S2392

An Act concerning the actions of certain regional commissions, providing the Governor with authority over the approval of the minutes of those commissions, and amending R.S.58:5-7 and R.S.58:14-2.

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

1. R.S.58:5-7 is amended to read as follows:

58:5-7. a. Each [said] commission, when duly organized, shall be deemed to be and shall become a body corporate with power to sue and be sued, and with the right to acquire, hold, use, lease, and dispose of all [such] property as may be necessary for the uses and purposes for which the commission was created, and with all other necessary powers incident to corporate bodies.

b. Each commission shall maintain the minutes of all meetings held by the members. No resolution or other action of either commission shall be taken except upon the affirmative vote of the members constituting a majority of the full authorized membership of that commission. No resolution or other action may be taken by either commission unless it is taken at a meeting for which minutes have been provided.

c. A true copy of the minutes of every meeting of each commission shall be delivered forthwith by and under the certification of the secretary thereof to the Governor. No action taken at the meeting by either commission shall have force or effect until 15 days after the copy of the minutes shall have been so delivered, unless during the 15-day period, the Governor shall approve in writing the minutes or any part thereof, in which case the action shall become effective upon approval. If, within the 15-day period, the Governor returns a copy of the minutes with the Governor's veto of any action taken by either commission or any member thereof at the meeting, the action shall be null and void and of no effect. Notwithstanding the foregoing, if the last day of the 15-day period shall be a Saturday, Sunday, or legal holiday, then the 15-day period shall be deemed extended to the next following business day. The powers conferred in this subsection upon the Governor shall be exercised with due regard for the rights of the holders of bonds, notes, or other obligations of a contracting municipality issued pursuant to R.S.58:5-28 at any time outstanding, and nothing in, or done pursuant to, this subsection shall in any way limit, restrict, or alter the obligation or powers of a contracting municipality or any representative or officer of a contracting municipality to carry out and perform in every detail each and every covenant, agreement, or contract at any time made or entered into by, or on behalf of, a contracting municipality with respect to its bonds, notes, or other obligations issued pursuant to R.S.58:5-28 or for the benefit, protection, or security of the holders thereof.

d. After the review period required pursuant to subsection c. of this section has elapsed, if the Governor has not notified that commission of a veto of the minutes, the minutes and any action taken at that meeting to which the minutes correspond shall take effect.

(cf: R.S.58:5-7)

2. R.S.58:14-2 is amended to read as follows:

58:14-2. a. The board of commissioners known as the Passaic valley sewerage commissioners, the first members of which were appointed under the act entitled "An act authorizing the appointment and defining the powers and duties of commissioners in sewage and drainage districts created for the purpose of relieving the streams and rivers therein from pollution, and to provide a plan for the prevention thereof and providing for the raising, expenditure and payment of moneys necessary for this purpose," approved March twenty-seventh, one thousand nine hundred and two (L.1902, c.49, p.195), is continued as a body politic and corporate, with perpetual succession under [said] the name of Passaic valley sewerage commissioners, hereinafter in this chapter designated as the "commissioners", with power to sue and be sued and to adopt and use a corporate seal, and with the right, power, and authority to acquire, hold, use, and dispose of all such property, real and personal, as may be proper or necessary, and with all other power and authority proper or necessary to carry out and effectuate the purposes for which the board is created.

b. The commissioners shall maintain the minutes of all meetings held by the commissioners. No resolution or other action of the board of commissioners shall be taken except upon the affirmative vote of the members constituting a majority of the full authorized membership of the board. No resolution or other action may be taken by the board of commissioners unless it is taken at a meeting for which minutes have been provided.

c. A true copy of the minutes of every meeting of the commissioners shall be delivered forthwith by and under the certification of the secretary thereof to the Governor. No action taken at the meeting by the board of commissioners shall have force or effect until 15 days after the copy of the minutes shall have been so delivered, unless during the 15-day period, the Governor shall approve in writing the minutes or any part thereof, in which case the action shall become effective upon approval. If, within the 15-day period, the Governor returns a copy of the minutes with the Governor's veto of any action taken by the board of commissioners or any member thereof at the meeting, the action shall be null and void and of no effect. Notwithstanding the foregoing, if the last day of the 15-day period shall be a Saturday, Sunday, or legal holiday, then the 15-day period shall be deemed extended to the next following business day. The powers conferred in this subsection upon the Governor shall be exercised with due regard for the rights of the holders of bonds, notes, or other obligations of the commissioners, or of a contracting municipality, at any time outstanding, and nothing in, or done pursuant to, this subsection shall in any way limit, restrict, or alter the obligation or powers of the commissioners or a contracting municipality or any representative or officer of the commissioners or a contracting municipality to carry out and perform in every detail each and every covenant, agreement, or contract at any time made or entered into by, or on behalf of, the commissioners or a contracting municipality with respect to those bonds, notes, or other obligations or for the benefit, protection, or security of the holders thereof.

d. After the review period required pursuant to subsection c. of this section has elapsed, if the Governor has not notified the commissioners of a veto of the minutes, the minutes and any action taken at that meeting to which the minutes correspond shall take effect.

(cf: R.S.58:14-2)

3. This act shall take effect immediately.

STATEMENT

This bill prohibits any resolution or other action of the North Jersey District Water Supply Commission (and the South Jersey District Water Supply Commission, if so established) and the Passaic Valley Sewerage Commission, to be taken except upon the affirmative vote of the members constituting a majority of the full authorized membership of these commissions. The bill requires these commissions to maintain the minutes of any meeting of their commissioners and to submit the meeting minutes to the Governor for approval. No action can be taken unless it is taken at a meeting for which the minutes are provided. The bill provides the Governor with the authority to review the minutes and approve or veto them within 15 days of their receipt. No resolution or other action taken by these commissions at any meeting of the commissioners can become effective until 15 days, Saturdays, Sundays, and public holidays excepted, after the copy of the minutes are delivered, unless during the 15-day period, the Governor approves the minutes, in which case the action is to take effect upon the Governor’s approval. If, in that 15-day period, the Governor returns a copy of the minutes with a veto of any resolution or other action taken at the meeting, the action is to be null and void. If the Governor has not notified these commissions of a veto of the minutes after the review period has elapsed, the minutes and any action taken at that meeting or public hearing to which the minutes correspond are to take effect.