Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Replaces definition of "management committee" with "board of authority commissioners" and makes various changes to existing law concerning administration of regional authority.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the development and operation of rehabilitation and reentry centers established by regional authorities and amending P.L.2023, c.346.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2023, c.346 (C. ) is amended to read as follows:
2. As used in P.L.2023, c.346 (C. et seq.):
"Authority" means a regional rehabilitation and reentry center authority established pursuant to section 3 of P.L.2023, c.346 (C. ).
"Bonds" means any bonds, interim certificates, notes, debentures, or other obligations issued by the authority pursuant to P.L.2023, c.346 (C. et seq.).
"Center" means a regional rehabilitation and reentry center developed, maintained, and operated by an authority pursuant to section 3 of P.L.2023, c.346 (C. ).
"Inter-county agreement" or "agreement" means an agreement as provided in section 3 of P.L.2023, c.346 (C. ), defining the rights and responsibilities of the authority and its members, as may be amended.
"Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.
["Management committee"] "Board of authority commissioners" or ["committee"] "board" means a [management committee] "board of authority commissioners" established pursuant to section 4 of P.L.2023, c.346 (C. ).
(cf: P.L.2023, c.346, s.2)
2. Section 3 of P.L.2023, c.346 (C. ) is amended to read as follows:
3. a. [One] Two or more county governing bodies, may, by adoption of [an ordinance or resolution, or] parallel ordinances or resolutions, as appropriate, establish a regional rehabilitation and reentry center authority to develop, construct, maintain, and operate a regional rehabilitation and reentry center. Upon adoption of the parallel ordinances or resolutions, the counties shall negotiate and agree to a proposed inter-county agreement for the operation of the authority. The counties that enter into the inter-county agreement may amend the agreement as provided in subsection c. of this section.
b. Copies of a proposed inter-county agreement shall be submitted to the Local Finance Board for review and consideration pursuant to sections 4 and 5 of P.L.1983, c.313 (C.40A:5A-4 and C.40A:5A-5). The Local Finance Board shall approve or deny the agreement and file its approval or denial with the clerk of the board of commissioners of each county seeking to enter the agreement. If the Local Finance Board does not deny the proposed agreement within 60 days of the receipt of a complete application, or an extended period to which the applicant counties may agree, the proposed agreement shall be deemed approved and the authority shall be established in accordance with the terms of the agreement.
c. A county may request to become a member of the authority by negotiating an amended inter-county agreement with the authority, through the [management committee] board of authority commissioners. Upon entry into a proposed amended inter-county agreement, the authority shall submit the proposed amended inter-county agreement to the Local Finance Board for approval or denial of the proposed amended agreement. If the Local Finance Board does not deny a proposed amended agreement within 60 days of the receipt of a complete application, or an extended period to which the applicant counties may agree, the proposed amended agreement shall be deemed approved.
(cf: P.L.2023, c.346, s.3)
3. Section 4 of P.L.2023, c.346 (C. ) is amended to read as follows:
4. An inter-county agreement made pursuant to section 3 of P.L.2023, c.346 (C. ) shall provide:
a. the name and purpose of the authority and the functions and services to be provided by the authority;
b. the establishment and organization of a governing committee for the authority, which shall be known as the [management committee] board of authority commissioners, in which the powers of the authority shall be vested. The [management committee] board of authority commissioners shall be comprised of one representative from each county who shall:
(1) be annually appointed by the board of commissioners of the county;
(2) hold the position for a period of one year, commencing on January 1 of each year; and
(3) be authorized to choose a designee to execute the duties of their position;
c. if there are an even number of counties, the county with the greatest number of inmates and pretrial detainees to be housed at the center at its opening and for any subsequent year the greatest number housed at the center as of November 1 in the year prior, shall appoint an additional [committee] board member for a term of one year, commencing January 1 of each year;
d. the manner of selection of a head warden of the regional rehabilitation and reentry center and any related satellite facilities and the wardens that shall represent each county;
e. the manner of selection and duties of the director, deputy director, treasurer, chief financial officer, and secretary, who all shall serve a term of one year commencing January 1 of each year, and the selection of any other officers or authority staff, as determined by the [committee] board;
f. the voting requirements for action by the [committee] board, including the requirements for how many members constitute a quorum;
g. the duties of the [committee] board, which shall include the obligation to comply with the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.) except as otherwise provided in P.L.2023, c.346 (C. et seq.), and the laws of this State and, in addition, with every provision in the inter-county agreement creating the authority on its part to be kept or performed;
h. in the event of a [committee] board vacancy, the vacancy shall be filled by a majority vote of the [management committee] board at the next meeting following the date of vacancy on an interim basis, until the time that the appointing board of county commissioners makes a formal appointment to the [committee] board for the remainder of the term;
i. the manner in which counties may withdraw from participation in the inter-county agreement;
j. provisions for the disposition, division, or distribution of any property or assets of the authority on dissolution; and
k. [the terms of the inter-county agreement and the method, if any, by which the inter-county agreement may be rescinded or terminated; however, t