ASSEMBLY, No. 1275

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen COLLINS and STUHLTRAGER

An Act permitting counties and municipalities to submit an alternative proposal to or request an exemption from State mandated programs and supplementing Title 52 of the Revised Statutes.

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

    1. The Legislature finds and declares that:

    The Legislature has enacted and continues to enact laws which require counties and municipalities to perform specific activities that require the expenditure of local tax dollars which must be addressed in the budgets adopted by those counties and municipalities;

    These legislative requirements have placed an onerous burden on local governing bodies, which have been faced with the task of providing necessary services to their residents in addition to providing programs, services and activities required under these State mandates while trying to cope with the budgetary constraints of county and municipal budget "cap" laws;

    Many counties and small municipalities are hard-pressed to continue to provide the financial resources required to fulfill increasingly burdensome statutory mandates, given the worsening State and national economies;

    Counties and municipalities should be encouraged to formulate more effective ways of meeting the goals of State mandated programs and administrative officers of State departments and agencies should be encouraged to approve and support these plans when the alternative means will accomplish the same goals as the State mandated programs or when the mandated program or service proves unnecessary or impractical for the local unit.

    2. For the purposes of this act:

    "Administrative officer" means a commissioner or director of any State department or agency responsible for administering a State mandated program.

    "State mandated program" means a program, service or activity that is to be performed, implemented or expanded by a local unit for or on behalf of its residents, which results in an added net cost to the local unit, and which is mandated in any statute enacted by the Legislature either prior to or after the effective date of this act. A "state mandated program" shall not include any of the following: any activity pertaining to a statute carrying criminal penalties; any program mandated in a statute requiring expenditures for environmental purposes; any mandates required by or arising from a court order or judgment; any programs or services which are provided at local option under permissive State laws, rules, regulations or orders; any programs which are required by private, special or local laws pursuant to Article IV, Section VII, paragraphs 8 and 10 of the State Constitution; any program required by or arising from an executive order of the Governor in exercising emergency powers granted by law; or those programs mandated by federal law, rule, regulation or order.

    3. a. Upon the adoption of a resolution passed by the governing body, a local unit may submit to an administrative officer:

            (1) a plan that specifically details an alternative method of implementing a State mandated program under that officer's jurisdiction; or

            (2) a written request, with supporting documentation, for an exemption from having to comply with the requirements of that State mandated program which shall satisfactorily demonstrate that circumstances are present which make compliance with the mandate unnecessary or impractical.

    The administrative officer shall review the alternative plan or request for exemption and within 45 days of submission by the local unit of the plan or written request to the administrative officer, issue a determination approving or disapproving the alternative plan or exemption request. If no determination is made by the administrative officer within the 45 day period, the plan or exemption request shall be considered approved.

    b. Any alternative plan or exemption request that is approved shall be reviewed by the administrative officer six months after the date of its implementation or exemption for a redetermination of whether it is fairly accomplishing the goals of the State mandated program. Thereafter, the local unit shall submit, on an annual basis, the appropriate documentation to demonstrate that the alternative plan or exemption is still warranted.

    4. Any action taken by an administrative officer pursuant to section 3 of this act shall be considered to be a final agency action for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

    5. This act shall take effect immediately.

STATEMENT

    This bill permits counties and municipalities to submit an alternative proposal to or request an exemption from statutory mandates. The bill provides that upon the adoption of a resolution passed by the governing body, a local unit may submit to an administrative officer of a State department or agency a plan that specifically details an alternative method of implementing a State mandated program which is under the jurisdiction of that administrative officer. In addition, the bill permits the local unit, upon adoption of a resolution by the governing body, to submit a written request, with supporting documentation, to an administrative officer for an exemption from having to comply with the requirements of that State mandated program which shall satisfactorily demonstrate that circumstances are present which make compliance with the mandate unnecessary or impractical.

    The bill defines a "state mandated program" as a program, service or activity that is to be performed, implemented or expanded by a local unit for or on behalf of its residents, which results in an added net cost to the local unit, and which has been mandated in a statute enacted prior to or after the effective date of this bill. This bill does not affect any statutes carrying criminal penalties; any program which requires expenditures for environmental purposes; any mandates arising out of a court order; any programs which are permissive; any private, special or local law; any mandates issued by executive order for emergency purposes; or any federal mandates.

    Under the provisions of this bill, the administrative officer of a State department or agency has 45 days to review the alternative plan or exemption request. If no decision is made within this 45-day period, the plan or exemption request shall be deemed approved. The alternative plan or exemption request will be reviewed initially after a six-month period to determine if it is still appropriate. Thereafter, the local unit shall submit, on an annual basis, the appropriate documentation to demonstrate that the alternative plan or exemption is still warranted.

Permits counties and municipalities to submit alternative proposal to or request exemption from State mandated programs.