ASSEMBLY, No. 621
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman IMPREVEDUTO
An Act increasing the membership of the Hackensack Meadowlands Development Commission and amending P.L.1968, c.404.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1968, c.404 (C.13:17-5) is amended to read as follows:
5. (a) There is hereby established in, but not of, the Department of Community Affairs a public body corporate and politic, with corporate succession, to be known as the "Hackensack Meadowlands Development Commission." The commission shall constitute a political subdivision of the State established as an instrumentality exercising public and essential governmental functions, and the exercise by the commission of the powers conferred by this act shall be deemed and held to be an essential governmental function of the State.
(b) The commission shall consist of [7] nine Members appointed and qualified as follows:
(1) The Commissioner [of the Department] of Community Affairs, ex officio; provided that he may appoint an alternate to act in his place and stead, with the authority to attend, vote and perform any duty or function assigned to the Commissioner [of the Department] of Community Affairs in his absence. The alternate shall serve during the term of the Commissioner [of the Department] of Community Affairs, subject to removal at his pleasure. In the event of a vacancy in the position of alternate, it shall be filled in the same manner as an original appointment and only for the unexpired term.
(2) [Six] Eight citizens of the State, appointed by the Governor, with the advice and consent of the Senate [and] , no more than [3] four of whom shall be of the same political party; [two] four of whom shall be residents of the constituent municipalities of Bergen county and [two] four of whom shall be residents of the constituent municipalities of Hudson county]. Two of the citizens appointed by the Governor shall be residents of constituent municipalities that have more than 85% of the land within their respective corporate boundaries located within the district; provided, however, that no more than one citizen shall be appointed from any one constituent municipality [; one of whom shall be a resident of Bergen county and one of whom shall be a resident of Hudson county]. The Commissioner [of the State Department] of Transportation, the Commissioner of [the Department of Conservation and Economic Development] Environmental Protection, and a representative of the United States Army Corps of Engineers, may, within the limits of their respective responsibilities and at the request of the commission, serve as non-voting advisors to the commission. The members of the liaison committee established, as hereinafter provided, by the Hackensack Meadowlands Municipal Committee, shall also serve as non-voting advisors to the commission;
(c) The Commissioner [of the Department] of Community Affairs shall serve on the commission during his term of office and shall be succeeded by his successor in office. Each member appointed by the Governor shall serve for terms of five years; provided that of the first members appointed by the Governor one shall serve for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and two for a term of five years. Of the first members appointed by the Governor pursuant to P.L.19 , c. (now before the Legislature as this bill), one shall serve for a term of two years and one shall serve for a term of three years. Each member shall serve for the term of his appointment and until his successor shall have been appointed and qualified. Any vacancy shall be filled in the same manner as the original appointment for the unexpired term only.
(d) Any member of the commission may be removed by the Governor for cause after a public hearing.
(e) Each member of the commission before entering upon his duties shall take and subscribe an oath to perform the duties of his office faithfully, impartially and justly to the best of his ability. A record of such oaths shall be filed in the office of the Secretary of State.
(f) The members of the commission shall serve without compensation, but the commission may reimburse its members for necessary expenses incurred in the discharge of their duties.
(g) The Governor shall designate one of the members of the commission as chairman. The commission shall select from its members a vice-chairman and a treasurer, and shall employ an executive director, who shall be secretary, and a chief fiscal officer. The commission may also appoint, retain and employ, without regard to the provisions of Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, such officers, agents, employees and experts as it may require, and it shall determine their qualifications, terms of office, duties, services and compensation.
(h) The powers of the commission shall be vested in the members thereof in office from time to time and a majority of the total authorized membership of the commission shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the commission at any meeting thereof by the affirmative vote of a majority of the members, unless in any case the by-laws of the commission or any of the provisions of [this act] P.L.1968, c.404 (C.13:17-1 et seq.) shall require a larger number; provided that the commission may designate one or more of its agents or employees to exercise such administrative functions, powers and duties as it may deem proper, under its supervision and control. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission, except as provided by section 8 of P.L.1968, c.404 (C.13:17-8).
(i) Before the issuance of any bonds under the provisions of [this act] P.L.1968, c.404 (C.13:17-1 et seq.), the members and the officer of the commission charged with the handling of the commission's moneys shall be covered by a surety bond or bonds in such sum as provided by the rules and regulations of the commission conditioned upon the faithful performance of the duties of their respective offices, and executed by a surety company authorized to transact business in the State of New Jersey as a surety. Each such surety bond shall be submitted to the Attorney General for his approval and upon his approval shall be filed in the office of the Secretary of State prior to the issuance of any bonds by the commission. At all times after the issuance of any bonds by the commission the officer of the commission charged with the handling of the commission's moneys and each member shall maintain such surety bonds in full force and effect. All costs of such surety bonds shall be borne by the commission.
(j) On or before March 31 in each year the commission shall make an annual report of its activities for the preceding calendar year to the Governor and to the Legislature. Each such report shall set forth a complete operating and financial statement covering its operations during the year.
(k) The commission shall cause an audit of its books and accounts to be made at least once in each year and the cost thereof shall be treated as one incurred by the commission in the administration of [this act] P.L.1968, c.404 (C.13:17-1 et seq.), and a copy thereof shall be filed with the State Treasurer, all as more fully provided in section 76 of [this act] P.L.1968, c.404 (C.13:17-78).
(l) (1) No member, officer, employee or agent of the commission shall be financially interested, either directly or indirectly, in any project or any part of a project area (other than a residence) or in any contract, sale, purchase, lease or transfer of real or personal property to which the commission is a party;
(2) Any contract or agreement knowingly made in contravention of this [section] subsection is voidable;
(3) Any person who shall willfully violate any of the provisions of this [section] subsection shall forfeit his office or employment and shall be guilty of a misdemeanor.
(cf: P.L.1968, c.404, s.5)
2. Section 8 of P.L.1968, c.404 (C.13:17-8) is amended to read as follows:
8. (a) The commission shall submit to the committee for review, prior to final action thereon, codes and standards formulated by the commission, the district master plan and amendments thereto, development and redevelopment plans, and improvement plans. The commission may also submit to the committee any other matter which the commission deems advisable.
(b) The committee shall review matters submitted to it by the commission pursuant to this section and shall indicate its position in writing to the commission. Failure of the committee to state its position within 45 days of the receipt of any matter so referred to the committee shall be deemed to constitute approval of the proposed action of the commission. Except that, the committee shall have 120 days after receipt of the master plan to state its position, in writing, to the commission.
(c) The commission shall not take any final action on any matter required to be submitted to the committee pursuant to this section, which matter has been formally rejected by the committee, except by a vote of [5/7 of the full membership] at least six members of the commission.
(d) The committee may make recommendations to the commission on any matter it deems advisable whether or not such matter was submitted to said committee by said commission.
(cf: P.L.1968, c.404, s.8)
3. This act shall take effect on the 90th day following enactment.
STATEMENT
The bill, amends the "Hackensack Meadowlands Reclamation and Development Act" to increase the number of members of the Hackensack Meadowlands Development Commission (HMDC) from seven to nine, to provide that no more than four citizen members shall be of the same political party, to require that four citizen members be residents of the constituent municipalities of Bergen County, that four be residents of the constituent municipalities of Hudson County, and that two of the eight citizen members shall be residents of those constituent municipalities that have more than 85 percent of the land within their respective corporate boundaries located within the Meadowlands district.
In addition, the bill amends section 8 of P.L.1968, c,404 (C.13:17-8) to increase the number of votes needed from five-sevenths of the full membership to at least six members with regard to taking final action on matters required to be submitted to the Hackensack Meadowlands Municipal Committee which were formally rejected by the committee.
Increases membership of Hackensack Meadowlands Development Commission.