SENATE, No. 2302
STATE OF NEW JERSEY
INTRODUCED DECEMBER 1, 1997
By Senators LIPMAN and BRYANT
An Act concerning the New Jersey Transit Corporation and amending P.L.1979, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1979, c.150 (C.27:25-4) is amended to read as follows:
4. a. There is hereby established in the Executive Branch of the State Government the New Jersey Transit Corporation, a body corporate and politic with corporate succession. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the corporation is hereby allocated within the Department of Transportation, but, notwithstanding said allocation, the corporation shall be independent of any supervision or control by the department or by any body or officer thereof. The corporation is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, and the exercise by the corporation of the powers conferred by this act shall be deemed and held to be an essential governmental function of the State.
b. The corporation shall be governed by a board which shall consist of [seven] nine members including the Commissioner of Transportation and the State Treasurer, who shall be members ex officio, another member of the Executive Branch to be selected by the Governor who shall also serve ex officio, and [four] six other public members who shall be appointed by the Governor, with the advice and consent of the Senate, for four year staggered terms and until their successors are appointed and qualified. No more than [two] three of the public members shall be members of the same political party. At least one public member shall be a regular public transportation rider who rides in any area of the State. In addition, at least two public members shall be appointed as follows: one public member shall be a regular public transportation rider who rides in a major urban area of the State; and one public member shall represent public transportation riders who ride in major urban areas of the State. The Governor in making appointments of these latter two public members shall give due consideration to the appointment of persons who are members of public transportation dependent groups in major urban areas. Each public member may be removed from office by the Governor for cause. A vacancy in the membership of the board occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. The first appointments shall be for one, two, three and four years respectively, and thereafter for terms of four years as stated. The first appointments made pursuant to this 1997 amendatory act shall be for one and two years respectively, and thereafter for terms of four years as stated. The board shall annually designate a vice chairman and secretary. The secretary need not be a member.
c. Board members other than those serving ex officio shall serve without compensation, but members shall be reimbursed for actual expenses necessarily incurred in the performance of their duties.
d. The Commissioner of Transportation shall serve as chairman of the board. He shall chair board meetings and shall have responsibility for the scheduling and convening of all meetings of the board. In his absence, the vice chairman shall chair the board meeting. Each ex officio member of the board may designate two employees of his department or agency, one of whom may represent him at meetings of the board. A designee may lawfully vote and otherwise act on behalf of the member for whom he constitutes the designee. Any such designation shall be in writing delivered to the board and shall continue in effect until revoked or amended by writing delivered to the board.
e. The powers of the corporation shall be vested in the members of the board thereof and [four] five members of the board shall constitute a quorum at any meeting thereof. Actions may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of at least [four] five members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
f. A true copy of the minutes of every meeting of the board shall be delivered forthwith, by and under the certification of the secretary thereof, to the Governor. No action taken at such meeting by the board shall have force or effect until approved by the Governor or until 10 days after such copy of the minutes shall have been delivered. If, in said 10-day period, the Governor returns such copy of the minutes with veto of any action taken by the board or any member thereof at such meeting, such action shall be null and of no effect. The Governor may approve all or part of the action taken at such meeting prior to the expiration of the said 10-day period.
g. The board meetings shall be subject to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
(cf: P.L.1992,c.214,s.1)
2. This act shall take effect immediately.
STATEMENT
This bill adds two additional public members to the New Jersey Transit Corporation's Board of Directors, bringing the number of public members from the current total of four to six. The board's total membership would increase to nine. The bill continues the current statutory provision that at least one public member of the board would be a regular public transportation rider and adds that the rider may be one who rides in any area of the State. In addition, at least two of the public members of the board would regularly ride public transportation in a major urban area and be representative of public transportation riders in those areas. The Governor, in making these latter two appointments, is to give due consideration to the appointment of persons who are members of public transportation dependent groups in major urban areas. Since there are currently no public members of the board who are from major urban areas, the members to be appointed pursuant to this bill might qualify for the newly created urban rider designations. This bill would reflect the provisions of the "New Jersey Public Transportation Act of 1979" (N.J.S.A. 27:25-5m.) wherein NJ Transit advisory committee members are to include urban transit users. In addition, since transit users in major urban areas who are public transportation dependent figure so prominently in the bus ridership of the corporation, the bill would enable that class of persons to be specifically represented.
Adds two additional public members to NJT Board; requires certain public members to be riders, or representative of riders, in major urban areas.