[Passed Both Houses]

SENATE SUBSTITUTE FOR

ASSEMBLY, No. 1669

STATE OF NEW JERSEY

ADOPTED JUNE 16, 1997

Sponsored by Senators KENNY, SCOTT, RICE,

 Assemblymen KELLY, O'TOOLE, Assemblywoman Gill

 and Senator McGreevey

An Act concerning attendance at conventions of certain organizations, amending N.J.S.11A:6-10 and P.L.1977, c.347, supplementing P.L.1966, c.293 (C.52:27D-1 et seq.), and making an appropriation.

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

      1. N.J.S.11A:6-10 is amended to read as follows:

      11A:6-10. a. A leave of absence with pay shall be given to every employee who is a duly authorized representative of the New Jersey Patrolmen's Benevolent Association, Inc., Fraternal Order of Police, American Federation of Police Officers, Inc., Bronze Shields, Inc., Batons, Vulcan Pioneers, a member organization of the New Jersey Council of Charter Members of the National Black Police Association, Inc., the Uniformed Firemen's Association, Firemen's Mutual Benevolent Association, Inc., the Fire Fighters Association of New Jersey or the New Jersey State Association of Chiefs of Police, or to any corrections officer who is a member of the Italian American Police Society of New Jersey, to attend any State or national convention of the organization. The leave of absence shall be for a period inclusive of the duration of the convention with a reasonable time allowed for travel to and from the convention. A certificate of attendance at the convention shall, upon request, be submitted by the representative so attending.

      b. A leave of absence with pay shall be given to every employee who is a duly authorized representative of the Emerald Society, the Portuguese-American Police Association of New Jersey, any affiliate of the International Association of Black Professional Firefighters, or the National Association of Hispanic Firefighters or any affiliate of that association, to attend any State or national convention of the organization. The leave of absence shall be for a period inclusive of the duration of the convention with a reasonable time allowed for travel to and from the convention. A certificate of attendance at the convention shall, upon request, be submitted by the representative attending the convention. A political subdivision that grants an employee a leave of absence under this subsection may apply for compensation from the Local Government Leave of Absence Fund established in section 3 of P.L. ,c. (C. )(pending before the Legislature as this bill) for any costs incurred by the political subdivision as a result of the leave of absence.

(cf: P.L.1993, c.105, s.1)

      2. Section 1 of P.L.1977, c.347 (C.40A:14-177) is amended to read as follows:

      1. a. The heads of the county offices of the several counties and the head of every department, bureau and office in the government of the various municipalities shall give a leave of absence with pay to every person in the service of the county or municipality who is a duly authorized representative of the New Jersey State Patrolmen's Benevolent Association, Inc., Fraternal Order of Police, American Federation of Police Officers, Inc., Bronze Shields, Inc., Batons, Vulcan Pioneers, a member organization of the New Jersey Council of Charter Members of the National Black Police Association, Inc., Firemen's Mutual Benevolent Association, Inc., the Uniformed Firemen's Association, or the New Jersey State Association of Chiefs of Police, to attend any State or national convention of such organization.

      A certificate of attendance to the State convention shall, upon request, be submitted by the representative so attending.

      Leave of absence shall be for a period inclusive of the duration of the convention with a reasonable time allowed for time to travel to and from the convention.

      b. A leave of absence with pay shall be given to every employee who is a duly authorized representative of the Emerald Society, the Portuguese-American Police Association of New Jersey, any affiliate of the International Association of Black Professional Firefighters, or the National Association of Hispanic Firefighters or any affiliate of that association, to attend any State or national convention of the organization. The leave of absence shall be for a period inclusive of the duration of the convention with a reasonable time allowed for travel to and from the convention. A certificate of attendance at the convention shall, upon request, be submitted by the representative attending the convention. A county or municipal governing body that grants an employee a leave of absence under this subsection may apply for compensation from the Local Government Leave of Absence Fund established in section 3 of P.L. ,c. (C. )(pending before the Legislature as this bill) for any costs incurred by the governing body as a result of the leave of absence.

(cf: P.L.1989, c.224, s.1)

      3. (New section) For the purposes of complying with Article VIII, Section II, paragraph 5 of the New Jersey State Constitution, there is hereby created a fund within the Department of Community Affairs, which shall be known as the Local Government Leave of Absence Fund. Money in the fund shall be used to compensate a county or municipal governing body or a political subdivision for any costs it incurs when its employee takes a leave of absence with pay under subsection b. of N.J.S.11A:6-10 or subsection b. of section 1 of P.L.1977, c.347 (C.40A:14-177). Application for compensation shall be made on a form prepared by the Commissioner of Community Affairs. It shall be the duty of the commissioner to review each application for compensation within 30 days of submission and to pay each claim promptly. The commissioner also shall monitor the financial status of the Local Government Leave of Absence Fund and to submit written notification to the State Treasurer and the Legislative Budget and Finance Officer whenever the commissioner determines that the fund needs to be replenished.

      4. (New section) Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Community Affairs shall adopt rules and regulations to implement the provisions of this act.

      5. There is appropriated from the General Fund $75,000 to the Local Government Leave of Absence Fund.

      6. This act shall take effect immediately.

STATEMENT

      This substitute would add the Emerald Society, the Portuguese-American Police Association of New Jersey, any affiliate of the International Association of Black Professional Firefighters, and the National Association of Hispanic Firefighters to the groups whose duly authorized representatives are granted paid leave for attendance at State or national conventions. Under current law, two separate statutes authorize these paid leaves. The substitute also amends N.J.S.11A:6-10 to include in that statute the groups listed in section 1 of P.L.1977, c.347 (C.40A:14-177).

      In order to comply with the provisions of Article VIII, Section II, paragraph 5 of the State Constitution concerning State mandate - State pay, the substitute also creates the Local Government Leave of Absence Fund. Money in the fund would be used to compensate county and municipal governing bodies and political subdivisions for any costs incurred by them when their employees who are duly authorized representatives of the Emerald Society, the Portuguese-American Police Association of New Jersey, any affiliate of the International Association of Black Professional Firefighters, or the National Association of Hispanic Firefighters take a leave of absence to attend a State or national convention. Members of these groups would be newly authorized by this substitute to be given leaves of absence with pay.

      The Commissioner of Community Affairs would prepare application forms for receiving money from the fund, receive and review the applications, and pay the claims. The commissioner also would monitor the financial status of the fund and notify the State Treasurer and the Legislative Budget and Finance Officer whenever the fund needed to be replenished.

      The substitute appropriates $75,000 to the Local Government Leave of Absence Fund.

Creates Local Government Leave of Absence Fund; grants leave of absence for representatives of certain groups to attend certain conventions; appropriates $75,000.