S3761

An Act establishing the County and Municipal Study Commission, supplementing Title 40A of the New Jersey Statutes, and making an appropriation.

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

1. The Legislature finds and declares that:

a. New Jersey residents face the highest property tax burden in the United States and reducing this burden has been and continues to be a priority for the Legislature;

b. The ongoing effort to share and regionalize local government services has provided some relief over the years, but the Legislature is committed to taking further action to encourage streamlining the delivery of local government services in order to reduce the property tax burden on New Jersey residents;

c. Much of the structure, functions, and powers of county and municipal government remain relatively unchanged notwithstanding significant changes in recent decades to the fiscal circumstances of the State and local government, development patterns, technology, and expectations for local government services;

d. There is presently no entity in the State with the capacity, resources, and mission to study and examine county and municipal government holistically and with a long-term perspective in order to identify opportunities to deliver local government services in a more modern and efficient manner that reflects the changes of the past several decades, and changes to come; and

e. It is therefore necessary, appropriate, and in the public interest to establish a permanent study commission with the ability to conduct comprehensive studies on county and municipal government, on an ongoing basis, for the purpose of identifying and recommending to the Legislature reforms to modernize and optimize the delivery of local government services in New Jersey.

2. a. There is established, in the Legislative Branch of State Government, a permanent commission to be known as the County and Municipal Study Commission.

b. The commission shall consist of nine members as follows: one public member, who shall serve as the chair of the commission, jointly appointed by the President of the Senate and the Speaker of the General Assembly; the chair of the Senate Community and Urban Affairs Committee, or its successor; the chair of the Assembly State and Local Government Committee, or its successor; one public member appointed by the President of the Senate; one public member appointed by the Speaker of the General Assembly; one public member appointed by the Senate Minority Leader; one public member appointed by the Assembly Minority Leader; the president of the New Jersey State League of Municipalities or a designee; and the president of the New Jersey Association of Counties or a designee. Each public member shall have experience in local government service delivery. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.

c. The members shall be appointed within 30 days following the effective date of P.L. c. (C. ) (pending before the Legislature as this bill). The chair shall convene an organizational meeting as soon as possible after the appointment of its members. The presence of five members of the commission shall constitute a quorum. The commission may conduct business without a quorum, but may only vote on the issuance of a report submitted to the Governor and the Legislature pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), when a quorum is present. A member may participate in meetings of the commission by telephone or other means of telecommunication or electronic communication.

d. All commission members shall serve without compensation, but shall be eligible for reimbursement of necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

e. The commission may accept the assistance of any State, county, or municipal department, division, agency, board, bureau, commission, or office as it deems necessary to discharge its duties under P.L. c. (C. ) (pending before the Legislature as this bill) and as may be made available to it. Each State department, division, agency, board, bureau, commission, or office shall, to the extent permitted by law, cooperate fully with the commission and shall furnish the commission with such assistance on as timely a basis as necessary to accomplish the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

f. The commission may meet and hold public hearings at the place or places it designates during the sessions or recesses of the Legislature.

3. a. The commission shall employ and set the compensation of an executive director, who shall serve at its pleasure.

b. The executive director shall be responsible for managing and administering the work of the commission, and may carry out any other function or duty to further the work of the commission.

c. The executive director may employ up to two professional staff members, as necessary and authorized by the commission and may remove such staff. The staff of the commission shall be within the unclassified service of the State, and their compensation shall be determined by the commission within the limitations of appropriations for commission purposes.

d. The Office of Legislative Services shall provide administrative support to the commission as may be requested by the commission.

e. The executive director may contract with any consultant or State institution of higher education, as necessary and authorized by the commission, within the limitations of appropriations for commission purposes.

f. The executive director may apply for, contract for, receive, and expend for its purposes, any appropriation or grant from the State, its political subdivisions, the federal government, or any other source, public or private, as authorized by the commission.

4. The commission shall study the structure, functions, and powers of county and municipal government and shall recommend legislative changes that provide for the modern, effective, and efficient delivery of services by counties and municipalities.

5. The commission shall prepare and submit reports, on at least an annual basis, to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), setting forth the results of its studies and any recommendations for constitutional or statutory changes.

6. a. The chair of the commission may appoint members to serve on a subcommittee.

b. If a subcommittee is appointed, the members of the subcommittee shall elect one of its members to serve as chair.

c. A subcommittee may review issues before the commission, but only the commission may take any formal action, including the release of any study or recommendation pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

d. The chair of the commission may appoint advisory committees, to serve without compensation, which may be desirable to advise and assist the commission in carrying out its functions and duties.

7. There is appropriated from the Property Tax Relief Fund to the County and Municipal Study Commission $350,000 to fund the expenses of the commission.

8. a. The commission shall first conduct studies and prepare reports on the subjects of the assessment of real property for property tax purposes and on the optimal scale of the delivery of county and municipal government services.

b. The commission study on the assessment of real property for property tax purposes shall include: (1) examining the differing roles of counties in tax assessment practice; (2) studying the varying approaches to the use of technology in the assessment and appeal process with the goal of developing Statewide standards and practices; and (3) studying any other areas of tax assessment practice as necessary to determine methods that will improve the accuracy and reliability of property assessments and the appeal process.

c. The study on the optimal scale of the delivery of county and municipal government services shall include, but not be limited to, an examination of: (1) municipal courts, in coordination with the Administrative Office of the Courts; (2) public and environmental local health; (3) the State Uniform Construction Code; (4) the Uniform Fire Safety Code; and (5) emergency call center and dispatch services.

9. This act shall take effect immediately.

STATEMENT

This bill would establish the County and Municipal Study Commission as a permanent commission in the Legislative Branch of State Government. The commission would be charged with studying county and municipal government holistically and with a long-term perspective in order to identify opportunities to deliver local government services in a more modern and efficient manner that reflects changes to the fiscal circumstances of the State and local government, development patterns, technology, and expectations for local government services. The commission would provide the Legislature with broad-scale insights on how to reform local government in the State so that it can deliver its services in a more modern and efficient manner.

The commission would consist of nine members as follows: one public member, who would serve as the chair of the commission, jointly appointed by the President of the Senate and the Speaker of the General Assembly; the chair of the Senate Community and Urban Affairs Committee; the chair of the Assembly State and Local Government Committee; one public member appointed by the President of the Senate; one public member appointed by the Speaker of the General Assembly; one public member appointed by the Senate Minority Leader; one public member appointed by the Assembly Minority Leader; the president of the New Jersey State League of Municipalities or a designee; and the president of the New Jersey Association of Counties or a designee.

The commission would have a staff that includes an executive director and up to two professional staff members. The Office of Legislative Services would provide administrative support to the commission as may be requested by the commission. The executive director would be permitted to contract with any consultant or State institution of higher education, as necessary and authorized by the commission, within the limitations of appropriations for commission purposes, and to seek and spend any appropriation or grant from the State, its political subdivisions, the federal government, or any other source, public or private, as authorized by the commission.

The commission would study the structure, functions, and powers of county and municipal government and recommend legislative changes that provide for the modern, effective, and efficient delivery of services by counties and municipalities. In this regard, the commission would be required to prepare and submit reports, on at least an annual basis, to the Governor and the Legislature that set forth the results of its studies and any recommendations for constitutional or statutory changes.

The commission would be authorized to form subcommittees to review issues before the commission, but only the commission would be authorized to take any formal action, including the release of any study or recommendation to the Governor and the Legislature. The commission would also be authorized to form advisory committees to advise and assist the commission in carrying out its functions and duties.

The bill appropriates $350,000 from the Property Tax Relief Fund to fund the expenses of the commission.

The bill requires the commission to first study and report on the assessment of real property for property tax purposes and the optimal scale of the delivery of county and municipal government services.