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Review of Significant Legislation

NELSON SUPKO & HANLON LLC www.monmouthlegal.com January 10, 2012 The 214th legislative session of the State of New Jersey has concluded. As of the close of the legislative business at approximately 11pm last night, there are now over 100 bills awaiting action on the Governors desk, many of which may impact local government entities. Any bill not signed by the Governor or not acted upon by the legislature this past session, will have to be reintroduced in the new legislative session. On a sad note, Republican Assembly Leader Alex DeCroce, one of the few remaining gentleman in politics these days, passed away from an apparent heart attack immediately after the close of the session. As a result, the Governors State of the State address that kicks off the new legislative session will not be conducted until next week. organic pesticide applications would have been allowed, and there was an exception that would have allowed stronger pesticides during emergencies.

GOVERNOR: Fire Command Structure Required for Mutual Aid Responses


Awaiting action by the Governor, A1463 would require designated fire command structures in municipal emergency operations plans involving mutual aid responses to fires. This would require that the local fire mutual aid plan of each municipality or fire district must include a proposed command structure that would afford appropriate command support for the designated battalion chief or incident commander. The bill specifically requires that battalion and deputy chiefs be included as part of the county fire mutual aid plan.

GOVERNOR: Campaign Fundraising May Be Outlawed On All Public Property


Pending action by the Governor, the legislature has passed a bill to ban political fundraising on all public property. Specifically, S3166 would expand current law that prohibits candidates for state office from raising money in state buildings, applying it to all candidates for any public office and their representatives on all public property. The New Jersey Election Law Enforcement Commission would have jurisdiction to enforce the law permitting civil penalties of up to $5,000 for each violation.

NOT MOVED: Elimination of Print Newspaper Legal Ads


Despite a last minute push, legislation seeking to eliminate the requirement for the posting of paid print legal ads by local governments and various land use applicants was not posted for a vote in the State Assembly, and therefore, will have to be reintroduced next legislative session. It is anticipated that this legislation could save municipalities in excess of $20 million annually. Financially struggling print newspapers, of course, are fiercely opposing the measure that would allow legal notices to be posted free on municipal websites instead of through paid print legal advertisements. Proponents of the legislation note that paid classified advertisements in newspapers have been almost entirely replaced by free online services such as Craigslist.

NOT MOVED: Child Safe Playing Field Act


The Child Safe Playing Field Act has died in the legislature. This bill would have prohibited the use of most lawn pesticides on recreational fields at K-8th grade schools and day care center playgrounds. Low-impact

2 [REVIEW OF LEGISLATION] GOVERNOR: Legislation Clarifies Sub-Contractor Disclosure Requirements


Pending action by the Governor, A2769 clarifies that when a local unit requests bids for construction projects, the bid documents need only set forth the name or names of all subcontractors to whom the bidder will subcontract the furnishing of plumbing and gas fitting work, refrigeration, steam and hot water heating, and ventilating apparatus, steam power plants, electrical work, and structural steel and ornamental iron work. Subcontractors who furnish non-specialty trade work, or subcontractors who furnish work to named prime subcontractors, shall not be named in the bid documents. This issue frequently arises in bid protests for paving contracts, in particular, where the law has been unclear regarding what subcontractors must be disclosed in bid submissions. The bill also provides that if a contracting entity requires the naming of an additional subcontractor at the time of bid, that subcontractors scope of work must exceed 35% of the total contract value for the branch of work.

GOVERNOR: Legislation Prohibiting Library Transfer of Donated Funds


Pending action by the Governor, A3971 would prohibit municipal libraries from transferring funds donated to the library to the municipality served by the library. Passed last year, P.L.2010, c.83, sought to provide property tax relief to the overburdened New Jersey property taxpayer by requiring a municipal free library to turn over any excess funds to the municipality for use by the municipality for municipal purposes. Excess funds are currently defined as any funds in excess of 120% of the funds necessary to meet the librarys operating expenses, excluding funds restricted for capital projects. This legislation clarifies that donated funds cannot be part of funds returned to municipalities for tax relief.

LAW: Flood Prone Area Acquisitions Authorized Using Open Space Funds
Signed into law by the Governor on January 5, 2012, P.L. 2011, c.33 allows counties and municipalities to utilize county and municipal open space trust funds respectively for the additional purpose of purchasing flood-prone properties, otherwise known as Blue Acres. This law revises the names of open space trust funds to include floodplain protection. It defines Blue Acres project to mean any project to acquire, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and includes the demolition of structures on, the removal of debris from, and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes.

GOVERNOR: Legislation Requires Additional Foreclosure Notices


Pending action by the Governor, A3537 requires an owner who takes title to a residential property through either a sheriffs sale or a deed in lieu of foreclosure to provide the municipality where the property is located, and any association or common interest community of which the residential property is a part, with the owners contact information within 10 business days. The amended bill excludes from this requirement an owner who has previously provided notice to the municipality as a creditor serving a summons and complaint in an action to foreclose pursuant to N.J.S.A. 46:10B-51. If the owner does not reside in New Jersey, then the owner shall designate a representative who is authorized to accept service of process on behalf of the owner and provide the representatives contact information to the municipality.

GOVERNOR: Choice To Move School Elections To November


Pending anticipated action by the Governor, A4394 would allow municipalities and school districts, by adoption of mutual resolutions, to move school board elections from April to November, which may save municipalities and counties in excess of $12 million in election costs annually. This move may also take place by referendum requiring a petition to be signed by 15% of legally qualified voters of the preceding General Election for President. Districts moving elections to November will no longer be required to post school budgets for a vote so long as they comply with the 2% cap law. Those school districts wishing to exceed the cap levy would have to place their budget before the voters. If all of the constituent districts of a limited purpose regional school district approve moving the date of the annual school election, then the annual school election for the limited purpose regional school district must also be held on that date. Accordingly, it is possible that any given community may have two separate school election dates if part of both a regional and local district. Should school elections and budget votes seeking cap waivers be moved to November, the bill authorizes and directs the Director of the Division of Local Government Services and the Director of the Division of Taxation, in consultation with the Commissioner of Education, to take action deemed necessary with regard to estimated tax bills and tax levy recertification. If signed, this legislation would become effective January 1, 2013.

VETO: Streamline Local Review for Certain Wind Energy Devices On Farmland
A3992/S2887 was conditionally vetoed by the Governor yesterday. This legislation would have streamlined the approval process for wind generating devices on farmland, but the bills sponsor has indicated that the Governors conditional veto has effectively killed the legislation.

VETO: Revised Requirements for Delivery of EMS Services


A2095 was conditionally vetoed by the Governor yesterday. This legislation would have made numerous changes to the laws governing the provision of advanced and basic life support services by emergency medical technicians, including establishing clear lines of oversight, communications between providers and hospitals, and requiring background checks.

VETO: Limits On Annual Fee Increases In Shared Service Agreements To 2%


S441/A3625 was conditionally vetoed by the Governor yesterday. This legislation would have limited increases under shared service agreements to 2% per year to conform with the state levy cap.

VETO: Exemption of Co-Located Wireless Equipment From Local Review


S2989/A3949 was conditionally vetoed by the Governor yesterday. This legislation would have exempted certain smaller wireless equipment installations being co-located from being required to undergo local site plan approval and review.

LAW: Authorities, Boards and Commissions Must Establish Internet Presence


Signed by the Governor yesterday, A3908 requires that all state, regional and local authorities, boards and commissions establish websites posting information related to each entitys mission, finances, meetings and employees.

4 [REVIEW OF LEGISLATION] GOVERNOR: Council Members May Serve As FMERA Designees


Pending action by the Governor, S2825 allows Eatontown, Oceanport, and Tinton Falls mayors to designate a council member to represent them as members of Fort Monmouth Economic Revitalization Authority. Currently only employees may sit in the Mayors place.

GOVERNOR: Establishment of Uniform Property Tax Assessments for Commercial Renewable Energy Facilities
Pending action by the Governor, S2888 establishes uniform real property taxation for commercial renewable energy systems and limits municipal construction permit fees for non-commercial renewable energy systems. This legislation defines commercial renewable energy system distinctly from on site systems. Accordingly, property that has been certified as a commercial renewable energy system would be exempt from property taxation, and would instead be subject to a uniform tax rate. The owner of real property on which a certified commercial renewable energy system is located would have an assessed value equal to the assessed valuation of the real property without the commercial renewable energy system included, with the additional tax due for the commercial renewable energy system calculated as follows: $7,000 for each 1,000 kilowatts of direct current capacity, or its equivalent, for the first year of commercial operation of the system, increasing by one percent in each subsequent year of commercial operation and until decommissioning of the system. This legislation also prohibits the payment of a municipal fee or charge in excess of the cost of review and issuance of the construction permit for the installation or alteration of a non-commercial renewable energy system in any building.

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