upon request to the public.
(cf: P.L.2009, c.247, s.4)
1[16.] 22.1 Section 3 of P.L.1997, c.415 (C.39:4-98.4) is amended to read as follows:
3. As used in this act:
"Authorities" means the [New Jersey Highway Authority, the] New Jersey Turnpike Authority and the South Jersey Transportation Authority.
"Commissioner" means the Commissioner of Transportation.
"Eligible public highways" means public highways as defined in section 3 of P.L. 1984, c. 73 (C.27:1B-3) of which portions have been determined by the commissioner to be appropriate for a 65 miles per hour speed limit based on such criteria as determined by the commissioner. Public highways under the jurisdiction of counties and municipalities shall not be eligible public highways.
(cf: P.L.1997, c.415, s.3)
1[17.] 23.1 Section 1 of P.L.1993, c.332 (C.39:4-203.5) is amended to read as follows:
1. a. For the purposes of this act:
"Area of highway construction or repair" means that segment of any highway which is identified by properly posted traffic control devices or signs as undergoing construction, reconstruction, repair, or maintenance operation. An area of highway construction or repair shall consist of that area between the first traffic control device or sign informing motor vehicle operators of their approaching highway construction or repair and the last traffic control device or sign indicating all restrictions are removed and normal motor vehicle operations may resume.
"Highway" means any highway under the jurisdiction of the [State] Department of Transportation, a county, a municipality, or a toll road authority.
"Safe corridor" or "safe corridor area" means a segment of highway under the jurisdiction of the Department of Transportation which, based upon accident rates, fatalities, traffic volume and other highway traffic safety criteria, is identified by the Commissioner of Transportation as a segment warranting designation as a "safe corridor."
"Toll road authority" means the New Jersey Turnpike Authority[, the New Jersey Highway Authority,] or the South Jersey Transportation Authority.
b. The fine for a motor vehicle offense embodied in the following sections of statutory law, when committed in an area of highway construction or repair, or when committed in a designated safe corridor, shall be double the amount specified by law:
Subsection b. of R.S.39:3-20;
R.S.39:4-52;
R.S.39:4-57;
R.S.39:4-71;
R.S.39:4-80;
R.S.39:4-81;
R.S.39:4-82;
R.S.39:4-83;
R.S.39:4-84;
R.S.39:4-85;
R.S.39:4-86;
R.S.39:4-88;
R.S.39:4-89;
R.S.39:4-90;
R.S.39:4-96;
R.S.39:4-97;
R.S.39:4-98;
R.S.39:4-99;
R.S.39:4-105;
R.S.39:4-115;
R.S.39:4-119;
R.S.39:4-122;
R.S.39:4-123;
R.S.39:4-124;
R.S.39:4-125;
R.S.39:4-127;
R.S.39:4-129;
R.S.39:4-144;
P.L.1955, c.217 (C.39:5C-1);
Section 48 of P.L.1951, c.23 (C.39:4-66.1);
Section 41 of P.L.1951, c.23 (C.39:4-82.1);
Section 51 of P.L.1951, c.23 (C.39:4-90.1);
Section 1 of P.L.2000, c.75 (C.39:4-97.2);
Section 6 of P.L.1997, c.415 (C.39:4-98.7);
Section 5 of P.L.1951, c.264 (C.27:23-29);
Section 18 of P.L.1952, c.16 (C.27:12B-18); and
Section 21 of P.L.1991, c.252 (C.27:25A-21).
When an area of highway construction or repair is within a safe corridor, the fine for a motor vehicle offense embodied in the preceding sections of statutory law shall be doubled only once. When a safe corridor is within an area of highway construction or repair, the fine for a motor vehicle offense embodied in the preceding sections of statutory law shall be doubled only once. Fines for violation of section 6 of P.L.1997, c.415 (C.39:4-98.7) in a safe corridor or an area of highway construction or repair shall be doubled only once. Notwithstanding any other provision of law, the increase from the doubled fines imposed and collected in designated safe corridor areas shall be forwarded by the person to whom they are paid to the State Treasurer, who shall annually deposit those moneys in the "Highway Safety Fund" established pursuant to section 5 of P.L.2003, c.131 (C.39:3-20.4).
c. (1) Signs designed in compliance with the specifications of the Department of Transportation or, if appropriate, the toll road authority having jurisdiction over the appropriate highway, shall be appropriately placed, by order of the Commissioner of Transportation, the appropriate local official, or the affected toll road authority, as the case may be, to notify drivers approaching areas of highway construction or repair, or designated safe corridor areas, that the fines are doubled for motor vehicle offenses in those areas.
(2) In addition, all traffic control signs and devices erected or displayed by the State Department of Transportation, a county, a municipality or a toll road authority within an area of highway construction or repair or safe corridor area shall conform to the uniform system specified in the most current "Manual on Uniform Traffic Control Devices for Streets and Highways," prepared by the Federal Highway Administration in the United States Department of Transportation.
d. It shall not be a defense to the imposition of the fines authorized under the provisions of [this act] P.L.1993, c.332 that a sign notifying drivers who are approaching highway construction or repair areas, or designated safe corridor areas, that fines are doubled for motor vehicle offenses in those areas was not posted, improperly posted, wrongfully removed or stolen, or that signs or devices were not placed in compliance with the most current "Manual on Uniform Traffic Control Devices for Streets and Highways" as required pursuant to paragraph (2) of subsection c. of this section.
e. The director shall include information concerning the penalties imposed pursuant to this act in any subsequent revision of the New Jersey Driver Manual and the New Jersey Motorist Guide.
f. Safe corridor areas shall be designated by traffic order issued pursuant to P.L.1998, c.28 (C.39:4-8.2 et seq.).
(cf: P.L.2003, c.131, s.1)
1[18.] 24.1 Section 2 of P.L.1983, c.2 (C.40:48-2.12a1) is amended to read as follows:
2. No exemption from inspection pursuant to the provisions of [section 3 of P.L.1967, c. 76 (C. 55:13A-3)] statutory law shall prevent any municipality from adopting an ordinance to provide for the inspection of buildings to assure the health, safety, and public welfare of the municipality and its residents.
(cf: P.L.1983, c.2, s.2)
1[19.] 25.1 Section 4 of P.L.1973, c.155 (C.43:7-18.1) is amended to read a follows:
4. The [pension commission] Division of Pensions and Benefits in the Department of the Treasury shall have the general responsibility for the proper operation of the pension fund and shall have such powers and shall exercise such functions and duties, as may be necessary and appropriate for the proper operation of the fund, subject to the provisions of P.L.1955, c. 70 (C.52:18A-95 et seq.). Any reference in a law, rule, regulation, judicial or administrative proceeding, or otherwise to the Prison Officers' Pension Commission shall mean and refer to the Division of Pensions and Benefits.
The [commission] division may make all necessary rules and regulations. Such rules and regulations shall be consistent with those adopted by the other pension funds within the Division of Pensions and Benefits in order to permit the most economical and uniform administration of all such retirement systems.
(cf: P.L.1973, c.155, s.4)
1[20.] 26.1 Section 13 of P.L.1941, c.220 (C.43:7-19) is amended to read as follows:
13. The [said pension commission] Division of Pensions and Benefits in the Department of the Treasury shall have control and management of said fund subject to the provisions of P.L.1950, c.270 (C.52:18A-79 et seq.), and of the retirement of said prison officers, and [they are] the division is hereby empowered to make all necessary rules and regulations regarding the same not inconsistent with this act. All moneys belonging to said pension fund shall be received and paid over to the Treasurer of the State of New Jersey, whose official bond shall cover the same. All moneys paid out of such pension fund shall be paid by the said treasurer upon warrants signed by the [president and secretary of said pension commission, or such other officers at the pension commission shall designate] director of the division.
(cf: P.L.1941, c.220, s.13)
1[21.] 27.1 Section 15 of P.L.1941, c.220 (C.43:7-21) is amended to read as follows:
15. The [president and secretary] Division of Pensions and Benefits in the Department of the Treasury shall, on behalf of the said pension [commission] fund, execute any and all releases, acquittances, receipts, or discharges of any and all written
evidences of indebtedness to said pension [commission] fund.
(cf: P.L.1941, c.220, s.15)
1[22.] 28.1 Section 16 of P.L.1941, c.220 (C.43:7-22) is amended to read as follows:
16. The [pension commission] Division of Pensions and Benefits in the Department of the Treasury shall make an annual report of the conditions of such fund and the manner in which same is invested.
(cf: P.L.1941, c.220, s.16)
1[23.] 29.1 Section 7 of P.L.1952, c.358 (C.43:16-6.2) is amended to read as follows:
7. [On July 1, 1952, and in each succeeding year, or, when July 1 is a legal holiday, upon the first business day thereafter, the members of the commission shall meet in annual meeting at which a chairman shall be elected from the membership thereof.] The [commission] Division of Pensions and Benefits in the Department of the Treasury shall keep, in convenient form, such data as may be necessary for the actuarial evaluation of the fund committed to its charge and to serve as a record of its experience in the administration of the pension system dependent upon such fund. [A record shall be kept of all proceedings of the commission, which shall be open to public inspection.] The Attorney General shall act as the legal adviser [of the commission] for the fund, except that if the Attorney General determines that a conflict of interest would affect the ability of the Attorney General to represent the [commission] division on a matter affecting the retirement system, the [commission] division may select and employ legal counsel to advise and represent the [commission] division on that matter. The actuary of the fund shall be selected by the Retirement Systems Actuary Selection Committee established by P.L.1992, c.125. [He] The actuary of the fund shall be the technical adviser of the [commission] division on all matters regarding the operation of the pension fund not otherwise prescribed by law.
(cf: P.L.1992, c.125, s.11)
1[24.] 30.1 R.S.43:16-7 is amended to read as follows:
43:16-7. The [commission] Division of Pensions and Benefits in the Department of the Treasury shall be [and are hereby constituted trustees] the trustee of all the funds established by this act. The division shall have the general responsibility for the proper operation of the pension fund and shall have such powers and shall exercise such functions and duties as may be necessary and appropriate for the proper operation of the fund. Any reference in a law, rule, regulation, judicial or administrative proceeding, or otherwise to the Consolidated Police and Firemen's Pension Fund Commission shall mean and refer to the Division of Pensions and Benefits.
The [commission] division may make all necessary rules and regulations with regard thereto. Such rules and regulations shall be consistent with those adopted by the other pension funds within the Division of Pensions and Benefits in order to permit the most economical and uniform administration of all such retirement systems. All moneys and assets of and belonging to the funds consolidated and required by this chapter to be consolidated and transferred to the pension fund, together with all increments and contributions thereto shall be received and paid over to the State Treasurer, whose official bond shall cover the same. No moneys shall be paid out of the consolidated fund except upon the warrant of the fund, signed by the [chairman and secretary] director of the division. All pensions granted under this chapter shall be exempt from execution, garnishment, attachment, sequestration, or other legal process. All moneys not needed for the immediate payment of pensions under this chapter shall be invested [for the commission] by the Director of the Division of Investment established pursuant to the provisions of chapter 270 of the laws of 1950, subject to the limitations contained in section 11 of said chapter. [A member of the commission, to be designated by a majority vote thereof, shall serve on the State Investment Council as a representative of said commission.]
(cf: P.L.1971, c.179, s.3)
1[25.] 31.1 Section 12 of P.L.1944, c.253 (C.43:16-17) is amended to read as follows:
12. The following words and phrases as used in this act, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Member" shall mean a person who on July 1, 1944, was a member of a municipal police department or paid or part-paid fire department or county police department or a paid or part-paid fire department of a fire district located in a township and who has contributed to the pension fund established under chapter 16 of Title 43 of the Revised Statutes and shall hereafter contribute to said fund.
(2) "Active member" shall mean any "member" who is a police officer, firefighter, detective, line person, driver of police van, fire alarm operator or inspector of combustibles and who is subject to call for active service or duty as such.
(3) "Employee member" shall mean any "member" who is not subject to call for active service or duty as a police officer, firefighter, detective, line person, driver of police van, fire alarm operator or inspector of combustibles.
(4) "Commission" shall mean the board having the general responsibility for the proper operation of the pension fund created by this act, subject to the provisions of chapter 70 of the laws of 1955.
(5) "Physician or surgeon" shall mean the medical board composed of physicians who shall be called upon to determine the disability of members as provided by this act.
(6) "Employer" shall mean the county, municipality or agency thereof by which a member is employed.
(7) "Service" shall mean service rendered while a member is employed by a municipal police department, paid or part-paid fire department, county police department or paid or part-paid fire department of a fire district located in a township prior to the effective date of this act for such service to such departments thereafter.
(8) "Pension" shall mean the amount payable to a member or the member's beneficiary under the provisions of this act.
(9) "Average salary" shall mean the average salary paid during the last three years of a member's service.
(10) "Beneficiary" shall mean any person or persons, other than a member, receiving or entitled to receive a pension or benefits, as provided by this act.
(11) "Parent" shall mean the parent of a member who was receiving at least one-half of that parent's support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.
(12) "County police" shall mean all police officers having supervision of regulation of traffic upon county roads.
(13) (Deleted by amendment, P.L.1989, c.78.)
(14) "Surviving spouse" shall mean the person to whom a member was married before the date of retirement or at least two years before the date of the member's death and whose marriage to the member continued until the member's death.
(15) "Child" shall mean a deceased member's unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and whose impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the examining physicians of the fund.
(16) "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions and Benefits, [the commission] and the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of the assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the [commission shall not set the] average percentage rate of increase applied to salaries shall not be set below 6%.
(17) "Final compensation" shall mean the compensation received by the member in the last 12 months of service preceding retirement.
(18) "Compensation" shall mean the base salary, for services as a member as defined in this act, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday.
(cf: P.L.2010, c.50, s.73)
1[26.] 32.1 Section 1 of P.L.1955, c.137 (C.43:16-19) is amended to read as follows:
1. Any member or any beneficiary who has been or, in the future, may be retired, or receive a pension, benefit, or retirement allowance, including an annuity, pursuant to the provisions of the act to which this act is a supplement, may, by filing written request with the [commission] Division of Pensions and Benefits in the Department of the Treasury, waive payment of a portion of the pension, benefit, or retirement allowance, including annuity, to which [he] the member or beneficiary may be entitled.
(cf: P.L.1955, c.137, s.1)
1[27.] 33.1 Section 2 of P.L.1955, c.137 (C.43:16-20) is amended to read as follows:
2. Upon the receipt of such a waiver, and until the same is withdrawn, altered, or revoked by a subsequent written request, similarly filed, the [commission] Division of Pensions and Benefits shall pay a reduced pension, benefit, retirement allowance, or annuity, as shall be requested in such waiver.
(cf: P.L.1955, c.137, s.2)
1[28.] 34.1 Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:
2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, [the Landscape Architect Examination and Evaluation Committee,] the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2012, c.71, s.17)
1[29.] 35.1 R.S.45:9-1 is amended to read as follows:
45:9-1. The State Board of Medical Examiners, hereinafter in this chapter designated as the "board" shall consist of 21 members, one of whom shall be the Commissioner of Health [and Senior Services], or [his] the commissioner's designee, three of whom shall be public members and one an executive department designee as required pursuant to section 2 of P.L.1971, c.60 (C.45:1-2.2), and 16 of whom shall be persons of recognized professional ability and honor, and shall possess a license to practice their respective professions in New Jersey, and all of whom shall be appointed by the Governor in accordance with the provisions of section 2 of P.L.1971, c.60 (C.45:1-2.2); provided, however, that said board shall consist of 12 graduates of schools of medicine or osteopathic medicine who shall possess the degree of M.D. or D.O. The number of osteopathic physicians on the board shall be a minimum of, but not limited to, two members. In addition the membership of said board shall comprise: one podiatric physician who does not possess a license to practice in any other health care profession regulated under Title 45 of the Revised Statutes; one physician assistant; one certified nurse midwife; and one licensed bio-analytical laboratory director, who may or may not be the holder of a degree of M.D. The term of office of members of the board hereafter appointed shall be three years or until their successors are appointed. A member is eligible for reappointment for one additional term of office, but no member shall serve more than two consecutive terms of office. Said appointees shall, within 30 days after receipt of their respective commissions, take and subscribe the oath or affirmation prescribed by law and file the same in the office of the Secretary of State.
[The Governor shall also appoint an advisory committee to consist of four licensed bio-analytical laboratory directors, only two of whom shall possess the degree of M.D. or D.O., and who shall be appointed from a list to be submitted by the society or organization of which the persons nominated are members. The members of this advisory committee shall serve for a term of three years and until their successors are appointed and qualified, and shall be available to assist the board in the administration of the "Bio-analytical Laboratory and Laboratory Directors Act (1953)," P.L.1953, c.420 (C.45:9-42.1 et al.). The advisory committee shall meet at the call of the board. The board may authorize reimbursement of the members of the advisory committee for their actual expenses incurred in connection with the performance of their duties as members of the committee.]
(cf: P.L.2011, c.22, s.1)
1[30.] 36.1 Section 1 of P.L.2009, c.82 (C.45:22A-46.3) is amended to read as follows:
1. The Legislature finds and declares that:
a. While the cost of housing in New Jersey has declined under currently eroding economic conditions, the cost of both renting and homeownership remains unaffordable to a large percentage of New Jersey residents, including those who make vital contributions to their communities such as teachers, nurses, police officers, firefighters, and the general workforce population;
b. In recognition of this crisis, Governor Jon S. Corzine has committed to producing and preserving 100,000 units of affordable housing for low-, moderate- and middle-income families and individuals over the next 10 years;
c. According to the 2000 U.S. Census, 55 percent of these families are one and two person households, many of which are unable to find homes and apartments designed to meet their needs;
d. While no policy is singularly responsible for current housing conditions, zoning practices have resulted in a lack of land approved for housing which meets the needs of households requiring smaller housing units;
e. The shortage of affordably priced workforce housing has been exacerbated in recent years by a municipal preference for age-restricted housing which has resulted in an oversupply of age-restricted housing approvals and an inability among the majority of New Jersey's workforce to live near their jobs;
f. [While the Legislature has created a State Housing Commission, which has been charged with reviewing New Jersey's housing limitations and its future needs to create a balanced housing policy and plan appropriate for all New Jerseyans, it has not yet commenced operation;] (Deleted by amendment, P.L. , c. .) (pending before the Legislature as this bill)
g. Although the maximum municipal percentage of affordable fair share housing which may be met by age-restricted units in a municipality has been reduced from 50 percent to 25 percent under the recently adopted rules of the Council on Affordable Housing, a mechanism is needed to permit an age-restricted development to change to a converted development to meet this rule, and to meet demographic needs; and
h. Under currently deteriorating national economic conditions, it is appropriate to take immediate action at this time to create the opportunity to increase the production and supply of workforce housing through the conversion of the over-supplied age-restricted market to meet the needs of New Jersey's residents who require smaller, more reasonably priced homes.
(cf: P.L.2009, c.82, s.1)
1[31.] 37.1 Section 10 of P.L.2001, c.416 (C.48:16-22.3b) is amended to read as follows:
10. Any person who owns a limousine service shall require an applicant for employment as a limousine operator or driver to be tested, at the applicant's expense, for dangerous controlled substances as defined in N.J.S.2C:35-2. [Upon the advice of the State Limousine Advisory Committee, the] The Chief Administrator of the New Jersey Motor Vehicle Commission shall adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for the licensing and testing of applicants for employment as limousine operators or drivers. The regulations shall be substantially similar to the regulations of New York City concerning the testing of an applicant for a for-hire vehicle driver's license pursuant to section 6-15 of Title 35 of the New York City Rules and Regulations.
(cf: P.L.2007, c.35, s.2)
1[32.] 38.1 Section 3 of P.L.2002, c.129 (C.52:17B-194.3) is amended to read as follows:
3. a. The Attorney General shall establish "Amber's Plan," a program authorizing the broadcast media, upon notice from the State Police, to transmit an emergency alert to inform the public of a child abduction. The program shall be a voluntary, cooperative effort between State and local law enforcement agencies and the broadcast media.
b. The Attorney General shall notify the broadcast media serving the State of New Jersey of the establishment of "Amber's Plan" and invite their voluntary participation.
c. The following criteria shall be met before the State Police activate the Amber Alert:
(1) The child is believed to be abducted;
(2) The child is 17 years of age or younger;
(3) The child may be in danger of death or serious bodily injury; and
(4) There is sufficient information available to indicate that an "Amber Alert" would assist in locating the child.
d. The participating media shall voluntarily agree, upon notice from the State Police, to transmit emergency alerts to inform the public of a child abduction that has occurred within their broadcast service regions. The notice shall be provided through the State Police operational dispatch unit.
The alerts shall be read after a distinctive sound tone and the statement: "This is an Amber Abducted Child Alert." The alerts shall be broadcast as often as possible, pursuant to the guidelines established by the New Jersey Broadcasters' Association, for the first three hours. After the initial three hours, the alert shall be rebroadcast at such intervals as the investigating authority, the State Police and the participating media deem appropriate.
The alerts shall include a description of the child, such details of the abduction and abductor as may be known, and such other information as the State Police may deem pertinent and appropriate. The State Police shall in a timely manner update the broadcast media with new information when appropriate concerning the abduction.
The alerts also shall provide information concerning how those members of the public who have information relating to the abduction may contact the State Police or other appropriate law enforcement agency.
Concurrent with the notice provided to the broadcast media, the State Police operational dispatch unit shall also notify the Department of Transportation, [the New Jersey Highway Authority,] the New Jersey Turnpike Authority and the South Jersey Transportation Authority of the "Amber Alert." Through the use of their variable message signs, the department and the affected authorities shall inform the motoring public that an "Amber Alert" is in progress and provide information relating to the abduction and how motorists may report any information they have to the State Police or other appropriate law enforcement agency.
e. The alerts shall terminate upon notice from the State Police.
f. The Attorney General, with the assistance of the participating broadcast media, shall develop and undertake a public education campaign to inform the public about "Amber's Plan"and the emergency alert program established under this act.
g. The Attorney General may adopt guidelines to effectuate the purposes of this act.
(cf: P.L.2002, c.129, s.3)
1[33. Section 1 of P.L.1989, c.3 (C.52:17C-1) is amended to read as follows:
1. As used in this act:
a. "Automatic number identification (ANI)" means an enhanced 9-1-1 service capability that enables the automatic display of the callback number used to place a 9-1-1 call;
b. "Automatic location identification (ALI)" means an enhanced 9-1-1 service capability that enables the automatic display of information defining the geographical location of the telephone used to place a 9-1-1 call;
c. "Commission" means the Statewide Public Safety Communications Commission [created pursuant to section 5 of P.L.2011, c.4 (C.52:17C-3.2)] in, but not of, the Department of Law and Public Safety pursuant to section 53 of P.L. c. (C. ) (pending before the Legislature as this bill);
d. "County 9-1-1 Coordinator" means the County 9-1-1 Coordinator appointed pursuant to section 5 of this act;
e. "Enhanced 9-1-1 network" means the switching equipment, trunk system, database operation and connections to the public safety answering point;
f. "Enhanced 9-1-1 network features" means those features of selective routing which have the capability of automatic number and location identification;
g. "Enhanced 9-1-1 service" means a service consisting of telephone network features and public safety answering points provided for users of the public telephone system enabling the users to reach a public service answering point by dialing the digits "9-1-1." The service directs 9-1-1 calls to appropriate public safety answering points by selective routing based on the location from which the call originated and provides for automatic number identification and automatic location identification features;
h. "Enhanced 9-1-1 termination equipment" means the equipment located at the public safety answering point which is needed to receive or record voice and data communications from the enhanced 9-1-1 network;
i. "Office" means the Office of [Emergency Telecommunications Services established by section 3 of this act] Homeland Security and Preparedness in but not of the Department of Law and Public Safety;
j. "Public safety agency" means a functional division of a municipality, a county, or the State which dispatches or provides law enforcement, fire fighting, emergency medical services, or other emergency services;
k. "Private safety agency" means any entity, except a municipality or a public safety agency, providing emergency medical services, fire fighting, or other emergency services;
l. "Public safety answering point (PSAP)" means a facility, operated on a 24-hour basis, assigned the responsibility of receiving 9-1-1 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 9-1-1 calls to other public safety agencies. A public safety answering point is the first point of reception by a public safety agency of 9-1-1 calls and serves the jurisdictions in which it is located or other participating jurisdictions;
m. "Selective routing" means the method employed to direct 9-1-1 calls to the appropriate public safety answering point based on the location from which the call originated;
n. "Emergency enhanced 9-1-1 system" or "system" means the emergency enhanced 9-1-1 telephone system to be established pursuant to this act, including wireless enhanced 9-1-1 service;
o. "Telephone company" means the organization that provides switched local telephone exchange access service;
p. "Wireless telephone company" means any person providing commercial mobile radio service as defined in 47 U.S.C.s.332 (d);
q. "FCC wireless E9-1-1 requirements" means the order adopted in the Federal Communications Commission proceeding entitled "Revision of the Commission's Rules to Ensure Comparability with Enhanced 9-1-1 Emergency Calling Systems," (CC Docket No. 94-102: RM-8143), or any successor proceeding, and the rules adopted by the Federal Communications Commission in any such proceeding, as these rules may be amended from time to time;
r. "Wireless 9-1-1 service" means the service which enables wireless telephone company customers to dial the digits 9-1-1 and be connected to a public safety agency;
s. "Wireless enhanced 9-1-1 service" means the service required to be provided by a wireless telephone company pursuant to FCC wireless E9-1-1 requirements;
t. "Chief Technology Officer" means the person appointed by and serving at the pleasure of the Governor who is responsible for the day-to-day operations of the Office of Information Technology;
u. (Deleted by amendment, P.L.2011, c.4).
v. "Office of Information Technology" means the Office of Information Technology in but not of the Department of the Treasury;
w. "Council" means the Statewide Public Safety Communications Advisory Council created pursuant to section 6 of P.L.2011, c.4 (C.52:17C-3.3);
x. "Delaware River Homeland Security Region Communications Working Group" means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues;
y. "Interoperability" means the ability of diverse information and communication technology systems and the processes they support to effectively work together through compatible communication paths to directly and satisfactorily exchange, correlate, and integrate data, information, and knowledge across jurisdictional boundaries and to use the data, information, and knowledge that has been exchanged;
z. "Northeast/UASI Homeland Security Region Communications Working Group" means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues;
aa. "Northwest Homeland Security Region Communications Working Group" means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues;
bb. "Shore Homeland Security Region Communications Working Group" means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues; and
cc. "State Agency Communications Working Group" means the group of individuals made up of State and quasi-state agencies as defined in the State Preparedness Report that collaborate on common communications issues.
(cf: P.L 2011, c.4, s.1)]1
1[34. Section 5 of P.L.2011, c.4 (C.52:17C-3.2) is amended to read as follows:
5. a. There is established [in the Office of Information Technology] a Statewide Public Safety Communications Commission in the Department of Law and Public Safety pursuant to section 53 of P.L. c. (C. ) (pending before the legislature as this bill) which shall oversee the office in the planning, design, and implementation of the Statewide emergency enhanced 9-1-1 telephone system and the New Jersey Interoperable Communications System.
b. The commission shall consist of 16 members as follows: two members of the Senate appointed by the President of the Senate, who shall not be both of the same political party; two members of the General Assembly appointed by the Speaker of the General Assembly, who shall not be both of the same political party; the following members ex officio: Chief Technology Officer of the Office of Information Technology or his designee; Director of the Office of Homeland Security and Preparedness or his designee; Superintendent of State Police or his designee; Commissioner of the Department of Health [and Senior Services] or his designee; the State Treasurer or his designee; the New Jersey State Fire Marshal or his designee; the following public members appointed by the Governor with the advice and consent of the Senate: a representative of the Northeast/UASI Homeland Security Region; a representative of the Delaware River Homeland Security Region; a representative of the Shore Homeland Security Region; a representative of the Northwest Homeland Security Region; a representative from the State Agency Communications Working Group; and a representative from the Statewide Public Safety Communications Advisory Council.
c. The members of the Senate and General Assembly appointed to the commission shall serve for the term for which they were elected. The members of the Senate and General Assembly appointed to the commission shall be non-voting, advisory members, appointed solely for the purpose of developing and facilitating legislation to assist the commission in fulfilling its statutory mission, and may not exercise any of the executive powers delegated to the commission by law.
d. Of the public members first appointed to the commission by the Governor with the advice and consent of the Senate, two shall be appointed for terms of three years, two shall be appointed for terms of two years, and one shall be appointed for a term of one year. Thereafter, the public members of the commission shall be appointed for terms of three years. Vacancies on the commission shall be filled in the same manner as the original appointment but for the unexpired term. Members may be removed by the appointing authority for cause. The initial members shall be appointed within 30 days of the effective date of this act. The commission shall have the authority to establish subcommittees as it deems appropriate to carry out the purposes of this act.
e. The commission shall be co-chaired by the Chief Technology Officer within the Office of Information Technology and the Director of the Office of Homeland Security and Preparedness, or their designees.
f. The commission shall be constituted upon the appointment of the majority of its authorized membership and shall have no expiration date.
g. The commission shall meet bi-annually or at more frequent intervals at the discretion of the co-chairs. The meetings of the commission shall be held at the times and in the places necessary and appropriate to fulfill its duties and responsibilities.
h. The [Office of Information Technology] Office of Homeland Security and Preparedness shall provide such administrative and professional assistance as the commission requires to carry out its work.
i. The commission shall be authorized to call to its assistance and avail itself of the services of the employees of any State, county, or local law enforcement entity, any fire department, paid or volunteer, rescue squad or any other department or agency as it may require. State, county, and municipal agencies shall cooperate with the commission by providing information and data as needed.
j. For security concerns, meetings of the commission shall be exempt from the provisions set forth in the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). Records made or maintained by the commission shall not be considered public or government records under P.L.1963, c.73 (C.47:1A-1 et seq.). The commission may call upon staff members and the expertise of non-council members to participate in commission activities to provide information and advice.
k. The commission shall adopt a charter to effectuate this act within 180 days after the first meeting date.
(cf: P.L.2011, c.4, s.5)]1
1[35.] 39.1 Section 1 of P.L.1959, c.17 (C.52:18A-88.1) is amended to read as follows:
1. The Director of the Division of Investment, in addition to other investments, presently or from time to time hereafter authorized by law, shall have authority to invest and reinvest the moneys in, and to acquire for or on behalf of the funds of the following enumerated agencies:
The Consolidated Police and Firemen's Pension Fund [Commission];
The Police and Firemen's Retirement System of New Jersey;
The Prison Officers' Pension [Commission] Fund;
The Public Employees' Retirement System of New Jersey;
The State Police Retirement System;
The Teachers' Pension and Annuity Fund;
The Judicial Retirement System of New Jersey;
The Trustees for the Support of Public Schools;
and all other funds in the custody of the State Treasurer, unless otherwise provided by law;
such investments which shall be authorized or approved for investment by regulation of the State Investment Council.
(cf: P.L.1997, c.26, s.25)
1[36.] 40.1 Section 4 of P.L.1985, c.494 (C.52:18A-208) is amended to read as follows:
4. There is created in the Department of the Treasury, a fund to be known as the Vietnam Veterans' Memorial Fund. The fund shall be credited with [any moneys received by the Vietnam Veterans' Memorial Committee as donations under section 3 of this act, and] any moneys as may [thereafter] be donated by members of the public or appropriated to the fund by law. All interest on moneys in the fund shall be credited to the fund. The moneys in the fund shall be administered by the State Treasurer, to be held thereby in the fund until appropriated by law. Not later than [six months after the effective date of this act] July 21, 1986, and periodically thereafter, the State Treasurer shall certify to the Legislature the total amount of moneys in the fund.
(cf: P.L.1985, c.494, s.4)
1[37.] 41.1 Section 4 of P.L.1996, c.72 (C.52:18A-218) is amended to read as follows:
4. There is created in the Department of the Treasury, a fund to be known as the Korean Veterans' Memorial Fund. The fund shall be credited with [any moneys received by the Korean Veterans' Memorial Committee as donations under section 3 of this act,] any moneys that may [thereafter] be donated by members of the public, the money appropriated to the fund under section 6 of [this act] P.L.1996, c.72 and any other moneys appropriated to the fund by law. All interest on moneys in the fund shall be credited to the fund. The moneys in the fund shall be administered by the State Treasurer, to be held thereby in the fund until appropriated by law. Not later than [six months after the effective date of this act] January 22, 1997, and periodically thereafter, the State Treasurer shall certify to the Legislature the total amount of moneys in the fund.
(cf: P.L.1996, c.72, s.4)
1[38.] 42.1 Section 8 of P.L.2007, c.56 (C.52:18A-226) is amended to read as follows:
8. As used in this act:
a. ["Chair" means the chairperson of the New Jersey Information Technology Governing Board.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. ["Governing Board" means the New Jersey Information Technology Governing Board established by section 10 of P.L.2007, c.56 (C.52:18A-228).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
c. "Office" means the Office of Information Technology established by section 9 of P.L.2007, c.56 (C.52:18A-227).
d. "Project Review Board" means the New Jersey Information Technology Project Review Board established by section 14 of P.L.2007, c.56 (C.52:18A-232).
(cf: P.L.2007, c.56, s.8)
1[39.] 43.1 Section 9 of P.L.2007, c.56 (C.52:18A-227) is amended to read as follows:
9. a. There is established an Office of Information Technology.
b. The office shall be established in the Executive Branch of State Government and to comply with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office shall be allocated in but not of the Department of the Treasury. Notwithstanding this allocation, the office shall be independent of any supervision or control by the State Treasurer, or the department, or by any division, board, office, or other officer thereof.
c. The office shall be directed by the Chief Technology Officer, who shall report directly to the Governor.
d. The Chief Technology Officer shall submit requests for the budget of the office [directly to the Governing Board which shall review the requests and upon approval forward them] to the Division of Budget and Accounting in the Department of the Treasury.
e. Under the direction of the Chief Technology Officer, the office shall be responsible for [:
(1)] providing and maintaining the information technology infrastructure of the Executive Branch of State Government, including all ancillary departments and agencies of the Executive Branch of State Government [; and
(2) providing staff support to the Governing Board at the request of the Chair].
f. The functions, powers, and duties granted to the office by Executive Order No. 84 of 1984, Executive Order No. 87 of 1998, and Executive Order No. 42 of 2006 shall be continued, and any function, power, or duty granted to the office by the Executive Orders that is inconsistent with the provisions of this act shall be rescinded.
(cf: P.L.2007, c.56, s.9)
1[40.] 44.1 Section 12 of P.L.2007, c.56 (C.52:18A-230) is amended to read as follows:
12. The Chief Technology Officer shall be authorized to:
a. Establish the internal organizational structure of the Office of Information Technology in a manner appropriate to carrying out the duties and functions, and fulfilling the responsibilities, of the office;
b. Coordinate and conduct all information technology operations in the Executive Branch of State Government, including agency technology operations;
c. Draft and establish Service Level Agreements with each department and agency in the Executive Branch of State Government;
d. [In consultation with the Governing Board, review] Review and analyze the results of the Statewide Information Technology Assessment Study; and
e. Enter into agreements, in accordance and consistent with applicable law, regulations, and existing contracts, with private and public entities or individuals to effectuate the purposes of sections 6 through 16 of P.L.2007, c.56 (C.52:18A-224 through C.52:18A-234).
(cf: P.L.2007, c.56, s.12)
1[41.] 45.1 Section 13 of P.L.2007, c.56 (C.52:18A-231) is amended to read as follows:
13. a. The Chief Technology Officer is authorized to appoint up to six Deputy Chief Technology Officers.
b. Each Deputy Chief Technology Officer shall be appointed by and serve at the pleasure of the Chief Technology Officer, and shall be responsible for information technology planning, coordination, budgeting, technical architecture, and management of large-scale information technology initiatives, in a single area of interest as determined by the [Chair of the Governing Board and the] Chief Technology Officer.
(cf: P.L.2007, c.56, s.13)
1[42.] 46.1 Section 14 of P.L.2007, c.56 (C.52:18A-232) is amended to read as follows:
14. a. There is established the New Jersey Information Technology Project Review Board.
b. The Project Review Board shall report directly to the [Governing Board] Chief Technology Officer and shall be comprised of between three and five Executive Branch officials, selected by the [Chair of the Governing Board with the approval of the] Governor.
c. The Project Review Board shall be responsible for the review, approval, and monitoring of large-scale information technology projects in the Executive Branch of State Government.
d. The Project Review Board shall meet at the discretion of the [Chair of the Governing Board] Chief Technology Officer or the Governor, and shall convene meetings and hearings at the times and in the places as a majority of the members of the board shall decide.
e. The Office of Information Technology shall provide such stenographic, clerical, and other administrative assistants, and such professional staff, as the Project Review Board requires to carry out its work. The board shall be entitled to call to its assistance, and avail itself of the services of, the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.
f. The Governor shall define the extent of large-scale information technology projects and establish a monetary threshold for information technology projects requiring the review and approval of the Project Review Board.
(cf: P.L.2007, c.56, s.14)
1[43.] 47.1 Section 16 of P.L.2007, c.56 (C.52:18A-234) is amended to read as follows:
16. All Executive Branch departments and State agencies are directed to cooperate fully with the Office of Information Technology [, the Governing Board,] and the Chief Technology Officer to implement the provisions of sections 6 through 16 of P.L.2007, c.56 (C.52:18A-224 through C.52:18A-234) and to ensure effective use of information technology within the Executive Branch of State Government.
The Governor shall define and establish the overall direction, standards, and priorities for the information technology community in the Executive Branch of State Government.
(cf: P.L.2007, c.56, s.16)
1[44.] 48.1 Section 6 of P.L.1966, c.293 (C.52:27D-6) is to read as follows:
6. (a) There is hereby established in the Department of Community Affairs [an Advisory Council on Community Affairs,] an Office of Community Services, a Division of Local Finance, a Division of Housing and Urban Renewal, a Division of State and Regional Planning, a Division on Aging, a Division of Youth, and an Office of Economic Opportunity.
The commissioner also shall have authority to organize and maintain in [his] the commissioner's offices an administrative division and to assign to employment therein such secretarial, clerical and other assistants in the department as his office and the internal operations of the department shall require.
(b) In addition, the commissioner shall have the authority to reorganize the department and the several divisions, offices, bureaus and agencies established therein, in any manner which he deems to be necessary and desirable.
(cf: P.L.1967, c.286, s.18)
1[45.] 49.1 Section 20 of P.L.1985, c.222 (C.52:27D-320) is amended to read as follows:
20. There is established in the Department of Community Affairs a separate trust fund, to be used for the exclusive purposes as provided in this section, and which shall be known as the "New Jersey Affordable Housing Trust Fund." The fund shall be a non-lapsing, revolving trust fund, and all monies deposited or received for purposes of the fund shall be accounted for separately, by source and amount, and remain in the fund until appropriated for such purposes. The fund shall be the repository of all State funds appropriated for affordable housing purposes, including, but not limited to, the proceeds from the receipts of the additional fee collected pursuant to paragraph (2) of subsection a. of section 3 of P.L.1968, c.49 (C.46:15-7), proceeds from available receipts of the Statewide non-residential development fees collected pursuant to section 35 of P.L.2008, c.46 (C.40:55D-8.4), monies lapsing or reverting from municipal development trust funds, or other monies as may be dedicated, earmarked, or appropriated by the Legislature for the purposes of the fund. All references in any law, order, rule, regulation, contract, loan, document, or otherwise, to the "Neighborhood Preservation Nonlapsing Revolving Fund" shall mean the "New Jersey Affordable Housing Trust Fund." The department shall be permitted to utilize annually up to 7.5 percent of the monies available in the fund for the payment of any necessary administrative costs related to the administration of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), [the State Housing Commission,] or any costs related to administration of P.L.2008, c.46 (C.52:27D-329.1 et al.).
a. Except as permitted pursuant to subsection g. of this section, and by section 41 of P.L.2009, c.90 (C.52:27D-320.1), the commissioner shall award grants or loans from this fund for housing projects and programs in municipalities whose housing elements have received substantive certification from the council, in municipalities receiving State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.), in municipalities subject to a builder's remedy as defined in section 28 of P.L.1985, c.222 (C.52:27D-328) or in receiving municipalities in cases where the council has approved a regional contribution agreement and a project plan developed by the receiving municipality.
Of those monies deposited into the "New Jersey Affordable Housing Trust Fund" that are derived from municipal development fee trust funds, or from available collections of Statewide non-residential development fees, a priority for funding shall be established for projects in municipalities that have petitioned the council for substantive certification.
Programs and projects in any municipality shall be funded only after receipt by the commissioner of a written statement in support of the program or project from the municipal governing body.
b. The commissioner shall establish rules and regulations governing the qualifications of applicants, the application procedures, and the criteria for awarding grants and loans and the standards for establishing the amount, terms and conditions of each grant or loan.
c. For any period which the council may approve, the commissioner may assist affordable housing programs which are not located in municipalities whose housing elements have been granted substantive certification or which are not in furtherance of a regional contribution agreement; provided that the affordable housing program will meet all or part of a municipal low and moderate income housing obligation.
d. Amounts deposited in the "New Jersey Affordable Housing Trust Fund" shall be targeted to regions based on the region's percentage of the State's low and moderate income housing need as determined by the council. Amounts in the fund shall be applied for the following purposes in designated neighborhoods:
(1) Rehabilitation of substandard housing units occupied or to be occupied by low and moderate income households;
(2) Creation of accessory apartments to be occupied by low and moderate income households;
(3) Conversion of non-residential space to residential purposes; provided a substantial percentage of the resulting housing units are to be occupied by low and moderate income households;
(4) Acquisition of real property, demolition and removal of buildings, or construction of new housing that will be occupied by low and moderate income households, or any combination thereof;
(5) Grants of assistance to eligible municipalities for costs of necessary studies, surveys, plans and permits; engineering, architectural and other technical services; costs of land acquisition and any buildings thereon; and costs of site preparation, demolition and infrastructure development for projects undertaken pursuant to an approved regional contribution agreement;
(6) Assistance to a local housing authority, nonprofit or limited dividend housing corporation or association or a qualified entity acting as a receiver under P.L.2003, c.295 (C.2A:42-114 et al.) for rehabilitation or restoration of housing units which it administers which: (a) are unusable or in a serious state of disrepair; (b) can be restored in an economically feasible and sound manner; and (c) can be retained in a safe, decent and sanitary manner, upon completion of rehabilitation or restoration; and
(7) Other housing programs for low and moderate income housing, including, without limitation, (a) infrastructure projects directly facilitating the construction of low and moderate income housing not to exceed a reasonable percentage of the construction costs of the low and moderate income housing to be provided and (b) alteration of dwelling units occupied or to be occupied by households of low or moderate income and the common areas of the premises in which they are located in order to make them accessible to handicapped persons.
e. Any grant or loan agreement entered into pursuant to this section shall incorporate contractual guarantees and procedures by which the division will ensure that any unit of housing provided for low and moderate income households shall continue to be occupied by low and moderate income households for at least 20 years following the award of the loan or grant, except that the division may approve a guarantee for a period of less than 20 years where necessary to ensure project feasibility.
f. Notwithstanding the provisions of any other law, rule or regulation to the contrary, in making grants or loans under this section, the department shall not require that tenants be certified as low or moderate income or that contractual guarantees or deed restrictions be in place to ensure continued low and moderate income occupancy as a condition of providing housing assistance from any program administered by the department, when that assistance is provided for a project of moderate rehabilitation if the project (1) contains 30 or fewer rental units and (2) is located in a census tract in which the median household income is 60 percent or less of the median income for the housing region in which the census tract is located, as determined for a three person household by the council in accordance with the latest federal decennial census. A list of eligible census tracts shall be maintained by the department and shall be adjusted upon publication of median income figures by census tract after each federal decennial census.
g. In addition to other grants or loans awarded pursuant to this section, and without regard to any limitations on such grants or loans for any other purposes herein imposed, the commissioner shall annually allocate such amounts as may be necessary in the commissioner's discretion, and in accordance with section 3 of P.L.2004, c.140 (C.52:27D-287.3), to fund rental assistance grants under the program created pursuant to P.L.2004, c.140 (C.52:27D-287.1 et al.). Such rental assistance grants shall be deemed necessary and authorized pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), in order to meet the housing needs of certain low income households who may not be eligible to occupy other housing produced pursuant to P.L.1985, c.222 (C.52:27D-301 et al.).
h. The department and the State Treasurer shall submit the "New Jersey Affordable Housing Trust Fund" for an audit annually by the State Auditor or State Comptroller, at the discretion of the Treasurer. In addition, the department shall prepare an annual report for each fiscal year, and submit it by November 30th of each year to the Governor and the Legislature, and the Joint Committee on Housing Affordability, or its successor, and post the information to its web site, of all activity of the fund, including details of the grants and loans by number of units, number and income ranges of recipients of grants or loans, location of the housing renovated or constructed using monies from the fund, the number of units upon which affordability controls were placed, and the length of those controls. The report also shall include details pertaining to those monies allocated from the fund for use by the State rental assistance program pursuant to section 3 of P.L.2004, c.140 (C.52:27D-287.3) and subsection g. of this section.
i. The commissioner may award or grant the amount of any appropriation deposited in the "New Jersey Affordable Housing Trust Fund" pursuant to section 41 of P.L.2009, c.90 (C.52:27D-320.1) to municipalities pursuant to the provisions of section 39 of P.L.2009, c.90 (C.40:55D-8.8).
(cf: P.L.2009, c.90, s.38)
1[46.] 50.1 Section 2 of P.L.1986, c.103 (C.52:27D-331) is amended to read as follows:
2. The Legislature finds and declares that: continuing care retirement communities are becoming an important and increasingly preferred alternative for the long-term residential, social and health care needs of New Jersey's senior citizens; because senior citizens often expend a significant portion of their savings in order to purchase care in the retirement community and thereby expect to receive care at the retirement community for the rest of their lives, tragic consequences can result to senior citizens when a continuing care provider becomes insolvent or unable to provide responsible care; and there is a need for full disclosure concerning the terms of agreements made between prospective residents and the continuing care providers and the operations of the providers; therefore, it is the policy of this State that providers of continuing care shall register with and be monitored by the State Department of Community Affairs [and that a Continuing Care Advisory Council be established to advise and assist the Commissioner of Community Affairs in the monitoring of these providers and the regulation of continuing care retirement facilities].
(cf: P.L.1986, c.103, s.2)
1[47.] 51.1 Section 19 of P.L.2004, c.120 (C.54:1-85) is amended to read as follows:
19. a. (1) [There is established in the Department of the Treasury the "Highlands Municipal Property Tax Stabilization Board," which shall consist of three members to be appointed by the Governor, who shall be recognized experts in the field of taxation. Members of the board may also be members of the Highlands Water Protection and Planning Council established pursuant to section 4 of P.L.2004, c.120 (C.13:20-4).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(2) [Within 120 days after the date of enactment of P.L.2004, c.120 (C.13:20-1 et al.), the board, in consultation with the Highlands Water Protection and Planning Council, shall establish procedures for determining the valuation base of a qualified municipality, whether fiscal stress has been caused by the implementation of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.) in a qualified municipality, and the amount due a qualified municipality to compensate for a decline in the aggregate true value of vacant land directly attributable to the implementation of the "Highlands Water Protection and Planning Act."] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. The "Highlands Municipal Property Tax Stabilization Fund" is established in the General Fund as a special nonlapsing fund for the purpose of providing State aid to qualified municipalities pursuant to this section. There shall be credited each State fiscal year from the "Highlands Protection Fund" created pursuant to section 21 of P.L.2004, c.120 (C.13:20-19) to the Highlands Municipal Property Tax Stabilization Fund such sums as shall be necessary to provide State aid to qualified municipalities pursuant to this section. Every qualified municipality shall be eligible for a distribution from the fund pursuant to the provisions of this section.
c. The assessor of every qualified municipality shall certify to the county tax board on a form to be prescribed by the Director of the Division of Taxation in the Department of the Treasury, and on or before December 1 annually, a report of the assessed value of each parcel of vacant land in the base year and the change in the assessed value of each such parcel in the current tax year attributable to successful appeals of assessed values of vacant land to the county tax board pursuant to R.S.54:3-21 et seq. or attributable to a revaluation approved by the director and implemented or a reassessment approved by the county board of taxation. If a judgment or an appeal is overturned or modified, upon a final judgment an appropriate adjustment shall be made by the director in the payment of the entitlement due next following the judgment.
d. (1) Upon receipt of reports filed pursuant to subsection c. of this section [and using procedures developed by the board pursuant to subsection a. of this section], the county tax board shall compute and certify to the director on or before December 20 of each year, in such manner as to identify for each qualified municipality the aggregate decline, if any, in the true value of vacant land, comparing the current tax year to the base year. The aggregate changes so identified for each qualified municipality shall constitute its valuation base for purposes of this section.
(2) [The Director of the Division of Taxation shall, on or before January 10 of each year, provide the board with all relevant information collected pursuant to the provisions of this section and any other information deemed necessary by the board to determine the valuation base.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(3) [Upon receipt of the information, the board shall make a final determination on the valuation base of each qualified municipality; calculate the amount due a qualified municipality, in accordance with the procedures developed pursuant to subsection a. of this section, to compensate for a decline, if any, by multiplying its valuation base by its tax rate; and certify to the director and the State Treasurer, on or before February 1 of each year, that amount to which each qualified municipality is entitled.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
e. [Upon receipt of the certification by the board, the] The State Treasurer shall certify to each qualified municipality, on or before February 15, its property tax stabilization amount. A copy of the certified amounts shall be forwarded to the Director of the Division of Local Government Services in the Department of Community Affairs.
f. (1) The State Treasurer, upon warrant of the Director of the Division of Budget and Accounting in the Department of the Treasury, shall pay to each qualified municipality its entitlement as State aid from the sums available in the "Highlands Municipal Property Tax Stabilization Fund" in two equal installments pursuant to a schedule prescribed by the Division of Local Government Services.
(2) If the amount available in the "Highlands Municipal Property Tax Stabilization Fund" in any year is insufficient to pay the full amount to which each qualified municipality is entitled pursuant to this section, the payments shall be made on a pro rata basis.
(3) Notwithstanding any provisions of this section to the contrary, in the sixth, seventh, eighth, ninth, and tenth years of the State aid program created by this section, a qualified municipality shall be entitled to receive, respectively, 90%, 70%, 50%, 30%, and 10% of the sum it otherwise would have been paid pursuant to this subsection, and thereafter the program shall expire.
g. Any municipality receiving a certification from the State Treasurer pursuant to subsection e. of this section shall anticipate such sums in its annual budget or any amendments or supplements thereto as a direct offset to the amount to be raised by taxation.
h. The Director of the Division of Taxation in reviewing the reports filed pursuant to subsection c. of this section may make such changes therein as the director deems necessary to ensure that the reports accurately reflect the change in the assessed value of vacant land.
i. The Director of the Division of Local Government Services shall make such changes in the budget of any qualified municipality to ensure that all sums received pursuant to this section are utilized as a direct offset to the amount to be raised by taxation and shall make such changes therein as the director deems necessary to ensure that the offset occurs.
j. Any sum received by a qualified municipality pursuant to this section shall not be considered as an exception or exemption under P.L.1976, c.68 (C.40A:4-45.1 et seq.).
k. Notwithstanding the provisions of the "Local Budget Law" (N.J.S.40A:4-1 et seq.), a qualified municipality which is due a property tax stabilization payment pursuant to this section may anticipate the amount of the entitlement in its annual budget for the year in which the payment is made.
l. The State Treasurer may deduct from the State aid a municipality would otherwise receive pursuant to this section an amount equivalent to that portion of any sums received by a municipality pursuant to section 1 of P.L.1999, c.225 (C.58:29-8) that the State Treasurer, in consultation with the Director of the Division of Local Government Services, determines to be duplicative of any State aid received pursuant to this section.
m. The Director of the Division of Taxation and the Director of the Division of Local Government Services shall each adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this section.
n. As used in this section:
"Base year" means the calendar year 2003;
["Board" means the Highlands Municipal Property Tax Stabilization Board established pursuant to subsection a. of this section;]
"Current tax year" means the most recent year for which a report is filed pursuant to subsection c. of this section;
"Highlands preservation area" means the preservation area of the Highlands Region designated by subsection b. of section 7 of P.L.2004, c.120 (C.13:20-7);
"Qualified municipality" means any municipality located wholly or partially in the Highlands preservation area, provided however, that after the adoption of the Highlands regional master plan by the Highlands Water Protection and Planning Council pursuant to section 8 of P.L.2004, c.120 (C.13:20-8), qualified municipality shall mean only a municipality that has conformed its municipal master plan and development regulations to the Highlands regional master plan pursuant to section 14 of P.L.2004, c.120 (C.13:20-14);
"Tax rate" means that portion of the effective property tax rate for the current tax year which reflects local taxes to be raised for district school purposes and local municipal purposes, calculated by dividing the total of column 12, section C by net valuation on which county taxes are apportioned in column 11, both as reflected in the Abstract of Ratables for the current tax year, and expressed as a rate per $100 of true value;
"True value of vacant land" or "true value" means the aggregate assessed value of vacant land divided by the average ratio of assessed-to-true value of real property (commonly known as the equalization rate) promulgated by the Director of the Division of Taxation in the Department of the Treasury and published in the table of equalized valuation; and
"Valuation base" means the change in the aggregate true value of vacant land directly attributable to the implementation of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.) in a qualified municipality when comparing the current tax year to the base year.
o. This section shall expire July 1 next following one year after the date the last State aid payment is made to a qualified municipality in the tenth year as provided pursuant to paragraph (3) of subsection f. of this section.
(cf: P.L.2004, c.120, s.19)
1[48.] 52.1 Section 2 of P.L.1999, c.92 (C.54A:9-25.16) is amended to read as follows:
2. The Legislature shall annually appropriate all funds deposited in the "Korean Veterans' Memorial Fund" to [the Korean Veterans' Memorial Committee in] the Department of Military and Veterans' Affairs.
(cf: P.L.1999, c.92, s.2)
1[49.] 53.1 Section 3 of P.L.1967, c.76 (C.55:13A-3) is amended to read as follows:
3. The following terms whenever used or referred to in [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) shall have the following respective meanings for the purposes [of this act] thereof, except in those instances where the context clearly indicates otherwise:
(a) The term "act" shall mean [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), any amendments or supplements thereto, and any rules and regulations promulgated thereunder.
(b) The term "accessory building" shall mean any building which is used in conjunction with the main building of a hotel, whether separate therefrom or adjoining thereto.
(c) [The term "board" shall mean the Hotel and Multiple Dwelling Health and Safety Board created by subsection (a) of section 5 of this act in the Division of Housing and Development of the Department of Community Affairs.] (Deleted by amendment, P.L. , c. .) (pending before the Legislature as this bill)
(d) The term "bureau" shall mean the Bureau of Housing Inspection in the Department of Community Affairs.
(e) (Deleted by amendment.)
(f) The term "commissioner" shall mean the Commissioner of [the Department of] Community Affairs.
(g) The term "department" shall mean the Department of Community Affairs.
(h) The term "unit of dwelling space" or the term "dwelling unit" shall mean any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of [his] the person's or persons' servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
(i) The term "protective equipment" shall mean any equipment, device, system or apparatus, whether manual, mechanical, electrical or otherwise, permitted or required by the commissioner to be constructed or installed in any hotel or multiple dwelling for the protection of the occupants or intended occupants thereof, or of the public generally.
(j) The term "hotel" shall mean any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.
This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided, that this definition shall not be construed to include any building or structure defined as a multiple dwelling in [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such nor shall this definition be construed to include a rooming house or a boarding house as defined in the "Rooming and Boarding House Act of 1979," P.L.1979, c.496 (C.55:13B-1 et al.) or, except as otherwise set forth in P.L.1987, c.270 (C.55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined in this section.
(k) The term "multiple dwelling" shall mean any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other. This definition shall also mean any group of ten or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two units of dwelling space are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. This definition shall not include:
(1) any building or structure defined as a hotel in [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), or registered as a hotel with the Commissioner of Community Affairs as hereinafter provided, or occupied or intended to be occupied exclusively as such;
(2) a building section containing not more than four dwelling units, provided the building has at least two exterior walls unattached to any adjoining building section and the dwelling units are separated exclusively by walls of such fire-resistant rating as comports with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) at the time of their construction or with a rating as shall be established by the bureau in conformity with recognized standards and the building is held under a condominium or cooperative form of ownership, or by a mutual housing corporation, provided that if any units within such a building section are not occupied by an owner of the unit, then that unit and the common areas within that building section shall not be exempted from the definition of a multiple dwelling for the purposes of P.L.1967, c.76 (C.55:13A-1 et seq.). A condominium association, or a cooperative or mutual housing corporation shall provide the bureau with any information necessary to justify an exemption for a dwelling unit pursuant to this paragraph; or
(3) any building of three stories or less, owned or controlled by a nonprofit corporation organized under any law of this State for the primary purpose to provide for its shareholders or members housing in a retirement community as same is defined under the provisions of the "Retirement Community Full Disclosure Act," P.L.1969, c.215 (C.45:22A-1 et seq.), provided that the corporation meets the requirements of section 2 of P.L.1983, c.154 (C.55:13A-13.1).
(l) The term "owner" shall mean the person who owns, purports to own, or exercises control of any hotel or multiple dwelling. The term "owner" shall also mean and include any person who owns, purports to own, or exercises control over three or more dwelling units within a multiple dwelling.
(m) The term "person" shall mean any individual, corporation, association, or other entity, as defined in R.S.1:1-2.
(n) The term "continuing violation" shall mean any violation of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) or any regulation promulgated thereunder, where notice is served within two years of the date of service of a previous notice and where violation, premise and person cited in both notices are substantially identical.
(o) The term "project" shall mean a group of buildings subject to the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), which are or are represented to be under common or substantially common ownership and which stand on a single parcel of land or parcels of land which are contiguous and which group of buildings is named, designated or advertised as a common entity. The contiguity of such parcels shall not be adversely affected by public rights-of-way incidental to such buildings.
(p) The term "mutual housing corporation" means a corporation not-for-profit incorporated under the laws of New Jersey on a mutual or cooperative basis within the scope of Title VI, s.607 of the "Lanham Public War Housing Act," 54 Stat. 1125, 42 U.S.C. s.1501 et seq., as amended, which acquired a National Defense Housing Project pursuant to said act.
(q) "Condominium" means the form of ownership so defined in the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.).
(r) "Cooperative" means a housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by said corporation or association, or to lease or purchase a dwelling constructed or to be constructed by said corporation or association.
(s) "Retreat lodging facility" means a building or structure, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, owned by a nonprofit corporation or association which has tax-exempt charitable status under the federal Internal Revenue Code and which has sleeping facilities used exclusively on a transient basis by persons participating in programs of a religious, cultural or educational nature, conducted under the sole auspices of one or more corporations or associations having tax-exempt charitable status under the federal Internal Revenue Code, which are made available without any mandatory charge to such participants.
(cf: P.L.1999, c.384, s.1)
1[50.] 54.1 Section 5 of P.L.1967, c.76 (C.55:13A-5) is amended to read as follows:
5. (a) The Board of Housing Inspection heretofore constituted in the Division of Housing and Urban Renewal in the Department of Community Affairs by section 23 of chapter 293 of the laws of 1966 is hereby abolished, except that the powers, functions and duties of said Board of Housing Inspection are hereby transferred to and vested in the commissioner. [In its stead, there is hereby created in the Division of Housing and Urban Renewal of the Department of Community Affairs a Hotel and Multiple Dwelling Health and Safety Board. Said board shall consist of 10 members, each of whom shall be a resident of this State, to be appointed by the Governor with the advice and consent of the Senate for terms of 5 years. Of the members appointed by the Governor, 6 shall be residents of this State representing the general public, 2 shall be representatives of the hotel and motel industry by reason of experience in the construction or operation of hotels or motels, and 2 shall be representatives of the real estate industry by reason of experience in the construction, operation or sales of multiple dwellings. Each member shall serve for the term of his appointment and until his successor shall have been appointed and qualified. Any vacancy in the membership of the board shall be filled by appointment for the unexpired term only. Any member of the board may be removed by the Governor at any time, for cause, upon notice and opportunity to be heard. The members of the board shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the discharge of their duties.
The board shall consult with and advise the commissioner with respect to rules and regulations proposed to be promulgated pursuant to this act and advise the commissioner on matters concerning hotel and multiple dwelling health and safety generally. The board shall meet at the call of the commissioner, the time and place of such meeting to be fixed by the commissioner. The board shall annually elect one of its members as the chairman thereof, and such other officers as it may deem appropriate.
The persons in office on the effective date of this act as members of the Board of Housing Inspection hereby abolished shall continue in office as members of the Hotel and Multiple Dwelling Health and Safety Board created herein, for the periods of their respective terms as members of said Board of Housing Inspection which remain unexpired on the effective date of this act, and until their respective successors are appointed by the Governor and have qualified.]
(b) The office of supervisor of hotel fire safety heretofore constituted in the Bureau of Housing Inspection of the Division of Housing and Urban Renewal in the Department of Community Affairs by section 24 of chapter 293 of the laws of 1966 is hereby abolished, except that the powers, functions and duties of said office of supervisor of hotel fire safety are hereby transferred to and vested in the commissioner.
(cf: P.L.1967, c.76, s.5)
1[51.] 55.1 Section 6 of P.L.1967, c.76 (C.55:13A-6) is amended to read as follows:
6. The commissioner is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), including but not limited to, the power:
(a) To provide owners or groups of owners with such advisory consultation and educational services as will assist said owners or groups of owners to discharge their responsibilities under [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), and to suggest to said owners or groups of owners methods and procedures by which they may develop and implement health and safety programs;
(b) To enter and inspect, without prior notice, any hotel or multiple dwelling as provided by [this amendatory and supplementary act] P.L.1967, c.76 (C.55:13A-1 et seq.), and to make such investigation as is reasonably necessary to carry out the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.);
(c) To administer and enforce the provisions of existing law, and any amendments and supplements thereto, and any rules or regulations promulgated thereunder, concerning the regulation of multiple dwellings, also commonly known as tenements, and hotels;
(d) To issue subpenas to any person subject to [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) which shall compel attendance at any hearing as a witness and shall compel production of such reports, documents, books or papers, in any part of the State before the commissioner or a member of the department designated by [him] the commissioner, as the commissioner may deem necessary to implement the purposes of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.). In any case where a person neglects or refuses to obey the command of such subpena, the commissioner may apply ex parte to the Superior Court for an order compelling a person to testify or to produce files, books, papers, documents or other objects in accordance with the subpena issued by the commissioner and, in addition, said person shall be subject to a penalty of $100,000.00 for each instance in which [he] the person does not comply with the subpena issued by the commissioner, said penalty to be recovered pursuant to section 18 of [this act] P.L.1967, c.76 (C.55:13A-18);
(e) To issue and promulgate such rules and regulations as the commissioner may deem necessary to implement the purposes of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), which rules and regulations shall have the force and effect of law until revised, repealed or amended from time to time by the commissioner in the exercise of [his] the commissioner's discretion; provided, that any such rules and regulations shall be filed with the Office of Administrative Law;
(f) To enforce and administer the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), enter complaints against any person violating the provisions [of this act] thereof, and to prosecute or cause to be prosecuted violations of the provisions [of this act] thereof in administrative hearings and civil actions in State or local courts;
(g) To assess penalties and to compromise and settle any claim for a penalty for any violation of the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) in such amount in the discretion of the commissioner as may appear appropriate and equitable under all of the circumstances of said violation in any of the actions or proceedings mentioned in subsection (f) of this section;
(h) To institute an in rem action against the property upon which a violation exists in cases where the owner, after diligent effort, cannot be served;
(i) To institute a quasi in rem action against the owner by attachment of the property upon which a violation exists, followed by service by publication, in cases where the owner, after diligent effort, cannot be served;
(j) To hold and exercise all the rights and remedies available to a judgment creditor where a judgment lien arises as a result of a penalty action or an administrative proceeding taken pursuant to enforcement of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.); and
(k) To adopt, amend and repeal [, after consultation with the Hotel and Multiple Dwelling Health and Safety Board,] rules concerning the qualifications and licensing of persons employed by local agencies and municipalities to enforce this amendatory and supplementary act and fees to cover the cost of any licensing program.
(cf: P.L.1987, c.30, s.1)
1[52.] 56.1 Section 13 of P.L.1967, c.76 (C.55:13A-13) is amended to read as follows:
13. (a) Each multiple dwelling and each hotel shall be inspected at least once in every five years for the purpose of determining the extent to which each hotel or multiple dwelling complies with the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated hereunder.
(b) Within 90 days of the most recent inspection, the owner of each hotel shall file with the commissioner, upon forms provided by the commissioner, an application for a certificate of inspection. Said application shall include such information as the commissioner shall prescribe to enforce the provisions of this law. Said application shall be accompanied by a fee as follows: $15 per unit of dwelling space for the first 20 units of dwelling space in any building or project, $12 per unit of dwelling space for the 21st through 100th unit in any building or project, $8 per unit of dwelling space for the 101st through 250th unit in any building or project, and $5 per unit of dwelling space for all units over 250 in any building or project, except that in the case of hotels open and operating less than six months in each year the fee shall be one-half that which would otherwise be required. A certificate of inspection and the fees therefor shall not be required more often than once every five years.
Additionally, there shall be reinspection fees for hotels in the amount of $10 for each dwelling unit reinspected.
Within 90 days of the most recent inspection of any multiple dwelling occupied or intended to be occupied by three or more persons living independently of each other, the owner of each such multiple dwelling shall file with the commissioner, upon forms provided by the commissioner, an application for a certificate of inspection. Said application shall include such information as the commissioner shall prescribe to enforce the provisions of this law. Said application shall be accompanied by a fee of $33 per unit of dwelling space for the first 7 units in any building or project, $21 per unit of dwelling space for the 8th through the 24th unit in any building or project, $18 per unit for the 25th through the 48th unit in any building or project, and $12 per unit of dwelling space for all units of dwelling space over 48 in any building or project, provided that the maximum total fee for owner-occupied three-unit multiple dwellings shall be limited to $65 for owners having a household income that is less than 80 percent of the median income for households of similar size in the county in which the multiple dwelling is located, and the maximum total fee for owner-occupied four-unit multiple dwellings shall be limited to $80 for owners having a household income that is less than 80 percent of the median income for households of similar size in the county in which the multiple dwelling is located. A certificate of inspection and the fees therefor shall not be required more often than once every five years.
Additionally, there shall be reinspection fees for multiple dwellings in the amount of $40 for each dwelling unit reinspected, but only after the first reinspection.
The commissioner may waive the inspection fee for any unit upon a finding that the unit has been thoroughly inspected within the previous 12-month period under a municipal ordinance requiring inspection upon change of occupancy in accordance with the maintenance standards established by the commissioner under [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), and has received a municipal certificate of occupancy as a result of that inspection.
If the commissioner finds that (1) a building has been thoroughly inspected prior to resale since the most recent inspection in accordance with this section, (2) the inspection prior to resale was conducted by the municipality in accordance with the maintenance standards established by the commissioner under [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), and (3) a municipal certificate of occupancy was issued as a result of that inspection, the commissioner may accept the inspection done prior to resale in lieu of a current inspection under this section. If the commissioner accepts an inspection prior to resale in lieu of a current inspection, no fee shall be charged for any inspection done by the commissioner within five years after the date of the inspection so accepted.
(c) If the commissioner determines, as a result of the most recent inspection of any hotel or multiple dwelling as required by subsection (a) of this section, that any hotel or multiple dwelling complies with the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated hereunder, then the commissioner shall issue to the owner thereof, upon receipt of the application and fee as required by subsection (b) of this section, a certificate of inspection. Any owner to whom a certificate of inspection is issued shall keep said certificate posted in a conspicuous location in the hotel or multiple dwelling to which the certificate applies. The certificate of inspection shall be in such form as may be prescribed by the commissioner.
The commissioner may, upon finding a consistent pattern of compliance with the maintenance standards established under [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) in at least 20 percent of the units in a building or project, issue a certificate of inspection for the building or project, in which case the inspection fee shall be charged on the basis of the number of units inspected.
The commissioner may by rule establish standards for self-inspection by condominium associations exercising control over buildings of not more than three stories, constructed after 1976, and certified by the local enforcing agency having jurisdiction as being in compliance with the Uniform Fire Code promulgated pursuant to P.L.1983, c.383 (C.52:27D-192 et seq.), in which at least 80 percent of the dwelling units are occupied by the unit owners. The commissioner shall issue a certificate of acceptance, which shall be in lieu of a certificate of inspection, upon acceptance of any such self-inspection and upon payment of a fee of $25.
(d) If the commissioner determines, as a result of the most recent inspection of any hotel or multiple dwelling as required by subsection (a) of this section, that any hotel or multiple dwelling does not comply with the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated thereunder, then the commissioner shall issue to the owner thereof a written notice stating the manner in which any such hotel or multiple dwelling does not comply with [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) or regulations promulgated thereunder. Said notice shall fix such date, not less than 60 days nor more than 180 days, on or before which any such hotel or multiple dwelling must comply with the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated thereunder. If any such hotel or multiple dwelling is made to comply with the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated thereunder on or before the date fixed in said notice, then the commissioner shall issue to the owner thereof a certificate of inspection as described in subsection (c) of this section. If any such hotel or multiple dwelling is not made to comply with the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated thereunder on or before the date fixed in said notice, then the commissioner shall not issue to the owner thereof a certificate of inspection as described in subsection (c) of this section, and shall enforce the provisions of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) against the owner thereof.
(e) The commissioner shall annually review the cost of implementing and enforcing [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), including the cost to municipalities of carrying out inspections pursuant to section 21 of [this act] P.L.1967, c.76 (C.55:13A-21), and shall establish by rule, not more frequently than once every three years, such fees as may be necessary to cover the costs of such implementation and enforcement; provided, however, that any increase or decrease shall be applied as a uniform percentage to each category of fee established herein, and provided, further, that the percentage amount of any increase shall not exceed the percentage increase in salaries paid to State employees since the then current fee schedule was established. The commissioner shall provide by rule to owners the option of paying inspection fees in installments in the form of an annual fee. The commissioner shall annually prepare and file with the presiding officers of the Senate and General Assembly and the legislative committees having jurisdiction in housing matters a report setting forth the amounts of fees and penalties received by the Bureau of Housing Inspection, the cost to the bureau of enforcing this act, and information concerning the productivity of the bureau. Copies of the report shall also be submitted to the Office of Administrative Law for publication in the New Jersey Register [and to the members of the Hotel and Multiple Dwelling Health and Safety Board]. If in any State fiscal year the fee revenue received by the bureau exceeds the cost of enforcement of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.), the excess revenue shall be distributed pro rata to persons who paid inspection fees during that fiscal year. Such distribution shall be made within three months after the end of the fiscal year.
(f) Except as otherwise provided in section 2 of P.L.1991, c.179 (C.55:13A-26.1), the fees established by or pursuant to the provisions of this section are dedicated to meeting the costs of implementing and enforcing [this act] P.L.1967, c.76 (C.55:13A-1 et seq.) and shall not be used for any other purpose. All receipts in excess of $2,200,000 are hereby appropriated for the purposes of [this act] P.L.1967, c.76 (C.55:13A-1 et seq.).
(cf: P.L.1991, c.179, s.1)
1[53. (New section) a. The Statewide Public Safety Communications Commission in the Office of Information Technology, together with its functions, powers, and duties is transferred to and constituted as the Statewide Public Safety Communications Commission in, but not of, the Department of Law and Public Safety. All references in any law, order, rule, regulation, contract, document, judicial or administrative proceeding, or otherwise to the Statewide Public Safety Communications Commission in the Office of Information Technology, or the supervisor thereof, shall mean the Statewide Public Safety Communications Commission, in but not of, the Department of Law and Public Safety. All transfers shall be made pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14d-1 et seq.).
b. For the purposes of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated to the Department of Law and Public Safety but, notwithstanding that allocation, except as provided in subsection c. of this section, the division shall be independent of any supervision or control by the department or the Attorney General or any other officer of the department.
c. Notwithstanding the provisions of subsection b. of this section, the Director of the Office of Homeland Security and Preparedness shall provide oversight of the commission, and shall work in conjunction with the commission in order to properly coordinate the functions of the commission.
In order to achieve administrative efficiencies, any employee of the Statewide Public Safety Communications Commission engaged in commission functions, as well as any additional administrative or clerical support personnel, may be transferred to the Office of Homeland Security, as mutually agreed upon by the Chief Technology Officer of the Office of Information Technology and the Director of the Office of Homeland Security and Preparedness. Personnel transferred from the Office of Information Technology to the Office of Homeland Security and Preparedness pursuant to this section shall be transferred with all tenure rights and any rights or protections provided by Title 11A of the New Jersey Statutes or other applicable statute, and any pension law or retirement system.]1
157. (New section) a. The State Board of Human Services in the Department of Human Services, established as the State Board of Control of Institutions and Agencies pursuant to R.S.30:1-2 and continued as the State Board of Human Services pursuant to section 20 of P.L.1971, c.384 (C.30:1-2.2), is abolished; and all of its functions, powers, and duties are transferred to the Department of Human Services, subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
b. All appropriations and other monies available, and to become available, to the State Board of Human Services are continued in the Department of Human Services and shall be available for the objects and purposes for which these monies are appropriated, subject to the provisions of this act and any other terms, restrictions, limitations, or other requirements imposed by law.
c. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the State Board of Human Services, the same shall mean and refer to the Department of Human Services.1
1[54.] 58.1 The following are repealed:
Section 6 of P.L.1994, c.128 (C.2C:7-11);
Sections 1 through 5 and 10 of P.L.1997, c.97 (C.12:6B-1 through C.12:6B-6);
Sections 1 and 3 through 19 of P.L.1966, c.291 (C.13:1C-1 and C.13:1C-3 through C.13:1C-19);
P.L.2008, c.82 (C.13:19-38 et seq.);
Section 16 of P.L.1996, c.45 (C.17:1-24);
1[Sections 305 through 314 of P.L.1948, c.67 (C.17:9A-305 through C.17:9A-314);]1
Sections 9 and 10 of P.L.1993, c.327 (C.26:1A-36.13 and C.26:1A-36.14);
1[Sections 2 through 4 of P.L.1957, c.72 (C.26:1A-108 through C.26:1A-110);]1
Sections 5 through 7 of P.L.2003, c.266 (C.26:2C-8.19 through C.26:2C-8.21);
1P.L.1999, c.72 (C.26:2V-1 et seq.);
Sections 20 and 21 of P.L.1971, c.384 (C.30:1-2.2 and C.30:1-2.3);1
Sections 21 and 24 of P.L.1976, c.98 (C.30:1B-21 and C.30:1B-23);
1Section 3 of P.L.1950, c.166 (C.30:4B-3);1
P.L.1947, c.252 (C.30:4-177.1 et seq.);
P.L.1997, c.402 (C.32:35-1 et seq.);
P.L.1997, c.87 (C.34:1A-81 et seq.);
P.L.1995, c.293 (C.34:1B-107 et seq.);
Section 6 of P.L.1997, c.97 (C.34:1B-140);
Section 21 of P.L.2008, c.27 (C.34:1B-230);
Section 22 of P.L.2008, c.27 (C.34:1B-231);
Section 26 of P.L.2008, c.27 (C.34:1B-235);
Section 30 of P.L.2003, c.13 (C.39:2A-30);
Section 12 of P.L.1941, c.220 (C.43:7-18);
Section 5 of P.L.1952, c.358 (C.43:16-6.1);
Section 17 of P.L.1999, c.356 (C.48:16-22.7);
P.L.1993, c.199 (C.52:9XX-1 et seq.);
P.L.1999, J.R.1 (C.52:14-15.111 et seq.);
Section 10 of P.L.2007, c.56 (C.52:18A-228);
Section 30 of P.L.1998, c.44 (C.52:27C-90);
Section 31 of P.L.1998, c.44 (C.52:27C-91);
Section 32 of P.L.1998, c.44 (C.52:27C-92);
Section 1 of P.L.1996, c.269 (C.52:27D-11);
Section 11 of P.L.1971, c.411 (C.52:27D-107);
Sections 21 through 30 of P.L.2008, c.46 (C.52:27D-329.10 through C.52:27D-329.19);
P.L.1993, J.R.7;
P.L.1993, c.82;
Section 47 of P.L.1993, c.139;
P.L.1993, c.196;
P.L.1993, c.336;
P.L.1997, c.275;
P.L.1999, c.7;
Section 4 of P.L.2000, c.35;
P.L.2000, c.64;
Section 8 of P.L.2001, c.5;
Section 15 of P.L.2001, c.404;
P.L.2001, c.445;
P.L.2005, c.102;
P.L.2005, c.279;
P.L.2005, c.305;
P.L.2005, c.312;
Sections 1 through 3 of P.L.2005, c.321;
P.L.2005, c.339;
P.L.2005, J.R.8;
P.L.2007, c.173; and
Section 118 of P.L.2008, c.29.
1[55.] 59.1 The following boards, commissions, committees, and councils, however created, are hereby terminated:
The Advisory Council on Juvenile Justice; and
The Board of Family Development.
1[56.] 60.1 This act shall take effect immediately.
