A1826

An Act concerning the Risk Management Committee in the Department of the Treasury, amending P.L.1975, c.231 and P.L.2007, c.56.

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

1. Section 3 of P.L.1975, c.231 (C.10:4-8) is amended to read as follows:

3. As used in this act:

a. "Public body" means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this State, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds including the Legislature, but does not mean or include the judicial branch of the government, any grand or petit jury, any parole board or any agency or body acting in a parole capacity, the State Commission of Investigation, the Apportionment Commission established under Article IV, Section III, of the Constitution, the Risk Management Committee established pursuant to section 4 of P.L.2007, c.56 (C.52:18A-222), or any political party committee organized under Title 19 of the Revised Statutes.

b. "Meeting" means and includes any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body. Meeting does not mean or include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering.

c. "Public business" means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body's functions or the conduct of its business.

d. "Adequate notice" means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body and (3) filed with the clerk of the municipality when the public body's geographic boundaries are coextensive with that of a single municipality, with the clerk of the county when the public body's geographic boundaries are coextensive with that of a single county, and with the Secretary of State if the public body has Statewide jurisdiction. For any other public body the filing shall be with the clerk or chief administrative officer of such other public body and each municipal or county clerk of each municipality or county encompassed within the jurisdiction of such public body. Where annual notice or revisions thereof in compliance with section 13 of this act set forth the location of any meeting, no further notice shall be required for such meeting.

(cf: P.L.1981, c.176, s.2)

2. Section 4 of P.L.2007, c.56 (C.52:18A-222) is amended to read as follows:

4. a. There is created a Risk Management Committee to monitor the State's risk management program as developed and coordinated by the division. The committee shall be comprised of the commissioner of each principal department in State Government, or [his] the commissioner’s designee. The State Treasurer [and the Commissioner of Banking and Insurance] or the Treasurer’s designee shall serve as [co-chairpersons] chairperson of the committee, and the [director of the division shall serve as Executive Secretary] division shall provide resources as necessary to operate the committee. The committee shall meet at least once every three months to:

(1) review the accident frequency reports prepared by the division pursuant to subsection d. of section 3 of P.L.2007, c.56 (C.52:18A-221);

(2) review policy issues related to worker safety and capital repair issues and their relationship to workers' compensation claims; and

(3) [develop a program and schedule for risk management training of appropriate managers within the principal departments; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(4) [oversee the establishment and operation of the risk management committees of each of the principal departments.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(5) provide advisory recommendations to the director of the division related to worker safety and capital repair issues.

b. [Each commissioner shall, pursuant to his general rule-making authority within each respective department, direct the appropriate personnel to administer and enforce any programs or protocols developed by the committee.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2007, c.56, s.4)

3. This act shall take effect immediately.

STATEMENT

This bill revises the composition, scope of duties, and public notice requirements of the Risk Management Committee (committee) in the Department of the Treasury.

The committee was created to monitor the State’s risk management program as developed and coordinated by the Division of Risk Management in the Department of the Treasury. Under current law, the committee is comprised of the commissioner of each principal department in State Government, or the commissioner’s designee, and is co-chaired by State Treasurer and the Commissioner of Banking and Insurance. The committee’s mandated duties are to: (1) review the accident frequency reports prepared by the division; (2) review policy issues related to worker safety and capital repair issues and their relationship to workers’ compensation claims; (3) develop a program and schedule for risk management training of appropriate managers within the principal departments; and (4) oversee the establishment and operation of the risk management committees of each of the principal departments. Each commissioner is mandated to direct the appropriate personnel to administer and enforce any programs or protocols developed by the committee.

Specifically, the bill provides that the State Treasurer, or the Treasurer’s designee, would serve as the sole chairperson of the committee. The bill also mandates the Division of Risk Management in the Department of the Treasury to provide resources as necessary to operate the committee.

Additionally, the bill revises the committee’s scope of duties by authorizing the committee to provide advisory recommendations to the director related to worker safety and capital repair issues. The bill also provides that the committee would no longer be mandated to: (1) develop a program and schedule for risk management training of appropriate managers within the principal departments; (2) oversee the establishment and operation of the risk management committees of each of the principal departments; or (3) have the commissioner of each executive department direct the appropriate personnel to administer and enforce any programs or protocols developed by the committee.

Lastly, the bill exempts the Risk Management Committee from the definition of a “public body” under the “Senator Byron M. Baer Open Public Meetings Act,” which requires public bodies to provide adequate notice to the public regarding their upcoming meetings.