ASSEMBLY, No. 2158

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 17, 1996

 

 

By Assemblyman CARABALLO

 

 

An Act re-establishing the Department of the Public Advocate and revising parts of the statutory law.

 

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

 

    1. (New section) Short title.

    This act shall be known and may be cited as the "Department of the Public Advocate Act of 1996."

 

    2. (New section) Establishment.

    There is hereby established in the Executive Branch of the State Government a principal department which shall be known as the Department of the Public Advocate.

    As used in this act, unless the context clearly indicates otherwise, the word "department" means the Department of the Public Advocate established herein.

 

    3. (New section) Commissioner; appointment; term; salary.

    The administrator and chief executive officer of the department shall be a commissioner, who shall be known as the Public Advocate and who shall be an attorney-at-law of this State and a person qualified by training and experience to perform the duties of the office. The Public Advocate shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the Public Advocate's successor. The Public Advocate shall receive such salary as shall be provided by law.

    The Public Advocate may in the discretion of the governor concurrently hold another position established in or allocated to the Department of the Public Advocate, notwithstanding any requirement of law that the Public Advocate devote his entire time to the duties of one position or the other. In such case the Public Advocate shall receive only the salary provided for the Public Advocate, and not the salary for such other position.

 

    4. (New section) Power and duties of Public Advocate.

    The Public Advocate as administrator and chief executive officer of the department, shall:

    a. Administer the work of the department;

    b. Appoint and remove such officers, investigators, stenographic and clerical assistants and other personnel as may be required for the conduct of the department, subject to the provisions of Title 11 of the Revised Statutes, Civil Service, and other applicable statutes, except as provided otherwise herein;

    c. Adopt, issue and promulgate, in the name of the department, such rules and regulations may be authorized by law;

    d. Formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the department, its officers and employees;

    e. Institute or cause to be instituted such legal proceedings or processes consistent with the rules governing the courts of New Jersey and the practice of law therein as may be necessary properly to enforce and give effect to any of his powers or duties;

    f. Prepare schedules of rates to be paid for services rendered other than by the staff, taking into account the nature of the services, the time involved, the skill and experience required and other pertinent factors;

    g. Make such reports of the department's operation as the Governor or the Legislature shall from time to time request, or as may be required by law;

    h. Perform, exercise and discharge the functions, powers and duties of the department through such divisions as may be established by this act or otherwise by law;

    i. Organize and coordinate the work of the department in such divisions, not inconsistent with the provisions of this act, and in such bureaus and other organizational units as he may determine to be necessary for efficient and effective operation;

    j. Integrate within the department, so far as practicable, all staff services of the department and of the several divisions and other agencies therein;

    k. Maintain suitable headquarters for the department and such other quarters as he shall deem necessary to the proper functioning of the department;

    l. Except as otherwise provided by law, appoint division directors who are qualified by training and experience to direct, under the supervision of the Public Advocate, the several divisions and offices established pursuant to this act. Such division directors shall serve at the pleasure of the Public Advocate who shall fix their compensation within the limits of available appropriations;

    m. Solicit and accept grants of funds from the Federal Government and from private foundations, and allocate or restrict the use of such funds as may be required by the grantor; and

    n. Perform such other functions as may be prescribed in this act or by any other law.

 

    5. (New section) Appointment of Assistant Public Advocate.

    The Public Advocate may appoint an Assistant Public Advocate to serve at the pleasure of the Public Advocate. Such appointment shall be in writing and filed with the Secretary of State. The Assistant Public Advocate shall have and exercise the powers and perform the functions and duties of the Public Advocate during the absence or disability of the Public Advocate. The Assistant Public Advocate shall also have and exercise such of the powers and perform such of the functions and duties of the Public Advocate as he shall be authorized and directed by the Public Advocate. Any such authorization and direction shall be in writing, signed by the Public Advocate and filed with the Secretary of State, and shall include a designation of the period during which it shall be and remain in force. No such authorization and direction shall be deemed to preclude the Public Advocate from himself exercising the powers and the performance of the duties included in said authorization and direction. In the event that the Public Advocate shall die, resign or be removed from office, or become disqualified to execute the duties of his office, or a vacancy shall occur in the office of the Public Advocate for any cause whatsoever, the person then holding the office of Assistant Public Advocate shall continue to hold such office and shall have and exercise the powers and perform the functions and duties of the Public Advocate until the successor of the Public Advocate shall be appointed and shall qualify.

    The Assistant Public Advocate shall receive such salary as shall be provided by law.

 

    6. (New section) Appointment of deputy public advocates and expert assistants.

    The Public Advocate shall appoint deputy public advocates and other expert assistants in such number as he shall require to assist him in the performance of the duties of his office. Deputies shall be attorneys-at-law of this State. Deputies and other expert assistants shall serve at the pleasure of the Public Advocate and shall receive such salaries as he shall from time to time designate.

 

    7. (New section) Division of Administration.

    There is hereby established in the Department of the Public Advocate the Division of Administration to be under the supervision of the Director of the Division of Administration.

 

    8. (New section) Duties of Division of Administration.

    It shall be the duty of the Division of Administration to prepare a budget for the department, fulfill personnel requirements, provide public information concerning department activities, and conduct such research as the Public Advocate determines to be relevant and necessary to the department's functions.

 

    9. (New section) Office of Inmate Advocacy; established.

    a. There is hereby established in the Office of the Public Advocate the Office of Inmate Advocacy.

    b. All functions, powers and duties now vested in the Office of the Public Defender in, but not of, the Department of State related to any functions, powers and duties which had been vested in the Office of Inmate Advocacy in the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), are transferred to and again assumed by the Office of Inmate Advocacy in the Department of the Public Advocate.

    c. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Defender in, but not of, the Department of State, concerning functions, powers and duties which had been vested in the Office of Inmate Advocacy in the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), the same shall mean and refer to the Office of Inmate Advocacy in the Department of the Public Advocate.

 

    10. (New section) Inmate: defined.

    As used in this act, "inmate" shall mean any person who is committed to or confined in a jail, prison, lockup, penitentiary, reformatory, training school or other similar facility within the State of New Jersey.

 

    11. (New section) Office of Inmate Advocacy; duties.

    a. The Office of Inmate Advocacy may represent the interests of inmates in such disputes and litigation, as will, in the discretion of the Public Advocate, best advance the interests of inmates as a class on an issue of general application to them, and may act as representative of inmates with any principal department or other instrumentality of State, county or local government. The provisions of this section shall not be construed to affect the authority or responsibility of the Office of the Public Defender in, but not of, the Department of State, to represent inmates as individuals.

    b. In addition to any other duties, the Office of Inmate Advocacy shall function as an ombudsman for inmates. In fulfilling this function, the Office shall establish and implement procedures for eliciting, receiving, processing, responding and resolving complaints from inmates, their families, other interested citizens, public officials and government agencies concerning conditions in the correctional facilities listed in section 10 of this act.

 

    12. (New section) Professional responsibilities.

    The primary duty of all staff members and of others engaged by the department on a temporary or case basis shall be to the individual client, with like effect and to the same purpose as though privately engaged by the client and without regard to the use of public funds to provide the service. This responsibility shall not preclude the designation or assignment of different individuals to perform various parts of the service from time to time, the duty is such cases to be the same as would exist in the case of a privately engaged law firm.

 

    13. (New section) Attorney-client privilege.

    All communications between the individual client and any attorney in or engaged by the Department of the Public Advocate shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel has been engaged privately. This privilege shall in no way preclude the use by the department of material in its files, otherwise privileged, for the preparation and disclosure of statistical, case study and other sociological data, provided always that in any such use there shall be no disclosure of the identity or the means for discovering the identity of particular clients.

 

    14. (New section) Standard of performance.

    In providing legal services to clients pursuant to this act, every attorney, whether a member of the staff or engaged by the department on a temporary or case basis, shall adhere to the standards of performance established from time to time by the Supreme Court of New Jersey in the execution of its duty to supervise the practice of law; and the department shall furnish to such court materials and data as may be requisite to the measurement of the adequacy of the performance hereunder.

 

    15. (New section) Division of Rate Counsel: established.

    There is hereby established in the Department of the Public Advocate the Division of Rate Counsel to be under the supervision of the Director of the Division of Rate Counsel.

 

    16. (New section) Director, Division of Rate Counsel; staff.

    The Director of the Division of Rate Counsel shall be an attorney-at-law of this State and may employ such assistants on a full-time basis as are necessary to protect the public interest. When exceptional circumstances arise, the Director of the Division of Rate Counsel, with the approval of the Public Advocate, may on a temporary basis retain such other expert assistants as are necessary to protect the public interest, pursuant to a reasonable fee schedule established in advance by the Public Advocate.

    Cases shall be assigned to staff attorneys or to attorneys hired by case on a basis calculated to provide competent representation in the light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors.

 

    17. (New section) Division of Rate Counsel; jurisdiction.

    The Division of Rate Counsel shall represent and protect the public interest as defined in section 31 of this act in proceedings before and appeals from any State department, commission, authority, council, agency or board charged with the regulation or control of any business, industry or utility regarding a requirement that the business, industry or utility provide a service or regarding the fixing of a rate, toll, fare or charge for a product or service. The Division of Rate Counsel may initiate any such proceedings when the director determines that a discontinuance or change in a required service or a rate, toll, fare or charge for a product or service is in the public interest.

 

    18. (New section) Payment of expenses of Division of Rate Counsel.

    a.    Whenever the Division of Rate Counsel represents the public interest in a proceeding initiated by application of a business, industry or utility other than an insurance company or nonprofit service plan subject to the provisions of Title 17 of the Revised Statutes or Title 17B of the New Jersey Statutes for authority to increase the rate, toll, fare or charge charged by it for any product or service or in a proceeding initiated by application of a business, industry or utility to discontinue or change any required service, the Director of the Division of Rate Counsel may, except as otherwise provided herein, assess the business, industry or utility up to 1/10 of 1% of its revenues derived in the calendar year last preceding the institution of such proceeding from its interstate sales of the product supplied or interstate service rendered, the rate, toll, fare or charge for which, or the discontinuance or charge for which, is the subject matter of such proceeding, or $1,500.00, whichever is greater. The assessment shall not exceed $500,000.00, unless the compensation and expenses of counsel, experts and assistants employed by the division in such proceeding exceed $500,000.00, in which case the director shall send the business, industry or utility an itemized statement setting forth the amount, as of the date of such statement, of the compensation and expenses.

    For cases where the gross annual revenues in the calendar year last preceding the institution of the proceeding from the intrastate sales of the product supplied or intrastate service rendered, the rate, toll, fare or charge for which, or the discontinuance or charge for which, is the subject matter of the proceeding, do not exceed $1,500,000.00, the director may assess the business, industry or utility up to $1,500.00 but not less than $500.00. If an assessment exceeds $500.00, the director shall send the business, industry or utility an itemized statement setting forth the amount, as of the date of statement, of the compensation and expenses of counsel, experts and assistants employed by the division in the proceeding. In no event shall an assessment in these cases exceed $1,500.00.

    b. Whenever the Division of Rate Counsel represents the public interest in a proceeding initiated by an insurance, company or nonprofit service plan subject to Title 17 of the Revised Statutes or Title 17B of the New Jersey Statutes for authority to increase or change the charges for insurance, the director shall send each insurer, nonprofit service plan or rating organization involved in such proceeding a statement of the compensation and expenses of counsel, experts and assistants employed by the division in such proceeding, together with an appropriate allocation to such insurance company, nonprofit service plan or rating organization of its fair share thereof.

    c. All assessments or statements of compensation and expenses shall be paid by the business, industry or utility to the Department of the Treasury within 30 days after the date of assessment. The State Treasurer, upon receipt of any payment by the business, industry or utility pursuant to the provisions of this act, shall cause the same to be deposited in the General State Fund.

    d. Any and all amounts paid by the business, industry or utility pursuant to this act shall be deemed to be operating expenses.

    e. All assessments or statements of compensation and expenses pertaining to a business, industry or utility whose revenues do not exceed $1,500,000.00, as computed pursuant to subsection a., shall be paid by the business, industry or utility to the Department of Treasury as follows:

    (1) An assessment of $500.00 shall be paid by the business, industry or utility within 30 days after the date of assessment.

    (2) Any amount assessed in excess of $500.00, but not in excess of $1,500.00 shall be paid in equal monthly installments over such period as the recoupment of the case operating expenses is permitted by the executive authority with the power to make the final determination in such matters. The first installment payment shall be due on the date of the final decision rendered by the executive authority.

    f. If any amount assessed pursuant to subsection e. is not received on any date in the schedule established pursuant to subsection e., the unpaid balance of the total assessment shall immediately become due and payable within 30 days.

 

    19. (New section) Transfer of powers and duties of Division of Rate Counsel.

   All functions, powers and duties which had been vested in the Division of Rate Counsel in the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.) and which were transferred by P.L.1994, c.58 (C.52:27E-50 et al.) to the Office of the Public Defender in, but not of, the Department of State, to the Department of Environmental Protection, to the Department of Insurance and to the Division of the Ratepayer Advocate established by Reorganization Plan 94-001, are hereby transferred to and again assumed by the Division of Rate Counsel in the Department of the Public Advocate.

    Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Defender in, but not of, the Department of State, to the Department of Environmental Protection, to the Department of Insurance or to the Division of the Ratepayer Advocate concerning functions, powers and duties which had been vested in the Division of Rate Counsel in the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), the same shall mean and refer to the Division of Rate Counsel in the Department of the Public Advocate.

 

  20.     (New section) Division of Mental Health Advocacy; established.

  a.      There is hereby established in the Department of the Public Advocate the Division of Mental Health Advocacy under the supervision of the Director of the Division of Mental Health Advocacy.

  b. All functions, powers and duties now vested in the Office of the Public Defender in, but not of, the Department of State related to any indigent mental hospital admittee's admission to, retention in, or release from confinement in a hospital, institution or facility are transferred to and again assumed by the Division of Mental Health Advocacy in the Department of the Public Advocate.

  c. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Defender in, but not of, the Department of State, concerning functions, powers and duties which had been vested in the Division of Mental Health Advocacy in the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), the same shall mean and refer to the Division of Mental Health Advocacy in the Department of the Public Advocate.

 

       21. (New section) Director to employ assistants.

       The Director of the Division of Mental Health Advocacy may, with the approval of the Public Advocate, employ such assistants on a full-time basis as are necessary. When exceptional circumstances arise, the Director of the Division of Mental Health Advocacy, with the approval of the Public Advocate, may on a temporary basis retain such other expert assistants as are necessary pursuant to a reasonable fee schedule established in advance by the Public Advocate.

       Cases shall be assigned to staff attorneys or attorneys hired by case on a basis calculated to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors.

 

  22. (New section)    Indigent mental hospital admittee; defined.

  As used herein "indigent mental hospital admittee " means a person who has been admitted to and is a patient in a mental hospital, an institution for the care and treatment of the mentally ill, or a similar facility, whether public or private, State, county or local, or who is the subject of an action for admission as provided by R.S.30:4-27 and who does not have the present financial ability to secure competent legal representation and to provide all other necessary expenses of representation.

 

23.     (New section) a. Legal representation and medical consultation.

The Division of Mental Health Advocacy may provide such legal representation and medical consultation as the director deems appropriate for any indigent mental hospital admittee in any proceeding concerning the admittee's admission to, retention in, or release from confinement in such a hospital, institution or facility.

b. Patient Representatives.

The Division of Mental Health Advocacy               shall provide patient representatives in such hospitals, institutions and facilities to represent and protect mental hospital admittees with respect to the use and administration of psychotropic medication in accordance with established constitutional principles concerning patients' right to refuse such medication.

 

24.    (New section) Class actions.

The Division of Mental Health Advocacy may, with the approval of the Public Advocate, represent the interests of indigent mental hospital admittees in such disputes and litigation, as will, in the discretion of the Director of the Division of Mental Health Advocacy, best advance the interests of indigent mental hospital admittees as a class on an issue of general application to them, and may act as representative of indigent mental hospital admittees with any principal department or other instrumentality of State, county or local government.

25.     (New section) Eligibility for services.

Eligibility for the services of the Division of Mental Health Advocacy shall be determined on the basis of the need of the client. Need shall be measured according to the financial ability of the client to engage and compensate competent private counsel and to provide all other necessary expenses of representation. Such ability shall be recognized to be a variable depending on the nature, extent and liquidity of assets and on the disposable net income of the client on the one hand, and on the nature of the case, the effort and skill required to gather pertinent information, render advice, conduct trial or render other legal services, and probable expenses to be incurred, on the other hand. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the division shall undertake the same provisionally, and if it shall subsequently determine that the client is ineligible it shall so inform the client, and the client shall thereupon with the approval of the court be obliged to engage his own counsel and to reimburse the division for the cost of the services rendered to that time.

 

       26. (New section) Financial status of defendant; investigation.

The Division of Mental Health Advocacy shall make such investigation of the financial status of each client as the circumstances warrant. The division, pursuant to rules and regulations promulgated by the department for the purpose, may obtain information from any public record, office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.

 

       27. (New section) Division of Public Interest Advocacy: established.

       There is hereby established in the Department of the Public Advocate the Division of Public Interest Advocacy under the supervision of the Director of the Division of Public Interest Advocacy, who shall be an attorney-at-law of this State.

 

       28. (New section) Division of Public Interest Advocacy: jurisdiction.

       The Division of Public Interest Advocacy may represent the public interest in such administrative and court proceedings, other than those under the jurisdiction of the Division of Rate Counsel pursuant to this act, as the Public Advocate deems shall best serve the public interest.

       29. (New section ) Public interest: defined.

       As used in this act, public interest shall mean an interest or right arising from the Constitution, decisions of court, common law or other laws of the United States or of this State inhering in the citizens of this State or in a broad class of such citizens.

  30. (New section ) Decision to represent particular public interest.

  The Public Advocate shall have sole discretion to represent or refrain from representing the public interest in any proceeding. He shall consider in exercising his discretion the importance and the extent of the public interest involved and whether that interest would be adequately represented without the action of the department. If the Public Advocate determines that there are inconsistent public interests involved in a particular matter, he may choose to represent one such interest based on the considerations in this section, to represent no interest in that matter, or to represent one such interest through the Division of Public Interest Advocacy and another or others through other divisions of the department or through outside counsel engaged on a case basis.

 

  31. (New section) Division of Public Interest Advocacy: power.

  The Division of Public Interest Advocacy may represent and protect the public interest by:

  a. Intervening in or instituting proceedings before any department, commission, agency or board of the State leading to an administrative adjudication or administrative rule as defined in section 2 of P.L.1968, c.410 (C.52:14B-2).

  b. Instituting litigation on behalf of a broad public interest when authorized to do so by the Public Advocate.

 

  32. (New section) Division of Citizen Complaints.

  a. There is hereby established in the Department of the Public Advocate the Division of Citizen Complaints under the supervision of the Director of the Division of Citizen Complaints.

  b. All functions, powers and duties now vested in the Office of the Public Defender in, but not of, the Department of State related to any functions, powers and duties which had been vested in the Office of Citizen Complaints of the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), are transferred to and again assumed by the Division of Citizen Complaints of the Department of the Public Advocate.

  c. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Defender in, but not of, the Department of State, concerning functions, powers and duties which had been vested in the Office of Citizen Complaints prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), the same shall mean and refer to the Division of Citizen Complaints of the Department of the Public Advocate.

 

  33. (New section) Definitions.

  a. "Agency" means and includes the State of New Jersey, and its principal departments, and any division, bureau, board, commission, agency, office, authority or institution of the Executive branch of the State Government, and any officer, employee, or member thereof acting or purporting to act in the exercise of his official duties, except the Governor and the Governor's personal staff. "Agency" shall not include any portion of the legislative or judicial branches of government, or any unit of county or municipal government.

  b. "Administrative act" means and includes any action, omission, decision, recommendation, practice or procedure of an agency, but does not include the preparation, presentation or introduction of legislation.

 

  34. (New section) Powers and Duties.

    The office shall, under the direction and supervision of the Director of the Division of Citizen Complaints, in addition to other powers and duties vested in it by this act, or any other law:

  a. Receive and forward to appropriate agencies of the State for determination complaints from any citizen relating to the administrative action or inaction of agencies.

  b. Investigate any complaint from any citizen relating to the administrative action or inaction of any agency, whether or not such action or inaction is final, where the complaint indicates that the action or inaction may have been:

  (1) Unreasonable, unfair, oppressive or discriminatory, although in accordance with law;

  (2) Unaccompanied by an adequate explanation;

  (3) Performed in an inefficient manner.

  c. Maintain records indicating the final disposition of any complaint forwarded by the office to an agency.

 

  35. (New section) Notice to complainant and agency.

  The Division of Citizen Complaints shall determine whether a complaint is or is not an appropriate subject for investigation under section 34 of this act, and shall inform the complainant of that decision, stating its reasons therefor. If the office decides to investigate a complaint, it shall also notify the affected agency of its decision.

 

  36. (New section) Procedure after investigation.

  If, after investigation, the Division of Citizen Complaints finds that:

  a. A matter should be further considered by the agency;

  b. An administrative action or inaction should be modified or canceled;

  c. A statute or regulation on which an administrative action or inaction is based should be altered;

  d. Reasons or more complete reasons should be given for an administrative action or inaction; or

  e. Any other action should be taken by the agency;

it shall report its findings and recommendations to the Public Advocate who may request the agency to notify him, within a specified time, of the action taken on such recommendations. The Public Advocate may refer the findings and recommendations of the Division of Citizen Complaints, to the Division of Public Interest Advocacy or, if appropriate, to the Division of Rate Counsel.

 

  37. (New section) Notice to the complainant.

  After a reasonable time has elapsed, the Division of Citizen Complaints shall notify the complainant of the action taken by the office and by the agency which was the subject of the complaint.

 

  38. (New section) Division of Advocacy for Developmentally Disabled: established.

  a. There is hereby established in the Department of the Public Advocate the Division of Advocacy for the Developmentally Disabled under the supervision of the Director of the Division of Advocacy for the Developmentally Disabled.

  b. All functions, powers and duties now vested in the Office of the Public Defender in, but not of, the Department of State related to any functions, powers and duties which had been vested in the Division of Advocacy for the Developmentally Disabled of the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), are transferred to and again assumed by the Division of Advocacy for the Developmentally Disabled of the Department of the Public Advocate.

  c. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Defender in, but not of, the Department of State, concerning functions, powers and duties which had been vested in the Division of Advocacy for the Developmentally Disabled of the Department of the Public Advocate prior to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), the same shall mean and refer to the Division of Advocacy for the Developmentally Disabled of the Department of the Public Advocate.

 

  39. (New section) Assistants; employment; assignment of cases to staff or hired by case attorneys.

  The Director of the Division of Advocacy for the Developmentally Disabled may, with the approval of the Public Advocate, employ such assistants on a full-time basis as are necessary to protect the rights of developmentally disabled persons. When exceptional circumstances arise, the Director of the Division of Advocacy for the Developmentally Disabled, with the approval of the Public Advocate, may on a temporary basis retain such other expert assistants as are necessary pursuant to a reasonable fee schedule established in advance by the Public Advocate.

  Cases shall be assigned to staff attorneys or attorneys hired by case on a basis calculated to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors.

 

  40. (New section) Developmentally disabled person defined.

  For purposes of this act, a developmentally disabled person is a person with a developmental disability as that term is defined in section 3 of the "Developmentally Disabled Rights Act," P.L.1977, c.82 (C.30:6D-3).

 

  41. (New section) Powers and duties.

  The Division of Advocacy for the Developmentally Disabled may receive and investigate complaints and provide such legal representation and other advocacy services on an individual or class basis as the Public Advocate deems appropriate to protect and advocate the rights of developmentally disabled persons. The Division of Advocacy for the Developmentally Disabled may also, within the limits of available funding, provide services to other handicapped persons or classes of persons found by the Public Advocate to have needs similar to developmentally disabled people.

 

  42. (New section) Eligibility for services.

  Eligibility for services by the Division of Advocacy for the Developmentally Disabled shall be determined on the basis of the need of the client and in a manner consistent with the conditions of any grant obtained by the Public Advocate to assist in implementing this act.

 

  43. (New section) Division of Child Advocacy; established.

   There is hereby established in the Department of the Public Advocate the Division of Child Advocacy under the supervision of the Director of the Division of Child Advocacy.

 

  44. (New section) Powers and duties.

  The Division of Child Advocacy may receive and investigate complaints and provide such legal representation and other advocacy services on an individual or class basis as the Public Advocate deems appropriate to protect and advocate the rights of children. The Division shall serve as an advocate for abused and neglected children in this State, assist the Governor and the Commissioner of Human Services in developing and funding programs for the prevention and treatment of child abuse and neglect, examine records and reports of child abuse and neglect obtained by the Division of Youth and Family Services and make such recommendations as the Division of Child Advocacy deems necessary in order to further the State's ability to protect and promote the interests of abused and neglected children.

 

  45. Ombudsman for the Institutionalized Elderly; transfer to Department of Public Advocate.

  a. There is hereby established in the Department of the Public Advocate the Office of the Ombudsman for the Institutionalized Elderly.

  b. All functions, powers and duties now vested in the Office of the Ombudsman for the Institutionalized Elderly pursuant to P.L.1977, c.239 (C.52:27G-3 et seq.) are hereby transferred to and assumed by the Office of the Ombudsman for the Institutionalized Elderly in the Department of the Public Advocate.

  c. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Ombudsman for the Institutionalized Elderly in, but not of, the Department of Community Affairs, the same shall mean and refer to the Office of the Ombudsman for the Institutionalized Elderly in the Department of the Public Advocate.

 

  46. Public Guardian for Elderly Adults; transfer to Department of Public Advocate.

  a. There is hereby established in the Department of the Public Advocate the Office of the Public Guardian for Elderly Adults.

  b. All functions, powers and duties now vested in the Office of the Public Guardian for Elderly Adults pursuant to P.L.1985, c.298 (C.52:27G-20 et seq.) are hereby transferred to and assumed by the Office of the Public Guardian for Elderly Adults in the Department of the Public Advocate.

  c. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Guardian for Elderly Adults in the Executive Branch of the State Government, the same shall mean and refer to the Office of the Public Guardian for Elderly Adults in the Department of the Public Advocate.

 

  47. (New section) Actions; name of party.

  Any action brought by the Public Advocate or any persons authorized herein to institute or participate in actions before the courts or agencies of this State shall be brought in the name of the person serving as the Public Advocate or in the name of an affected individual or group, but shall not be brought in the name of the State or the people thereof.

 

  48. (New section) Suits or causes of action against legislature or officers thereof.

  The provisions of this act in and of themselves shall not be construed so as to create any new causes of action, or to authorize any suit against the Legislature or either House or the officers thereof.

 

  49. (New section) Applicability of "State Agency Transfer Act."

  This act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.)

 

  50. (New section) Supersedure and repeal of inconsistent acts.

  All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and repealed.

 

  51. (New section) Assertion of claim against spill compensation fund for class by Public Advocate.

  The Department of the Public Advocate may act to assert such claims as are alleged against the Spill Compensation Fund established pursuant to the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11a et seq.).

 

  52. Section 7 of P.L.1967, c.43 (C.2A:158A-7) is amended to read as follows:

  7. The Public Defender shall:

  (a) Appoint such investigators, stenographic and clerical assistants and other personnel as may be required for the conduct of the office, subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, and other applicable statutes;

  (b) Establish and maintain suitable headquarters for the office and such regional quarters within the State as the Public Defender shall deem necessary for the proper functioning of the office;

  (c) Maintain one or more trial pools of lawyers who shall be available to serve as counsel on a case basis as needed;

  (d) Engage counsel from said trial pools on a case basis as may be necessary for the proper performance of the duties of the office and compensate them for their services;

  (e) Accept the services of volunteer workers or consultants at no compensation or at nominal or token compensation and reimburse them for their proper and necessary expenses;

  (f) (Deleted by amendment, P.L.1972, c.168);

  (g) Keep and maintain proper financial records and records in respect to particular cases handled and develop records for use in the calculation of direct and indirect costs of all or any aspect of the operation of the office;

  (h) On the basis of available data or estimates to prepare schedules of rates from time to time of amounts to be paid for services rendered other than by the staff, taking into account the nature of the services, the time involved, trouble and risk, the skill and experience required, and other pertinent factors;

  (i) Have a general responsibility for the operation of the office;

  (j) Formulate and adopt rules and regulations as are necessary to effectuate the purposes of this act and for the efficient conduct of the work and general administration of the office, its professional staff and other employees;

  (k) Be the request officer of the office within the meaning of such term as defined in P.L.1944, c. 112;

  (l) Have the authority to make all necessary arrangements to coordinate services to the office with any federal program to provide counsel to the indigent, and to arrange for the receipt by the office, wherever possible, of sums allowable under such federal program, whether by direct allowance, by assignment or transfer, or otherwise;   (m) Have the authority to solicit, apply for and expend grants, donations, or other funds available from the federal government or private foundations as may be available to support the programs of the office[; and].

  (n) [Assume responsibility for representation in litigation formerly handled by the Office of Inmate Advocacy in the Department of the Public Advocate that is pending on the effective date of P.L.1994, c.58 (C.52:27E-50 et al.). ] (Deleted by amendment, P.L. , c. (C. ) (now pending before the Legislature as this bill.)

(cf: P.L.1994,c.58,s.9)

 

  53. Section 17 of P.L.1979, c.496 (C.30:1A-2) is amended to read as follows:

  17. Every executive department or agency of this State charged with administering any licensing, inspection, enforcement, referral or placement program for residential health care facilities, rooming houses or boarding houses shall cooperate fully, and coordinate its programs to the greatest extent possible, with any other department or agency so charged.

  In order to facilitate such cooperation and coordination, the Commissioner of the Department of Human Services shall convene quarterly meetings of a policy coordinating committee, which shall consist of said commissioner, the Commissioners of the Departments of Community Affairs and Health and the Ombudsman for the Institutionalized Elderly or their designated representatives, and to which the Public [Defender] Advocate, and representatives of such other State and local agencies as may be designated by said commissioner, shall be invited to attend.

  At meetings of the policy coordinating committee, and on a continuous basis:

  a. The Commissioner of Human Services shall, at a minimum: (1) Provide the Commissioners of Community Affairs and Health with such information consistent with federal law and regulations, concerning the disbursement of Supplemental Security Income checks, under P.L.1973, c.256 (C.44:7-85 et seq.), as may be necessary to implement their duties under the provisions of this act and prevent fraud and improper payment, and work with the federal government to ensure close supervision of the disbursement of such checks; (2) Refer complaints concerning services and conditions at residential health care facilities, rooming houses and boarding houses to said commissioners, as appropriate; and (3) Render services to residents of such facilities through its several divisions and by means of its responsibilities delegated to county welfare boards;

  b. The Commissioner of Community Affairs shall, at a minimum, solicit recommendations from the Commissioners of Human Services and Health on the preparation of standards for rooming and boarding houses, and when such recommendations are not adopted, inform said commissioners of the reasons therefor, notify said commissioners concerning any waiver, modification or postponement granted under the provisions of section 5 of this act, and inform said commissioners as quickly as possible of any such facilities that have relinquished their licenses or had their licenses revoked, and of any serious violations of standards for such facilities;

  c. The Commissioner of Health shall, at a minimum, solicit recommendations from the Commissioners of Human Services and Community Affairs on the preparation of standards for residential health care facilities, and when such recommendations are not adopted, inform the commissioners of the reasons therefor, inform the commissioners as quickly as possible of any such facilities that have relinquished their licenses or had their licenses revoked, and of any serious violations of standards for such facilities; and

  d. The Ombudsman for the Institutionalized Elderly shall, at a minimum, refer all complaints received concerning services and conditions at residential health care facilities, rooming and boarding houses to the Commissioners of Human Services, Community Affairs and Health.

(cf: P.L.1994,c.58,s.46)

 

  54. Section 1 of P.L.1986, c.205 (C.30:1A-4) is amended to read as follows:

  1. a. There is established in, but not of, the Department of Human Services the New Jersey Boarding Home Advisory Council. The council shall consist of 14 members, to be appointed by the Commissioner of Human Services in consultation with the Commissioners of Community Affairs and Health, the Public [Defender] Advocate, the Public Guardian for Elderly Adults in the Department of the Public Advocate and the Ombudsman for the Institutionalized Elderly in the Department of the Public Advocate, as follows: two persons who own or operate a boarding house as defined in P.L.1979, c.496 (C.55:13B-1 et al.); two persons who own or operate a residential health care facility as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); two persons who currently reside in a boarding house or a residential health care facility; one person who is a member of the organization which represents operators of boarding houses or residential health care facilities, or both; one person who represents the health care professions; one person who represents a county office on aging; one person who represents a municipal building code department; one person who represents an organization or agency which advocates for mentally ill persons in this State; one person who represents an organization or agency which advocates for physically disabled persons in this State; and two other members who shall be chosen from among persons whose work, knowledge or interest relates to boarding houses or residential health care facilities and the residents thereof, including but not limited to municipal and county elected officials, county prosecutors, social workers, and persons knowledgeable about fire prevention standards and measures needed to assure safety from structural, mechanical, plumbing and electrical deficiencies in boarding houses and residential health care facilities. In addition, the Chairman of the General Assembly Standing Reference Committee on Health and Human Resources and the Chairman of the Senate Standing Reference Committee on Institutions, Health and Welfare or their designees shall serve as ex officio members of the council.

  b. The terms of office of each appointed member shall be three years, but of the members first appointed, two shall be appointed for terms of one year, five for terms of two years, and seven for terms of three years. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the council shall not receive any compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties as members of the council. (cf: P.L.1994,c.58,s.47)

 

  55. Section 4 of P.L.1979, c.105 (C.30:1AA-4) is amended to read as follows:

  4. The public members shall be representative of the diverse social, economic and geographical interests in the State, and shall include at least 15 persons who are consumers or representatives of consumers of services for persons with developmental disabilities. [One public member shall be a representative of the private entity designated by the Governor as the State's protection and advocacy agency for persons with developmental disabilities pursuant to section 33 of P.L.1994, c.58 (C.52:27E-74)]. The State members shall be official representatives of State agencies responsible for the following programs: Special Education; Residential Services for Mentally Retarded Persons; Health Services for Crippled Children and for Maternal and Child Health; Comprehensive Health Planning; Medical Assistance; Higher Education; Community Affairs, Youth and Family Services; Public Welfare; Mental Health Services; Vocational Rehabilitation Services; and the Public [Defender] Advocate.

(cf: P.L.1994,c.58,s.48)

 

  56. Section 6 of P.L.1987, c.5 (C.30:1AA-15) is amended to read as follows:

  6. a. The Governor's Council on the Prevention of Mental Retardation, originally created by Executive Order No. 72 (signed May 24, 1984), shall serve as an advisory council to the Commissioner of the Department of Human Services and to the Office for Prevention of Mental Retardation and Developmental Disabilities.

  The State Departments of Human Services, Education, Health and Environmental Protection are authorized and directed, to the extent consistent with the law, to cooperate with the Governor's Council on the Prevention of Mental Retardation and to furnish it with resources necessary to carry out its purposes under this act.

  b. The Governor's Council on the Prevention of Mental Retardation shall establish from its members the Executive Committee of the Governor's Council on the Prevention of Mental Retardation. This committee shall have full power to act in lieu of the full council.

  The executive committee shall consist of 11 members, all of whom are members of the Governor's council. The Commissioners of the Departments of Health, Human Services, Education and Environmental Protection shall serve as ex officio members. [An advocate for the mentally retarded and developmentally disabled] The Public Advocate and the Chairperson of the Governor's council shall serve as nonvoting, ex officio members of the executive committee. The Governor's council shall elect from its membership the remaining five members of the executive committee. These persons, as members of the Governor's council, shall be selected for their knowledge, competence, experience or interest in connection with the prevention of mental retardation and developmental disabilities. Members of the executive committee may, from time to time, designate other individuals as their representatives.

  The executive committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. The Governor's council shall elect an executive committee chairperson from among the four voting cabinet members of the executive committee. The executive committee may select from among its members a vice-chairperson and other officers or subcommittees which are deemed necessary or appropriate.

(cf: P.L.1994,c.58,s.26)

 

  57. Section 6 of P.L.1990, c.50 (C.30:4-165.13a) is amended to read as follows:

  6. The Commissioner of Human Services, in consultation with the Public [Defender] Advocate, shall report to the Governor and the Legislature annually on: the number of cases reviewed by the commissioner pursuant to section 8 of P.L.1985, c.133 (C.30:4-165.13); the disposition of these cases, including the number of cases referred to the Attorney General; the number of cases remaining to be reviewed; the number of cases in which the Public [Defender] Advocate was appointed to serve as counsel; and the disposition of these cases. The commissioner shall include in the report any recommendations for administrative or legislative action that he deems necessary in order to ensure that all cases are reviewed as required pursuant to section 8 of P.L.1985, c.133 (C.30:4-165.13).

(cf: P.L.1994,c.58,s.35)

 

  58. Section 9 of P.L.1985, c.133 (C.30:4-165.14) is amended to read as follows:

  9. The court shall appoint the Public [Defender] Advocate to serve as counsel for persons who do not have an attorney and over whom guardianship is sought pursuant to P.L.1985, c.133 (C.30:4-165.4 et al.) if the petition seeks only guardianship of the person, to the extent that funds are available for this purpose. If the Public [Defender] Advocate is unable to perform this service, the court shall appoint an attorney licensed by the State of New Jersey and in good standing. No attorney's fee is payable for the rendering of this service by the private attorney.

(cf: P.L.1994,c.58,s.36)

 

  59. Section 10 of P.L.1985, c.133 (C.30:4-165.15) is amended to read as follows:

  10. a. Whenever the commissioner believes that guardianship is no longer required or that another person should be appointed to serve as guardian, he shall apply to the Superior Court for an order modifying or terminating the letters of guardianship. Where someone other than the commissioner is serving as guardian, notice shall be provided to that person.

  b. At least once every three years, the commissioner shall review the case of each person who receives functional or other services and who has a guardian.

  c. The Public [Defender] Advocate, the incompetent person, or someone acting in his behalf may institute a similar action for judicial review at any time.

  d. In cases where the commissioner serves as guardian, the Public [Defender] Advocate shall be given notice of any actions taken pursuant to subsection a. or b. of this section. The Public [Defender] Advocate shall be given an opportunity to meet the person subject to review and inspect the commissioner's records.

(cf: P.L.1994,c.58,s.49)

 

  60. Section 3 of P.L.1976, c.120 (C.30:13-3) is amended to read as follows:

  3. Every nursing home shall have the responsibility for:

  a. Maintaining a complete record of all funds, personal property and possessions of a nursing home resident from any source whatsoever, which have been deposited for safekeeping with the nursing home for use by the resident. This record shall contain a listing of all deposits and withdrawals transacted, and these shall be substantiated by receipts given to the resident or his guardian. A nursing home shall provide to each resident or his guardian a quarterly statement which shall account for all of such resident's property on deposit at the beginning of the accounting period, all deposits and withdrawals transacted during the period, and the property on deposit at the end of the period. The resident or his guardian shall be allowed daily access to his property on deposit during specific periods established by the nursing home for such transactions at a reasonable hour. A nursing home may, at its own discretion, place a limitation as to dollar value and size of any personal property accepted for safekeeping.

  b. Providing for the spiritual needs and wants of residents by notifying, at a resident's request, a clergyman of the resident's choice and allowing unlimited visits by such clergyman. Arrangements shall be made, at the resident's expense, for attendance at religious services of his choice when requested. No religious beliefs or practices, or any attendance at religious services, shall be imposed upon any resident.   c. Admitting only that number of residents for which it reasonably believes it can safely and adequately provide nursing care. Any applicant for admission to a nursing home who is denied such admission shall be given the reason for such denial in writing.

  d. Ensuring that discrimination based upon age, race, religion, sex or nationality with respect to participation in recreational activities, meals or other social functions is prohibited. However, the participation of a resident in recreational activities, meals or other social functions may be restricted or prohibited if recommended by a resident's attending physician in writing and consented to by the resident.

  e. Ensuring that no resident shall be subjected to physical restraints except upon written orders of an attending physician for a specific period of time when necessary to protect such resident from injury to himself or others. Restraints shall not be employed for purposes of punishment or the convenience of any nursing home staff personnel. The confinement of a resident in a locked room shall be prohibited.

  f. Ensuring that drugs and other medications shall not be employed for purposes of punishment, for convenience of any nursing home staff personnel or in such quantities so as to interfere with a resident's rehabilitation or his normal living activities.

  g. Permitting citizens, with the consent of the resident being visited, legal services programs, employees of the [Office of the Public Defender, employees of the private entity designated by the Governor as the State's mental health protection and advocacy agency pursuant to section 22 of P.L.1994, c.58 (C.52:27E-68)] Department of the Public Advocate, and employees and volunteers of the Office of the Nursing Home Ombudsman Program in the Department of Community Affairs, whose purposes include rendering assistance without charge to nursing home residents, full and free access to the nursing home in order to visit with and make personal, social and legal services available to all residents and to assist and advise residents in the assertion of their rights with respect to the nursing home, involved governmental agencies and the judicial system.

  (1) Such access shall be permitted by the nursing home at a reasonable hour.

  (2) Such access shall not substantially disrupt the provision of nursing and other care to residents in the nursing home.

  (3) All persons entering a nursing home pursuant to this section shall promptly notify the person in charge of their presence. They shall, upon request, produce identification to substantiate their identity. No such person shall enter the immediate living area of any resident without first identifying himself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident shall have the right to terminate a visit by a person having access to his living area pursuant to this section at any time. Any communication whatsoever between a resident and such person shall be confidential in nature, unless the resident authorizes the release of such communication in writing.

  h. Ensuring compliance with all applicable State and Federal statutes and rules and regulations.

  i. Ensuring that every resident, prior to or at the time of admission and during his stay, shall receive a written statement of the services provided by the nursing home, including those required to be offered by the nursing home on an as-needed basis, and of related charges, including any charges for services not covered under Title XVIII and Title XIX of the Social Security Act, as amended, or not covered by the nursing home's basic per diem rate. This statement shall further


include the payment, fee, deposit and refund policy of the nursing home.

(cf: P.L.194,c.58,s.50)

 

  61. Section 4 of P.L.1992. c.111 (C.30:4C-69) is amended to read as follows:

  4. The Commissioner of Human Services shall develop an interdepartmental plan for the implementation of an individualized, appropriate child and family driven care system for children with special emotional needs and for the reduction of inappropriate use of out-of-home placements of these children. The plan shall first address children ready to be returned from institutions such as the Arthur Brisbane Child Treatment Center and other in-State and out-of-State residential facilities, and those at imminent risk of extended out-of-home placement. The commissioner shall consult with appropriate representatives from the State departments of Education, Corrections, Health, Community Affairs and the [Office of the Public Defender, the private entity designated by the Governor as the State's mental health protection and advocacy agency pursuant to section 22 of P.L.1994, c.58 (C.52:27E-68)] Public Advocate, the Statewide Children's Coordinating Council in the Department of Human Services, the Administrative Office of the Courts, and Statewide family advocacy groups, in the development of the plan.

(cf: P.L.1994,c.58,s.51)

 

  62. Section 1 of P.L.1974, c.119 (C.9:6-8.21) is amended to read as follows:

  1. As used in this act, unless the specific context indicates otherwise:

  a. "Parent or guardian" means any natural parent, adoptive parent, foster parent, stepparent, or any person, who has assumed responsibility for the care, custody or control of a child or upon whom there is a legal duty for such care. Parent or guardian includes a teacher, employee or volunteer, whether compensated or uncompensated, of an institution who is responsible for the child's welfare and any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).

  b. "Child" means any child alleged to have been abused or neglected.

  c. "Abused or neglected child" means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; (7) or a child who is in an institution and (a) has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child's mental or physical well-being or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.

  A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section.

  No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.

  d. "Law guardian" means an attorney admitted to the practice of law in this State, regularly employed by the [Office of the Public Defender] Department of the Public Advocate or appointed by the court, and designated under this act to represent minors in alleged cases of child abuse or neglect. The Public Advocate may, by regulation, provide that certain classes of cases be handled by the Office of the Public Defender.

  e. "Attorney" means an attorney admitted to the practice of law in this State who shall be privately retained; or, in the instance of an indigent parent or guardian, an attorney from the [Office of the Public Defender] Department of the Public Advocate or an attorney appointed by the court who shall be appointed in order to avoid conflict between the interests of the child and the parent or guardian in regard to representation. The Public Advocate may, by regulation, provide that certain classes of cases be handled by the Office of the Public Defender.

  f. "Division" means the Division of Youth and Family Services in the Department of Human Services unless otherwise specified.

  g. "Institution" means a public or private facility in the State which provides children with out of home care, supervision or maintenance. Institution includes, but is not limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter and hospital.

  h. "Day school" means a public or private school which provides general or special educational services to day students in grades kindergarten through 12. Day school does not include a residential facility, whether public or private, which provides care on a 24-hour basis.

(cf: P.L.1994,c.58,s.39)

 

  63. Section 23 of P.L.1974, c.119 (C.9:6-8.43) is amended to read as follows:

  23. Notice of rights. a. The court shall advise the parent or guardian of his right to have an adjournment to retain counsel and consult with him. The court shall advise the respondent that if he is indigent, he may apply for an attorney through the [Office of the Public Defender] Department of the Public Advocate. The court shall appoint a law guardian for the child as provided by this act.

  b. The general public may be excluded from any hearing under this act, and only such persons and the representatives of authorized agencies may be admitted thereto as have an interest in the case.

(cf: P.L.1994,c.58,s.40)

 

  64. Section 14 of P.L.1944, c.27 (C.17:29A-14) is amended to read as follows:

  14. a. With regard to all property and casualty lines, a filer may, from time to time, alter, supplement, or amend its rates, rating systems, or any part thereof, by filing with the commissioner copies of such alterations, supplements, or amendments, together with a statement of the reason or reasons for such alteration, supplement, or amendment, in a manner and with such information as may be required by the commissioner. If such alteration, supplement, or amendment shall have the effect of increasing or decreasing rates, the commissioner shall determine whether the rates as altered thereby are reasonable, adequate, and not unfairly discriminatory. If the commissioner shall determine that the rates as so altered are not unreasonably high, or inadequate, or unfairly discriminatory, he shall make an order approving them. If he shall find that the rates as altered are unreasonable, inadequate, or unfairly discriminatory, he shall issue an order disapproving such alteration, supplement or amendment.

  b. (Deleted by amendment, P.L.1984, c.1.)

  c. If an insurer or rating organization files a proposed alteration, supplement or amendment to its rating system, or any part thereof, which would result in a change in rates, the commissioner may, or upon the request of the filer or the [appropriate division or office in the Department of Insurance] Public Advocate shall, certify the matter for a hearing. The hearing shall, at the commissioner's discretion, be conducted by himself, by a person appointed by the commissioner pursuant to section 26 of P.L.1944, c.27 (C.17:29A-26), or by the Office of Administrative Law, created by P.L.1978, c.67 (C.52:14F-1 et seq.), as a contested case. The following requirements shall apply to the hearing:

  (1) The hearing shall commence within 30 days of the date of the request or decision that a hearing is to be held. The hearing shall be held on consecutive working days, except that the commissioner may, for good cause, waive the consecutive working day requirement. If the hearing is conducted by an administrative law judge, the administrative law judge shall submit his findings and recommendations to the commissioner within 30 days of the close of the hearing. The commissioner may, for good cause, extend the time within which the administrative law judge shall submit his findings and recommendations by not more than 30 days. A decision shall be rendered by the commissioner not later than 60 days, or, if he has granted a 30 day extension, not later than 90 days, from the close of the hearing. A filing shall be deemed to be approved unless rejected or modified by the commissioner within the time period provided herein.

  (2) The commissioner, or the Director of the Office of Administrative Law, as appropriate, shall notify all interested parties, including the [appropriate division or office in the Department of Insurance] Public Advocate on behalf of insurance consumers, of the date set for commencement of the hearing, on the date of the filing of the request for a hearing, or within 10 days of the decision that a hearing is to be held.

  (3) The insurer or rating organization making a filing on which a hearing is held shall bear the costs of the hearing.

  (4) The commissioner may promulgate rules and regulations (a) to establish standards for the submission of proposed filings, amendments, additions, deletions and alterations to the rating system of filers, which may include forms to be submitted by each filer; and (b) making such other provisions as he deems necessary for effective implementation of this act.

  d. (Deleted by amendment, P.L.1984, c.1.)

  e. In order to meet, as closely as possible, the deadlines in section 17 of P.L.1983, c.362 (C.39:6A-23) for provision of notice of available optional automobile insurance coverages pursuant to section 13 of P.L.1983, c.362 (C.39:6A-4.3) and section 8 of P.L.1972, c.70 (C.39:6A-8), and to implement these coverages, the commissioner may require the use of rates, fixed by him in advance of any hearing, for deductible, exclusion, setoff and tort limitation options, on an interim basis, subject to a hearing and to a provision for subsequent adjustment of the rates, by means of a debit, credit or refund retroactive to the effective date of the interim rates. The public hearing on initial rates applicable to the coverages available under section 13 of P.L.1983, c.362 (C.39:6A-4.3) and section 8 of P.L.1972, c.70 (C.39:6A-8) shall not be limited by the provisions of subsection c. of this section governing changes in previously approved rates or rating systems.

(cf: P.L.1994, c.58, s.43)

 

  65. Section 5 of P.L.1988, c.156 (C.17:29A-44) is amended to read as follows:

  5. a. A filer may charge rates for private passenger automobile insurance in the voluntary or residual market which are not in excess of the following:

  (1) For private passenger automobile personal injury protection coverage, residual bodily injury and property damage insurance, the maximum permissible annual rate increase applicable to each rate level utilized by an insurer in the voluntary market pursuant to section 6 of P.L.1988, c.156 (C.17:29A-45) or by any plan established pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1) to provide insurance for automobiles, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), shall be a Statewide average rate change of not more than the last published increase in the medical care services components of the national Consumer Price Index, all urban consumers, U.S. city average, plus three percentage points.

  (2) For private passenger automobile physical damage coverage, the maximum permissible annual rate increase applicable to each rate level utilized by an insurer in the voluntary market pursuant to section 6 of P.L.1988, c.156 (C.17:29A-45) or by any plan established pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1) to provide insurance for automobiles, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), shall be a Statewide average rate change of not more than the last published increase in the automobile maintenance and repair components of the national Consumer Price Index, U.S. city average, plus three percentage points.

  b. For the purposes of this section, "Statewide average rate change" means the total Statewide premium for all coverages combined at the rates in effect at the time of the filing for each rate level.

  c. Any change in excess of the rate changes permitted by paragraphs (1) and (2) of subsection a. shall be subject to the provisions of P.L.1944, c.27 (C.17:29A-1 et seq.).

  d. If, at any time, the commissioner believes that an increase in either or both of the published indices will produce rate levels which are excessive, he may modify the Statewide average rate change which may be used pursuant to this section.

  e. A filer may implement a change in rate level, pursuant to subsection a. of this section, in whole or in part, in a single or in multiple filings by making an informational filing with the commissioner in a manner and form approved by the commissioner. The filing shall include a statement of the reason or reasons for the change in rate level, including, but not limited to, the claim and expense experience of the individual filer.

  f. Other than filings made pursuant to subsection c. of this section, the provisions of subsection c. of section 14 of P.L.1944, c.27 (C.17:29A-14) shall not apply to any filing made pursuant to this section. However, the commissioner shall provide a copy of any filing made or other information provided by a filer pursuant to the provisions of this section to the [appropriate division or office in the Department of Insurance] Department of the Public Advocate, Division of Rate Counsel. The [appropriate division or office in the Department of Insurance] Public Advocate may challenge a rate change implemented pursuant to subsection a. of this section after the effective date of the rate change by filing such challenge in writing with the commissioner within 30 days of the effective date of the rate change. The commissioner shall hear the matter on an expedited basis and shall render a final determination within six months of the date of filing. The commissioner may, for good cause, extend this six-month period up to an additional three months. If [that division or office in the Department of Insurance] the Public Advocate prevails, the commissioner shall reduce or rescind the rate change as appropriate. If the commissioner reduces or rescinds a rate change as a result of a challenge by the [appropriate division or office in the Department of Insurance] Public Advocate filed pursuant to the provisions of this subsection, the filer shall bear the cost of the reasonable expenses incurred by [that division or office in the Department of Insurance] the Public Advocate in maintaining the challenge.

  g. (Deleted by amendment, P.L.1995, c.151.)

(cf: P.L.1995,c.151,s.2)

 

  66. Section 8 of P.L.1992, c.161 (C.17B:27A-9) is amended to read as follows:

  8. a. The board shall make application to the Hospital Rate Setting Commission on behalf of all carriers for approval of discounted or reduced rates of payment to hospitals for health care services provided under an individual health benefits plan provided pursuant to this act.   b. In addition to discounted or reduced rates of hospital payment, the board shall make application on behalf of all carriers for any other subsidies, discounts, or funds that may be provided for under State or federal law or regulation. A carrier may include discounted or reduced rates of hospital payment and other subsidies or funds granted to the board to reduce its premium rates for individual health benefits plans subject to this act.

  c. A carrier shall not issue individual health benefits plans on a new contract or policy form pursuant to this act until an informational filing of a full schedule of rates which applies to the contract or policy form has been filed with the board. The board shall forward the informational filing to the commissioner and the [Attorney General] Public Advocate.

  d. A carrier shall make an informational filing with the board of any change in its rates for individual health benefits plans pursuant to section 3 of this act prior to the date the rates become effective. The board shall file the informational filing with the commissioner and the [Attorney General] Public Advocate. If the carrier has filed all information required by the board, the filing shall be deemed to be complete.

  e. (1) Rates shall be formulated on contracts or policies required pursuant to section 3 of this act so that the anticipated minimum loss ratio for a contract or policy form shall not be less than 75% of the premium. The carrier shall submit with its rate filing supporting data, as determined by the board, and a certification by a member of the American Academy of Actuaries, or other individuals acceptable to the board and to the commissioner, that the carrier is in compliance with the provisions of this subsection.

  (2) Following the close of each calendar year, if the board determines that a carrier's loss ratio was less than 75% for that calendar year, the carrier shall be required to refund to policy or contract holders the difference between the amount of net earned premium it received that year and the amount that would have been necessary to achieve the 75% loss ratio.

  f. Notwithstanding the provisions of P.L.1992, c.161 (C.17B:27A-2 et seq.) to the contrary, the schedule of rates filed pursuant to this section by a carrier which insured at least 50% of the community-rated individually insured persons on the effective date of P.L.1992, c.161 (C.17B:27A-2 et seq.) shall not be required to produce a loss ratio which when combined with the carrier's administrative costs and investment income results in self-sustaining rates prior to January 1, 1996, for individual policies or contracts issued prior to August 1, 1993. The carrier shall, not later than 30 days after the effective date of P.L.1994, c.102 (C.17B:27A-4 et al.), file with the board for approval, a plan to achieve this objective.

(cf: P.L.1994,c.102,s.2)

 

  67. Section 2 of P.L.1985, c.363 (C.52:9Y-2) is amended to read as follows:

  2. There is created a permanent commission to be known as the "New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care." The commission shall consist of [28] 27 members to be appointed as follows: the Commissioner of the Department of Community Affairs, the Commissioner of the Department of Health, the Commissioner of the Department of Human Services, the Public [Defender] Advocate, the Ombudsman for the Institutionalized Elderly or their designees; [a representative of the private entity designated by the Governor as the State's mental health protection and advocacy agency pursuant to section 22 of P.L.1994, c.58 (C.52:27E-68)], two members of the Senate, to be appointed by the President of the Senate, not more than one of whom shall be of the same political party; two members of the General Assembly, to be appointed by the Speaker of the General Assembly, not more than one of whom shall be of the same political party; nine public members, two to be appointed by the President of the Senate, two to be appointed by the Speaker of the General Assembly and five to be appointed by the Governor, who are distinguished in one or more of the fields of medicine, health care and health administration, law, ethics, theology, the natural sciences, the social sciences, the humanities, and public affairs.

  In addition to the nine public members described above, there shall be on the commission five other public members who shall not be from health-related disciplines nor from the immediate families of persons in health-related disciplines. Of these five members, three shall be appointed by the Governor, one by the President of the Senate, and one by the Speaker of the General Assembly. In appointing these members an effort shall be made to insure that diverse viewpoints are represented on the commission.

  Also on the commission shall be a representative of the New Jersey Hospital Association, a representative of the New Jersey State Nurses' Association, a representative of the New Jersey Association of Health Care Facilities and a representative of the New Jersey Association of Nonprofit Homes for the Aging, Inc. These representatives shall be selected by their organizations.

  Members of the commission shall serve for three-year terms or until a successor is appointed. However, the term of every member initially appointed shall expire on December 31, 1988.

  Vacancies in the membership of the commission shall be filled in the same manner as original appointments were made, and the term of any person reappointed or appointed to fill a vacancy shall only run for the balance of the three-year term that had commenced when the reappointment was made or the vacancy occurred. Members shall serve without compensation but shall be reimbursed for the reasonable travel and other out-of-pocket expenses incurred in the performance of their duties.

(cf: P.L.1994,c.58,s.52)

 

  68. Section 1 of P.L.1974, c.55 (C.52:14-15.107) is amended to read as follows:

  1. Notwithstanding the provisions of the annual appropriations act and section 7 of P.L.1974, c.55 (C.52:14-15.110), the Governor shall fix and establish the annual salaries for the following officers within the limits as follows:

  Title   Salary Not to

                                                               Exceed

  Agriculture Department

  Secretary of Agriculture ..................... $115,000

  Banking Department

  Commissioner of Banking ...................... $115,000

  Commerce, Energy and Economic Development Department

  Commissioner of Commerce, Energy and

  Economic Development ......................... $115,000

  Community Affairs Department

  Commissioner of Community Affairs ............ $115,000

  Corrections Department

  Commissioner of Corrections .................. $115,000

  Education Department

  Commissioner of Education .................... $115,000

  Environmental Protection Department

  Commissioner of Environmental Protection ..... $115,000

  Health Department

  Commissioner of Health ....................... $115,000

  Higher Education Department

  Chancellor ................................... $115,000

  Human Services Department

  Commissioner of Human Services ............... $115,000

  Insurance Department

  Commissioner of Insurance .................... $115,000

  Labor Department

  Commissioner of Labor ........................ $115,000

  Law and Public Safety Department

  Attorney General ............................. $115,000

  Military and Veterans' Affairs Department

  Adjutant General ............................. $115,000

  Personnel Department

  Commissioner of Personnel .................... $115,000

  Public Advocate Department

  Public Advocate...........................................$115,000

   State Department

  Secretary of State ........................... $115,000

  Transportation Department

  Commissioner of Transportation ............... $115,000

  Treasury Department

  State Treasurer .............................. $115,000

  Members, Board of Public Utilities ............. $115,000

  (cf: P.L.1994,c.58,s.53)

 

  69. Section 2 of P.L.1989, c.330 (C.52:27D-29.31) is amended to read as follows:

  2. There is established in the Division on Aging in the Department of Community Affairs an Interdepartmental Task Force on the Elderly for the purpose of fostering communication among the various departments whose programs and policies affect senior citizens. The task force shall consist of 14 representatives of the following governmental entities: the Division on Aging and the Division on Women in the Department of Community Affairs; the Departments of Education, Health, Higher Education, Human Services, Insurance, Labor, Public Advocate, Transportation and Treasury[; the Office of the Public Defender]; the Office of the Public Guardian; the Office of the Ombudsman for the Institutionalized Elderly; and the New Jersey Housing and Mortgage Finance Agency.

  A chairman of the task force shall be elected from among the members. The task force shall meet at least monthly to conduct its work and at such other times as designated by the chairman.

(cf: P.L.1994,c.58,s.54)

 

  70. Section 1 of P.L.1991, J.R.2 (C.52:9DD-1) is amended to read as follows:

  1. There is created a 21-member Commission on Racism, Racial Violence and Religious Violence to be appointed as follows: two shall be members of the Senate appointed by the President thereof, who shall not be of the same political party; two shall be members of the General Assembly appointed by the Speaker thereof, who shall not be of the same political party; the Attorney General or his designee; the Public [Defender] Advocate or his designee; and 15 public members to be appointed by the Governor. The public members shall be representative of the ethnic, racial and religious diversity of the State's population and shall include representatives from the following groups: the National Association for the Advancement of Colored People, the Puerto Rican Congress, the Anti-Defamation League of [B'Nai B'Rith] B'nai B'rith, the New Jersey Black Issues Convention, the New Jersey Chapter of the National Rainbow Coalition, and the American Civil Liberties Union.

(cf: P.L.1994,c.58,s.55)

 

  71. Section 12 of P.L.1980, c.125 (C.56:12-12) is amended to read as follows:

  12. The Office of the Attorney General, the Division of Consumer Affairs, the Department of the Public Advocate, the Commissioner of Insurance, in regard to contracts of insurance provided for in subsection c. of section 1 of this act (C.56:12-1), or any interested person may seek injunctive relief. The court may authorize reasonable attorney's fees, not to exceed $2,500.00, and court costs in such a proceeding.

  (cf: P.L.1994,c.58,s.56)

 

  72. Section 1 of P.L.1981, c.347 (C.58:11-59) is amended to read as follows:

  1. Whenever any small water company is found, after notice and public hearing, to have failed to comply, within a specified time, with any order of the Department of Environmental Protection concerning the availability of water, the potability of water and the provision of water at adequate volume and pressure, which the department is authorized to enforce pursuant to Title 58 of the Revised Statutes, the department and the Board of Public Utilities shall, after notice to capable proximate public or private water companies, municipal utilities authorities established pursuant to P.L.1957, c.183 (C.40:14B-1 et seq.), municipalities or any other suitable governmental entities wherein the small water company provides service, and the Department of the Public Advocate, conduct a joint public hearing to determine: the actions that may be taken and the expenditures that may be required, including acquisition costs, to make all improvements necessary to assure the availability of water, the potability of water and the provision thereof at adequate volume and pressure, including, but not necessarily limited to, the acquisition of the small water company by the most suitable public or private entity. As used in this act, "small water company" means any company, purveyor or entity, other than a governmental agency, that provides water for human consumption and which regularly serves less than 1,000 customer connections.

(cf: P.L.1994, c.58, s.57)

 

  73. Section 5 of P.L.1985, c.37 (C.58:26-5) is amended to read as follows:

  5. A contracting unit which intends to enter into a contract with a private vendor for the provision of water supply services pursuant to the provisions of this act shall notify, at least 60 days prior to issuing a request for qualifications from interested vendors pursuant to section 6 of this act, the division, the department [and], the Board of Public Utilities and the Department of the Public Advocate of its intention, and shall publish notice of its intention in at least one newspaper of general circulation in the jurisdiction which would be served under the terms of the proposed contract.

(cf: P.L.1994,c.58,s.58)

 

  74. Section 11 of P.L.1985, c.37 (C.58:26-11) is amended to read as follows:

  11. Upon designating the selected vendor or vendors pursuant to section 10 of this act, a contracting unit shall negotiate with the selected vendor or vendors a proposed contract, which shall include the accepted proposal and the provisions required pursuant to section 15 of this act. Upon negotiating a proposed contract, the contracting unit shall make the proposed contract available to the public at its main offices, and shall transmit a copy of the proposed contract to the division, the department [and], the Board of Public Utilities and the Department of the Public Advocate.

(cf: P.L.1994,c.58,s.59)

 

  75. Section12 of P.L.1985, c.37 (C.58:26-12) is amended to read as follows:

  12. a. A contracting unit shall conduct a public hearing or hearings on the charges, rates, or fees, or the formula for determining these charges, rates, or fees, and the other provisions contained in a proposed contract negotiated pursuant to section 11 of this act. The contracting unit shall provide at least 90 days' public notice of this public hearing to the Department of the Public Advocate, prospective consumers and other interested parties. This notice shall be published in at least one newspaper of general circulation in the jurisdiction to be served under the terms of the proposed contract. Within 45 days after giving notice of the public hearing, the contracting unit shall hold a meeting with prospective consumers and other interested parties to explain the terms and conditions of the proposed contract, and to receive written questions which will be part of the record of the public hearing. At the public hearing, the selected vendor or vendors shall be present, and the contracting unit shall have the burden to answer the questions received at the meeting, and to show that the proposed contract complies with the provisions of section 15 of this act, and that it constitutes the best means of securing the required water supply services among available alternatives. The contracting unit shall provide that a verbatim record be kept of the public hearing, and that a written transcript of this record be printed and made available to the public within 30 days of the close of the public hearing. After the public hearing the contracting unit and the vendor may agree to make changes to the proposed contract, and shall transmit the proposed contract, a copy of the printed transcript of the public hearing, and a statement summarizing the major issues raised at the public hearing and the response of the contracting unit to these issues, to the division, the department, the Board of Public Utilities, and the Department of the Public Advocate, and to all persons who attended the public hearing.

   b. If the Division of Rate Counsel in the Department of the Public Advocate represents the public interest at a public hearing or hearings conducted pursuant to this section, the Division of Rate Counsel shall be entitled to assess the vendor for costs incurred in this representation in the manner provided in section 20 of P.L.1974, c.27 (C.52:27E-19). The basis of the assessment shall be the prospective first year's revenue realized by the vendor from the provision of the water supply services pursuant to the terms of the proposed contract. c. If a contract awarded pursuant to the provisions of this act is renegotiated, the contracting unit shall conduct a public hearing on the renegotiated contract pursuant to the provisions of this section.

(cf: P.L.1994,c.58,s.60)

 

  76. Section 5 of P.L.1985, c.72 (C.58:27-5) is amended to read as follows:

  5. A contracting unit which intends to enter into a contract with a private vendor for the provision of wastewater treatment services pursuant to the provisions of this act shall notify, at least 60 days prior to issuing a request for qualifications from interested vendors pursuant to section 6 of this act, the division [and], the department, and the Department of the Public Advocate of its intention, and shall publish notice of its intention in at least one newspaper of general circulation in the jurisdiction which would be served under the terms of the proposed contract.

(cf: P.L.1994,c.58,s.61)

 

  77. Section 11 of P.L.1985, c.72 (C.58:27-11) is amended to read as follows:

  11. Upon designating the selected vendor or vendors pursuant to section 10 of this act, a contracting unit shall negotiate with the selected vendor or vendors a proposed contract, which shall include the accepted proposal and the provisions required pursuant to section 15 of this act. Upon negotiating a proposed contract, the contracting unit shall make the proposed contract available to the public at its main offices, and shall transmit a copy of the proposed contract to the division [and], the department, and the Department of the Public Advocate.

(cf: P.L.1994,c.58,s.62)


  78. Section 12 of P.L.1985, c.72 (C.58:27-12) is amended to read as follows:

  12. a. A contracting unit shall conduct a public hearing or hearings on the charges, rates, or fees, or the formula for determining these charges, rates, or fees, and the other provisions contained in a proposed contract negotiated pursuant to section 11 of this act. The contracting unit shall provide at least 90 days' public notice of this public hearing to the Department of the Public Advocate, prospective consumers and other interested parties. This notice shall be published in at least one newspaper of general circulation in the jurisdiction to be served under the terms of the proposed contract. Within 45 days after giving notice of the public hearing, the contracting unit shall hold a meeting with prospective consumers and other interested parties to explain the terms and conditions of the proposed contract, and to receive written questions which will be part of the record of the public hearing. At the public hearing, the selected vendor or vendors shall be present, and the contracting unit shall have the burden to answer the questions received at the meeting, and to show that the proposed contract complies with the provisions of section 15 of this act, and that it constitutes the best means of securing the required wastewater treatment services among available alternatives. The contracting unit shall provide that a verbatim record be kept of the public hearing, and that a written transcript of this record be printed and made available to the public within 45 days of the close of the public hearing. Written testimony received no more than 15 days after the public hearing shall be included in the written transcript. After the public hearing the contracting unit and the vendor may agree to make changes to the proposed contract, and the contracting unit shall transmit the proposed contract, a copy of the printed transcript of the public hearing, and a statement summarizing the major issues raised at the public hearing and the response of the contracting unit to these issues, to the division, [and] the department, and the Department of the Public Advocate, and shall make copies available to any other person upon request.

  b. If the Division of Rate Counsel in the Department of the Public Advocate represents the public interest at a public hearing or hearings conducted pursuant to this section, the Division of Rate Counsel shall be entitled to assess the vendor for costs incurred in this representation in the manner provided in section 20 of P.L.1974, c.27 (C.52:27E-19). The basis of the assessment shall be the prospective first year's revenue realized by the vendor from the provision of the wastewater treatment services pursuant to the terms of the proposed contract.

  c. If a contract awarded pursuant to the provisions of this act is renegotiated, the contracting unit shall conduct a public hearing on the renegotiated contract pursuant to the provisions of this section.

(cf: P.L.1994,c.58,s.63)

  79. N.J.S.59:1-3 is amended to read as follows:

  59:1-3. Definitions. As used in this subtitle:

  "Employee" includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.

  "Employment" includes office; position; employment; or service, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey, or as an emergency management volunteer.

  "Enactment" includes a constitutional provision, statute, executive order, ordinance, resolution or regulation.

  "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person.

  "Law" includes enactments and also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States.

  "Public employee" means an employee of a public entity and includes a person participating, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey [and any person retained by the public defender to serve as an arbitrator, mediator, or in such similar capacity. "Public employee" does not include any independent contractors or other individuals, agencies, or entities not established in or employed by the Office of the Public Defender designated to provide protection and advocacy services to indigent mental hospital admittees or persons with a developmental disability as the term is defined in section 3 of P.L.1977, c.82 (C.30:6D-3)].

  "Public entity" includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State. ["Public entity" does not include any independent contractors or other individuals, agencies, or entities not established in or employed by the Office of the Public Defender designated to provide protection and advocacy services to indigent mental hospital admittees or persons with a developmental disability as the term is defined in section 3 of P.L.1977, c.82 (C.30:6D-3)].

  "State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall not include any such entity which is statutorily authorized, to sue and be sued. "State" also means the Palisades Interstate Park Commission, but only with respect to employees, property and activities within the State of New Jersey.

  "Statute" means an act adopted by the Legislature of this State or by


the Congress of the United States.

(cf: P.L.1995,c.383,s.4)

 

  80. The following are repealed:

  Sections 1 through 6 of P.L. 1994, c.58 (C.52:27E-50 through C.52:27E-55);

  Section 8 of P.L. 1994, c.58 (C.52:27E-56);

  Sections 10 through 25 of P.L. 1994, c.58 (C.52:27E-57 through C.52:27E-71);

  Sections 28 through 33 of P.L. 1994, c.58 (C.52:27E-72 through C.52:27E-74);

  Section 37 of P.L. 1994, c.58 (C.52:27E-75).

  Sections 3 and 4 of P.L.1977, c.239 (C.52:27G-3 and 52:27G-4).

  Sections 4 and 5 of P.L.1985, c.298 (C.52:27G-23 and 52:27G-24).

 

  81. This act shall take effect on the 90th day following enactment.

 

 

STATEMENT

 

  This bill, the "Department of the Public Advocate Act of 1996," would re-establish the Department of the Public Advocate in New Jersey. The Department was abolished by P.L.1994, c.58, enacted on June 29, 1994.

  Under this bill, the advocacy functions previously performed by the Department of the Public Advocate would be restored with the exception of the Public Defender, which would remain as a separate Office in the Executive Branch. In addition, the Department of the Public Advocate would gain new advocacy functions.

  The bill establishes a new Division within the Department of the Public Advocate, to be known as the Division of Child Advocacy. The new division would investigate complaints and provide legal representation and other advocacy services on an individual or class basis to protect and advocate the rights of abused and neglected children.

  The bill provides that the following divisions and Offices would be contained in the Department of the Public Advocate: the Division of Rate Counsel, Division of Mental Health Advocacy, Office of Inmate Advocacy, Division of Public Interest Advocacy, Division of Citizen Complaints, and Division of Advocacy for the Developmentally Disabled. (The former Office of Dispute Resolution, which had been part of the Public Advocate's Division of Citizen Complaints and Dispute Resolution, would not be restored to the Public Advocate.)

  In addition, the bill consolidates advocacy functions now performed in other departments by transferring the Office of the Ombudsman for the Institutionalized Elderly (currently in the Executive Branch) and the Office of the Public Guardian for Elderly Adults (currently allocated to, but independent of, the Department of Community Affairs), to the Office of the Public Advocate.

  The bill also requires the Division of Mental Health Advocacy in the Department of the Public Advocate to provide patient representatives to represent and protect mental hospital admittees with respect to the use and administration of psychotropic drugs. Pursuant to State and Federal case law (see Rennie v. Klein, 720 F.2d 266 (C.A.N.J.1983), patients committed to psychiatric institutions have a constitutional right to refuse the administration of such medication, subject to the requirements of needed care and legitimate administrative concerns. Currently, the Division of Mental Health and Hospitals in the Department of Human Services provides so-called "Rennie advocates" in State institutions to advocate for patients pursuant to these standards. Under the bill, the "Rennie" advocacy functions would be performed by the Department of the Public Advocate.

  The bill also provides that the Office of Inmate Advocacy would, in addition to its other duties, function as an ombudsman for inmates in resolving complaints from inmates, their families, other interested citizens, public officials and government agencies concerning conditions in correctional facilities.

 

 

                         

 

Re-establishes the Department of the Public Advocate; establishes new Division of Child Advocacy within the Department.