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LEGISLATIVE UPDATE – SUMMER 2008
A number of important bills
advanced in recent weeks in which NJAC members may have an interest. Below is an update:
Universal Health Care
Universal
“Kids” Coverage Becomes Law
TRENTON
– A bill that would require health insurance coverage for all New Jersey children and some eligible
parents became law today.
The bill, S-1557, represents the first phase for
establishing in New Jersey what supporters believe will be universal
healthcare. It establishes a “Kids First Mandate,” which would cover all
children under the age of 18 living in households with incomes below 350
percent of the federal poverty level.
Under the bipartisan bill, uninsured employees with
dependent children under 19 years of age whose incomes fall between 133 percent
and 200 percent of the Federal poverty level would also be covered by the
program. The law would not affect people
whose employers currently provide health coverage.
The number of people who would enroll in the
program cannot be known, according to the sponsors, but they recommend state
funding for next year in the amount of $187.6 million. In order to maximize enrollment, the bill
calls on state agencies to establish an outreach program educating residents
about their eligibility.
NJAC followed the legislation but took no official
position. It passed in the Assembly by a
vote of 59-18 and in the Senate by a margin of 39-1.
Affordable Housing
Affordable Housing Reforms Enacted, RCAs Eliminated
TRENTON - Legislation
that would change the way municipalities provide low-income housing was adopted
recently by both houses of the Legislature.
The
bill, sponsored by Assembly Speaker Joseph Roberts, would eliminate Regional Contribution Agreements (RCA),
which many suburban towns have used to comply with their obligations set by the
state Council on Affordable Housing. It
also increases the number of low-income units that towns are obliged to
provide.
The measure purports to help towns offset higher
costs associated with building more units with a dedicated fund that would be
supported by a 2.5 percent tax on non-residential development projects.
Under the current system established several decades
ago, towns wising to limit development could pay other municipalities to assume
a portion of their COAH obligations.
Critics, including Roberts and Governor Jon Corzine, have argued that
the mechanism permits suburban municipalities to avoid their responsibility to
provide low-income housing. The result,
they say, is a concentration of poverty in the cities and persistent racial
segregation.
Opponents of the changes argue that it will be a boon
to developers at the expense of suburban property taxpayers, who will
invariably have to pay more for the infrastructure, schools and services that
will be necessary because of forced development. They also claim that the new system will
accelerate suburban sprawl and over-development.
The New Jersey Association of Counties followed the
legislation but remained neutral.
Green Buildings
“Green” Contracts Extended to 15-Year Contracts
TRENTON - A bill that would permit counties to enter into
15-year contracts to upgrade buildings in order topromote energy efficiency
emerged from the Legislature recently and may become law before the end of
summer.
Current law limits the duration of most capital
improvement and consulting contracts to two years. For public entities, however, it can take
many more years to plan, finance, develop and install new energy systems for
multiple facilities, many of which are old.
Extending the duration of such contracts enables counties to plan more
carefully and proceed with large projects without having to negotiate new terms
or select new firms every two years.
The bill, A-844, would allow public entities to
“green” their facilities with energy-efficient technologies. Potential new sources of energy include solar
electricity, wind energy, fuel cells, geothermal heating, wave or tidal energy,
methane gas from landfills, hydroelectric power or a biomass fuel created from
plant matter.
Counties, municipalities and school districts are
moving toward “green” building systems to cut energy costs and reduce their
impact on the environment.
NJAC supported the measure.
Department of Personnel
Departments of
Personnel and Commerce Commission Abolished
TRENTON - Two bills eliminating the state Department of
Personnel and the State Commerce Commission were adopted recently by the
Legislature and have advanced to the Governor’s desk.
The first measure, A-2803 would dismantle the state
Department of Personnel and transfer its functions to other departments. The DOP would be replaced by a new Civil
Service Commission, under the legislation.
All Department employees would keep their jobs except the Commissioner,
whose powers would be divided between several other cabinet officials.
The Commerce Commission
would be abolished under S-1980. All of
its employees would keep their jobs as well, and its duties and powers would be
reassigned to the newly-created Division of Business Assistance, Marketing, and
International Trade. The new division would be situated within the New Jersey
Economic Development Authority.
Both measures are part of Governor Corzine’s plan to
streamline state government and reduce state spending.
NJAC took no position on the respective bills.
Building Permits Building Permits
Extended until July, 1 2010
TRENTON - The Legislature recently adopted a bill intended to
boost the state’s flagging real estate industry by extending most building
permits until July 1, 2010.
Most building permits have a two-year life span from
the date of issuance. With real estate development in steep decline and many
projects stalled for financial reasons, developers are facing the costly
dilemma of having to reapply for expired permits for projects in which they are
involved already, or walking away altogether.
Under A-2867, permits issued after January 1, 2007 will be valid until
July 1, 2010.
Supporters say the cost of reapplying for building
permits would cause longer delays and higher expenses for an industry that is
already reeling under the worst real estate decline in decades. Counties, towns and school districts would
also have to wait longer to collect taxes on properties that remain unoccupied.
Exemptions to the legislation are transportation permits,
federal permits and those involving environmentally sensitive areas such as the
Pinelands or the Highlands.
Pension Reform Pension Reform
Advances TRENTON - Both houses recently approved legislation
that would reform the pension systems for public school teachers and public
employees. The bill, S-1962, would change eligibility
standards for the Teacher’s Pension and Annuity Fund (TPAF) and the Public
Employees’ Retirement System (PERS).
The legislation would
implement six major recommendations that are aimed at cutting the rapidly
escalating cost of running the two systems.
Among those reforms is a
measure to increase the retirement age from 60 to 62. The bill also increases
the minimum annual compensation for both TPAF and PERS to $7,500.
Another reform measure would
require public employees to work a minimum 20 hours per week in order to be
eligible for participation in the State Health Benefits Program (SHBP).
A violation of this
requirement is punishable as a fourth degree crime and violators could be
convicted of a crime, under the bill.
They could face 18 months in prison and a $10,000 fine.
In addition, the bill
reduces number of paid holidays for public employees from 13 to 12 by
eliminating Lincoln’s
birthday.
For the increased retirement
age from 60 to 62, The Divisions of Pensions and Benefits estimate additional
savings to range from $600,000 to $820,000 beginning in 2011. The Department of
Treasury predicts that the reduction of paid holidays will save $1.4 million
annually once the provisions become effective.
NJAC took no position on the
reforms.
UPDATE ON FY 2009 STATE BUDGET
Please be advised that the Legislature is presently conducting hearings on the Governor’s proposed FY 2008-09 State Budget. Pertinent information concerning the State Budget as it relates to county governments is set forth below. Please do not hesitate to contact me or the Association’s Legislative Director Nick DiRocco at (609) 394-3467 with any questions or concerns regarding the following.
FY 2008-09 State Budget
In February of 2008, Governor Corzine announced a $32.9 billion proposed State budget that contains no new or increased taxes and reduces State spending by $2.7 billion. Specifically, the proposed budget eliminates the State Departments of Agriculture, Personnel and Commerce, reduces the State’s workforce by approximately 3,000 jobs through a combination of attrition, layoffs and an early retirement program and cuts the budget of every State Executive Branch Department. These cuts represent a $350 million reduction in the operating costs of State government.
In addition, the Governor’s budget makes deep cuts in the amount of State aid distributed to municipalities. Specifically, the budget proposes a $190 million reduction in the level of aid to towns and cities across the State. Moreover, in accordance with the budget’s proposed State aid formula, municipalities with fewer than 10,000 residents will be targeted for significant aid reductions while municipalities with fewer than 5,000 residents will receive no State aid. To offset the adverse impact of these budgetary curtailments, all municipalities with fewer than 10,000 residents will be given priority standing in the awarding of grants from State programs that encourage consolidation and shared services.
Of particular interest to New Jersey’s county governments, the FY 2008-09 budget dedicates more than 50% of all State spending to property tax relief. The Governor’s Office estimates that the proposed budget returns $16.7 billion to local property taxpayers. The State’s property tax rebate program that was established last year pursuant to P.L. 2007, c.62 will allocate approximately $2.5 billion for direct property tax relief and will provide 1.6 million homeowners with rebates of approximately $1000. This budget reduces income eligibility limits for homestead rebates from $250,000 to $150,000. In addition the budget reduces rebates for those earning between $100,000 and $150,000 from 15% of property taxes paid to 10% of property taxes paid.
Next, Governor Corzine’s budget proposes to close nine State parks, reduce services at an additional three State parks and curtail off-season hours at all State parks. It is estimated that this budgetary provision will save $4.5 million in park management and maintenance costs. The parks and recreation areas that will be closed under the Governor’s plan are Monmouth Battlefield State Park, Stephens State Park, High Point State Park, Brendan T. Byrne State Forest, Round Valley Recreation Area, Parvin State Park, Jenny Jump State Forest, Worthington State Forest and Fort Mott State Park. In addition, the budget will force the partial closure of Ringwood State Park, D&R Canal State Park and Washington Crossing State Park.
Moreover, the proposed State budget will reduce overall support for higher education by $76 million. State support for county colleges will be reduced by $11 million. This curtailment will result in a reduction of funds for county colleges from $233 million to $222 million. Despite a reduction in State funds for operating costs at the county colleges, the proposed budget does increase support for debt service on capital projects by the county colleges from $35 million to $40 million. The budget also proposes to establish income limits for the NJ STARS program which provides tuition support for students attending the State’s county colleges.
In the area of local governmental consolidation and shared services, the proposed budget provides for an increase of over $13 million from last year’s budget. Specifically, the FY 2009 budget makes $32 million available to county and municipal governments, through the Department of Community Affairs, for shared services arrangements and local governmental consolidation efforts. It is anticipated that the Department will establish a grant program pursuant to the provisions of P.L. 2007, c.63 and P.L. 2007, c.54 for the awarding of funds to qualifying local governments.
In addition, the Governor’s budget proposes to provide $1.1 million to county governments to offset their obligations to meet the salary increases of certain county officials due to the enactment of P.L. 2007, c.350. That act increased the annual salaries of Justices of the New Jersey Supreme Court, Judges of the Superior Court and County Prosecutors. Because State law already provides that the salaries of the county constitutional officers be set at no less than 65% of the salaries of Superior Court Judges, P.L. 2007, c.350 also requires salary increases for county clerks, surrogates, sheriffs and registers. Thus, this budgetary provision will provide relief to counties for these mandated salary increases.
Finally, the FY 2009 budget significantly reduces the State’s appropriation to support the administration of the County Environmental Health Act (CEHA) program. CEHA was originally established in 1977 to support efforts to control air, water and noise pollution, manage solid and hazardous waste and to protect workers and the general public from hazardous substances and toxic catastrophes. The FY 2009 proposed budget would reduce the State’s allocation to the CEHA program by 20% or $753,000.
PAID FAMILY LEAVE GETS ONE-VOTE MAJORITY IN SENATE
April 8, 2008
Bill will force employers to give more paid time off than
competitors in 48 states
The state Senate yesterday enacted legislation that would mandate six-weeks paid family leave for every employee in New Jersey despite strong opposition from county officials who fear that it will cost millions and disrupt operations.
The bill, A-873, was adopted by the state Assembly earlier this year and now awaits the Governor’s signature.
Under the measure, employees would make mandatory contributions through their paychecks in order to finance the benefit. Every employee in the state would then be eligible to take up to six weeks of leave and be paid two-thirds of their earnings, capped at $524 per week.
Only California and Washington mandate paid leave for any duration. California’s law, which backers are already trying to extend to grandparents, in-laws and siblings, mandates six-weeks paid leave. Washington mandates five weeks, although it caps weekly benefits at $250, or less than half of the New Jersey benefit.
Supporters have argued that the bill will cost nothing for employers, and county governments are among the largest in the state with tens of thousands of workers.
County officials say, however, that they will have to pay more overtime, hire temporary workers and shuttle personnel between functions in order to fill gaps caused by others who are gone for up to two months (employers may require that workers exhaust two weeks of vacation time before they can take paid family leave, under the bill).
They are not alone in their opposition. In fact, the New Jersey Association of Counties is one of many trade and business groups that have been fighting against this legislation for two years. Last year the coalition beat back a more onerous version – one that mandated 10-weeks – which backers could not get through the outgoing Legislature.
This year, however, supporters led by organized labor were able to convince enough lawmakers to send it to the Governor.
Voting in favor of the bill yesterday were 20 Democrats and one Republican, Mercer County Senator Bill Baroni. Thirteen Republicans were joined by two Democrats, senators Nia Gill (Essex) and Shirley Turner (Mercer), in opposing the bill.
NEWS ADVISORY
NJAC TO ARGUE BEFORE SUPREME COURT IN CRITICAL BIGLEY CASE
For Immediate Release: March 24, 2008
Contact: Jack Mozloom, 609-394-3467
Association will join Cape May County in pivotal Supreme Court case that could give prosecutors cart-blanche budget increases
The New Jersey Association of Counties will argue before the State Supreme Court on Wednesday that county prosecutors must demonstrate a clear need for additional money before it can be awarded in what is called a “Bigley” action.
The case centers on a lower court ruling involving Cape May County and the Cape May County Prosecutor. In that case, the court ruled that prosecutors have to demonstrate that the additional funding is merely “appropriate,” not necessary as the statute specifies. Cape May County and the Association of Counties will argue that the law clearly requires prosecutors to prove need, and that without such a standard virtually any proposed spending increase could be deemed “appropriate.”
“It’s an important case because county governments have very little control over prosecutor budgets now,” said Celeste Carpiano, the Association’s executive director.
Oral arguments are scheduled for Wednesday, March 26, 2008, at noon in the state Supreme Court chambers.
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MORE UPDATES
LAWS OF 2007
P.L. 2007, c.111 (S-3000) – FY 2007/08 State Budget: This act appropriates over $33 billion in State funds for the State budget for Fiscal Year 2007-08. Of particular interest to New Jersey’s county governments, the FY 2007-08 budget includes a line-item appropriation of $10,515,000.00 to reimburse local governments for their costs incurred in administering the 2008 presidential primary election. In addition, the budget bill appropriates $10,000,000.00 to assist local governments in complying with the State requirement that every voting machine used in New Jersey be capable of producing a permanent paper record of each vote cast by January 1, 2008. In the area of property tax reform, the budget makes $19.2 million available to local governments, through the Department of Community Affairs, for shared services arrangements and local governmental consolidation efforts. It is anticipated that the Department will establish a grant program pursuant to the provisions of P.L. 2007, c.63 and P.L. 2007, c.54 for the awarding of funds to qualifying local governments. Finally, the FY 2007-08 budget reduces by $10 million the State’s allocation of funds to the Public Archives and Records Infrastructure Support (PARIS) Grant Program which provides critical funds to support innovative public records management, preservation and storage initiatives for county and municipal governments.
P.L. 2007, c.104 (S-1448) – Energy Purchase: This law permits certain public entities, including county and municipal governments, school districts and county colleges, to join with the State for the purchase of energy services for their facilities. In addition, the act requires the State’s Division of Purchase and Property to notify, in writing, each State agency and local governmental unit of the opportunity to enter into a contract for the aggregate purchase of energy services.
P.L. 2007, c.92 (S-17) – Public Pensions: This law makes various modifications to State law concerning the benefits and conditions of public employment and the holding of elected or appointed office. For example, the act establishes a Defined Contribution Retirement Program for certain future public employees earning in excess of $1500 per year. Specifically, persons who are elected to State, county or local public office after the effective date of the legislation, as well as certain State, county and local governmental appointees who are appointed to office after the effective date of the legislation, would be prohibited from participating in the public pension system and would, thus, be required to participate in the newly established retirement program. In addition, the act prohibits persons performing professional services under contract for political subdivisions of this State from participating in the public pension system and caps the amount of supplemental compensation for accumulated unused sick time by a local government or school district employee at $15,000.
P.L. 2007, c.68 (A-3890) – Prevailing Wages: This law expands the "Prevailing Wage Act" to require payment of prevailing wages in connection with a contract for work on any property or premises owned by a public entity, regardless of whether the work is paid for with public funds. This modifies current law which only requires the payment of prevailing wages for work that is paid for with public funds or for work that is performed on property that is leased by a public entity. In addition, the act authorizes the termination of a contract for work performed on property leased by or to a public entity if the contractor fails to pay prevailing wages.
P.L. 2007, c.67 (A-3889) – Prevailing Wages: This law strengthens the requirement set forth in N.J.S.A. 34:11-56.38 that public entities refrain from awarding public contracts to contractors and subcontractors who have been debarred by the Department of Labor and Workforce Development from performing public work because of their previous failure to pay prevailing wages as required by law. Specifically, the act provides that no public contract shall be awarded to any firm in which a debarred contractor or subcontractor has an "interest" as an "owner, partner, officer, manager, employee, agent, consultant or representative" or has a business relationship. If the Commissioner of Labor and Workforce Development determines that a debarred contractor or subcontractor has an "interest" in a firm seeking public work, the contractor, subcontractor and/or firm may appeal the determination to the Office of Administrative Law. In addition, the legislation supplements current law which authorizes the Department of Labor and Workforce Development to revoke a contractor’s registration if the Department determines that the contractor has failed to pay the prevailing wage or has otherwise violated the "Prevailing Wage Act." Specifically, the act permits the Department to immediately suspend a contractor’s registration, prior to a hearing, if the Department determines that a violation has occurred and an immediate suspension is in the public interest. Lastly, the legislation provides the contractor with an opportunity to expeditiously appeal the temporary suspension.
P.L. 2007, c.63 (A-4) – Shared Services/Consolidation: This act implements measures to promote uniform shared services among and between local and county governmental units, promote the consolidation of governmental services at the county and local levels, require the utilization of user-friendly budgets and revise the powers and duties of county superintendents of schools. Specifically, the law authorizes local units to enter into agreements with one another for the provision or receipt of services and sets forth the permitted structure of such agreements as well as the conditions of employment for persons working under such agreements and methods for resolving disputes between participating local units. A provision which would have moved fire and school district elections to November was removed from the bill during the legislative process. Lastly, this legislation establishes a grant program to provide county and local governments with funds to study the feasibility of entering into shared services agreements.
P.L. 2007, c.62 (A-1) – Property Tax Relief: This act establishes a homestead property tax credit program for homeowners and residential tenants. Pursuant to the law’s provisions, eligible participants earning up to $250,000 are entitled to a tax credit of between 10% and 20% based upon the recipient’s gross income. In addition, the act provides for property tax sustainability through the creation of a 4% property tax levy cap applicable to counties, municipalities, school districts, fire districts and solid waste collection districts, with limited exceptions.
P.L. 2007, c.61 (S-2193) – Presidential Primary Election: This act moves New Jersey’s presidential primary from the last Tuesday in February to the first Tuesday following the first Monday in February. Specifically, the law would revise P.L. 2005, c.136 which originally moved the State’s presidential primary from June to February. This law, as well as the 2005 enactment, requires New Jersey’s county governments to administer an additional election every four years.
P.L. 2007, c.54 (A-15) – Local Government Consolidation: This act establishes the "Local Unit Alignment, Reorganization and Consolidation Commission" with the express goal of making legislative recommendations concerning the streamlining of governmental functions, the consolidation of specific municipalities, the merger of existing agencies into the parent municipal or county government and the sharing of services between and among governmental entities. The Commission is slated to consist of the Commissioner of Community Affairs, the State Treasurer and seven public members appointed by the Governor and Legislature. Pursuant to the act’s provisions, the public members appointed by the Governor must be representative of the North, South and Central regions of the State. Finally, the law provides that when a consolidation or shared service is recommended by the Commission, the Commission shall seek State funding for extraordinary expenses to be borne by county and municipal entities.
P.L. 2007, c.52 (A-2) – State Comptroller: This act establishes an independent Office of State Comptroller in the Executive Branch of State Government. In accordance with the law’s provisions, the State Comptroller is empowered to conduct routine, periodic and random audits of State executive branch agencies, as well as local and county governments, local and county boards of education and public institutions of higher education. In addition, the act authorizes the Comptroller to assess the performance and management of programs operated by these entities and to establish and enforce remediation plans for governmental agencies that have deficient programmatic practices and procedures. Lastly, the law permits the Comptroller to monitor the process of soliciting proposals for, and the awarding of, certain government contracts. To facilitate the act’s contract review provisions, State, county and local entities are required to notify the Comptroller, within a specified time period, when such an entity has entered into a contract for goods or services in excess of $2 million.
P.L. 2007, c.49 (S-14) – Public Corruption: This act imposes mandatory imprisonment and mandatory forfeiture of pension and retirement benefits for public officers or employees convicted of certain crimes, including but not limited to criminal coercion, theft, extortion, bribery, improper influence, acceptance or receipt of an unlawful benefit, perjury, tampering, official misconduct, and speculating or wagering on official action or information. In addition, the law prohibits persons convicted of certain public corruption crimes from entering into contracts, submitting bids, or conducting any business with any State entity. Finally, the act provides that its provisions are only applicable to persons convicted of public corruption related crimes after its effective date.
P.L. 2007, c.17 (S-5) – Transportation Projects: This act permits the Commissioner of Transportation to enter into contracts or agreements with counties or municipalities for repair or routine maintenance work on State highways without the contract or agreement being required to be put out to bid by public advertisement.
P.L. 2007, c.4 (A-2527) – Lazy Bidders: This law amends the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) and the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., concerning the requirements for bidding on public contracts and public school contracts, to prohibit the date fixed for receiving the bids to fall on a Monday, or any day directly following a State or federal holiday.
PENDING LEGISLATION
Local Public Contracts and Fiscal Affairs –
A-4393 (Wisniewski) – This bill requires local governments, as well as State and county colleges, local boards of education and certain other State entities, to publish a projected cost estimate range for construction projects for which the local government or other entity is soliciting bids. The bill provides further that each projected cost estimate range shall be attested to as "reasonable" by the person or firm preparing the bid advertisement no more than 120 days prior to the bid due date. Finally, the bill establishes finite parameters for the rejection of bids by contracting units.
Position: NJAC opposes this legislation because it will require counties which currently opt to not publish cost estimates for construction projects to issue, publicize and attest to such estimates. The Association is also concerned that the bill’s required timetable for the attestation of cost estimates will limit the ability of local governments to expeditiously complete the bid solicitation process. Finally, NJAC opposes the elimination of flexibility in the awarding and rejection of bids.
A-4155 (Chivukula) - This legislation authorizes local governments, including county colleges, to enter into long term contracts for the production of renewable energies at, or adjacent to, buildings and facilities owned or operated by the local governmental units.
Position: The Association supports this bill because the promotion of renewable energies will lead to long-term energy cost savings for local governments.
S-691 (Weinberg) – This legislation would require the Local Finance Board in the Department of Community Affairs to review and approve loan agreements between local governmental authorities and private, for-profit entities. The bill provides that such agreements must be entered into to accomplish a "public purpose," and that the Local Finance Board must make a determination on the approval or disapproval of the agreement within 45 days.
Position: NJAC is still reviewing the legislation to determine its impact on county authorities and will seek to ascertain whether the standard for review and timeframe of review by the Local Finance Board are sufficient from the counties’ perspective.
A-4081 (Voss/Dancer) – This bill requires members of county and municipal governing bodies, as well as county executives and municipal and county administrators, to complete a training program regarding the requirements of the "Local Bond Law," the "Local Budget Law," the "Local Fiscal Affairs Law," and the "Local Authorities Fiscal Control Law." Pursuant to the legislation, the State Department of Community Affairs is responsible for developing and funding the training program and for implementing a schedule of fines for officials who fail to satisfy the bill’s requirements.
Position: NJAC supports the concept of fiscal affairs training for local government officials but would prefer that the bill contain certain exemptions for persons with educational backgrounds or work experience that is commensurate with the proposed DCA training program.
A-4086 (McKeon) – This bill requires purchasing agents to complete a course in "green product" purchasing and requires the Treasury Department to compile and maintain a list of green product purchasing sources.
Position: Oppose. NJAC believes that the bill will require county purchasing officials to undergo training and education in areas that are not within the purview of their occupations, such as raw material acquisition and commodity manufacturing.
Labor and Human Resources –
S-2249 (Sweeney) – This bill extends the State’s "Temporary Disability Benefits Law" to cover workers seeking temporary leave to care for sick or disabled family members or to tend to newborn children. Specifically, the legislation would require employers, including governmental entities, to provide 10 weeks of paid leave to employees to care for family members under certain circumstances. The bill provides further that an employer may require an employee to take up to two weeks of available sick or vacation time prior to taking the temporary family disability leave. The bill would raise revenues for the State’s Temporary Disability Insurance fund to pay the family leave benefits through an assessment on workers’ wages.
Position: The Association opposes this bill and has joined a coalition of private and public sector entities that would be adversely impacted by passage of the bill. Specifically, the mandate of providing job-protected leave to county government employees will increase over-time costs and will be overly burdensome from a management and administrative perspective. Currently, county government employees have access to generous leave time and many county administrators report that juggling work schedules to accommodate employees taking advantage of the various leave programs available to government workers poses a serious management challenge to cash-strapped counties.
A-2512/S-807 (Gordon/Johnson/Manzo/Vitale/Buono) - This legislation requires all health insurers doing business in this State to cover treatment for non-biologically based mental health disorders, as well as treatment for alcoholism and other substance abuse disorders. The bill’s provisions also apply to public entities, including local governments, which participate in the State Health Benefits Program.
Position: Oppose. The Association is concerned that increased health insurance costs for county governments will have an adverse impact upon the ability of county officials to enact budgets which stabilize county tax rates and comply with State statutory restrictions. Increasing health insurance costs continue to consume large portions of county budgets and the enactment of this legislation may ultimately force local governments to eliminate other essential services.
Law, Public Safety and Security –
A-1511 (Oliver/Greenstein) – This bill would amend New Jersey’s "wrongful death" statute, N.J.S.A. 2A:31-1 et seq., to expand the types of damages that are recoverable by family members of the person whose death was caused by the wrongful conduct of another. While current law only provides for recovery for pecuniary injuries resulting from the death, the provisions of this bill would allow recovery of damages consisting of loss of society, companionship, comfort, protection, marital care, parental care, attention, counsel, guidance and education, as well as mental anguish and emotional pain. Position: NJAC opposes this legislation because it will increase litigation costs, including counsel fees, jury awards and settlement amounts, for counties to defend wrongful death actions. The Association has joined a coalition of public and private sector entities that would be adversely affected by passage of this bill.
S-448 (Rice/Gill) – This legislation would criminalize the use or possession of cell phones and other electronic communication devices by persons confined to correctional institutions. Specifically, the bill makes it a third degree crime for an incarcerated person to use or possess such a device. In addition, the bill makes it a second degree crime for a corrections officer, or other person working in a correctional facility, to sell, give or otherwise transfer a cell phone or communications device to an inmate, and a third degree crime for any other person to sell, give or otherwise transfer a cell phone or communications device to an inmate.
Position: NJAC strongly supports this legislation, as amended to include county correctional facilities. As reported by many county corrections officials, the presence of cell phones in correctional institutions poses a threat to the safety and security of employees and inmates at these facilities.
AR-247 (Burzichelli/Scalera) – This resolution memorializes the Secretary of the federal Department of Homeland Security to establish an "Urban Area Security Initiative" (UASI) zone encompassing counties in the southern region of the State.
Position: Support. The UASI program established in New Jersey’s six northeastern counties has resulted in an influx of millions of dollars in federal homeland security grant money over the past several years. Among other things, UASI funds have been used to improve interoperable communications technologies for first responders, establish urban search and rescue teams and provide counter-terrorism training to local and county law enforcement officials. NJAC strongly believes that counties in the Delaware River region of the State should also be identified by the federal government for specialized security planning and funding due to the numerous critical infrastructure sites and population density in the region.
A-4073 (Gordon) – This legislation would establish a $1 surcharge on all fines and penalties collected for motor vehicle violations for the express purpose of funding court security projects undertaken by county governments. Specifically, the surcharge will be forwarded to the treasurer of the county in which the fine was collected and may be used to pay for court security features such as ballistic shielding and armed law enforcement personnel. The bill provides further that if the county does not need additional funding for county-wide court security, the funds shall be used to finance "security planning" throughout the county.
Position: NJAC strongly supports this legislation as it will provide a sustainable funding source for court security projects undertaken by the counties.
S-1806 (Martin/Bucco) – This legislation upgrades the criminal offense of assault when it is committed against a public or non-public school employee or a county youth shelter staff member. Specifically, the bill’s provisions would upgrade "simple assault" to "aggravated assault" under such circumstances. Aggravated assault against these individuals would be a crime of the third degree if the victim suffers bodily injury, otherwise it would be a crime of the fourth degree.
Position: Support. The Association supports this bill because it affords the same protections under the assault statute to county youth shelter staff members as are currently extended to county corrections officers, juvenile detention officers and sheriff’s officers.
Human Services –
A-1707/S-1522 (Fisher/Burzichelli/Weinberg/Coniglio) – This legislation would provide statutory authority, as well as a funding mechanism, for the establishment of county offices for the disabled. Specifically, the legislation would authorize each county office for the disabled to maintain a central source of information on programs and services for people with disabilities, educate the public on the rights and needs of people with disabilities and expand and coordinate the delivery of services to the disabled community. Finally, the bill provides for an initial appropriation of $425,000 and a continuing appropriation of not more than $20,000 annually for each county.
Position: The Association strongly supports this legislation because it would provide for the uniform delivery of services to the disabled community by counties and would provide a stable funding source for the administrative costs incurred by counties in maintaining offices for the disabled.
A-4160 (Greenwald) – This legislation eliminates that requirement that certain management positions in county welfare or social services agencies be classified as civil service positions. Specifically, the bill provides that each county, in its discretion, may designate employees in the positions of director, deputy director, chief financial officer, human resources director and counsel, as at-will, non-classified employees. In addition, the bill requires each county welfare office to offer early morning, evening and weekend hours to accommodate social services clients. The bill does not mandate, however, that these offices increase their total number of weekly office hours.
Position: The Association will remain neutral with respect to this bill since its provisions are permissive and since it will not require additional expenditures by county governments.
Elections –
A-4157 (Roberts) – This legislation permits counties of the first, second and fifth classes to, by resolution, abolish the office of superintendent of elections and the office of deputy superintendent of elections and to transfer the duties and responsibilities of those offices to the county commissioner of registration or the county board of elections.
Position: NJAC is neutral with respect to this bill since its provisions are permissive and not mandatory.
A-1933 (Wisniewski/Voss/Scalera) – This bill requires school districts to adopt security plans concerning elections which are held on school premises at a time when classes are in session and permits schools districts to cancel classes on election days. In addition, the bill prohibits elections officials from holding an election in a school, at a time when classes are in session, unless voting takes place in an area of the school that is accessible from the outside and in which other areas of the school are capable of being made inaccessible.
Position: The Association supports this bill, as amended. The Committee amendments ameliorate the provisions of the bill which would prove burdensome to county elections officials.
S-2449 (Lesniak) – This legislation would transfer the responsibility for administering and supervising elections from the Department of Law and Public Safety to the Department of State and would designate the Secretary of State as the chief elections official in New Jersey.
Position: NJAC will continue to monitor the broader issues surrounding the proposed transfer of the Division of Elections to ensure that the State commits the fiscal and administrative resources necessary to effectively shift elections responsibilities to the Department of State.
Public Records –
A-2004 (Cryan/Chivukula) – This bill amends the "Open Public Records Act," N.J.S.A. 47:1A-1, to reduce the fees that State, county and local governments can charge for copies of government documents. Specifically, the bill revises the current statutory structure whereby public agencies can charge $0.75 per page for the first ten pages, $0.50 per page for the next ten pages and $0.25 for each page thereafter to set the fees at $0.10 per page for each letter size copy and $0.15 per page for each legal size copy. In addition, the bill reduces the fees that counties can charge for copies of federal lien notices from $2 per page to $0.10 per page for each letter size copy and $0.15 per page for each legal size copy.
Position: The Association opposes this bill since it will reduce the revenue collected by counties for the copying of government records. As reported by several counties, the current fee structure is inadequate to cover the counties’ costs in complying with the provisions of OPRA and a further reduction in fees will pose a significant financial burden for county governments.
A-4251 (Whelan) - This bill requires all State, county and municipal government records custodians to make all government records available to the public via the Internet free of charge. Specifically, the legislation calls for all government records created after the bill’s effective date to be posted online no later than 30 days after its creation, and all government records created prior to the bill’s effective date to be posted online within six months after enactment of the legislation.
Position: NJAC opposes this legislation because it does not provide funding for local governments to comply with the bill’s mandates. Currently, county governments do not have the resources necessary to establish and maintain government records websites and to convert all documents into searchable, electronic formats.
Open Space –
A-4402 (McKeon/Fisher) – This bill enacts the "Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007," and authorizes the issuance of $200 million in bonds, subject to approval by the voters at the next general election. Specifically, the bill would provide funds for the acquisition and development of lands for recreation and conservation purposes, for the preservation of farmland for agricultural or horticultural use and production, for the acquisition of properties in the floodways of the Delaware River, Passaic River, and Raritan River, that are prone to or have incurred flood or storm damage, and for preserving historic lands and facilities. In essence, the legislation re-authorizes the Garden State Preservation Trust Fund and expands the program to permit homeowners to voluntarily sell their flood-prone property to the state for preservation purposes.
Position: NJAC supports this measure as it will provide funding for local governments to preserve open space, farmland and historic sites. Since its inception in 1998, the Garden State Preservation Trust (GSPT) has contributed to the acquisition of over 432,000 acres of land statewide. The re-authorization of land-preservation funds will ensure that New Jersey’s counties continue to receive critical funding to control development, stabilize property taxes and improve the quality of life for their residents.
Land Use-
A-1308 (Biondi) – This legislation grants county planning boards the authority to review site plans for land development affecting county roads.
Position: The Association supports this legislation because it will grant county planning boards the same authority over site plans as those boards currently possess with regard to subdivisions. As such, this legislation would enhance the ability of county planning boards to manage the potential impact on county roadways of major developments proposed along municipal or state roadways.
Technology-
S-2053 (Sweeney/Doria) – This legislation authorizes counties and municipalities to; (1) construct, own or operate broadband telecommunications infrastructure for the purpose of providing broadband telecommunications services via wireless community networks, or (2) directly provide broadband telecommunications services via wireless community networks. The bill also sets certain limitations upon the price that local governmental entities can charge for such services, the manner in which local governments can finance the development and provision of broadband telecommunications services, and the length of contracts awarded for the provision of such services.
Position: The Association supports this bill because it will enable county governments to offer wireless Internet service to county residents and because the bill’s provisions do not mandate the construction, operation or provision of broadband telecommunications infrastructure or services by the counties.
Property Tax Reform –
S-2221 (McNamara) – This bill would reinstate and extend for an additional three years the temporary county budget cap exceptions for amounts appropriated by county governments for liability insurance, workers compensation insurance and employee group insurance, as well as amounts appropriated for homeland security and terrorism preparedness and response related measures.
Position: NJAC strongly supports this legislation as it will provide counties with flexibility in constructing their annual budgets.
ACR-20 (Roberts/Watson Coleman) – This legislation would propose a constitutional amendment to dedicate the amount of annual revenue derived from a tax rate of 1% imposed under the sales and use tax exclusively for property tax reform. Specifically, the amendment would direct the proceeds of the 2006 sales tax increase to the State’s Property Tax Relief Fund and would provide for annual appropriations from the fund for property tax reform measures.
Position: NJAC supports the diversion of funds from sales tax revenue for property tax reform purposes.
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