A5011

An Act establishing the “Fiscal Integrity for Future Attractions (FIFA) Act” and supplementing Title 5 of the Revised Statutes.

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

1. This act shall be known and may be cited as the “Fiscal Integrity for Future Attractions (FIFA) Act.”

2. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, whenever the State, or any legal representative acting on behalf of the State, is required to enter into any agreement in connection with the hosting or presence of a major event or attraction in this State that requires the commitment of public resources, the agreement shall be submitted to and shall require the approval of the Commission on the Fiscal Integrity for Future Attractions established under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) prior to being ratified. In addition, any further supplements, modifications, or addenda to any such agreement that would require the commitment of additional public resources shall be submitted to the commission and shall require the commission’s review and approval prior to being ratified. The approval of an agreement, supplement, modification, or addenda as provided by this section shall require a majority vote of the members of the commission. Any agreement, supplement, modification, or addendum entered into by the State or on behalf of the State in violation of this section shall be deemed null and void.

b. Nothing in this section shall be construed to require the commission’s review and approval of an agreement to which the State is not a party.

c. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill:

“Major event or attraction” means and includes any event or attraction that increases tourism to the State of New Jersey and generates significant, immediate or long-term economic, social and cultural benefits to the State, attracts significant numbers of participants and spectators, or has a national profile outside of the region in which it is being run, and generates significant media coverage in markets of interest for tourism;

“Public resources” means and includes transportation facilities such as train stations and parking facilities; transportation services such as mass transit trains and buses; roads and highways; security services such as police presence and protection; emergency response personnel such as firefighters and emergency medical technicians; public buildings; recreation centers; public works garages; water and sewer facilities or services; open space; athletic fields; parks; or any other infrastructure that is owned or operated by the State or by any board, commission, or independent authority of the State, or by any political subdivision of the State.

3. a. There is established an independent Commission on the Fiscal Integrity for Future Attractions which shall be responsible for reviewing and approving agreements to which the State is or may become a party, if the terms of the agreement require the commitment of public resources in order to facilitate the hosting or presence of a major event or attraction in this State, as further specified under section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The commission shall have all such powers as may be necessary to review such agreements, and shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for that purpose.

b. The commission shall consist of the following five members, who shall serve ex-officio:

the Governor;

the President of the Senate;

the Minority Leader of the Senate;

the Speaker of the General Assembly; and

the Minority Leader of the General Assembly.

The members of the commission shall serve without compensation but shall be reimbursed for necessary expenses actually incurred in the performance of their duties as members of the commission.

c. The commission shall formulate and adopt rules of procedure for the conduct of the business of the commission in exercising its powers and fulfilling its duties under this section. All actions and decisions of the commission shall require a majority vote of the members of the commission.

d. The Office of Legislative Services shall provide staffing for the work of the commission.

e. All meetings of the commission shall be open to the public and all the business of the commission shall be transacted at public meetings held at such times and places as the commission shall prescribe. The Office of Legislative Services shall keep the minutes of each meeting of the commission and shall make the meeting minutes available for public view on a public-facing Internet website.

4. This act shall take effect immediately.

STATEMENT

This bill establishes an independent Commission on the Fiscal Impact of Future Attractions (FIFA) to review certain agreements entered into by the State in order to facilitate the hosting of major events or attractions in this State. In doing so, the bill provides for complete transparency between the Executive and Legislative Branches of State Government, ensures that thoughtful consideration is given to the potential impacts, fiscal and otherwise, that come with hosting major events, and safeguards public resources, safety, and trust, which are essential when hosting events of such scale.

Under the bill, the State, or any legal representative acting on behalf of the State, is prohibited from entering into any agreement that requires the commitment of public resources to facilitate the hosting or presence of a major event or attraction in New Jersey without prior approval from the commission. Any supplements, modifications, or addenda to an agreement to which the State is a party and that would require the commitment of additional public resources, are also required to be independently reviewed and approved prior to being ratified. Approval of an agreement, supplement, modification, or addendum will require a majority vote of the members of the commission.

The commission will consist of the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, and the Minority Leader of the General Assembly.

The bill defines “major event or attraction” to mean and include any event or attraction that increases tourism to the State of New Jersey and generates significant, immediate or long-term economic, social and cultural benefits to the State, attracts significant numbers of participants and spectators, or has a national profile outside of the region in which it is being run, and generates significant media coverage in markets of interest for tourism.

The bill defines “public resources” to mean and include transportation facilities such as train stations and parking facilities; transportation services such as mass transit trains and buses; roads and highways; security services such as police presence and protection; emergency response personnel such as firefighters and emergency medical technicians; public buildings; recreation centers; public works garages; water and sewer facilities or services; open space; athletic fields; parks; or any other infrastructure that is owned or operated by the State or by any board, commission, or independent authority of the State, or by any political subdivision of the State.