Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Assemblywoman SHEILA Y. OLIVER
District 34 (Essex and Passaic)
Assemblyman KEVIN J. ROONEY
District 40 (Bergen, Essex, Morris and Passaic)
Requires NJT to offer three-month bus and rail passes at discounted rates.
CURRENT VERSION OF TEXT
An Act concerning New Jersey Transit Corporation fares, and amending P.L.1979, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1979, c.150 (C.27:25-5) is amended to read as follows:
5. In addition to the powers and duties conferred upon [it] the corporation elsewhere in [this act] P.L.1979, c.150 (C.27:25-1 et seq.), the corporation may do all acts necessary and reasonably incident to carrying out the objectives of [this act] P.L.1979, c.150 (C.27:25-1 et seq.), including, but not in limitation thereof, the following:
a. Sue and be sued;
b. Have an official seal and alter the [same] seal at pleasure;
c. Make and alter bylaws for its organization and internal management and for the conduct of its affairs and business;
d. Maintain an office at [such] a place [or places] within the State as it may determine;
e. Adopt, amend, and repeal [such] rules and regulations as [it] the corporation may deem necessary to effectuate the purposes of [this act] P.L.1979, c.150 (C.27:25-1 et seq.), which shall have the force and effect of law; [it] the corporation shall publish the [same] rules and regulations and file them in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) with the Director of the Office of Administrative Law;
f. Call to its assistance and avail itself of the service of [such] employees of any federal, State, county, or municipal department or agency as [it] the corporation may require and as may be available to it for [said] that purpose;
g. Apply for, accept, and expend money from any federal, State, county, or municipal agency or instrumentality, and from any private source; comply with federal statutes, rules, and regulations, and qualify for and receive all forms of financial assistance available under federal law to assure the continuance of, or for the support or improvement of public transportation and as may be necessary for that purpose to enter into agreements, including federally required labor protective agreements;
h. Plan, design, construct, equip, operate, improve, and maintain, either directly or by contract with any public or private entity, public transportation services, capital equipment and facilities, or any parts or functions thereof, and other transportation projects, or any parts or functions thereof, which may be funded under section 3 of the federal Urban Mass Transportation Act of 1964, Pub.L.88-365 (49 U.S.C. s.1602), or any successor or additional federal act having substantially the same or similar purposes or functions; the operation of the facilities of the corporation, by the corporation, or any public or private entity, may include appropriate and reasonable limitations on competition in order that maximum service may be provided most efficiently to the public;
i. Apply for and accept, from appropriate regulatory bodies, authority to operate public transportation services [where] when necessary;
j. Purchase, lease as lessee, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or any interest therein, from any public or private entity, wherever situated;
k. Lease as lessor, sell, or otherwise dispose of, on terms which the corporation may prescribe, real and personal property, including tangible or intangible property and consumable goods, or any interest therein, to any public or private entity, in the exercise of its powers and the performance of its duties under [this act] P.L.1979, c.150 (C.27:25-1 et seq.). In order to provide or encourage adequate and efficient public transportation service, the corporation may lease or otherwise permit the use or occupancy of property without cost or at a nominal rental;
l. Restrict the rights of persons to enter upon or construct any works in or upon any property owned or leased by the corporation, except under [such] terms as the corporation may prescribe; perform or contract for the performance of all acts necessary for the management, maintenance, and repair of real or personal property leased or otherwise used or occupied pursuant to [this act] P.L.1979, c.150 (C.27:25-1 et seq.);
m. Establish one or more operating divisions as deemed necessary. Upon the establishment of an operating division, there shall be established a geographically coincident advisory committee to be appointed by the Governor with the advice and consent of the Senate. The committee shall consist of county and municipal government representatives and concerned citizens, in the number and for [such] terms as may be fixed by the corporation, and shall advise the corporation as to the public transportation service provided in the operating division. At least two members of each advisory committee shall be public transportation riders, including but not limited to, urban transit users and suburban commuters as appropriate. One public member from the board of the corporation shall serve as a liaison to each advisory committee;
n. Set and collect fares and determine levels of service for service provided by the corporation either directly or by contract including, but not limited to, [such] reduced fare programs as deemed appropriate by the corporation; revenues derived from [such] that service may be collected by the corporation and shall be available to the corporation for use in furtherance of any of the purposes of [this act] P.L.1979, c.150 (C.27:25-1 et seq.);
o. Set and collect rentals, fees, charges, or other payments from the lease, use, occupancy, or disposition of properties owned or leased by the corporation; [such] those revenues shall be available to the corporation for use in furtherance of any of the purposes of [this act] P.L.1979, c.150 (C.27:25-1 et seq.);
p. Deposit corporate revenues in interest bearing accounts or in the State of New Jersey Cash Management Fund established pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4);
q. Delegate to subordinate officers of the corporation [such] powers and duties as the corporation shall deem necessary and proper to carry out the purposes of [this act] P.L.1979, c.150 (C.27:25-1 et seq.);
r. Procure and enter into contracts for any type of insurance and indemnify against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employees' liability, against any act of any member, officer, employee, or servant of the corporation, whether part-time, full-time, compensated or [noncompensated] non-compensated, in the performance of the duties of [his] the employee’s office or employment or any other insurable risk. In addition, the corporation may carry its own liability insurance and may also establish and utilize a wholly-owned insurance subsidiary or captive provided the subsidiary or captive is domiciled in the United States in a state which is accredited by the National Association of Insurance Commissioners and which licenses and regulates wholly-owned insurance subsidiaries or captives;
s. Promote the use of public transportation services, coordinate ticket sales and passenger information, and sell, lease, or otherwise contract for advertising in or on the equipment or facilities of the corporation;
t. Adopt and maintain employee benefit programs for employees of the corporation including, but not limited to, pension, deferred compensation, medical disability, and death benefits, and which programs may utilize insurance contracts, trust funds, and any other appropriate means of providing the stipulated benefits, and may involve new plans or the continuation of plans previously established by entities acquired by the corporation;
u. Own, vote, and exercise all other rights incidental to the ownership of shares of the capital stock of any incorporated entity acquired by the corporation pursuant to the powers granted by [this act] P.L.1979, c.150 (C.27:25-1 et seq.);
v. Enter into any [and all] agreements or contracts, execute any and all instruments, and [do and] perform any [and all] acts [or things] necessary, convenient, or desirable for the purposes of the corporation, or to carry out any power expressly or implicitly given in [this act] P.L.1979, c.150 (C.27:25-1 et seq.);
w. Notwithstanding the provisions of section 17 of P.L.1979, c.150 (C.27:25-17) or any other law to the contrary, (1) issue operating grant anticipation notes which shall be secured and retired from operating assistance grants authorized under section 9 of the federal Urban Mass Transportation Act of 1964, Pub.L.88-365 (49 U.S.C. s.1602), or any successor or additional federal act having substantially the same or similar purposes or functions and (2) issue capital grant anticipation notes which shall be secured and retired from capital assistance grants authorized under section 3 or section 9 of the federal Urban Mass Transportation Act of 1964, Pub.L.88-365 (49 U.S.C. s.1602), or any successor or additional federal act having substantially the same or similar purposes or functions. As used in this subsection, "operating grant anticipation notes" or "capital grant anticipation notes" (hereinafter referred to as "notes") means credit obligations issued in anticipation of these grants. The notes shall be authorized by a resolution [or resolutions] of the corporation, and may be issued in one or more series and shall bear the date, or dates, bear interest at the rate or rates of interest per annum, be in the denomination [or denominations], be in the form, carry the conversion or registration privileges, have the rank or priority, be executed in [such] a manner as the resolution [or resolutions require] requires. The notes may be sold at public or private sale at the price [or prices] and in the manner that the corporation determines. The notes of the corporation, the sale or transfer thereof, and the income derived therefrom by the purchasers of the notes, shall, at all times, be free from taxation for State or local purposes, under any law of the State or any political subdivision thereof. Notes may be issued under the provisions of P.L.1979, c.150 (C.27:25-1 et seq.) without obtaining the consent of any department, division, commission, board, bureau, or agency of the State, and without any other proceedings, conditions, or things which are specifically required by P.L.1979, c.150 (C.27:25-1 et seq.). The notes issued pursuant to P.L.1979, c.150 (C.27:25-1 et seq.) shall not in any way create or constitute any indebtedness, liability, or obligation of the State or of any political subdivision thereof or of the corporation, except as provided herein.
The notes shall be payable solely from (1) note proceeds, to the extent not disbursed to the corporation, (2) grant payments if, as, and when received from the federal government, and (3) investment earnings on note proceeds, to the extent not disbursed to the corporation. Each note shall contain on its face a statement to the effect that the corporation is obligated to pay the principal thereof or the interest thereon only from these grants to the corporation and from the proceeds of the notes and investment earnings on the proceeds of the notes, to the extent not disbursed to the corporation, and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof or of the corporation is pledged to the payment of the principal and interest on these notes. Neither the members of the corporation's board nor any person executing the transactions are personally liable on those notes nor are they otherwise liable for their actions; [and]
x. Enter into agreements with a public or private entity or consortia thereof to provide for the development of demonstration projects through the use of public-private partnerships pursuant to sections 1 through 9 of P.L.1997, c.136 (C.27:1D-1 through C.27:1D-9); and
y. Notwithstanding the provisions of subsection n. of this section, or any other law, rule, regulation, or order to contrary, the corporation shall offer a three-month motorbus regular route service pass and a three-month rail passenger service pass at discounted rates to be determined by the corporation.
(cf: P.L.2004, c.1, s.1)
2. This act shall take effect immediately.
This bill requires the New Jersey Transit Corporation (NJT) to offer passengers a three-month bus pass and a three-month rail pass at discounted rates which are to be determined by NJT.