SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION COMMITTEE

STATEMENT TO

SENATE, No. 3763

STATE OF NEW JERSEY

DATED:  JUNE 13, 2019

      The Senate State Government, Wagering, Tourism and Historic Preservation Committee reports favorably Senate Bill No. 3763.

      This bill amends the “Uniform Shared Services and Consolidation Act” (USSCA) and other statutory law to change the name of “joint meetings” to “regional service agencies” to better reflect the purpose and operation of these entities.

      Under the provisions of the bill, a “regional service agency” would have the same definition and the same powers and authority as a “joint meeting.” The bill provides that on or after its effective date, any joint contract entered into by two or more local units would form a regional service agency, rather than a joint meeting. Any joint meetings created by joint contract prior to the enactment of the bill would continue and would be governed in the same manner by the USSCA as regional service agencies.

      Current law provides that joint meetings are the joint operation of any public services, public improvements, works, facilities, or other undertaking by contracting local units pursuant to a joint contract. A joint meeting is a public body corporate and politic constituting a political subdivision of the State for the exercise of public and essential governmental functions to provide for the public health and welfare. A joint meeting has the following powers and authority, which may be exercised by its management committee to the extent provided for in the joint contract:

      (1)  to sue and be sued;

      (2)  to acquire and hold real and personal property by deed, gift, grant, lease, purchase, condemnation or otherwise;

      (3)  to enter into any and all contracts or agreements and to execute any and all instruments;

      (4)  to do and perform any and all acts or things necessary, convenient or desirable for the purposes of the joint meeting or to carry out any powers expressly provided under the USCAA.

      (5)  to sell real and personal property owned by the joint meeting at public sale;

      (6)  to operate all services, lands, public improvements, works, facilities or undertakings for the purposes and objects of the joint meeting;

      (7)  to enter into a contract or contracts providing for or relating to the use of its services, lands, public improvements, works, facilities or undertakings, or any part thereof, by local units who are not members of the joint meeting, and other persons, upon payment of charges therefor as fixed by the management committee;

      (8)  to receive whatever State or federal aid or grants that may be available for the purposes of the joint meeting and to make and perform any agreements and contracts that are necessary or convenient in connection with the application for, procurement, acceptance, or disposition of such State or federal aid or grants; and

      (9)  to acquire, maintain, use, and operate lands, public improvements, works, or facilities in any municipality in the State, except where the governing body of the municipality, by resolution adopted within 60 days after receipt of written notice of intention to so acquire, maintain, use, or operate, finds that the same would adversely affect the governmental operations and functions and the exercise of the police powers of that municipality.

      Under the bill, this definition and these powers and authority also would apply to regional service agencies. Additionally, the bill clarifies that joint meetings and regional service agencies are subject to the “Local Fiscal Affairs Law.”