ASSEMBLY, No. 3851

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 16, 2020

 


Sponsored by:

Assemblyman  GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblyman  GERARD SCHARFENBERGER, PHD

District 13 (Monmouth)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Senator  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

Senator  VIN GOPAL

District 11 (Monmouth)

Senator  NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator  CHRIS A. BROWN

District 2 (Atlantic)

Senator  JAMES W. HOLZAPFEL

District 10 (Ocean)

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Senator  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

Senator  STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Assemblywomen McKnight, Chaparro, Timberlake and Assemblyman Giblin

 

SYNOPSIS

     Permits extension of deadlines for adoption of county and municipal budgets under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning county and municipal budgets and amending P.L.1989, c.31.

 

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

 

     1.    Section 1 of P.L.1989, c.31 (C.40A:4-5.1) is amended to read as follows:

     1.    a.  Notwithstanding the provisions of any law, rule or regulation to the contrary, the Director of the Division of Local Government Services, in the Department of Community Affairs, hereinafter the "director," may, with the approval of the Local Finance Board, in the Department of Community Affairs, extend the dates for the introduction and approval, and for the adoption, of county and municipal budgets, for any local fiscal year, beyond the dates required under the "Local Budget Law" (N.J.S.40A:4-1 et seq.).

     b.    Notwithstanding the provisions of subsection a. of this section, whenever a Public Health Emergency pursuant to the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.) or a State of Emergency pursuant to P.L.1942, c. 251 (C.App.A.9-33 et seq.), or both, has been declared by the Governor and is in effect, the director may extend the statutory dates for the introduction and approval, and adoption, of county and municipal budgets without the approval of the Local Finance Board.

     Notwithstanding any provision of this section to the contrary, the governing body of a local unit may adopt the budget for that unit at any time within 10 days after the director has certified his approval thereof and returned the same, if the certification is later than the date of the advertised hearing.

(cf: P.L.1991, c.75, s.10)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would expand the current authority of the Director of the Division of Local Government Services, in the Department of Community Affairs, to extend the statutory dates for the introduction and approval, and for the adoption, of county and municipal budgets when the Governor has declared a Public Health Emergency or State of Emergency.

     P.L.1989, c.31 permits the Director of the Division of Local Government Services in the Department of Community Affairs, with the approval of the Local Finance Board, to extend the dates for the introduction and approval, and for the adoption, of county and municipal budgets, for any local fiscal year, beyond the dates required under the "Local Budget Law" (N.J.S.40A:4-1 et seq.).

     This bill would amend that law to permit the director to extend those dates unilaterally whenever a Public Health Emergency or a State of Emergency, or both, has been declared by the Governor and is in effect.