ASSEMBLY, No. 578

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman LUSTBADER

An Act limiting increases in amounts appropriated by certain counties to certain officers and supplementing Title 40A of the New Jersey Statutes.

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

    1. In addition to the limit placed on annual increases in the final appropriations of a county by section 2 of P.L.1976, c.68 (C.40A:4-45.2), beginning with the tax year commencing next following the effective date of this act a county of the first class having a population in excess of 775,000, and a population density in excess of 3,500 persons per square mile, according to the latest federal decennial census, and in which the net judicial-related costs represent more than one-third of the total county tax levy, as certified by the county, shall not increase by more than 5% or the index rate, as defined in section 4 of P.L.1983, c.49 (C.40A:4-45.1a), whichever is applicable to the county tax levy, over amounts expended in the previous tax year, amounts appropriated to each of the following county officers for the purpose of conducting the business of his office: county clerk, sheriff, surrogate, prosecutor and register of deeds and mortgages.

    This section shall supersede the provisions of N.J.S.2A:158-7 concerning the application by the county prosecutor to the court for additional funds in the counties subject to this act.

    2. This act shall take effect immediately.

STATEMENT

    This bill limits to 5% or the index rate promulgated annually by the Director of the Division of Local Government Services pursuant to section 4 of P.L.1983, c.45 (C.40A:4-45.1a), whichever is applicable to the county tax levy, increases in the annual budgets of county clerks, sheriffs, surrogates, prosecutors and registers of deeds and mortgages of a county of the first class having a population in excess of 775,000, and a population density in excess of 3,500 persons per square mile, according to the latest federal decennial census, and in which the net judicial-related costs represent more than one-third of the total county tax levy, as certified by the county. Currently, Essex County falls into this classification. The limit on increases in appropriations over the previous year's expenditures to these county officers would be in addition to the existing cap on overall increases in county budgets established by section 2 of P.L.1976, c.68 (C.40A:4-45.2).

    This bill also effectively prohibits the county prosecutor from making application to the court for funding in excess of that provided by the county for the operations of the prosecutor's office, as otherwise provided for under N.J.S.2A:158-7. This application is referred to as a Bigley application after a 1969 New Jersey Supreme Court case in which the court held that the prosecutor must make an initial request of the board of chosen freeholders for funds for additional expenditures beyond those provided for in appropriations made by the board. The court also held that the assignment judge for the county has final and conclusive authority to approve the expenditures of the county prosecutor beyond the appropriations made by the board of chosen freeholders.

Limits annual increases in amounts appropriated by certain counties to county clerks, sheriffs, surrogates, prosecutors and registers of deeds and mortgages.