New Jersey Revised Statutes Title 40a - Municipalities And Counties
- Section 40a:1-1 - Definitions.
40A:1-1. The following words, as used in this title, shall have the following meanings unless the context clearly indicates a different meaning: "budget" means...
- Section 40a:1-2 - Citation Of Revision
This revision shall be deemed to be a part of the general and permanent statutes of this State. In any citation, the abbreviation "N.J.S."...
- Section 40a:1-3 - Effective Repealers
The repeal herein of any sections of Title 40 of the Revised Statutes or any other law shall not affect any right now vested...
- Section 40a:1-4 - Revision Of Common Law
The said repeal of said sections of Title 40 of the Revised Statutes, as amended and supplemented, shall not of itself be deemed to...
- Section 40a:1-5 - Construction With Prior Law
The provisions of Title 40A not inconsistent with those of prior laws shall be construed as a continuation of such laws. L.1960, c. 169,...
- Section 40a:1-6 - Classification And Arrangement
The classification and arrangement of the several sections of the chapters of Title 40A have been made for the purpose of convenient reference and...
- Section 40a:1-7 - Construction Of Outline And Analysis
In the construction of Title 40A, or any part thereof, no outline or analysis of the contents of said Title or any part thereof,...
- Section 40a:1-8 - Invalidity Of Sections
If any chapters of Title 40A, or any section or provision thereof, shall be declared to be unconstitutional, invalid or inoperative, in whole or...
- Section 40a:1-9 - Applicability Of R. S. 1:1 et Seq.
The provisions of R.S. 1:1-8 and sections R.S. 1:1-11 to R.S. 1:1-21, both inclusive, shall be applicable to the enactment and operation of the...
- Section 40a:2-1 - Short Title
This chapter may be cited as the "Local Bond Law" . L.1960, c. 169, s. 1, eff. Jan. 1, 1962.
- Section 40a:2-2 - Definitions
The following words as used in this chapter shall have the following meanings, unless the context clearly indicates a different meaning: "bond ordinance" means...
- Section 40a:2-3 - Power To Incur Indebtedness, Borrow Money, Issue Bonds.
40A:2-3. Any local unit, by bond ordinance, may incur indebtedness, borrow money, authorize and issue negotiable obligations for financing: a.any capital improvement or property...
- Section 40a:2-3.1 - Local Governments, Funding Of Animal Shelter Operated By Nonprofit Organization.
1.Notwithstanding the provisions of any other law to the contrary, and in addition to any other law authorizing these expenditures, a municipality or county...
- Section 40a:2-4 - Payment Of Obligations
The power and obligation of a local unit to pay any and all bonds and notes issued by it pursuant to this chapter, or...
- Section 40a:2-5 - Authorization As Appropriation
An authorization of obligations shall constitute an appropriation of the proceeds thereof for the purposes stated in the bond ordinance. L.1960, c. 169, s....
- Section 40a:2-6 - Debt Limitation
No bond ordinance shall be finally adopted if it appears from the supplemental debt statement required by this chapter that the percentage of net...
- Section 40a:2-7 - Exceptions To Debt Limitation
A bond ordinance may be finally adopted notwithstanding section 40A:2-6 if such ordinance authorizes obligations solely for one of the following: a. to meet...
- Section 40a:2-8.1 - Issuance Of Bond Anticipation Note; Rules, Regulations.
11. a. On and after the effective date of P.L.2003, c.15, a local unit may, in anticipation of the issuance of bonds, borrow money...
- Section 40a:2-9 - Interim Obligations
After the sale of obligations, and pending the preparation of the definitive obligations, a local unit may issue interim obligations to the purchasers of...
- Section 40a:2-10 - Filing Of Supplemental Debt Statement Required.
40A:2-10. Prior to the passage on first reading of any bond ordinance, refunding bond ordinance or ordinance amending such ordinance, except amending as to...
- Section 40a:2-11 - Down Payment.
40A:2-11. a. No bond ordinance shall be finally adopted unless it appropriates to the purpose, or ratably to the respective purposes to be financed,...
- Section 40a:2-12 - Bond Ordinance; Contents
40A:2-12. A bond ordinance shall contain in substance the following: a. (1) an authorization for the issuance of obligations, stating in brief and general...
- Section 40a:2-13 - Multipurpose Bond Ordinances
Any 2 or more purposes for which this chapter authorizes obligations may be provided for in a single bond ordinance and may be combined...
- Section 40a:2-14 - Local Improvement Obligations
a. Any bond ordinance to finance any local improvement, in addition to other required provisions, shall contain: 1. a determination of the amount or...
- Section 40a:2-15 - Power To Make Special Covenants In Bond
Any bond ordinance to finance any cost or expense of a municipal public utility, or any ordinance amendatory thereof or supplemental thereto adopted prior...
- Section 40a:2-16 - Matters Not In Bond Ordinance
All matters not required to be contained in the bond ordinance may be determined by subsequent resolutions passed by the recorded affirmative votes of...
- Section 40a:2-17 - Adoption Of Bond Ordinance, Procedures.
40A:2-17. a. Introduction. A bond ordinance shall be introduced in writing at a meeting of the governing body and shall be passed upon first...
- Section 40a:2-18 - Bond Ordinance, Effective Date.
40A:2-18. A bond ordinance shall take effect 20 days after the first publication of the ordinance or of a summary thereof after final adoption....
- Section 40a:2-19 - Publications
40A:2-19. Publications required by this chapter shall, in the case of a municipality, be in a newspaper published and circulating in the municipality, if...
- Section 40a:2-20 - Expenses Included In Cost
The cost of an improvement or property may include interest on obligations until the end of the fiscal year in which the obligations are...
- Section 40a:2-21 - Minimum Period Of Usefulness
No local unit shall authorize obligations for any improvement or purpose having a period of usefulness of less than 5 years. L.1960, c. 169,...
- Section 40a:2-22 - Maximum Bond Terms.
40A:2-22. The governing body of the local unit shall determine the period of usefulness of any purpose according to its reasonable life computed from...
- Section 40a:2-22.1 - Request For Determination Of Period Of Usefulness.
18.A local unit may request, in a form and manner determined by rule and regulation of the Local Finance Board, that the Director of...
- Section 40a:2-24 - Form Of Obligations
Notes may be issued payable to bearer, with interest payable to bearer or on presentation for endorsement or may be in registered form. Notes...
- Section 40a:2-25 - Execution And Delivery Of Obligations
Obligations shall be executed in the name of the local unit by the manual or facsimile signatures of such officials, including a financial officer,...
- Section 40a:2-26 - Maturities Of Bonds.
40A:2-26.Maturities of all bonds shall be as determined by bond ordinance or by subsequent resolution and within the following limitations: a.All bonds shall mature...
- Section 40a:2-27 - Sale Of Bonds, Methods.
40A:2-27. a. All bonds shall be sold at public sale upon the submission of sealed bids or through the submission of electronic proposals, except...
- Section 40a:2-28 - Sale Of Bond Anticipation Notes Or Capital Notes
All bond anticipation notes or capital notes may be sold at private sale pursuant to resolution of the governing body, or by a financial...
- Section 40a:2-29 - Minimum Price For Obligations.
40A:2-29. Obligations sold pursuant to subsection d. of N.J.S.40A:2-32 shall be sold at not less than par value plus any interest accrued to the...
- Section 40a:2-30 - Advertisement Of Public Sale Of Bonds.
40A:2-30. a. A notice of public sale of bonds containing the provisions described in subsection a. of N.J.S.40A:2-31 shall be advertised at least once...
- Section 40a:2-31 - Contents Of Notice.
40A:2-31. a. A notice of public sale of bonds required to be advertised pursuant to N.J.S.40A:2-30 shall set forth: (1)the principal amount, date, denomination...
- Section 40a:2-32 - Sale Of Bonds; Bidding Requirements.
40A:2-32. a. (1) All bidders shall be required to deposit cash delivered by wire or otherwise or a certified or cashier's or treasurer's check,...
- Section 40a:2-33 - Sale Of Bonds At 1 Time Or In Installments
Any issue of bonds may be sold at 1 time or in installments at different times. The maturities of an installment of bonds offered...
- Section 40a:2-34 - Power Of Financial Officer To Sell Bonds
The governing body, by resolution, may designate a financial officer of the local unit to sell and award bonds in accordance with the advertised...
- Section 40a:2-35 - Conversion, Reconversion And Reissuance Of Bonds
Unmatured bonds heretofore or hereafter issued by a local unit under this chapter or any other law, and containing provisions for registration, conversion or...
- Section 40a:2-36 - Lost, Destroyed Or Defaced Obligations
Lost, destroyed or defaced obligations shall be reissued in the form and tenor of the original obligations upon supplying to the satisfaction of the...
- Section 40a:2-37 - Contracts To Be Financed By Obligations
The governing body shall not make any contract under which payments are to be financed pursuant to a bond ordinance until such bond ordinance...
- Section 40a:2-38 - Prohibited Agreements
In the issuance or sale of obligations, it shall be unlawful for the governing body or any member thereof or any official: a. To...
- Section 40a:2-38.1 - Attorneys; Compensation; Services On Issuance Of Bonds
No county, municipality or other political subdivision of the State or any board, commission or agency thereof, shall compensate an attorney for services rendered...
- Section 40a:2-39 - Application Of Proceeds
The proceeds of the sale of obligations shall be applied only to the purposes for which such obligations are authorized. If, for any reason,...
- Section 40a:2-40 - Annual Debt Statement
The chief financial officer of each local unit shall, before the end of the first month of each fiscal year, make and file in...
- Section 40a:2-41 - Contents Of Annual Debt Statement
The annual debt statement shall be in form prescribed by the director and shall set forth as to the local unit: a. Gross debt;...
- Section 40a:2-42 - Supplemental Debt Statement
A supplemental debt statement shall be in form prescribed by the director and shall set forth as to the local unit: a. The net...
- Section 40a:2-43 - Gross Debt
Gross debt shall include all bonds and notes issued and authorized but not issued pursuant to this or any other law by the local...
- Section 40a:2-44 - Deductions From Gross Debts
40A:2-44. There shall be deducted from the gross debt of the local unit, to the extent included therein, the amount of bonds or notes...
- Section 40a:2-45 - Self-liquidating Purposes.
40A:2-45. Any municipal public utility shall be deemed to be a self-liquidating purpose if the cash receipts from fees, rents or other charges, and...
- Section 40a:2-46 - Self-liquidating Purposes During Construction
Any municipal public utility shall be deemed to be self-liquidating during the period of construction or acquisition and until it shall have been in...
- Section 40a:2-47 - Self-liquidating Improvements And Extensions
Obligations to finance an improvement or extension of a municipal public utility shall be deemed to be for a self-liquidating purpose in the fiscal...
- Section 40a:2-48 - Self-liquidating Utility Deficits
The amount of the deficit in the income of a self-liquidating municipal public utility applicable to interest and debt redemption, or the prospective amount...
- Section 40a:2-49 - Conclusiveness Of Authorization Of Obligations
After 20 days after publication after final passage of a bond ordinance, the following shall be conclusively presumed: a. the accuracy, correctness and sufficiency...
- Section 40a:2-50 - Conclusiveness Of Validity Of Obligations
After issuance, all obligations shall be conclusively presumed to be fully authorized and issued by all the laws of this State, and any person...
- Section 40a:2-51 - Issuance Of Refunding Bonds.
40A:2-51. Any local unit may incur indebtedness, borrow money, authorize and issue refunding bonds, notwithstanding any provision or limitation contained in this chapter or...
- Section 40a:2-51.1 - Issuance Of Refunding Bonds
1. Notwithstanding the provisions of N.J.S.40A:2-51 to the contrary, a county or a municipality in which a pension fund has been established pursuant to...
- Section 40a:2-51.2 - Local Unit Authorized To Issue Bonds
If a local unit shall require moneys for the purpose of assuring against adopting a budget which sets forth a deficit, the director may...
- Section 40a:2-51.3 - Issuance Of Refunding Bonds By Local Government Entity For Certain Eri Liabilities.
1.Notwithstanding the provisions of N.J.S.40A:2-51 to the contrary, a county or municipality may incur indebtedness, borrow money, authorize and issue negotiable refunding bonds, in...
- Section 40a:2-52 - Authorization Of Refunding Bonds.
40A:2-52. Refunding bonds shall be authorized by a refunding bond ordinance which shall be adopted in the manner prescribed for adoption of a bond...
- Section 40a:2-53 - Contents Of Refunding Bond Ordinance
A refunding bond ordinance shall contain in substance the following: a. An authorization of the issuance of the refunding bonds, stating in brief and...
- Section 40a:2-54 - Special Refunding Program
If the local government board shall find that a special refunding program is in the public interest and is based upon a sound financial...
- Section 40a:2-55 - Filing And Effective Date Of Refunding Bond Ordinance
A certified copy of any refunding bond ordinance shall be filed with the director before final passage, together with a complete statement in form...
- Section 40a:2-56 - Powers Of Local Government Board
The local government board may examine into any estimates, computations or calculations made in connection with any issue of refunding bonds, may require the...
- Section 40a:2-57 - Standards For Action By Local Government Board
In considering any refunding bond ordinance presented to it for its consent, the local government board shall have regard to the probable capacity of...
- Section 40a:2-58 - Details Of Refunding Bonds
Refunding bonds may be issued in 1 or more series and shall contain the word "refunding" in their title and shall recite that they...
- Section 40a:2-59 - Sale Of Refunding Bonds
40A:2-59. Refunding bonds may be sold at public or private sale, or may be exchanged for any outstanding bonds or notes to be funded...
- Section 40a:2-60 - Sinking Or Reserve Fund; Disposition; Deposits; Investment
Moneys or investments in any sinking fund or reserve fund of the local unit established or held for any obligations to be paid, funded...
- Section 40a:2-61 - Validity Of Obligations
The power to authorize and issue obligations pursuant to this chapter and the validity of such obligations so issued shall not be affected by...
- Section 40a:2-62 - Debt Service Reserve Fund
The governing body, by bond ordinance or resolution, may establish a reserve fund to provide for payment of principal of and interest on any...
- Section 40a:2-63 - Application Of Chapter
Bonds or bond anticipation notes of any county or municipality authorized by county bond resolution or municipal bond ordinance finally passed prior to the...
- Section 40a:2-64 - Effect Of Amendatory Act Upon Bond Ordinance And Bonds Or Notes Authorized Thereunder
Any bond ordinance passed upon first reading prior to the effective date of this act may be finally adopted as if this act had...
- Section 40a:3-1 - Short Title
This act shall be known and may be cited as the "Municipal Qualified Bond Act." L.1976, c. 38, s. 10, eff. June 28, 1976.
- Section 40a:3-2 - Findings, Declarations.
1.The Legislature finds and declares that: a.Maintenance of strong financial credit in New Jersey municipalities is essential in providing necessary capital improvement or property...
- Section 40a:3-3 - Definitions.
2.For the purposes of P.L.1976, c.38, unless the context clearly requires a different meaning: a."Business Personal Property Tax Replacement Revenues" means the funds distributed...
- Section 40a:3-4 - Issuance Of Qualified Bonds.
3. a. Bonds issued by any municipality pursuant to provisions of this act shall be "qualified bonds" and shall be entitled to the benefit...
- Section 40a:3-5 - Recitals In Bonds; Authorization; Issuance; Maturity.
4. a. All qualified bonds when issued shall contain a recital to the effect that they are issued pursuant to Title 40 of the...
- Section 40a:3-6 - Bond Anticipation Notes
Any municipality which has authorized qualified bonds may issue bond anticipation notes (hereinafter "notes" ) in anticipation of the issuance of permanent qualified bonds...
- Section 40a:3-7 - Certification, Withholding; Lien; Covenants.
6. a. Each municipality which issues qualified bonds shall certify to the State Treasurer the name and address of the paying agent, the maturity...
- Section 40a:3-8 - Payment Of Principal And Interest Due On Qualified Bonds; Payment Of Operating Expenses
Nothing contained in this act shall be construed to relieve any municipality of the obligation imposed on it by law to include in its...
- Section 40a:3-9 - Application To Projects Commenced Prior To Effective Date Of Act
The provisions of this act shall not be construed to prohibit any municipality from applying for authorization to issue qualified bonds pursuant to the...
- Section 40a:3-10 - Severability
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such...
- Section 40a:3-11 - Issuance Of Qualified Bonds Under Ordinances Not In Compliance With Act If In Compliance Prior To Issuance Or To Refund Outstanding Bonds
a. Qualified bonds may be issued pursuant to the provisions hereof for the purpose of funding ordinances which have been adopted in the absence...
- Section 40a:4-1 - Short Title
This chapter may be cited as the "Local Budget Law" . L.1960, c. 169, s. 1, eff. Jan. 1, 1962.
- Section 40a:4-2 - Definitions
The following words, as used in this chapter, shall have the following meanings unless the context clearly indicates a different meaning: "budget" means the...
- Section 40a:4-3 - Annual Budget
The governing body of each local unit shall adopt a budget for each fiscal year. The budget of each local unit shall be prepared...
- Section 40a:4-3.1 - Municipalities, Operation Under State, Calendar Fiscal Year.
2. a. Except as provided in subsection b. or c. of this section, any municipality operating under the State fiscal year as of January...
- Section 40a:4-3.2 - Adoption Of State, Calendar Fiscal Year By Ordinance.
3. a. Any municipality for which the fiscal year is not changed pursuant to section 2 of P.L.1991, c.75 (C.40A:4-3.1) may, by ordinance, adopt...
- Section 40a:4-3.3 - Assistance Provided To Municipalities In Which Fiscal Year Has Been Changed
The director and the Local Finance Board shall provide such assistance to municipalities in which the fiscal year has been changed to the State...
- Section 40a:4-3.4 - Report To Legislature On Which Municipalities Have Adopted State Fiscal Year
1. On or before October 15, 1992 and for five years annually thereafter, the Director of the Division of Local Government Services in the...
- Section 40a:4-3.5 - Actions By Director.
3.The Director of the Division of Local Government Services in the Department of Community Affairs shall take such action as the director deems necessary...
- Section 40a:4-4 - Procedures For Adoption Of Budget
All budgets shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the...
- Section 40a:4-5 - Introduction And Approval
40A:4-5. The governing body shall introduce and approve the annual budget: a. In the case of a county, not later than January 26 of...
- Section 40a:4-5.1 - Local Budget Date Extension
Notwithstanding the provisions of any law, rule or regulation to the contrary, the Director of the Division of Local Government Services, in the Department...
- Section 40a:4-6 - Advertisement Of Budget
40A:4-6. Every budget shall be advertised after approval. The advertisement shall contain a copy of the budget or a budget summary as provided in...
- Section 40a:4-6.1 - Satisfaction Of Advertisement Of Budget Requirements
12.The governing body of a municipality or county may satisfy the advertisement requirements for the introduction and passage of a budget in the following...
- Section 40a:4-7 - Time Of Public Hearing
No budget shall be adopted until a public hearing has been held thereon and taxpayers and all persons having an interest therein shall have...
- Section 40a:4-8 - Public Hearing; Time And Place.
40A:4-8. The public hearing shall be held at the time and place specified in the advertisement thereof, but may be adjourned from time to...
- Section 40a:4-9 - Amendments To Budget
40A:4-9. a. Amendments to budgets required by the director may be made prior to the time of holding the public hearing on the budget,...
- Section 40a:4-10 - Adoption Of Budget; Public Inspection.
40A:4-10. No budget or amendment thereof shall be adopted unless the director shall have previously certified his approval thereof. Final adoption shall be by...
- Section 40a:4-11 - Budget To Be Transmitted To County Board
40A:4-11. The clerk of the local unit shall transmit a certified copy of the budget, as adopted, to the county board not later than...
- Section 40a:4-12 - Amount To Be Raised By Taxation For Local Purposes
The amount to be raised by taxation, as stated in the county budget, shall be the amount to be raised by taxation for county...
- Section 40a:4-12.1 - Certification Of Preliminary Municipal Tax Levy Under State Fiscal Year
16. On or before May 13 of each year, the governing body of each municipality operating under the State fiscal year shall certify, by...
- Section 40a:4-13 - Inclusion Of Amount Required For School Purposes
The amount to be raised by taxes for school purposes, required to be certified to the governing body of a municipality for inclusion in...
- Section 40a:4-14 - School Items; Separate Certification
In making the certifications of the budget for transmission to the county board, the amount to be raised by taxes for school purposes by...
- Section 40a:4-15 - Late Approval Of Budget
The director may certify any budget not filed with him within the time prescribed. Such budget must be accompanied by a statement of reasons,...
- Section 40a:4-16 - County Board To Advise Director Of Failure To Receive Budget
40A:4-16. Where the county board has not received a copy of the budget resolution or other evidence showing the amount to be raised by...
- Section 40a:4-17 - Director's Certificate To The County Board
40A:4-17. The director may, in accordance with subsection a. or b. of this section, after receipt of notice that the county board has not...
- Section 40a:4-18 - Table Of Aggregates For Late Budgets
40A:4-18. a. In municipalities operating under a calendar fiscal year, immediately upon receipt of the director's certificate the county board shall fill out the...
- Section 40a:4-19 - Temporary Appropriations
40A:4-19. The governing body may and, if any contracts, commitments or payments are to be made prior to the adoption of the budget, shall,...
- Section 40a:4-19.1 - Appropriation To Provide For Extended Time Period Where Budget Dates Have Been Extended
In any local fiscal year for which budget dates have been extended pursuant to section 1 of this act, the Director of the Division...
- Section 40a:4-20 - Emergency Temporary Appropriations
In addition to temporary appropriations necessary for the period prior to the adoption of the budget and regular appropriations, the governing body may, by...
- Section 40a:4-21 - Separate Sections Required
The budget shall provide separate sections for: a. Operation of local unit (current fund). b. Operation of any municipal public utility. c. Dedicated assessment...
- Section 40a:4-22 - Form And Content Of Current Budget
Every budget shall be prefaced by an explanatory statement of its contents and shall be itemized according to the respective objects and purposes for...
- Section 40a:4-22.1 - "State-funded Social Service Programs"; County Trust Fund; Disbursement; Annual Budget Message
1. a. A county may establish a trust fund account entitled "State-funded social service programs" from which expenditures of county and State funds shall...
- Section 40a:4-22.2 - "Attorney Identification Card Program."
1.A county may establish a trust fund account entitled, "Attorney Identification Card Program" trust fund into which shall be deposited all fees paid by...
- Section 40a:4-23 - Arrangement Of Revenues; Current Fund
The anticipated revenues shall be classified as "surplus anticipated" , "miscellaneous revenues" , "receipts from delinquent taxes" , and "amount to be raised by...
- Section 40a:4-24 - Surplus
"Surplus" in the current section of accounts shall consist of the excess of quick assets such as cash, investments, State or other public aid...
- Section 40a:4-25 - Miscellaneous Revenues
"Miscellaneous revenues" shall include such amounts as may reasonably be expected to be realized in cash during the fiscal year from known and regular...
- Section 40a:4-25.1 - Use Of Library Monies Transferred To Municipality.
2.Monies approved by the State Librarian for transfer to a municipality by the board of trustees of its municipal free library, pursuant to subsection...
- Section 40a:4-26 - Miscellaneous Revenues Limited To Cash Receipts; Exemption
No miscellaneous revenues from any source shall be included as an anticipated revenue in the budget in an amount in excess of the amount...
- Section 40a:4-27 - Miscellaneous Revenues; Sale Of Property.
40A:4-27. A local unit may anticipate as a miscellaneous revenue the total amount of all payments due and payable to the local unit during...
- Section 40a:4-27.1 - Anticipation In Budget
Any monies due a municipality pursuant to the provisions of section 19 of P.L. 1975, c. 326 (C. 13:1E-28) may be anticipated by the...
- Section 40a:4-27.2 - Municipal "Cap" Exemption
Any monies due a municipality pursuant to the provisions of section 40 of P.L. 1985, c. 38 (C. 48:13A-5.1) may be anticipated by the...
- Section 40a:4-27.3 - Distribution Of Certain Municipal Revenues To Real Property Taxpayers; Definitions
1. a. The governing body of a municipality, by resolution, may determine to distribute receipts from a miscellaneous revenue to the real property taxpayers...
- Section 40a:4-28 - Miscellaneous Revenues; Sinking Fund Surplus
Whenever the sinking funds to the credit of the several issues of term bonds of a local unit equal the principal of such issues...
- Section 40a:4-29 - Receipts From Delinquent Taxes
Delinquent taxes shall consist of taxes levied for prior fiscal years unpaid and owing to the local unit, and in the case of a...
- Section 40a:4-30 - Amount To Be Raised By Taxes To Support Municipal Budget
The amount to be raised by taxes shall be the amount required to be levied by taxation for the support of the municipal budget....
- Section 40a:4-31 - Arrangement Of Appropriations
The several items of appropriations shall have set forth in parallel columns to the right thereof the following: a. Amount of appropriations for current...
- Section 40a:4-32 - Separate Items Of Appropriations
Separate items shall be included for at least: a. Administration, operation and maintenance of each office, department, institution or other agency of the local...
- Section 40a:4-33 - Operation Of Utility Or Enterprise
The anticipated revenues from the operation of any utility or enterprise owned or operated by a local unit and the appropriations to be made...
- Section 40a:4-34 - Appropriations For Utility Or Enterprise
Appropriations for any utility or enterprise owned or operated by the local unit shall be in the form and detail prescribed by the regulations...
- Section 40a:4-35 - Utility Operations; Surplus; Deficit
If, in any year as a result of the operation of such utility or enterprise under the system of accounting thus directed, there shall...
- Section 40a:4-35.1 - Transfer Of Surplus Revenue
To the extent there is available surplus revenue collected by a municipality pursuant to chapter 62 of Title 40 of the Revised Statutes for...
- Section 40a:4-36 - Dedicated Revenues; General Definition
"Dedicated revenues" shall include all amounts reasonably expected to be realized in cash during the fiscal year from any source other than the issuance...
- Section 40a:4-37 - Dedicated Assessment Budget
Every dedicated assessment budget shall include revenues derived from the collection of special assessments on property specially benefited. No amount shall be stated in...
- Section 40a:4-38 - Appropriation In Dedicated Assessment Budget
Every dedicated assessment budget shall contain an appropriation for the payment of principal of bond anticipation notes or bonds maturing during the fiscal year....
- Section 40a:4-39 - Anticipation Of Dedicated Revenues.
40A:4-39. a. In the budget of any local unit, dedicated revenues anticipated during the fiscal year from any dog tax, dog license, revenues collected...
- Section 40a:4-40 - Reserve For Uncollected Taxes; Appropriation
There shall be included in each budget an appropriation for "reserve for uncollected taxes" sufficient in amount so that the anticipated cash receipts for...
- Section 40a:4-40.1 - Reduction Of Reserve For Uncollected Taxes By Sale Of Total Property Tax Levy
12. a. A municipality may reduce its reserve for uncollected taxes by deducting any or all payments anticipated during the fiscal year from the...
- Section 40a:4-40.2 - Reduction Of Reserve For Uncollected Taxes By Deduction Of Receipts For Sale Of Unpaid Taxes, Liens
13. A municipality may reduce its reserve for uncollected taxes by deducting any or all receipts anticipated during the fiscal year from the sale...
- Section 40a:4-40.3 - Fiscal Analysis Prior To Sale Of Total Property Tax Levy
14. Prior to the award of a contract for the sale of the total property tax levy pursuant to section 16 of P.L.1997, c.99...
- Section 40a:4-41 - Computation Of Reserve For Uncollected Taxes.
40A:4-41. a. For the purpose of determining the amount of the appropriation for "reserve for uncollected taxes" required to be included in each annual...
- Section 40a:4-42 - Required Appropriation For Cash Deficit
An appropriation for "cash deficit of preceding year" shall appear in each annual budget in the amount by which the liabilities and cash disbursements...
- Section 40a:4-43 - Capital Budgets; Definition
The governing body may and shall, when directed by the local government board, prepare, approve and adopt a budget for the expenditure of public...
- Section 40a:4-44 - Form, Arrangement And Detail Of Capital Budgets
The local government board shall adopt, and may from time to time amend, reasonable rules and regulations for capital budgets. Regulations may classify the...
- Section 40a:4-45 - Separate Capital Budgets
The board may require separate capital budgets to give effect to a general improvement program as follows: a. A special capital budget for the...
- Section 40a:4-45.1 - Legislative Policy
It is hereby declared to be the policy of the Legislature that the spiraling cost of local government must be controlled to protect the...
- Section 40a:4-45.1a - "Cost-of-living Adjustment" Defined.
4.As used in this amendatory and supplementary act, "cost-of-living adjustment" means the rate of annual percentage increase, rounded to the nearest half-percent, in the...
- Section 40a:4-45.2 - Limitation On Increase Of Appropriations.
2.For local budget years beginning on or after July 1, 2004 municipalities and counties shall be prohibited from increasing their final appropriations by more...
- Section 40a:4-45.2b - Deduction From County Appropriation For Services Assumed By State
For each local fiscal year, or portion thereof, in which a service or function associated with the provisions of this act is assumed by...
- Section 40a:4-45.3 - Municipalities; Budget Limitation Exceptions.
3.In the preparation of its budget a municipality shall limit any increase in said budget to 2.5% or the cost-of-living adjustment, whichever is less,...
- Section 40a:4-45.3a - Referendum; When Held, Applicability.
1.The provisions of any other law to the contrary notwithstanding, any referendum conducted by a municipality pursuant to subsection I. of section 3 of...
- Section 40a:4-45.3a1 - Provision Of Polling Places; Election Worker Compensation.
1.Notwithstanding the provisions of Title 19 of the Revised Statutes to the contrary, referenda conducted by any municipality pursuant to subsection I. of section...
- Section 40a:4-45.3b - Proceeds Of Sale Of Municipal Assets For Immediately Preceding Year As Exceptions.
2.Notwithstanding any provisions of P.L.1976, c.68 (C.40A:4-45.1 et seq.) to the contrary, municipalities shall, in budget year 1981 and in all subsequent budget years...
- Section 40a:4-45.3d - Local Finance Board Authorized To Grant Additional Exceptions
In addition to the exceptions to the limit on increases in final appropriations for any budget year, listed in section 3 of P.L.1976, c.68...
- Section 40a:4-45.3e - Additional Exceptions To Limits On Increases To Certain Appropriations Of Local Units.
13.In addition to the exceptions to the limits on increases to municipal appropriations set forth in section 3 of P.L.1976, c.68 (C.40A:4-45.3) and to...
- Section 40a:4-45.4 - Limitation On Increase In County Tax Levies Over Previous Year; Exceptions.
4.In the preparation of its budget, a county may not increase the county tax levy to be apportioned among its constituent municipalities in excess...
- Section 40a:4-45.4a - Transfer Of Funds Authorized By S. 40a:4-58 From Appropriation Not Subject To Limitation To Appropriation Subject To Limitation; Prohibition
No transfer of funds which is authorized by N.J.S. 40A:4-58 shall be made from an appropriation which is not subject to limitation pursuant to...
- Section 40a:4-45.4b - Budget Cap Exception For Solid Waste Reclamation Utility.
2.Notwithstanding the provisions of section 4 of P.L.1976, c.68 (C.40A:4-45.4) to the contrary, amounts appropriated in a county budget pursuant to N.J.S.40A:4-35 related to...
- Section 40a:4-45.12 - Annual Variable Percentage Limitation On Increases In Expenditures
The Legislature finds that the constraints placed upon local government by P.L.1976, c. 68 (C. 40A:4-45.1 et seq.) are successfully accomplishing their purpose of...
- Section 40a:4-45.13 - Assumed Service Or Function By County Or Municipality; Addition To Final Appropriation
a. In any budget year subsequent to 1982, whenever a county or municipality shall have lawfully assumed, during the immediately preceding budget year, or...
- Section 40a:4-45.14 - Permissible Increase In Appropriations.
7. a. Notwithstanding the provisions of section 2, 3 or 4 of P.L.1976, c.68 (C.40A:4-45.2, 40A:4-45.3 or 40A:4-45.4) to the contrary, in any year...
- Section 40a:4-45.15a - Municipality Permitted Certain Final Appropriations.
1. a. (Deleted by amendment, P.L.2004, c.74.) b.Notwithstanding any provisions of P.L.1976, c.68 (C.40A:4-45.1 et seq.) to the contrary, a municipality, which, for any...
- Section 40a:4-45.15b - County Permitted Certain Final Appropriations, County Tax Levy.
2. a. (Deleted by amendment, P.L.2004, c.74.)b.Notwithstanding any provisions of P.L.1976, c.68 (C.40A:4-45.1 et seq.) to the contrary, a county, which, for any local...
- Section 40a:4-45.15c - Amount Of Difference, Certain; Available For Appropriation.
11. Notwithstanding the provisions of sections 1 and 2 of P.L.1994, c.100 (C.40A:4-45.15a and C.40A:4-45.15b) to the contrary, the amount of difference remaining as...
- Section 40a:4-45.16 - Referendum; Increase In Final Appropriations
In any public referendum conducted by a municipality pursuant to subsection i. of section 3 of P.L.1976, c. 68 (C. 40A:4-45.3i.), the public question...
- Section 40a:4-45.19 - Increases In Final Appropriations Or Tax Levies In Years In Which New Service Or Program Is Funded; Explanatory Statement On Ballot Concerning Amount Of Appropriation
a. In the first local budget year in which a county or municipality shall commence to fund a new service or program, which it...
- Section 40a:4-45.38 - Transfer Of Funds From Appropriation Subject To Limitation
No transfer of funds authorized by N.J.S.40A:4-58 and N.J.S.40A:4-59 shall be made from an appropriation which is not subject to limitation pursuant to section...
- Section 40a:4-45.39 - Reduction For Unrealized Municipal Revenues
To the extent that a municipality fails to realize revenues appropriated in any budget year, other than federal or State aid revenues, it shall...
- Section 40a:4-45.40 - Transfer Of Services, Deduction From County Appropriation
In each local budget year in which any service, function, or portion thereof, is transferred to, or assumed by, the State or federal government...
- Section 40a:4-45.41 - Appropriation Included In Spending Limitation
All appropriations, other than for debt service and emergency temporary appropriations, made to cover overexpenditures or expenditures from a previous budget year, shall be...
- Section 40a:4-45.42 - Annual Report To Governor, Legislature
The Chairman of the Local Finance Board shall provide an annual report to the Governor and the Legislature detailing all significant local expenditure limitation...
- Section 40a:4-45.43 - Exemption On Limits On Increases For Certain Appropriations For Pension Contributions.
5.In addition to the exceptions to the limits on increases to municipal appropriations set forth in section 3 of P.L.1976, c.68 (C.40A:4-45.3) and to...
- Section 40a:4-45.43a - Additional Exceptions To Limits On Increases To Appropriations.
5.In addition to the exceptions to the limits on increases to municipal appropriations set forth in section 3 of P.L.1976, c.68 (C.40A:4-45.3) and to...
- Section 40a:4-45.44 - Definitions Relative To Property Tax Levy Cap Concerning Local Units.
9.For the purposes of sections 9 through 13 of P.L.2007, c.62 (C.40A:4-45.44 through C.40A:4-45.47 and C.40A:4-45.3e): "Adjusted tax levy" means an amount not greater...
- Section 40a:4-45.45 - Cap On Calculation Of Adjusted Tax Levy By Local Unit; Exclusions.
10. a. (1) In the preparation of its budget the amount to be raised by taxation by a local unit shall not exceed, except...
- Section 40a:4-45.45a - Amounts Raised To Pay Recycling Tax Treated As Exclusion For Calculation Of Adjusted Tax Levy.
4.Notwithstanding the provisions of section 10 of P.L.2007, c.62 (C.40A:4-45.45) to the contrary, amounts required to be raised to pay the recycling tax imposed...
- Section 40a:4-45.45b - Parts Of Budget Request; Exemptions.
3. a. A budget request submitted to the county governing body by a county entity budget authority on behalf of a county entity shall...
- Section 40a:4-45.45c - Rules, Regulations.
12.The Director of the Division of Local Government Services in the Department of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
- Section 40a:4-45.46 - Public Question Submitted For Approval To Raise Taxes Above The Limitation Allowable.
11. a. (Deleted by amendment, P.L.2009, c.44) b.(1) The governing body of a local unit may request approval, through a public question submitted to...
- Section 40a:4-45.47 - Actions Taken By Director.
12. a. The Director of the Division of Local Government Services in the Department of Community Affairs shall take such action as is deemed...
- Section 40a:4-46 - Emergency Appropriations
A local unit may make emergency appropriations, after the adoption of a budget, for a purpose which is not foreseen at the time of...
- Section 40a:4-47 - Emergency Appropriations Provided For In Next Budget
The total amount of all emergency appropriations shall be provided in full by the governing body as a deferred charge in the budget of...
- Section 40a:4-48 - Emergency Appropriations Not Exceeding, With Other Appropriations, 3% Of The Operating Appropriations
An emergency appropriation which, together with all prior emergency appropriations made during the same year, does not exceed 3% of the total of current...
- Section 40a:4-49 - Emergency Appropriations Exceeding, With Other Appropriations, 3% Of The Operating Appropriations
An emergency appropriation which together with all prior emergency appropriations made during the same year exceeds 3% of the total current and utility operating...
- Section 40a:4-50 - Emergencies Financed From Surplus
A local unit may finance any emergency appropriation from surplus funds available, or may borrow money and issue its "emergency notes" as provided for...
- Section 40a:4-51 - Emergency Notes Authorized
Any local unit may borrow money and issue its negotiable notes to meet an emergency appropriation. Each such note shall be authorized by resolution...
- Section 40a:4-52 - Conclusiveness Of Emergency Appropriations Upon Affidavit Of Finance Officer
An affidavit of a financial officer of the local unit shall be a conclusive determination of the total amount of any such emergency appropriations...
- Section 40a:4-53 - Special Emergency Appropriations.
40A:4-53. A local unit may adopt an ordinance authorizing special emergency appropriations for the carrying out of any of the following purposes: a.Preparation of...
- Section 40a:4-54 - Authorization Of Special Emergency Appropriations.
40A:4-54. A local unit may adopt a resolution authorizing special emergency appropriations to cover the cost of extraordinary expense for the repair, reconstruction of...
- Section 40a:4-54.1 - Emergency Funding For Certain Employee Group Insurance Programs.
1.Whenever the accumulated deficits of a municipal health insurance fund established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.) exceed an amount equal to 10%...
- Section 40a:4-54.2 - Certified Copy Of Resolution, Submission.
2.The municipal health insurance fund shall forward a certified copy of the resolution to each fund member and the Local Finance Board and the...
- Section 40a:4-54.3 - Notice Provided To Members.
3.After a resolution authorizing special emergency appropriations has been approved by the Local Finance Board and the Commissioner of Banking and Insurance the municipal...
- Section 40a:4-55 - Special Emergency Notes
After the adoption of an ordinance or resolution for special emergency appropriations, the local unit shall by 2/3 vote of the full governing body...
- Section 40a:4-55.1 - Special Emergency Appropriations; Adoption Of Ordinance
Any municipality may adopt ordinances authorizing special emergency appropriations to cover the cost of extraordinary expenses for the repair or reconstruction of streets, roads...
- Section 40a:4-55.2 - Financing Appropriation
Any municipality may finance such appropriation from surplus funds available or may borrow money to finance the same in the manner hereinafter prescribed. L.1961,...
- Section 40a:4-55.3 - Manner Of Financing Appropriation From Surplus Funds
When any such appropriation is financed from surplus funds available, at least 1/3 of the amount thereof shall be included in each annual budget...
- Section 40a:4-55.4 - Manner Of Financing Appropriation By Borrowing Money
When any such appropriation is to be financed by borrowing money, the governing body of the municipality shall, after the adoption of any such...
- Section 40a:4-55.5 - Approval And Filing Of Ordinance Or Resolution
No such ordinance or resolution shall be valid unless it is approved by the Local Government Board and a copy thereof shall be filed...
- Section 40a:4-55.6 - Rules And Regulations; Proof Of Emergency And Need For Appropriation
The Local Government Board shall promulgate suitable rules and regulations as to the adoption of such ordinances and may require proof by engineering data...
- Section 40a:4-55.7 - Effect Of Revision Of Title 40
This act shall continue in effect after, and notwithstanding the taking effect of, chapter 169 of the laws of 1960. L.1961, c. 22, p....
- Section 40a:4-55.8 - County Colleges; Special Emergency Appropriation; Resolution; Contents
Upon the receipt of a certification from the board of school estimate of the board of trustees of a county college, a county may...
- Section 40a:4-55.9 - Financing; Reduction Of Appropriation; Resolution
The county may finance such appropriation from available surplus funds or borrow money in the manner prescribed above. When State or Federal funds are...
- Section 40a:4-55.10 - Exclusion From Next Succeeding Budget; Limitation On Period Of Appropriation
Any emergency appropriation adopted under the provisions of this section shall not be included in the next succeeding budget but must be canceled or...
- Section 40a:4-55.11 - Filing Certified Copies Of Resolution; Disposition By Commissioner Of Education
Three certified copies of every resolution adopted under this act shall be filed with the Commissioner of Education forthwith after adoption. If the commissioner...
- Section 40a:4-55.12 - Applicability Of Provisions Relating To Tax Anticipation Notes
The provisions of chapter 4 of Title 40A of the New Jersey Statutes relating to tax anticipation notes shall apply to special county college...
- Section 40a:4-55.13 - Public Exigency Caused By Civil Disturbances; Special Emergency Appropriation; Resolution
A local unit may by resolution make special emergency appropriations after the adoption of the budget, for costs arising from a public exigency caused...
- Section 40a:4-55.14 - Financing; Surplus Funds; Borrowing
A local unit may finance such appropriations from surplus funds available or may borrow money to finance the same in the manner hereinafter prescribed....
- Section 40a:4-55.15 - Surplus Funds; Inclusion In Annual Budget
When any such appropriation is financed from surplus funds available, at least 1/3 of the amount thereof shall be included in each succeeding annual...
- Section 40a:4-55.16 - Borrowing Money; Resolution
When any such appropriation is to be financed by borrowing money, the governing body of the local unit shall, by a 2/3 vote of...
- Section 40a:4-55.17 - Applicability Of Tax Anticipation Notes Provisions To Special Emergency Notes; Filing Resolution
The provisions of the chapter hereby supplemented relating to tax anticipation notes shall apply to special emergency notes. A copy of the resolution shall...
- Section 40a:4-55.18 - Distressed Municipality Defined
As used in this act the term "distressed municipality" means any municipality required to pay a judgment in an amount which would require an...
- Section 40a:4-55.19 - Judgments; Payment; Appropriation; Resolution; Notes; Conditions
a. The governing body of a distressed municipality may by resolution approved by not less than two-thirds vote of its full membership provide for...
- Section 40a:4-55.20 - Approval Of Resolution
No resolution approved pursuant to this act shall have effect unless approved by the Local Finance Board pursuant to rules and regulations prescribed by...
- Section 40a:4-55.21 - Powers And Obligations Of Municipality; Ad Valorem Taxes; Levy
The power and obligation of a municipality to pay any note or obligation issued pursuant to this act shall be unlimited and the municipality...
- Section 40a:4-56 - Contracts Of Special Or Technical Nature
A local unit may, if it so elects, enter into a contract for the purposes set forth in 40A:4-53 without advertising, provided the governing...
- Section 40a:4-57 - Expenditures Void Without Appropriations
No officer, board, body or commission shall, during any fiscal year, expend any money (except to pay notes, bonds or interest thereon), incur any...
- Section 40a:4-58 - Appropriation Transfers During Last 2 Months Of Fiscal Year
a. Should it become necessary, during the last 2 months of the fiscal year, to expend for any of the purposes specified in the...
- Section 40a:4-59 - Appropriation Transfers During First 3 Months Of Succeeding Year
a. If, during the first 3 months of any fiscal year, the amount of any appropriation reserve for the immediately preceding fiscal year is...
- Section 40a:4-60 - Unexpended Balances Canceled By Resolution
Any unexpended balances of appropriations may, by resolution of the governing body, be canceled prior to the end of the fiscal year. Said resolution...
- Section 40a:4-61 - Assessment Revenue Fund
All receipts derived from special assessments on property specially benefited by any local improvements shall be segregated by the municipality and kept in a...
- Section 40a:4-62 - Public Utility Funds
All moneys derived from the operation of publicly owned or operated utility or enterprise and any other moneys applicable to its support, shall be...
- Section 40a:4-62.1 - Storm Recovery Reserves; Permitted, Rules, Regulations.
1. a. (1) A local unit may, by resolution, establish a storm recovery reserve. Unexpended balances budgeted annually for storm recovery may be lapsed...
- Section 40a:4-62.2 - Establishment Of Mosquito Control Reserve Fund.
1. a. A county board of chosen freeholders may, by resolution, establish a mosquito control reserve fund. Unexpended balances budgeted annually for mosquito control...
- Section 40a:4-63 - Money In Separate Funds Treated As Trust Funds
Moneys held in any separate fund shall be treated by the officers of the local unit as moneys held in trust for the purpose...
- Section 40a:4-64 - Tax Anticipation Notes
In any fiscal year, in anticipation of the collection of taxes for such year, whether levied or to be levied in such year, or...
- Section 40a:4-65 - Application Of Proceeds
The proceeds of the sale of tax anticipation notes, unless used to pay outstanding notes issued in anticipation of the collection of taxes of...
- Section 40a:4-66 - Limitation Of Amount
The amount of tax anticipation notes of any fiscal year outstanding at any 1 time shall not exceed an amount certified as the gross...
- Section 40a:4-67 - Limitation Of Maturity And Renewals
40A:4-67. Tax anticipation notes may be renewed from time to time, but all such notes and any renewals thereof shall mature, in the case...
- Section 40a:4-68 - Interest Rate
Tax anticipation notes shall bear interest at a rate not exceeding 6% per annum. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.
- Section 40a:4-69 - Form, Registration And Redemption
All tax anticipation notes may be in registered form or in coupon form with or without privileges of registration, and may be made redeemable...
- Section 40a:4-70 - Recital Of Borrowing Power; Authorization
In the text of each tax anticipation note there shall appear in substance the following recital: "This note is issued pursuant to the local...
- Section 40a:4-71 - Execution Of Notes Or Coupons
All tax anticipation notes shall be executed in the name of the local unit by such financial officer and by such other officer as...
- Section 40a:4-72 - Sale And Report Of Sale
All tax anticipation notes may be sold at not less than par and accrued interest at private sale without previous public offering, either by...
- Section 40a:4-73 - Conclusive Presumption Of Validity Of Proceedings And Notes
Unless a suit, action or proceeding questioning the authorization, sale or execution or otherwise questioning the validity of tax anticipation notes be begun prior...
- Section 40a:4-74 - Utility Anticipation Notes
40A:4-74. Any local unit which operates or owns a municipal public utility may, pursuant to resolution of the governing body passed by a majority...
- Section 40a:4-75 - Liability On Notes
The power and obligation of a local unit to pay any note or obligation issued pursuant to this chapter shall be unlimited and the...
- Section 40a:4-76 - Examination Of Budget
The director shall examine the budget filed in his office with reference to all estimates of revenue and to the following appropriations: a. Payment...
- Section 40a:4-77 - Scope Of Examination
The director shall determine upon the basis of information and data available whether: a. all estimates of revenue are reasonable, accurate and correctly stated;...
- Section 40a:4-78 - Approval Of Budget, Exemptions
40A:4-78. a. If the director finds that all requirements of law and of the regulations of the local government board have been met, he...
- Section 40a:4-79 - Certification Of Director
Immediately after the making of his examination of the budget, the director shall certify the results of his determination to the governing body. A...
- Section 40a:4-80 - Action On Disapproved Budget
If the budget is disapproved, a full statement of reasons with instructions for corrections of the budget shall be transmitted to the local unit...
- Section 40a:4-81 - Amendment Of Disapproved Budget
A governing body shall amend a disapproved budget in accordance with the instructions of the director except that the governing body may petition the...
- Section 40a:4-82 - Judicial Review Of Local Government Board's Determination
If an aggrieved party applies for judicial review of a final determination made by the local government board, the governing body shall, nevertheless, adopt...
- Section 40a:4-83 - Regulations By The Local Government Board And Director
The local government board and the director may make such rules and regulations as may be necessary to carry out the provisions of this...
- Section 40a:4-84 - Orders Of Director Binding
A final order of the director shall be binding upon the governing body and shall be complied with. The Superior Court may enforce the...
- Section 40a:4-85 - Power To Change Title Or Text Of Appropriation
The director may, at the request of the governing body, make such correction of the title, text or amount of any item of appropriation...
- Section 40a:4-86 - Correction Of Revenue Item
The director may correct an item of revenue appearing in any adopted budget if any law requires such correction or makes such correction advisable....
- Section 40a:4-87 - Special Items Of Revenue And Appropriations
40A:4-87. Special items of revenue and appropriations. The director may approve the insertion of any special item of revenue in the budget of any...
- Section 40a:4-88 - Filing Of Amendment, Correction In Local Budget
3. The governing body of a municipality that receives funds from the sale of tax sale certificates pursuant to section 2 of P.L.1993, c.113...
- Section 40a:4-89 - Issuance Of Notes.
3.Any municipality that has ended the previous budget year with a deficit in operations caused, whether in whole or in part, by obligations created...
- Section 40a:5-1 - Short Title
This chapter shall be known and may be cited as the "Local Fiscal Affairs Law" . L.1960, c. 169, s. 1, eff. Jan. 1,
- Section 40a:5-2 - Definitions
40A:5-2. As used in this chapter and any act amendatory to and supplementary thereto unless the context indicates otherwise: "local unit" means any county,...
- Section 40a:5-3 - Fiscal Year
40A:5-3. The fiscal year of every local unit shall be the period for which a local unit adopts a budget, as required pursuant to...
- Section 40a:5-4 - Annual Audit Required; Extensions
40A:5-4. The governing body of every local unit shall cause an annual audit of its books, accounts and financial transactions to be made and...
- Section 40a:5-5 - Scope Of Audit
Each audit shall embrace the books, accounts and transactions of the local unit and every board, body, officer or commission supported and maintained wholly...
- Section 40a:5-6 - Report Of Audit
Every such registered municipal accountant shall file the original report of his audit and recommendations with the clerk and shall, within 5 days thereafter,...
- Section 40a:5-7 - Publication Of Report And Recommendations
A synopsis of all audits, together with the recommendations made by the registered municipal accountant, shall be prepared and published by the clerk of...
- Section 40a:5-8 - Audit By Director
If any local unit does not carry out the provisions of this chapter by reason of the failure of the governing body thereof to...
- Section 40a:5-9 - Audit By Registered Municipal Accountant
Every audit required under this chapter shall be completed by an accountant or auditor who holds an uncanceled license as a registered municipal accountant...
- Section 40a:5-10 - Revocation Or Cancellation Of License
Upon proof that any registered municipal accountant shall have knowingly omitted to report any error, omission, irregularity, violation of law or discrepancy found in...
- Section 40a:5-11 - Advertising For Bids Unnecessary
No local unit shall be required to advertise for bids for any of the work performed pursuant to 40A:5-4. L.1960, c. 169, s. 1,...
- Section 40a:5-12 - Annual Financial Statement And Reports Of Local Unit
40A:5-12. The chief financial officer of each local unit shall file annually with the director a verified statement of the financial condition of the...
- Section 40a:5-13 - Annual Financial Statements By Boards, Committees And Commissions Of A Local Unit
40A:5-13. Every board, committee or commission of a local unit which by law is vested with power to expend public moneys, other than by...
- Section 40a:5-14 - Adoption Of Cash Management Plan.
40A:5-14. a. Each local unit shall adopt a cash management plan and shall deposit, or invest, or both deposit and invest, its funds pursuant...
- Section 40a:5-14.1 - Rules And Regulations
The Division of Local Government Services shall adopt rules and regulations to implement this act. The division may provide for a grace period of...
- Section 40a:5-14.2 - Findings, Declarations Relative To Investment Of Certain Municipal Funds.
1.The Legislature finds and declares: a.Elected municipal officials are the stewards for the property owned by the municipality. b.It is sometimes necessary or desirable...
- Section 40a:5-14.3 - Plan For Conducting Certain Transactions Involving Real Property In Certain Municipalities.
2. a. Whenever a municipality in which casino gaming is authorized intends to sell, assign, lease, or transfer ownership, or any other interest, in...
- Section 40a:5-14.4 - Application For Approval Of Plan Relative To Disposition Of Certain Assets.
3. a. The governing body of a municipality shall apply to the Local Finance Board on or before the 30th day prior to the...
- Section 40a:5-14.5 - Dedicated Trust Fund, Investment Oversight Board.
4. a. (1) Upon final approval of an ordinance by the municipal governing body pursuant to subsection c. of section 3 of P.L.2008, c.65...
- Section 40a:5-14.6 - Duties Of Investment Oversight Board.
5. a. An investment oversight board created pursuant to section 4 of P.L.2008, c.65 (C.40A:5-14.5), acting in consultation with the Director of the Division...
- Section 40a:5-14.7 - Responsibilities Of Investment Oversight Board Relative To Reports.
6. a. Every investment oversight board created pursuant to section 4 of P.L.2008, c.65 (C.40A:5-14.5) shall be responsible for keeping a record of all...
- Section 40a:5-14.8 - Annual Audit Of Dedicated Trust Funds.
7. a. The accounts of every dedicated trust fund established pursuant to subsection a. of section 4 of P.L.2008, c.65 (C.40A:5-14.5) shall be subject...
- Section 40a:5-14.9 - Rules, Regulations.
9.The Local Finance Board in the Department of Community Affairs may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act,"...
- Section 40a:5-14.10 - Effective Date.
10.This act shall take effect immediately and shall be retroactive with respect to resolutions for the sale, assignment, lease, transfer, or redevelopment of municipal...
- Section 40a:5-15 - Deposit Of Funds Paid To The Local Unit
All moneys, including moneys collected by taxation, received from any source by or on behalf of any local unit or any board or department...
- Section 40a:5-15.1 - Securities Which May Be Purchased By Local Units.
8.Securities which may be purchased by local units. a.When authorized by a cash management plan approved pursuant to N.J.S.40A:5-14, any local unit may use...
- Section 40a:5-15.2 - Record And Report Of Securities Received
When said securities are received by the local unit the chief financial officer shall duly record the receiving thereof in an appropriate manner and...
- Section 40a:5-15.3 - Securities Of Local Unit Purchased By It Not To Be Canceled; Sale Thereafter
Securities of a local unit purchased by it shall not be canceled but may be sold as and when directed by resolution adopted by...
- Section 40a:5-16 - - Local Unit, Requirements For Paying Out Moneys.
40A:5-16.The governing body of any local unit shall not pay out any of its moneys: a.unless the person claiming or receiving payment first presents...
- Section 40a:5-16.1 - Advances For Expenses Of Authorized Official Travel; Resolution; Verification; Repayment Of Excess
Notwithstanding the provisions of N.J.S. 40A:5-16, the governing body of any local unit may, by resolution, provide for and authorize payment of advances to...
- Section 40a:5-16.2 - Payment Of Advance To Nonprofit Organization Or Agency With Which Local Unit Has Service Contract; Resolution; Conditions
Notwithstanding the provisions of N.J.S. 40A:5-16, the governing body of any local unit may, by resolution, provide for and authorize payment of an advance...
- Section 40a:5-16.3 - Payment In Advance
Notwithstanding the provisions of N.J.S. 40A:5-16 the governing body of any local unit participating in a statutorily authorized joint, inter-local or other cooperative activity...
- Section 40a:5-16.4 - Issuance, Acceptance Of Purchase Order For License Or Permit Fee
Except as provided below, whenever a department, agency or bureau of the State requires that the fee for issuing a license or permit be...
- Section 40a:5-17 - Approval And Payment Of Claims And Required General Books Of Account
Approval and payment of claims and required general books of account. a. Approval of claims. The governing body shall approve or disapprove all claims....
- Section 40a:5-17.1 - Refund, Delinquency Of Less Than $10.00
1. a. Notwithstanding the provision of any law to the contrary, the governing body of a municipality may adopt a resolution authorizing a municipal...
- Section 40a:5-18 - Public Recording Of Approved Claims
All claims approved for payment by the local unit shall be recorded by the local unit, either in its minutes or in a manner...
- Section 40a:5-19 - Payment Of Salaries And Wages
The governing body of any local unit may provide by ordinance for the manner in which and the time at which salaries, wages or...
- Section 40a:5-20 - Officers To Deliver Funds And Records When Term Expires
Whenever any official ceases to hold office in any local unit, on the day of the expiration of his term of office, he shall...
- Section 40a:5-21 - Petty Cash Fund Of Local Unit
A local unit may establish a petty cash fund upon written application to and after approval by the director. All matters relating to the...
- Section 40a:5-22 - Investigation Of Expenditures Of Local Unit
A judge of the Superior Court may, in his discretion, make a summary investigation into the affairs of any local unit and appoint an...
- Section 40a:5-23 - Costs, Taxation And Payment Bond
The judge, if he deems it advisable, may require the applicants to furnish a bond to be filed with the county clerk for the...
- Section 40a:5-24 - Filing And Publication Of Report Of Investigation
The results or report of the investigation shall be filed in the office of the Clerk of the Superior Court within 10 days after...
- Section 40a:5-25 - Attorney Of Local Unit May Appear On Its Behalf
Whenever an investigation shall have been ordered to be made pursuant to this chapter, and the governing body of the local unit shall pass...
- Section 40a:5-26 - Subpoenas And Testimony Of Witnesses
A judge of the Superior Court during the conduct of an investigation pursuant to this chapter may a. upon his own motion or upon...
- Section 40a:5-27 - Witness Fees And Mileage Taxed As Costs
Witnesses subpoenaed by virtue of this chapter shall be entitled to receive the same fees and mileage as witnesses in civil actions. L.1960, c....
- Section 40a:5-28 - Duty Of Officers And Employees Of Local Unit
Every officer and employee of a local unit, which is the subject of a summary investigation as provided in this chapter, shall obey all...
- Section 40a:5-29 - Acceptance Of Bequests, Legacies, Gifts
Any local unit is authorized and empowered to accept bequests, legacies and gifts made to it and is empowered to utilize such bequests, legacies...
- Section 40a:5-30 - Acceptance Of Federal Grants
Any local unit shall have power to accept any advance or grant of money made by the Federal government to aid in financing the...
- Section 40a:5-30.1 - Findings, Declarations Relative To The "1033 Program."
1.The Legislature finds and declares that: a.Federal law permits the Secretary of the United States Department of Defense to transfer to federal and State...
- Section 40a:5-30.2 - Approval Of Application For Enrollment In Program.
2. a. An application for the enrollment of a county or municipal law enforcement agency in any program established by the United States Department...
- Section 40a:5-31 - Award Programs For Local Units
Any local unit may establish and maintain plans for award programs for employees, designed to promote efficiency and economy in government functions, to reward...
- Section 40a:5-32 - Reimbursement
Whenever any work shall be done or money expended by any local unit, whether by agreement or by the terms of any insurance policy,...
- Section 40a:5-33 - Oath Taken Before Assuming Office
In addition to any oath that may be specially prescribed, every person elected or appointed to any office in any local unit shall, before...
- Section 40a:5-34 - Bonds Of Officials And Employees
Every officer or employee, by virtue of his office or position, or of any law, entrusted or charged with the receipt, custody or expenditure...
- Section 40a:5-34.1 - Blanket Bond Coverage Provided For Certain Local Officers, Employees; Evidence.
1.The board of chosen freeholders of any county or the governing body of any municipality, as the case may be, may provide by blanket...
- Section 40a:5-35 - Recording Of Bonds
The local unit may require such bonds, or any of them, to be recorded in the office of the clerk of the county and...
- Section 40a:5-36 - Protection To Be Afforded By Bond.
40A:5-36. Every bond given by a municipal court judge or administrator of a municipal court as hereinafter provided shall be for the protection of...
- Section 40a:5-37 - Condition Of Bond Broken
40A:5-37. Upon application to the Superior Court by a citizen and taxpayer thereof, alleging that the condition of the bond of any officer, member...
- Section 40a:5-38 - Rules And Regulations.
40A:5-38. The Local Finance Board may prescribe rules and regulations pertaining to the bonds of municipal court judges and municipal court administrators consistent with...
- Section 40a:5-39 - Fixing Of Bond In Excess Of Minimum Amount.
40A:5-39. The governing body of any municipality authorized by law to fix the amount of any bond given by a municipal court judge or...
- Section 40a:5-41 - Classification System For Purpose Of Determining Amount Of Bond; Minimum Amount
In establishing the said classification system, the board shall utilize audits made by it or under its supervision and also the reports of the...
- Section 40a:5-42 - Purchase And Retirement Of Outstanding Bonds; Procedure; Duties Of Local Finance Board
Any local unit, by resolution adopted by vote of at least two-thirds of the full membership of the governing body, may at any time...
- Section 40a:5-43 - Short Title
1. This act shall be known and may be cited as the "Government Electronic Payment Acceptance Act." L.1995,c.325,s.1.
- Section 40a:5-44 - Definitions Relative To Card Or Other Electronic Based Payments
2. As used in this act: "Association" means an organization whose members are issuers. "Cardholder" means the person or organization named on the face...
- Section 40a:5-45 - Electronic Payment Systems Established By Resolution Of Governing Body
3. Subject to the provisions of sections 5 and 6 of P.L.1995, c.325 (C.40A:5-47 and C.2B:1-5), a local unit may establish a card payment...
- Section 40a:5-46 - Service Charges; Collection, Assessment
4. Notwithstanding the provisions of any other law to the contrary and if not legally prohibited by an association or by an issuer, local...
- Section 40a:5-47 - Rules, Regulations
5. The director, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate such rules and regulations...
- Section 40a:5-48 - "User-friendly," Plain Language Budget Summary Forms.
39. a. The Local Finance Board shall promulgate "user-friendly," plain language budget summary forms for the use of counties, municipalities, local authorities, and fire...
- Section 40a:5-49 - Public Meeting When Resolution Proposed To Establish, Modify Employee Compensation.
40.Whenever the governing body of a local unit proposes a resolution, or other action that will establish or modify the salaries, benefits, or other...
- Section 40a:5-50 - Rules, Regulations.
41.Not later than the first day of the sixth month next following the enactment of sections 38 through 41 of P.L.2007, c.63 (C.40A:5-48 et...
- Section 40a:5a-1 - Short Title
This act shall be known and may be cited as the "Local Authorities Fiscal Control Law." L.1983, c. 313, s. 1.
- Section 40a:5a-2 - Legislative Findings And Declarations
The Legislature declares it to be in the public interest of the citizens of this State to maintain, support, foster, and promote the financial...
- Section 40a:5a-3 - Definitions
3. As used in this act: a. "Authority" means a body, public and corporate, created by one or more municipalities or counties pursuant to...
- Section 40a:5a-4 - Local Authorities; Creation; Application For Approval
On and after the effective date of this act, no authority shall be created by any local unit or units without the prior approval...
- Section 40a:5a-5 - Approval Or Disapproval Of Application
The Local Finance Board shall, within 60 days of its receipt of an application pursuant to section 4 of this act, approve in writing...
- Section 40a:5a-6 - Review Of Financing.
6.Prior to the adoption of a bond resolution by an authority, or the adoption of an ordinance or resolution of a local unit or...
- Section 40a:5a-7 - Hearings; Findings
At the time of submission of the proposed project financing to the Local Finance Board, the authority shall notify each participating local unit of...
- Section 40a:5a-8 - Recommendations
The Local Finance Board may recommend in its findings with respect to a proposed project financing: a. That the debt service reserve fund in...
- Section 40a:5a-9 - Authorization For Local Units To Incur Indebtedness And Issue Obligations
To the extent not otherwise provided for in Title 40 of the Revised Statutes or Title 40A of the New Jersey Statutes and in...
- Section 40a:5a-10 - Submission Of Budget.
10. a. Each authority shall submit a budget for each fiscal year to the director prior to its adoption thereof. The budget shall comply...
- Section 40a:5a-11 - Approval Of Budget.
11.No authority budget subject to the provisions of subsection a. of section 10 of P.L.1983, c.313 (C.40A:5A-10) shall be finally adopted until the director...
- Section 40a:5a-11.1 - "Local Authority."
44.As used in this section, "local authority" means an "authority" as defined under the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.)....
- Section 40a:5a-12 - Funding Of Deficit
The Local Finance Board shall have the power, in the case of a service contract between an authority and a local unit or units,...
- Section 40a:5a-12.1 - Local Authorities, Certain, Appropriation, Transfer Of Surplus Funds To Local Units.
1.To the extent there is available an undesignated fund balance or unreserved retained earnings held by an authority that is subject to the provisions...
- Section 40a:5a-13 - Authority Temporary Funding Notes
To the extent not otherwise provided for by law, an authority is authorized and shall have the power to issue obligations to be designated...
- Section 40a:5a-14 - Deficit Funding Notes
If the issuance of "Authority Temporary Funding Notes" is not permitted by the terms of a bond resolution, then the local unit or units,...
- Section 40a:5a-15 - Annual Audit
Notwithstanding the provisions of N.J.S. 40A:5-1 et seq., each authority shall cause an annual audit of its accounts to be made, and for this...
- Section 40a:5a-16 - Synopsis Of Audit; Publication
A synopsis of the annual audit shall be prepared by the chairman of the authority and published at least once in a newspaper circulating...
- Section 40a:5a-17 - Certification Of Review Of Audit.
17.The members of the governing body of each authority shall, within 45 days of receipt of the annual audit, certify by resolution to the...
- Section 40a:5a-17.1 - Authority, Certain, Maintenance Of Internet Website, Webpage; Contents.
7.Any authority subject to the provisions of chapter 5A of Title 40A of the New Jersey Statutes shall maintain either an Internet website or...
- Section 40a:5a-18 - Financial Difficulty Of Authority; Hearing; Audit Or Investigation
If at any time, as a result of exercising his responsibilities under this act, the director has reason to believe that an authority is...
- Section 40a:5a-19 - Order Implementing Financial Plan To Alleviate Financial Difficulties
If the Local Finance Board determines that financial difficulties exist which (1) jeopardize the payment of operating expenses and debt service on obligations of...
- Section 40a:5a-20 - Dissolution Of Authority By Local Unit
20. Notwithstanding the provisions of any other law to the contrary, the governing body of a local unit which has established an authority shall...
- Section 40a:5a-21 - Ordering Of Dissolution
The Local Finance Board may order the dissolution of a local authority if, after holding a hearing consistent with section 18 of this act,...
- Section 40a:5a-22 - Papers Connected With, Used Or Filed With Authority Considered Public Records
Records of minutes, accounts, bills, vouchers, contracts or other papers connected with or used or filed with any authority or with any officer or...
- Section 40a:5a-23 - Examination Of Accounts And Books By State Auditor
Notwithstanding the provisions of any law to the contrary, the State Auditor or his legally authorized representative may examine the accounts and books of...
- Section 40a:5a-24 - Temporary Obligations
Notwithstanding any other law to the contrary, any authority, in anticipation of the issuance of bonds, may borrow money and issue temporary obligations if...
- Section 40a:5a-25 - Increases In Charges Of Utility When Faced With Financial Difficulties; Hearing
If the Local Finance Board has reason to believe that a municipal public utility is faced with financial difficulty, it shall have the power...
- Section 40a:5a-26 - Rules And Regulations; Inapplicability Of Act To Powers Of Local Finance Board Under P. L.1947, C. 151
a. The Local Finance Board is authorized to adopt, amend and repeal rules and regulations to effectuate the purposes of this act. b. This...
- Section 40a:5a-27 - Actions To Be Consistent With Bond Resolution, Service Contract
The Local Finance Board, the director, and local units and local authorities shall not act under this act in a manner inconsistent with a...
- Section 40a:6-1 - Classification Of Counties For Legislative Purposes
40A:6-1. For legislative purposes, counties are classified as follows based upon their population as ascertained by the most recent federal decennial census: a.First class--counties...
- Section 40a:6-2 - When Change In Classification Effective
Whenever the classification of any county is changed by reason of increase of population as shown by any future federal decennial census, the change...
- Section 40a:6-3 - Governing Bodies Unaffected
Nothing in this article shall be construed to reduce the membership of any county governing body. L.1979, c. 181, s. 1, eff. Aug. 29,
- Section 40a:6-4 - Classification Of Cities For Legislative Purposes
For legislative purposes, cities shall be classified as follows based upon population as ascertained by the most recent Federal decennial census: a. First class--cities...
- Section 40a:6-5 - Reference In Laws To Designated Classes; Notice To Courts
It shall be sufficient in any law to refer to the classification of cities as designated in N.J.S. 40A:6-4, and such law shall be...
- Section 40a:6-6 - Time When Census Shall Affect Classification
A federal decennial census shall take effect and be applicable to the classification of all cities within 90 days after its official promulgation pursuant...
- Section 40a:6-7 - City Becoming Member Of Another Class To Be Governed By Laws Applicable To Such Class
When any city becomes, by reason of its population, a member of another class in accordance with the classification above referred to, the laws...
- Section 40a:6-8 - Statutes Repealed
The following sections, chapters and acts, together with all amendments and supplements thereto, are hereby repealed: Revised Statutes Sections: R.S. 40:17-1 to 40:17-4 inclusive;...
- Section 40a:7-1 - Law Applicable In Annexed Territory
When part of one county is annexed to or consolidated with another county under any law, all laws, general, local or special, affecting the...
- Section 40a:7-2 - Rights Of Citizens
All residents in the territory annexed shall immediately become residents of the county to which the territory is annexed. L.1979, c. 181, s. 2,...
- Section 40a:7-3 - Liability For Indebtedness
The county to which part of the territory of another county is annexed shall be liable to pay such proportionate part of the indebtedness...
- Section 40a:7-4 - Joint Committee Of The Governing Body Members To Ascertain Indebtedness
On the third Monday after the annexation or consolidation takes effect, a committee consisting of three members of the governing body of the county...
- Section 40a:7-5 - Committee To Ascertain And Report Amount Of Indebtedness Paid By Annexing County
At the meeting the committee shall proceed to ascertain a. the entire amount of the indebtedness of the county from which the annexed territory...
- Section 40a:7-6 - Making And Filing Report; Effect
The committee shall make a report within 60 days after the time fixed for their first meeting of their determinations in duplicate. One duplicate...
- Section 40a:7-7 - Decision Of Majority Final; Members Present To Act; Adjournments
In ascertaining the necessary facts and in making the report, the decision of four members of the committee shall be final. If any member...
- Section 40a:7-8 - Failure To Make Report; Application To Superior Court; Commission Appointed; Report And Compensation
If the report is not made and filed within the time fixed in N.J.S. 40A:7-6, the county to which the territory is annexed shall...
- Section 40a:7-9 - Continuation Of Officers
All county officers living in the territory annexed to another county shall continue in office until the expiration of their respective terms, and all...
- Section 40a:7-10 - Collection Of Unpaid Taxes
All taxes for county purposes levied or assessed and uncollected in the annexed territory prior to the time when the annexation shall take effect...
- Section 40a:7-11 - Suits And Other Legal Proceedings Unaffected
All actions, appeals, prosecutions and other legal proceedings pending in a court or before any tribunal having jurisdiction within the county from which the...
- Section 40a:7-12 - Annexation; Petition And Contents
Land in one municipality may be annexed to another municipality to which said land is contiguous. To effect such annexation, a petition in writing...
- Section 40a:7-12.1 - Refusal To Annex; Judicial Review; Burden Of Proof
In any judicial review of the refusal of the governing body of the municipality in which the land is located or the governing body...
- Section 40a:7-13 - Ordinance Of Annexing Municipality; Wards; Limitation On Municipal Boundaries
The governing body of the municipality to which land is sought to be annexed may, in its discretion, by ordinance adopted by a two-thirds...
- Section 40a:7-14 - Law Applicable; Copy Of Ordinance Filed
Upon the ordinance becoming effective, the land described in the petition shall become a part of the municipality to which it is annexed, and...
- Section 40a:7-15 - Land Plotted On Municipal Map
The governing body of the municipality to which the land is annexed shall forthwith cause the annexed land to be plotted upon the official...
- Section 40a:7-16 - Rights Of Residents After Annexation
After annexation has become effective, all persons residing within the annexed territory shall become residents of the annexing municipality. They shall have the same...
- Section 40a:7-17 - Indebtedness Of Annexed Municipality Apportioned
The municipality to which the territory shall be annexed, shall be liable to pay a proper proportion of the bonded and other indebtedness of...
- Section 40a:7-18 - Joint Committee To Apportion Property And Indebtedness
On the Monday after the annexation becomes effective, a committee of three to be appointed by the governing body of the municipality to which...
- Section 40a:7-19 - Payment Of Indebtedness
The credit of the municipality to which the territory has been annexed shall stand pledged for the final payment of the indebtedness so apportioned...
- Section 40a:7-20 - Decision Of Majority Final; Members Present To Act; Adjournments
In ascertaining the necessary facts and in making the report, the decision of four members of the committee shall be final. If any member...
- Section 40a:7-21 - Joint Committee Report Filed; Compensation Of Committeemen
The committees shall make their report, in duplicate originals, signed by at least four committeemen, within 60 days after the time fixed for their...
- Section 40a:7-22 - Failure To Make Report; Application To Superior Court; Commission Appointed; Report And Compensation
If the report is not made and filed within the time fixed in N.J.S. 40A:7-21, the municipality to which the territory is annexed shall...
- Section 40a:7-23 - Effect On Constables
All constables, resident within the territory annexed, shall continue to hold their respective offices until the expiration of their respective terms. L.1979, c. 181,...
- Section 40a:7-24 - Annexation Of Adjacent Municipally-owned Unoccupied Land
Whenever any municipality has acquired or shall acquire lands situated in another municipality for public use, consisting of one or more tracts which together...
- Section 40a:7-25 - Actions Pending Unaffected; Collection Of Unpaid Taxes
Nothing contained in this subarticle shall affect any actions or suits which shall be pending at the time of any annexation of territory, and...
- Section 40a:7-26 - Procedure
When a public road or street lying wholly within a municipality adjoins the boundary line of another municipality, the public road or street to...
- Section 40a:7-27 - Recording Copy Of Proceedings
Upon the annexation of part of any public road or street as provided in N.J.S. 40A:7-26, the clerk of the municipality to which such...
- Section 40a:7-28 - Statutes Repealed
The following statutes, acts and sections, together with all amendments and supplements thereto, are hereby repealed: Revised Statutes sections: R.S. 40:18-23 to 40:18-32 inclusive;...
- Section 40a:9-1.1 - Director Of Safety; Appointment Of Non-resident; Ordinance
Notwithstanding the provisions of N.J.S. 40A:9-1 or any other law to the contrary, the governing body of any municipality may, by ordinance, appoint to...
- Section 40a:9-1.2 - Municipal Treasurer; Appointment Of Nonresident; Ordinance
Notwithstanding the provisions of N.J.S. 40A:9-1 or any other law to the contrary, the governing body of any municipality may, by ordinance, appoint to...
- Section 40a:9-1.3 - Bona Fide Residents Of Local Unit; Officers And Employees; Resolution Or Ordinance
Unless otherwise provided by law, the governing body of any local unit may by resolution or ordinance, as appropriate, require, subject to the provisions...
- Section 40a:9-1.4 - Eligibility Of Applicants In Local Units Subject To Civil Service
Any local unit having adopted the provisions of Title 11 (Civil Service) of the Revised Statutes, which has also adopted the provisions of section...
- Section 40a:9-1.5 - Nonresident Appointees To Become Bona Fide Residents; Failure To Maintain; Grounds For Removal Or Discharge
The governing body of a local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of...
- Section 40a:9-1.6 - Unavailability Of Qualified Residents For Available Specific Positions Or Employments; Appointment Of Other Qualified Applicants; Preference Schedule; Conditions Of Employment; Notice To And Classification By Civil Service Commission
Any local unit which has adopted an ordinance or resolution, as the case may be, pursuant to section 1 of this act, shall provide...
- Section 40a:9-1.7 - Specific Positions And Employments Requiring Special Talents Or Skills; Filling Without Reference To Residency
Any local unit adopting the provisions of section 1 of this act shall provide in the adopting ordinance or resolution, as the case may...
- Section 40a:9-1.8 - Preference In Promotion
Any local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of this act shall give...
- Section 40a:9-1.9 - Application Of Act On And After Effective Date
The provisions of this act shall apply to all residency requirements adopted on and after the effective date of this act. Nothing herein shall...
- Section 40a:9-1.10 - Preemption Of Order Of Court Or Of State Or Federal Agency To Eliminate Discrimination
Any requirements concerning eligibility, appointment or promotion contained in any ordinance or resolution adopted pursuant to this act shall be subject to any order...
- Section 40a:9-1.11 - Definitions
As used in this act: a. "Candidate" means any person who shall file, or cause to have filed, a petition of nomination for election,...
- Section 40a:9-1.12 - Local Elective Office; Residency Requirement; Vacancy Upon Cessation Of Residency
No person shall be a candidate for, nor hold, any local elective office unless he is a resident of the local unit to which...
- Section 40a:9-1.13 - Eligibility For Candidacy Or Appointment To Local Elective Office
Except as provided in section 9 of this act, no person shall, on or after the effective date of this act, be eligible to...
- Section 40a:9-1.14 - Inapplicability Of S. 40a:9-1.13 To Special Municipal Charters
Nothing contained in section 3 of this act shall affect the provisions of any special municipal charter heretofore provided by the Legislature and adopted...
- Section 40a:9-1.15 - Residency Requirement Waiver
Any municipal ordinance which requires that employees of a municipal water works be municipal residents shall include a provision which permits the municipality to...
- Section 40a:9-1.16 - Hiring Preferences For Veterans.
1.In addition to the veteran's preferences provided for in N.J.S.40A:14-122.6 and N.J.S.40A:14-129, a county or municipality wherein Title 11 (Civil Service) of the Revised...
- Section 40a:9-2 - Appointees To Have The Required Qualifications In Cases Of Scientific Engineering Skill
No person shall be appointed to or hold any office in a county or municipality in cases where scientific engineering skill is necessary, unless...
- Section 40a:9-3 - Discrimination By Reason Of Age; Exceptions
The board of chosen freeholders of any county, or the governing body of any municipality shall not make any rules or regulations designed to...
- Section 40a:9-4 - Dual Office Holding.
40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office. (2)It shall be...
- Section 40a:9-5 - Rights Of Certain Employees Transferred To Other Positions
Whenever heretofore or hereafter a transfer has been or shall be effected by appointment, assignment or promotion of a municipal employee to any other...
- Section 40a:9-6 - De Facto Officers And Employees; Right To Compensation
Any person who has held or who may hereafter hold, de facto, any office or position in the public service of any county or...
- Section 40a:9-7 - Leaves Of Absence With Pay To Certain Officers And Employees
The board of chosen freeholders of any county, by resolution, or the governing body of any municipality, by ordinance, may provide for granting leaves...
- Section 40a:9-7.1 - Leaves Of Absence; Athletic Competition On World, Pan American Or Olympic Level; Reimbursement By State
Any county or municipal employee who qualifies as a member of the United States team for athletic competition on the world, Pan American or...
- Section 40a:9-7.2 - Leave Of Absence For Members Of Legislature
Any person employed by any county, municipality, or agency thereof who is a member of the Senate or General Assembly of the State of...
- Section 40a:9-7.3 - Unpaid Leaves Of Absence For Union Officers, Representatives Of Certain Public Employees.
2.Any employee, except a policeman or firefighter, elected or appointed as an officer or representative of a local, county or State labor organization which...
- Section 40a:9-8 - Salaries; Power Of Civil Service Commission
Any county or municipality operating under the provisions of subtitle 3 of Title 11 (Civil Service) of the Revised Statutes may request the Civil...
- Section 40a:9-9 - Appointments; Permanent And Temporary
In addition to the officers and employees whose appointment is specifically provided for by law, the board of chosen freeholders of the county or...
- Section 40a:9-9.1 - Oath Of Office Administered.
1. a. Notwithstanding the provisions of R.S.41:2-1, concerning persons authorized to administer oaths and affirmations, the chairperson of an authority, board or commission of...
- Section 40a:9-9.2 - Directory Of Local Authorities, Boards, Commissions.
2. a. (1) The clerk of the municipality, or other official designated by the governing body, shall compile and maintain, on an ongoing basis,...
- Section 40a:9-10 - Compensation; Exceptions
Except as otherwise provided by law, the board of chosen freeholders of the county or the governing body of the municipality shall fix the...
- Section 40a:9-10.1 - Contracts For Lesser Salaries, Wages Or Compensation
The board of chosen freeholders of any county or the governing body of any municipality may enter into a contract with any officer or...
- Section 40a:9-10.2 - Payment For Accumulated Sick Leave By Political Subdivision, Noncivil Service.
43.Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has...
- Section 40a:9-10.3 - Use Of Accumulated Vacation Leave By Political Subdivision, Noncivil Service.
45.Notwithstanding any law or any rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an...
- Section 40a:9-10.4 - Cap On Compensation For Unused Sick Leave Not Covered By Title 11a.
2.Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has...
- Section 40a:9-10.5 - Use Of Accrued Vacation Leave By Employee Not Covered Under Title 11a.
4.Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority,...
- Section 40a:9-11 - Vacancy Due To Change To Nonresident Status Or Upon Resignation; Filling; Municipal Offices Open To Nonresidents
Whenever a county or municipal officer, who is required to be a resident shall cease to be a bona fide resident of the county...
- Section 40a:9-12 - Vacancy From Any Cause Other Than Expiration Of Term Or Filing Of Petition For Recall
In any county or municipality, whenever a vacancy in office occurs from any cause other than expiration of the term of office or the...
- Section 40a:9-12.1 - Vacancy Deemed On Resignation, Incapacity, Death, Residence, Absence, Or Removal; Filling Unexpired Term.
1.The office of any person appointed to a specified term, with or without compensation, by the governing body or chief executive of any local...
- Section 40a:9-17 - Deductions For Payment To Credit Unions, Or To Insurance Companies Or Banks, Savings Banks Or Savings And Loan Associations For Individual Retirement Annuity Or Account
Whenever any person holding public office, position or employment, whose compensation is paid by any county or municipality or by any board, body, agency...
- Section 40a:9-17.1 - Individual Retirement Accounts; Establishment For Employees And Their Spouses
Any county or municipal government or any board, body, agency or commission thereof may establish individual retirement accounts, as defined by section 408(a) of...
- Section 40a:9-17.2 - Transmittal, Crediting Of Funds To Purchase Annuity For Employees.
5.Amounts payable by a unit of local government which has entered into an agreement with any of its employees under which the employee agrees...
- Section 40a:9-18 - Awards Program; Appropriations
The board of chosen freeholders of any county or the governing body of any municipality may, by resolution, establish an awards program or programs...
- Section 40a:9-19 - Section 40:11-17 Of The Revised Statutes Saved From Repeal
Section 40:11-17 of the Revised Statutes is saved from repeal. [This section of the Revised Statutes saved from repeal by this section provides that...
- Section 40a:9-20 - Chapter 181 Of The Laws Of 1940 Saved From Repeal
Chapter 181 of the laws of 1940 (C. 40:11-17.1) is saved from repeal. [The act saved from repeal by this section provides that the...
- Section 40a:9-22 - Statutes Repealed
The following sections, acts and parts of acts, together with all amendments and supplements thereto, are hereby repealed. Revised Statutes Sections 40:11-1 amended 1953,...
- Section 40a:9-22.1 - Short Title
This act shall be known and may be cited as the "Local Government Ethics Law." L.1991,c.29,s.1.
- Section 40a:9-22.2 - Findings, Declarations
The Legislature finds and declares that: a. Public office and employment are a public trust; b. The vitality and stability of representative democracy depend...
- Section 40a:9-22.3 - Definitions.
3.As used in this act: a."Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs;...
- Section 40a:9-22.4 - Local Finance Board To Have Jurisdiction
4. The Local Finance Board in the Division of Local Government Services in the Department of Community Affairs shall have jurisdiction to govern and...
- Section 40a:9-22.5 - Provisions Requiring Compliance By Local Government Officers, Employees
Local government officers or employees under the jurisdiction of the Local Finance Board shall comply with the following provisions: a. No local government officer...
- Section 40a:9-22.6 - Annual Financial Disclosure Statement.
6. a. Local government officers shall annually file a financial disclosure statement. All financial disclosure statements filed pursuant to P.L.1991, c.29 shall include the...
- Section 40a:9-22.7 - Powers Of Local Finance Board
With respect to its responsibilities for the implementation of the provisions of this act, the Local Finance Board shall have the following powers: a....
- Section 40a:9-22.8 - Request For Advisory Opinion From Local Finance Board
A local government officer or employee not regulated by a county or municipal code of ethics may request and obtain from the Local Finance...
- Section 40a:9-22.9 - Response By Local Finance Board To Written Complaint
The Local Finance Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or...
- Section 40a:9-22.10 - Violations, Penalties.
10. a. An appointed local government officer or employee found guilty by the Local Finance Board or a county or municipal ethics board of...
- Section 40a:9-22.11 - Disciplinary Actions Against Officer, Employee Found Guilty Of Violation
The finding by the Local Finance Board or a county or municipal ethics board that an appointed local government officer or employee is guilty...
- Section 40a:9-22.12 - Conducting Of Hearings
All hearings required pursuant to this act shall be conducted in conformity with the rules and procedures, insofar as they may be applicable, provided...
- Section 40a:9-22.13 - Establishment Of County Ethics Board
a. Each county of the State governed under the provisions of P.L.1972, c.154 (C.40:41A-1 et seq.) may, by ordinance, and the remaining counties may,...
- Section 40a:9-22.14 - Provision Of Offices To County Ethics Board
a. The governing body of the county shall provide the county ethics board with offices for the conduct of its business and the preservation...
- Section 40a:9-22.15 - County Code Of Ethics Established
Within 90 days after the establishment of a county ethics board, that ethics board shall promulgate, by resolution, a county code of ethics for...
- Section 40a:9-22.16 - Powers Of County Ethics Board
A county ethics board shall have the following powers: a. To initiate, receive, hear and review complaints and hold hearings with regard to possible...
- Section 40a:9-22.17 - Request For Advisory Opinion From County Ethics Board
A local government officer or employee serving the county may request and obtain from the county ethics board an advisory opinion as to whether...
- Section 40a:9-22.18 - Response By County Ethics Board To Written Complaint
The county ethics board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or...
- Section 40a:9-22.19 - Establishment Of Municipal Ethics Board
a. Each municipality of the State may, by ordinance, establish a municipal ethics board consisting of six members who are residents of the municipality,...
- Section 40a:9-22.20 - Provision Of Offices To Municipal Ethics Board
a. The governing body of the municipality shall provide the municipal ethics board with offices for the conduct of its business and the preservation...
- Section 40a:9-22.21 - Municipal Code Of Ethics Established
Within 90 days after the establishment of a municipal ethics board, that ethics board shall promulgate by resolution a municipal code of ethics for...
- Section 40a:9-22.22 - Powers Of Municipal Ethics Board
A municipal ethics board shall have the following powers: a. To initiate, receive, hear and review complaints and hold hearings with regard to possible...
- Section 40a:9-22.23 - Request For Advisory Opinion From Municipal Ethics Board
A local government officer or employee serving the municipality may request and obtain from the municipal ethics board an advisory opinion as to whether...
- Section 40a:9-22.24 - Response By Municipal Ethics Board To Written Complaint
The municipal ethics board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or...
- Section 40a:9-22.25 - Written Materials To Be Preserved For At Least Five Years
All statements, complaints, requests or other written materials filed pursuant to this act, and any rulings, opinions, judgments, transcripts or other official papers prepared...
- Section 40a:9-23 - Eligibility Of Members Of The Board Of Chosen Freeholders For Other Offices Or Positions; Conditions; Exceptions
No member of a board of chosen freeholders during the term for which he is elected shall be eligible for appointment to any office...
- Section 40a:9-23.1 - Term Of Appointment Of Member Of County Governing Body To Other Public Entity
1. Notwithstanding the provisions of any law, rule or regulation to the contrary, whenever an elected member of a county governing body is appointed...
- Section 40a:9-24 - Resignation Of Officers
Any elective county officer desirous of resigning shall send his resignation, in writing, to the Governor. All such resignations shall be filed in the...
- Section 40a:9-25 - Removal Of Officers And Employees; Procedure; Review
In any county wherein Title 11 (Civil Service) of the Revised Statutes is not operative and unless otherwise provided by law, any officer or...
- Section 40a:9-26 - Clerk Of Board Of Chosen Freeholders; Term; Duties; Tenure; Removal
The board of chosen freeholders of each county shall appoint a clerk to the board for a term of 3 years. He shall keep...
- Section 40a:9-27 - Treasurer; Term; Duties
The board of chosen freeholders of each county shall appoint a county treasurer for a term of 3 years. Except as otherwise provided by...
- Section 40a:9-28 - Comptroller; Term; Duties
The board of chosen freeholders of any county may, by resolution, create the office of county comptroller and fix his duties and compensation. The...
- Section 40a:9-28.1 - Definitions
1. As used in this act: "Chief financial officer" means the official appointed to be responsible for the proper financial administration of the county...
- Section 40a:9-28.2 - Annual Examinations; Certificates; Fees
2. a. The director shall hold examinations annually, and at such times as he may determine appropriate for certification of county finance officers. An...
- Section 40a:9-28.3 - Renewal Of Certificates; Fee; Continuing Education; Mitigating Circumstances.
3. a. Commencing July 1, 1995, all county finance officer certificates shall be renewed upon application, payment of the required fee of $50 and...
- Section 40a:9-28.4 - Appointment Of Chief Financial Officer
4. a. Notwithstanding the provisions of any law to the contrary, in every county there shall be a chief financial officer appointed in the...
- Section 40a:9-28.5 - Interim Officers Appointed By Director
5. A county finance officer certificate may be issued without fee by the director to any employee of the Division of Local Government Services...
- Section 40a:9-28.6 - Revocation, Suspension Of Certificate
6. Any county finance officer certificate may be revoked or suspended by the director for dishonest practices or willful or intentional failure, neglect or...
- Section 40a:9-28.7 - Regulations, Forms, Procedures
7. The director is authorized to adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such regulations, forms and procedures...
- Section 40a:9-29 - Auditor; Term; Duties
The board of chosen freeholders of any county may appoint a county auditor to exercise supervision over the expenditure and receipt of moneys of...
- Section 40a:9-30 - Purchasing Agent; Term, Duties.
40A:9-30. The board of chosen freeholders of any county may appoint a purchasing agent for a term of three years and authorize him to...
- Section 40a:9-30.1 - Definitions
As used in this act: a. "Director" means the Director of the Division of Local Government Services; b. "Purchasing agent" or "director of purchasing"...
- Section 40a:9-30.2 - Certified County Purchasing Official; Application For Certification
Commencing on the effective date of this act, the director shall accept applications for certification as "certified county purchasing official." An applicant shall present...
- Section 40a:9-30.3 - Certificate; Issuance; Fee
Upon finding by the director that the applicant has met the qualifications as set forth in section 2 of this act, a certificate shall...
- Section 40a:9-30.4 - Revocation Or Suspension Of Certificate; Request For Review By Board Of Chosen Freeholders Or Executive
Any certified county purchasing official certificate may be revoked or suspended by the director for dishonest practices, or willful or intentional failure, neglect or...
- Section 40a:9-31 - General Storekeeper; Term; Duties
The board of chosen freeholders of any county may appoint a general storekeeper for a term of 3 years. The storekeeper shall be responsible...
- Section 40a:9-32 - Superintendent Of Buildings And Grounds; Appointment; Bond
In any county the governing body, by resolution or ordinance, as appropriate, may provide for the appointment of a county superintendent of buildings and...
- Section 40a:9-34 - Superintendent Of Child Welfare; Tenure Of Office In Certain Cases
Any superintendent of child welfare in a county with a population between 350,000 and 600,000, having been connected with the welfare department of the...
- Section 40a:9-35 - Executive Director Of Department Of Institutions Of County Of Fifth Class; Tenure
Any person now holding office, position or employment as the executive director of the department of institutions of a county of the fifth class...
- Section 40a:9-42 - County Administrator
40A:9-42. The board of chosen freeholders of any county, other than a county having adopted a form of government pursuant to the provisions of...
- Section 40a:9-43 - Counsel; Engineer; Appointment; Term
In every county the board of chosen freeholders shall appoint a county counsel and a county engineer. The term of office of the county...
- Section 40a:9-44 - Road Supervisor; Appointment; Term
The board of chosen freeholders of any county, by resolution, may provide for the appointment of a county road supervisor and fix his compensation....
- Section 40a:9-46 - Medical Examiners
In every county the board of chosen freeholders shall appoint a county medical examiner or join in the appointment of an intercounty medical examiner...
- Section 40a:9-47 - Assistant Medical Examiners, Qualifications; Toxicologists, Scientific Experts, Clerical Assistants And Other Personnel
The county medical examiner of any county may, subject to the approval of the board of chosen freeholders, appoint such assistant medical examiners of...
- Section 40a:9-48 - Appointment Of Licensed Physician To Act In Certain Cases
If the county medical examiner is unable to perform any duty imposed upon him as such medical examiner, by law, he may appoint a...
- Section 40a:9-49 - Payment For Burial Of Unclaimed Bodies
The county medical examiner upon taking charge of unidentified or unclaimed dead bodies shall make burial arrangements. If the decedent left an ascertainable estate...
- Section 40a:9-49.1 - Burial Expenses Of Indigents
1.Notwithstanding any provision of law, rule or regulation to the contrary, when an indigent person dies in his resident county without a surviving spouse,...
- Section 40a:9-50 - Court Orders Pertaining To Disinterment Of Dead Bodies And Duties Of Officials Therewith
40A:9-50. The Superior Court, upon the application of a proper party, may order the disinterment of any dead body, where an investigation of the...
- Section 40a:9-51 - Morgues, Morgue Keepers; Appointments
The board of chosen freeholders of any county, by resolution, may designate not more than 6 places to be used as county public morgues...
- Section 40a:9-52 - Morgue Keepers; Duties; Burial Certificates; Fees And Expenses
The morgue keepers shall be required to provide suitable rooms for the holding of necessary examinations or autopsies. They shall dispose of the dead...
- Section 40a:9-53 - Delivery Of Unidentified, Unclaimed Dead Bodies For Placing In The Morgue
40A:9-53. In counties having morgue keepers, unidentified or unclaimed dead bodies shall be delivered to the morgue keeper, and if there be more than...
- Section 40a:9-54 - Unidentified, Unclaimed Dead Bodies In Morgues; Disposition
40A:9-54. Unidentified or unclaimed dead bodies shall be viewed by the county medical examiner or a regularly licensed and practicing physician deputized for that...
- Section 40a:9-55 - Delivery Of Identified Dead Bodies To Proper Persons; Records
If any dead body in a morgue received as being unidentified shall thereafter be identified, the morgue keeper, upon the order of the county...
- Section 40a:9-56 - Unidentified, Unclaimed Dead Bodies; Disposition Where No Morgue Keepers
40A:9-56. In any county where there is no morgue keeper, the procedure as to the disposition of unidentified or unclaimed dead bodies shall be...
- Section 40a:9-57 - Police To Report Finding Of Dead Body
Where in any municipality the police ascertain the finding or discovery of an unidentified dead body, the chief of police or other police officer...
- Section 40a:9-58 - Disposition Of Personal Property Of Unknown Decedent
The county medical examiner shall take charge of the personal property found on or pertaining to an unknown decedent. The said county medical examiner...
- Section 40a:9-63 - County Clerk; Bond
40A:9-63. Every person who shall be elected clerk of a county, before entering into his office shall give his bond to the State of...
- Section 40a:9-63.1 - Commission; Effective Date; Term Of Office
The commission of every newly-elected county clerk shall bear date and take effect on January 1 next succeeding his election, or if such date...
- Section 40a:9-64 - County Clerk's Oath
Every person elected or appointed to the office of county clerk, before entering upon the duties of his office, shall take the following oath:...
- Section 40a:9-65 - Performance Of Duties Before Giving Bond; Misdemeanor
If any person elected county clerk shall assume to perform any of the duties before giving bond as provided by law he shall be...
- Section 40a:9-66 - Seals Of County Clerks
Every county clerk shall have an official seal for the office of county clerk of the county. Until otherwise provided by law, the seals...
- Section 40a:9-67 - Supreme Court Rules Governing County Clerks Who Are Attorneys At Law
A county clerk who is an attorney at law shall be subject to the rules of the Supreme Court in respect to limitations upon...
- Section 40a:9-68 - Duties Of County Clerk For The Courts
40A:9-68. The county clerk shall perform for the Superior Court the duties pertaining thereto in their respective counties as prescribed by law and applicable...
- Section 40a:9-69 - Temporary Clerks Of Courts
If the county clerk or his deputy shall be absent at the sessions of said courts, the assignment judge of the Superior Court of...
- Section 40a:9-70 - Vacancy In Office Of County Clerk Other Than By Expiration Of Term
When a vacancy shall occur in the office of the county clerk of any county other than by expiration of term, the Governor shall...
- Section 40a:9-71 - Moneys Received By County Clerk; Depositories
The county clerk shall be responsible and liable for all moneys received by or deposited with him in his official capacity and in respect...
- Section 40a:9-72 - Transfer Of Records And Moneys Of County Clerk To Successor In Office
40A:9-72. The county clerk, at the expiration of his term of office or other termination thereof, or his executor or administrator, if said county...
- Section 40a:9-73 - Powers Of County Clerk.
40A:9-73. a. A county clerk while in office may perform all the duties and exercise the powers pertaining to the office of notary public...
- Section 40a:9-74 - Personnel In Office Of County Clerk
40A:9-74. Personnel in office of county clerk. Every county clerk may appoint a deputy clerk or two deputy clerks, one administrative and one judicial,...
- Section 40a:9-75 - County Clerk In Certain Counties May Establish Court Division And Registry Division
In any county having a population in excess of 400,000, and not having a register of deeds and mortgages, the county clerk therein may...
- Section 40a:9-76 - Salary Of County Clerk In Certain Counties.
40A:9-76. The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the county clerk in an amount equal...
- Section 40a:9-77 - Compensation Of Deputy County Clerks; Chief Clerks And Other Personnel
The annual compensation of the deputy county clerk shall not exceed 3/4 of the annual compensation of the county clerk. The annual compensation of...
- Section 40a:9-77.1 - Chapter 260 Of The Laws Of 1969 Saved From Repeal
Chapter 260 of the laws of 1969 (C. 40:38-28.1) is saved from repeal. [The act saved from repeal by this section provides that in...
- Section 40a:9-77.2 - Preparation Of Annual Budget Request By County Clerk.
7.A county clerk shall prepare the annual budget request for the office of the county clerk pursuant to the requirements of section 3 of...
- Section 40a:9-78 - Section 4 Of Chapter 96 Of The Laws Of 1959 Saved From Repeal
Section 4 of chapter 96 of the laws of 1959 (C. 40:38-6.17) is saved from repeal. [Said section saved from repeal by this section...
- Section 40a:9-78.1 - Short Title.
1.Sections 1 through 7 of P.L.2012, c.30 (C.40A:9-78.1 et seq.) shall be known and may be cited as the "County Identification Cards for Veterans...
- Section 40a:9-78.2 - "Veteran" Defined.
2.As used in this act, P.L.2012, c.30 (C.40A:9-78.1 et seq.), "veteran" means a person who has served in the Army, Navy, Air Force, Marines...
- Section 40a:9-78.3 - Veteran Identification Card Program.
3.A county clerk or register of deeds and mortgages, as appropriate, may establish a veteran identification card program for the sole purpose of identifying...
- Section 40a:9-78.4 - Issuance Of Card.
4. a. When such a program has been authorized, the county clerk or register of deeds and mortgages, as appropriate, shall issue an identification...
- Section 40a:9-78.5 - Violations Relative To Veteran Identification Card.
5.It shall be unlawful for any person: a.To display or cause or permit to be displayed or have in the person's possession any canceled,...
- Section 40a:9-78.6 - Card Not Deemed Proof Of Status.
6.The veteran identification card issued under P.L.2012, c.30 (C.40A:9-78.1 et seq.), shall not be deemed sufficient valid proof of veteran status for official governmental...
- Section 40a:9-78.7 - Violations, Disorderly Persons Offense.
7.Any person who violates any of the provisions of this act, P.L.2012, c.30 (C.40A:9-78.1 et seq.), is guilty of a disorderly persons offense. L.2012,...
- Section 40a:9-80 - Existing Offices Of Register Of Deeds And Mortgages, Confirmed, Continued; Exceptions
40A:9-80. The office of register of deeds and mortgages heretofore established and now in existence in any county is confirmed and shall be continued...
- Section 40a:9-81 - Establishment Of Office Of Register Of Deeds And Mortgages In Certain Counties; Referendum
In every county having a population of more than 250,000 there may be a register of deeds and mortgages in and for such county....
- Section 40a:9-82 - Transfer Of Records And Papers Upon The Establishment Of Office Of Register Of Deeds And Mortgages
When the office of register of deeds and mortgages is established in any county and such a register therein has been elected, all official...
- Section 40a:9-83 - Term Of Office Of Register Of Deeds And Mortgages
The register of deeds and mortgages shall be elected by the legal voters of the county for a term of 5 years. He shall...
- Section 40a:9-84 - Register Of Deeds And Mortgages; Bond
40A:9-84. Every person who shall be elected register of deeds and mortgages of a county, before entering into his office shall give his bond...
- Section 40a:9-85 - Register Of Deeds And Mortgages; Oath
Every person elected or appointed register of deeds and mortgages, before entering upon the duties of his office, shall take the following oath: "I,...
- Section 40a:9-86 - Performance Of Duties Before Giving Bond; Misdemeanor
If any person elected register of deeds and mortgages shall assume to perform any of the duties before giving bond as provided by law,...
- Section 40a:9-87 - Certain Statutory Provisions Applicable To County Clerk Where No Register Of Deeds And Mortgages
The statutory provisions applicable to powers, functions and duties of the register of deeds and mortgages where there is such a register shall pertain...
- Section 40a:9-88 - Vacancy In Office Of Register Of Deeds And Mortgages Other Than By Expiration Of Term
When a vacancy shall occur in the office of the register of deeds and mortgages of any county other than by expiration of term,...
- Section 40a:9-89 - Board Of Chosen Freeholders To Furnish Accommodations And Equipment For Register Of Deeds And Mortgages
The board of chosen freeholders shall provide the register of deeds and mortgages with a suitable fireproof place separate and distinct from the office...
- Section 40a:9-89.1 - Preparation Of Annual Budget Request By County Register Of Deeds And Mortgages.
6.A county register of deeds and mortgages shall prepare the annual budget request for the office of the county register of deeds and mortgages...
- Section 40a:9-90 - Register Of Deeds And Mortgages Is The County Recording Officer
In counties having a register of deeds and mortgages the said register shall be the recording officer of the county as fully as the...
- Section 40a:9-91 - Personnel In The Office Of Register Of Deeds And Mortgages
40A:9-91. Every register of deeds and mortgages may appoint a deputy register of deeds and mortgages to hold office during the pleasure of the...
- Section 40a:9-92 - Salary Of Register Of Deeds And Mortgages.
40A:9-92. The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the register of deeds and mortgages in...
- Section 40a:9-93 - Compensation Of Deputy Register Of Deeds And Mortgages, Chief Clerks And Employees
The annual compensation of the deputy register of deeds and mortgages shall not exceed 3/4 of the annual compensation of the register of deeds...
- Section 40a:9-94 - Eligibility For Office Of Sheriff
No person shall be eligible to the office of sheriff of any county unless he shall have been a citizen of the United States...
- Section 40a:9-95 - Sheriff's Bond
40A:9-95. Every sheriff shall enter into bond to the State of New Jersey and the county wherein he is sheriff, with sufficient corporate surety...
- Section 40a:9-96 - Sheriff's Oath
Every person elected or appointed to the office of sheriff, before entering upon the duties of his office, shall take the following oath: "I,...
- Section 40a:9-97 - Certificate For Commission
40A:9-97. The taking of the oath of office and the execution of the required bond by a newly elected sheriff shall be certified by...
- Section 40a:9-98 - Sheriff Not To Perform Duties Of Office Before Giving Bond And Taking Oath; Misdemeanor
If a sheriff elect shall perform any of the duties of his office before giving bond or taking the oath of office as provided...
- Section 40a:9-99 - Sheriff May Act In Certain Cases Where Commission Delayed
If the receipt by a newly elected or appointed sheriff of his commission is delayed, the said sheriff may nevertheless act as said sheriff...
- Section 40a:9-100 - Effective Date Of Commission And Expiration Of Term Of Office
The commission of every newly-elected sheriff shall bear date and take effect on January 1, next succeeding his election, or if such date falls...
- Section 40a:9-101 - Failure Of Sheriff Elect To Qualify; Effect
When any newly elected sheriff shall fail to qualify by giving the required bond and taking and subscribing his oath of office within 30...
- Section 40a:9-102 - Vacancy In Office, Other Than By Expiration Of Term
When a vacancy shall occur in the office of sheriff of any county, other than by expiration of term, the Governor shall fill such...
- Section 40a:9-103 - Bond And Oath Of Appointee To Fill Vacancy
Every person appointed by the Governor to fill a vacancy in the office of sheriff, before proceeding to execute his office, shall give the...
- Section 40a:9-104 - Salary Of Sheriff.
40A:9-104. The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the sheriff in an amount equal to...
- Section 40a:9-105 - Expenses Payable To Sheriffs
The sheriffs shall be entitled to receive in addition to the salaries provided by law, their actual expenses incurred by them personally in performing...
- Section 40a:9-106 - Uncollected Fees Credited To Account Of Former Sheriff
All uncollected fees due for services rendered or expenses incurred by a deceased, disabled or disqualified sheriff shall be taxed and collected by the...
- Section 40a:9-107 - Sheriff To Deliver To His Successor Moneys And Papers
When any person shall cease to hold the office of sheriff he shall deliver to his successor all processes, orders, mandates and papers of...
- Section 40a:9-108 - Sheriff Not To Hold Other Civil Office; Exceptions
40A:9-108. No person shall hold any other civil office during the time he holds and exercises the office of sheriff and by acceptance of...
- Section 40a:9-109 - Amercement Of Sheriff, Acting Sheriff
If a sheriff or acting sheriff fails to perform any duty imposed upon him by law in respect to writs of execution resulting in...
- Section 40a:9-110 - Amercement; Court To Designate Enforcement Officer
When an amercement or judgment or order in the nature of an amercement has been obtained against a sheriff or acting sheriff the court...
- Section 40a:9-111 - Bonds Taken By Sheriffs
40A:9-111. All bonds required by law to be taken by the sheriff shall be recorded in the office of the county clerk in a...
- Section 40a:9-113 - Acting Sheriff Or Newly Appointed Or Elected Sheriff To Execute Uncompleted Writs And Processes
All writs and processes remaining unexecuted which were in the hands of a sheriff at the time of his death, disability or disqualification, shall...
- Section 40a:9-114 - Exercise Of Office Pending New Appointment Or Election
In any case of vacancy in the office of sheriff, the undersheriff, or if there be more than one undersheriff, the undersheriff who shall...
- Section 40a:9-115 - Undersheriffs; Appointments; Oaths
40A:9-115. The appointment of an undersheriff shall be by writing under the hand and seal of the sheriff. Every undersheriff, before he assumes his...
- Section 40a:9-116 - Limitations On Number Of Undersheriffs
Except as hereinafter provided, in all counties the sheriff may appoint not more than three undersheriffs. In counties in which the sheriff assumes the...
- Section 40a:9-117 - Undersheriffs, Chief Clerks And Other Personnel; Compensation
The sheriff shall select and employ the necessary deputies, chief clerks and other personnel. The sheriff shall fix the compensation they shall receive in...
- Section 40a:9-117a - Sheriff's Investigators
The sheriff of each county may appoint a number of persons, not to exceed 15% of the total number of sheriff's officers employed by...
- Section 40a:9-117b - Appointment, Transfer Of Certain Law Enforcement Officers Permitted.
1. a. For the purposes of P.L.1985, c.439 (C.40A:14-146.8 et seq.), a county sheriff of a county that has established a county police department...
- Section 40a:9-117.1 - Retirement Upon Pension; Certain Sheriff's Secretaries
The board of chosen freeholders of any county is authorized by resolution to retire upon a pension in amount of not in excess of...
- Section 40a:9-117.2 - Appointment Of Unpaid Deputy Sheriffs.
1.In addition to the deputies authorized to be appointed pursuant to N.J.S.40A:9-117, the sheriff of any county may designate and appoint deputy sheriffs to...
- Section 40a:9-117.3 - Deputy Sheriffs; Rights, Privileges And Immunities
Deputy sheriffs in good faith carrying out, complying with, or attempting to comply with the directions of the sheriff, or performing any authorized service...
- Section 40a:9-117.4 - Deputy Sheriffs; Identification And Badges
The sheriff shall issue identification and badges to such deputy sheriffs as he shall designate and approve. L.1975, c. 272, s. 3, eff. Jan....
- Section 40a:9-117.5 - Chief Warrant Officer
A sheriff may appoint a chief warrant officer to serve for a term of one year without having to take a civil service examination....
- Section 40a:9-117.5a - Inapplicability Of Act To Tenure Attained Prior To Effective Date
This act shall not adversely affect tenure attained by a chief warrant officer prior to the effective date thereof pursuant to the provisions of...
- Section 40a:9-117.6 - Sheriff's Officers; Appointment; Duties
The sheriff of each county shall, subject to the budget of the county, appoint such persons as may be necessary, to the position of...
- Section 40a:9-117.6a - Applicability Of "45-day" Rule For Violation Of Internal Rules To Sheriff's Officers.
2.A person shall not be removed from employment or a position as a sheriff's officer, or suspended, fined or reduced in rank for a...
- Section 40a:9-117.7 - Person Appointed To Perform Duties Listed In S. 40a:9-117.6 As Sheriff's Officer
Any person who is appointed on or after the effective date of this act to perform the duties set forth in section 1 of...
- Section 40a:9-117.8 - Court Attendants; Application For Appointment As Sheriff's Officer
Every duly appointed employee holding permanent civil service status in a title the functions of which encompass the performance of duties set forth in...
- Section 40a:9-117.9 - Seniority; Inclusion Of Permanent Time In Grade In Former Titles; Reclassification Of Provisional Civil Service Status
Seniority for employees appointed as sheriff's officers pursuant to this act shall be calculated so as to include permanent time in grade in their...
- Section 40a:9-117.10 - Duties, Benefits And Powers; Compensation
Sheriff's officers appointed under the provisions of this act shall have the duties, benefits and powers conferred by law on sheriff's officers, and their...
- Section 40a:9-117.11 - Decrease Of Compensation On Appointment; Prohibition
Nothing in this act shall permit the decrease of compensation paid to persons employed as of the effective date of the act, who shall...
- Section 40a:9-117.12 - Person Over 35 Appointed As Sheriff's Officer; Continuance As Member Of Retirement System
Any person who is over 35 years of age on the effective date of this act, and who is subsequently appointed as a sheriff's...
- Section 40a:9-117.13 - Person Under 35; Transfer Of Membership In Public Employees' Retirement System Or County Pension Fund To Police And Firemen's Retirement System
a. Any person who is 35 years of age or younger on the effective date of this act, and who is subsequently appointed as...
- Section 40a:9-117.14 - Sheriff's Officers; Eligibility For Permanent Appointment Without Civil Service Open Competitive Examination
In any county, except a county of the first class, any person who on the effective date of this act is employed in the...
- Section 40a:9-117.15 - Sheriff's Officer Chief; Creation Of Position Permitted
The sheriff of any county may create the position of sheriff's officer chief. In a county which has adopted the provisions of Title 11A...
- Section 40a:9-117.16 - Candidates For Sheriff's Officer Chief; Requirements
A candidate for the position of sheriff's officer chief shall be a citizen of the United States, and a resident of the county of...
- Section 40a:9-117.17 - Appointment, Term
Any sheriff's officer chief appointed under this act shall be appointed by the sheriff to serve a term of one year, subject to reappointment...
- Section 40a:9-117.18 - Sheriff To Prescribe Duties
The sheriff shall prescribe the duties of the office of sheriff's officer chief. L.1989, c.280, s.4.
- Section 40a:9-117.19 - Continuation Of Position Of Sheriff's Officer Chief, Reappointment
Notwithstanding the provisions of section 3 of this act, any person serving as a sheriff's officer chief on the effective date of this act...
- Section 40a:9-118 - Compensation Of Criminal Identification Bureau Personnel
In counties having criminal identification bureaus in the office of the sheriffs of said counties, the board of chosen freeholders, by resolution, shall provide...
- Section 40a:9-119 - Status Of Criminal Identification Bureau Personnel
Identification clerks having served 5 years as such, shall be classified as identification officers and upon reaching such status shall receive the salaries of...
- Section 40a:9-119.1 - Field Representative Of Narcotic Education; Permanent Appointment With Competitive Examination
Any person who has held on a temporary basis the position of field representative of narcotic education in the office of the sheriff of...
- Section 40a:9-119.2 - Director Of Bureau Of Narcotics; Appointment
The sheriff of any county may appoint any person who, at the time of his appointment, has: a. served for 10 years or more...
- Section 40a:9-120 - Constables; Appointment
The governing body of any municipality, by resolution, may appoint not less than 2 nor more than 50 constables. To be eligible the persons...
- Section 40a:9-121 - Constables; Terms Of Office
Every constable shall qualify within 30 days of the appointment and shall hold office for a term of 3 years unless the governing body...
- Section 40a:9-122 - Annual Charges Payable By Constables; Badges
The governing body of any municipality, by resolution, may provide for an annual charge for the privilege of holding the office, to be paid...
- Section 40a:9-123 - Constables; Vacancy
Vacancies in the office of constable other than by expiration of term resulting from death, resignation, or otherwise may be filled for the unexpired...
- Section 40a:9-124 - Constable's Oath
Every person appointed as a constable, before entering upon the duties of his office, shall take, subscribe and file with the municipal clerk the...
- Section 40a:9-125 - Constable's Bond
Every person appointed as a constable, before entering upon the execution of his office, shall give bond in such form and amount as the...
- Section 40a:9-126 - Actions On Constable's Bond
40A:9-126. Actions on a constable's bond may be prosecuted in the Superior Court in like manner as in the case of actions on a...
- Section 40a:9-126.1 - Constable's Reports
Every constable shall on or before the first Wednesday following the first Monday of every month file with the governing body by whom he...
- Section 40a:9-127 - Actions For Money Payable To Or By Constables; Jurisdiction
40A:9-127. The Superior Court shall have jurisdiction over actions or proceedings involving money payable to or by a constable and may make appropriate orders...
- Section 40a:9-128 - Statutes Repealed
The following sections, acts and parts of acts, together with all amendments and supplements thereto, are hereby repealed. Revised Statutes Sections 40:21-1, 40:21-2 40:21-4...
- Section 40a:9-129 - Officials; Facsimile Of Signatures; Seal; Statement Of Terms Of Office To Be Filed With Secretary Of State
In every municipality, the mayor or other chief executive and the clerk, upon taking office, shall each file with the Secretary of State a...
- Section 40a:9-130 - Mayor; Term; Town Certain, Mayor, Council Terms
40A:9-130. a. In every municipality, unless otherwise provided by law and except as provided under subsection b. of this section, the term of office...
- Section 40a:9-131 - Acting Mayor
In every municipality, unless otherwise provided by law, if a vacancy occurs in the office of mayor, by reason of death, resignation or otherwise,...
- Section 40a:9-132 - Mayor To Vote In Certain Cases
In every municipality, unless otherwise provided by law, if the governing body shall fail (a) to organize and elect a president or chairman at...
- Section 40a:9-133 - Municipal Clerk, Appointment, Duties.
40A:9-133. a. In every municipality there shall be a municipal clerk appointed for a three-year term by the governing body of the municipality. The...
- Section 40a:9-133.1 - Municipal Clerks, Appointment, Continuation, Tenure
1. a. The provisions of any other law to the contrary notwithstanding, commencing on the effective date of P.L.1981, c.394, all municipal clerks shall...
- Section 40a:9-133.2 - Application For Examination; Qualifications
2.Commencing on the effective date of P.L.1985, c.174, the Director of the Division of Local Government Services in the Department of Community Affairs shall...
- Section 40a:9-133.3 - Certification; Fee
3.Upon the successful completion of the examination by an applicant, a certificate shall be issued to the applicant as a registered municipal clerk. The...
- Section 40a:9-133.5 - Revocation, Suspension
Any registered municipal clerk certificate may be revoked or suspended by the director for dishonest practices, or willful or intentional failure, neglect or refusal...
- Section 40a:9-133.6 - Certificate Necessary For Reappointment
Commencing January 1, 1986, no person shall be reappointed as municipal clerk in any municipality unless he shall hold a registered municipal clerk certificate...
- Section 40a:9-133.7 - Reappointment, Removal, Dismissal.
7.Notwithstanding the provisions of any other law to the contrary, any person who: a.Shall be reappointed municipal clerk subsequent to having received a registered...
- Section 40a:9-133.8 - Tenure Starting In 1986
Commencing January 1, 1986, no municipal clerk shall acquire tenure of office under any law of this State unless he holds a registered municipal...
- Section 40a:9-133.10 - Renewal Of Certificates; Conditions; Fee.
8. a. Commencing October 1, 1998 all registered municipal clerk certificates issued pursuant to section 3 or section 4 of P.L.1985, c.174 (C.40A:9-133.3 or...
- Section 40a:9-133.11 - Rules, Regulations
9.The director is authorized to adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such regulations, forms and procedures as...
- Section 40a:9-133.12 - Costs Of Complying With Requirements; "Costs" Defined
10.Nothing in P.L.1997, c.279 (C.40A:9-133.9 et al.) shall be construed as requiring a municipal governing body to pay any of the costs an individual...
- Section 40a:9-134 - Tenure For Municipal Clerks.
40A:9-134. On or before December 31, 1985, any person holding the office of municipal clerk in any municipality and having held such office continuously...
- Section 40a:9-134.1 - Municipality To Provide Clerk With Means Of Defense In Certain Actions, Legal Proceedings
The governing body of a municipality shall provide its municipal clerk with necessary means for the defense of any action or legal proceeding arising...
- Section 40a:9-135 - Deputy Municipal Clerk
40A:9-135. a. The governing body of any municipality, by ordinance, may create the office of deputy municipal clerk and provide for appointments thereto, his...
- Section 40a:9-136 - Administrator; Powers And Duties
40A:9-136. The governing body of any municipality, by ordinance, may create the office of municipal administrator and delegate to him all or a portion...
- Section 40a:9-137 - Administrator; Appointment; Term Of Office
Appointment to the office of municipal administrator shall be made by the mayor or chief executive officer of the municipality with the advice and...
- Section 40a:9-138 - Administrator; Removal From Office
The municipal administrator may be removed by a 2/3 vote of the governing body. The resolution of removal shall become effective 3 months after...
- Section 40a:9-139 - Attorney; Appointment; Term
In every municipality the governing body, by ordinance, shall provide for the appointment of a municipal attorney who may be designated as the corporation...
- Section 40a:9-140 - Engineer; Appointment; Compensation; Term
In every municipality the governing body, by ordinance, shall provide for the appointment of a municipal engineer and fix his compensation in an annual...
- Section 40a:9-140.1 - Definitions.
1.As used in this act: a."Director" means the Director of the Division of Local Government Services. b."Municipal finance officer" means a municipal director of...
- Section 40a:9-140.2 - Certification As Municipal Finance Officer
a. The director shall hold examinations semi-annually, and at such times as he may determine appropriate for certification of municipal finance officers. An applicant...
- Section 40a:9-140.3 - Issuance Of Certificate; Fee
Upon finding by the director that the applicant has successfully completed the examination, a municipal finance officer certificate shall be issued to the applicant,...
- Section 40a:9-140.4 - Issuance Of Certificate To Registered Municipal Accountant; Fee
Notwithstanding the qualifications established in section 2 of this act, a municipal finance officer certificate shall be issued to any person who is licensed...
- Section 40a:9-140.6 - Membership On Governing Body Prohibited
No person shall serve as the chief financial officer of any municipality in which he serves as a member of the governing body. L.1971,c.413,s.6;...
- Section 40a:9-140.8 - Tenure Of Office.
2. a. Notwithstanding the provisions of any other law to the contrary, any person who has served as the chief financial officer of a...
- Section 40a:9-140.9 - Complaint; Filing; Hearing; Representation; Jurisdiction Of Superior Court
The complaint shall be filed with the municipal clerk and the director and a certified copy thereof shall be served upon the person so...
- Section 40a:9-140.10 - Municipality Required To Have Chief Financial Officer; Exceptions.
5. a. Notwithstanding the provisions of any law to the contrary, in every municipality there shall be a chief financial officer appointed by the...
- Section 40a:9-140.11 - Issuance Of Municipal Finance Officer Certificate, Interim Basis
Notwithstanding the qualifications established in section 2 of P.L.1971, c.413 (C.40A:9-140.2), a municipal finance officer certificate may be issued without fee by the director...
- Section 40a:9-140.12 - Revocation, Suspension Of Municipal Finance Officer Certificate
Any municipal finance officer certificate may be revoked or suspended by the director for dishonest practices or willful or intentional failure, neglect or refusal...
- Section 40a:9-140.13 - Municipal Finance Officer Certificate Required; Tenure; Vacancies.
8. a. Commencing January 1, 1991, no person shall be appointed or reappointed as a chief financial officer unless he holds a municipal finance...
- Section 40a:9-140.14 - Prior Holders Of Municipal Finance Officer Certificate Continue To Hold Certificate, Issuance Of Certificate To Newly-qualified Applicants
a. Any person who holds a municipal finance officer certificate prior to the effective date of P.L.1988, c.110 shall continue to hold the certificate...
- Section 40a:9-140.15 - Renewal Of Municipal Finance Officer Certificates.
10. a. Commencing January 1, 1991, all municipal finance officer certificates, except those issued pursuant to section 4 of P.L.1971, c.413 (C.40A:9-140.4) or pursuant...
- Section 40a:9-140.16 - Regulations
The director is authorized to adopt, in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), such regulations, forms...
- Section 40a:9-141 - Appointment Of Tax Collector; Compensation; Work Hours.
40A:9-141. Notwithstanding any other law the governing body or chief executive, as shall be appropriate to the form of government of the municipality, by...
- Section 40a:9-142 - Tax Collector; Term Of Office
Every municipal tax collector shall hold his office for a term of 4 years from the first day of January next following his appointment....
- Section 40a:9-143 - Collector Of Arrears Of Taxes
The governing body of every municipality, by ordinance, may provide for the appointment of an officer to be designated as the "municipal collector of...
- Section 40a:9-144 - Tenure Of Tax Collector; Grant Prior To December 31, 1981
On or before December 31, 1981, whenever a person has or shall have held the office of municipal tax collector for 10 consecutive years,...
- Section 40a:9-145 - Tenure For Tax Collectors Completing Certain Courses Of Instruction; Inapplicability After December 31, 1981
Any person who has held or shall have held the office of tax collector in any municipality for a continuous period of not less...
- Section 40a:9-145.1 - Definitions
As used in this act: a. "Director" means the Director of the Division of Local Government Services; and, b. "Tax collector" means the official...
- Section 40a:9-145.2 - Certification As Tax Collector.
2. a. Commencing on the effective date of this act, the director shall hold examinations semi-annually, and at such other times as he may...
- Section 40a:9-145.3 - Tax Collector Certificate; Issuance; Additional Fee
3. Upon the successful completion of the examination by an applicant, a tax collector certificate shall be issued to him, upon the payment of...
- Section 40a:9-145.3a - Uncertified Tax Collector, Application For Certificate; Issuance
6. Within six months of the effective date of P.L.1993, c.25 (C.40A:9-145.3a et al.), a tax collector who does not hold a tax collector...
- Section 40a:9-145.3b - Expiration, Renewal Of Outstanding, Lapsed Certificates; Fee.
7.Commencing on the effective date of P.L.1993, c.25 (C.40A:9-145.3a et al.) all outstanding tax collector certificates shall expire and be renewed in accordance with...
- Section 40a:9-145.3c - Regulations, Forms, Procedures
8. The director is authorized to adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) such regulations, forms and procedures...
- Section 40a:9-145.5 - Revocation, Suspension Of Certificate
Any tax collector certificate may be revoked or suspended by the director for dishonest practices, or willful or intentional failure, neglect or refusal to...
- Section 40a:9-145.6 - Prohibitions
6. No person shall serve or continue to serve as a tax collector for the municipality in which that person serves as a member...
- Section 40a:9-145.7 - Appointment Or Reappointment
7. Commencing on the effective date of P.L.1993, c.25 (C.40A:9-145.3a et al.), no person shall be appointed or reappointed as tax collector in any...
- Section 40a:9-145.8 - Tenure; Removal From Office; Dismissal; Procedure.
8.Notwithstanding the provisions of any other law to the contrary, any person who: a.Shall be reappointed tax collector subsequent to having received a tax...
- Section 40a:9-145.9 - Acquisition Of Tenure After Jan. 1, 1982
Commencing January 1, 1982, no tax collector shall acquire tenure of office under any law of this State unless he holds a tax collector...
- Section 40a:9-145.10 - Holding Office After Effective Date Of Act; Appointment
The provisions of any other law to the contrary notwithstanding, commencing on the effective date of this act, all tax collectors shall hold office...
- Section 40a:9-145.11 - Continuation In Office Of Persons In Office On Effective Date Of Act
All tax collectors holding office on the effective date of this act shall continue in office until their successors are appointed in the manner...
- Section 40a:9-145.12 - Right To Tenure Of Tax Collector In Office Prior To And Appointment After Effective Date Of Act
Nothing contained in this act or in any other statute shall prevent any tax collector who upon the effective date of this act holds...
- Section 40a:9-146 - Appointment Of Tax Assessor, Deputies.
40A:9-146. The governing body or chief executive, as shall be appropriate to the form of government of the municipality shall provide for the appointment...
- Section 40a:9-146.1 - Boards Of Assessors; Abolishment; Secretary And Members To Be Municipal Tax And Deputy Assessors; Salary And Tenure Rights
a. Boards of assessors created prior to the effective date of this act are abolished. b. The secretary of, or in the event there...
- Section 40a:9-146.2 - Reference To Board Of Assessors Or Assessment To Mean And Refer To Municipal Tax Assessor
Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the board of assessors or...
- Section 40a:9-146.3 - Municipal Tax Assessors; Appointment; Terms Of Office; Powers And Duties
The provisions of any other law to the contrary notwithstanding, municipal tax assessors shall be appointed pursuant to the provisions of this act and...
- Section 40a:9-146.4 - Appointment In More Than One Municipality
A municipal tax assessor may be appointed in more than one municipality; provided that the holding of additional appointments does not interfere with the...
- Section 40a:9-146.5 - Inapplicability Of Act To Agreements On Hours Of Work
This act shall not affect any agreement entered into prior to the effective date of this act between a municipal tax assessor and the...
- Section 40a:9-147 - Chapter 205 Of The Laws Of 1968 Saved From Repeal
Chapter 205 of the laws of 1968 (C. 40:46-6.2c) is saved from repeal. [The act saved from repeal by this section provides that in...
- Section 40a:9-148 - Tax And Deputy Assessors; Term Of Office; Vacancies
Every municipal tax assessor and deputy assessor shall hold his office for a term of 4 years from the first day of July next...
- Section 40a:9-148.1 - Tax And Deputy Assessors; Qualifications And Duties
A municipal tax assessor shall hold a tax assessor certificate provided for in P.L.1967, c. 44 (C. 54:1-35.25 et seq.) and shall have the...
- Section 40a:9-149 - Tax Assessors; Appointment By Governor In Certain Cases
In any municipality wherein there shall be the office of tax assessor and no qualified person shall be in such office on the first...
- Section 40a:9-150 - Chapter 211 Of The Laws Of 1966 Saved From Repeal
Chapter 211 of the laws of 1966 (C. 40:46-6.13a) is saved from repeal. [The act saved from repeal by this section provides for the...
- Section 40a:9-152 - Tenure Of Municipal Treasurer.
40A:9-152. a. Whenever a person has or shall have held the office of municipal treasurer for 10 consecutive years, the governing body of the...
- Section 40a:9-152.1 - Removal Of Municipal Treasurer; Complaint; Hearing; Review
Any removal of a municipal treasurer having tenure in office shall be upon a written complaint setting forth the charge or charges against him....
- Section 40a:9-153 - Chapter 190 Of The Laws Of 1943 Saved From Repeal
Chapter 190 of the laws of 1943 (C. 40:83-6 and C. 40:83-7) is saved from repeal. [The act saved from repeal by this section...
- Section 40a:9-154 - Poundkeepers
Except as otherwise provided by law the governing body of any municipality, by ordinance, may provide for the appointment of poundkeepers as needed. The...
- Section 40a:9-154.1 - Adult School Crossing Guards; Appointment; Term; Revocation; Qualifications; Supervision And Direction
1. The governing body, or the chief executive, or the chief administrative officer, as appropriate to the form of government of any municipality, may...
- Section 40a:9-154.2 - Training Of Adult School Crossing Guards
2. Every adult school crossing guard shall be trained for the proper performance of his duties and responsibilities. Such training shall consist of a...
- Section 40a:9-154.3 - Uniform Provided To Adult School Crossing Guard; Exemption
3. Before being assigned to any post, an adult school crossing guard shall be provided with a uniform which shall identify his function and...
- Section 40a:9-154.4 - Stations; Time Period
The chief of police or other chief law enforcement officer of a municipality shall have the right to position school crossing guards on any...
- Section 40a:9-154.5 - Municipal Superintendent Of Public Works; Defined
As used in this act, "municipal superintendent of public works" means the officer or employee of a municipality whose duties include supervising the care...
- Section 40a:9-154.6 - Tenure Of Office; Continuous Holding Of Office For 5 Years; Ordinance; Dismissal.
2. a. A person holding office, position or employment as full-time municipal superintendent of public works who has held the office, position or employment...
- Section 40a:9-154.6a - Definitions
1. As used in this act: a. "Director" means the Director of the Division of Local Government Services in the Department of Community Affairs....
- Section 40a:9-154.6b - Public Works Advisory Board, Appointment, Terms; Certification Requirements For Managers
2. a. The director shall appoint nine persons who shall constitute the Public Works Advisory Board as follows: one designee from the Division of...
- Section 40a:9-154.6c - Issuance Of Public Works Manager Certificate Without Examination; Requirements
3. The director shall issue, upon the payment of a fee, a public works manager certificate to any applicant who meets the definition of...
- Section 40a:9-154.6d - Application Fee, Examination
4. Each completed application form for the examination shall be accompanied by a fee and shall be filed with the director at least 30...
- Section 40a:9-154.6e - Application For Certificate
5. Upon a finding by the director that an applicant has successfully completed the examination, the applicant may apply for a certificate pursuant to...
- Section 40a:9-154.6f - Revocation, Suspension Of Certificate
6. a. Any public works manager certificate may be revoked or suspended by the director for dishonest practices or failure, neglect or refusal to...
- Section 40a:9-154.6g - Certificate Required After January 1, 1997; Exemptions, Penalties.
7. a. Commencing January 1, 1997, the governing body or chief executive officer of each municipality, as appropriate, shall appoint a principal public works...
- Section 40a:9-154.6h - Renewal Of Certificates.
8. a. Commencing January 1, 1997, all public works manager certificates shall be renewed upon application, payment of the required fee, and verification that...
- Section 40a:9-154.6i - Fees Established
8. The director shall establish fees, that shall not exceed those charges for similar programs charged for similar programs administered by the Division of...
- Section 40a:9-154.7 - Parking Enforcement Officers
The governing body of any municipality may, as it deems necessary, appoint parking enforcement officers to enforce State, county or municipal statutes, resolutions, ordinances...
- Section 40a:9-154.8 - Limitations
For purposes of this act, "parking enforcement officer" includes, but is not limited to, such similar titles as "parking control officer" and "parking violation...
- Section 40a:9-154.9 - Minimum Qualifications For Appointment As Parking Enforcement Officer.
3.No person may be appointed as a parking enforcement officer unless, at a minimum, the person: a.Is a resident of this State during the...
- Section 40a:9-154.10 - Fingerprints; Investigation
a. An applicant for the position of parking enforcement officer appointed pursuant to this act shall have fingerprints taken, which fingerprints shall be filed...
- Section 40a:9-154.11 - Training Course
No person appointed after the effective date of this act may commence duties as a parking enforcement officer unless that person has successfully completed...
- Section 40a:9-154.12 - Uniform; Insignia
a. Prior to the commencement of duties, every parking enforcement officer shall be furnished with a uniform which shall clearly identify the officer's function....
- Section 40a:9-154.13 - Fees
The municipality may charge a reasonable fee, as determined by the appointing authority, for uniforms supplied pursuant to this act, but shall not charge...
- Section 40a:9-154.14 - Designation
Except as provided in section 9 of this act, all persons employed by a municipality, other than regular police officers and special law enforcement...
- Section 40a:9-154.15 - Exclusion
The provisions of this act do not apply to persons appointed pursuant to subsection (3)(d) of section 22 of P.L. 1948, c. 198 (C....
- Section 40a:9-155 - Members Of Governing Body Eligible For Certain Offices; Exceptions
A member of the governing body of a municipality who resigns his office as such may be appointed to an office or position required...
- Section 40a:9-156 - Elective And Appointive Officers; Commencement Of Term Of Office; Exceptions
Except as otherwise provided by law, the terms of office of all elective officers in any municipality shall commence at 12 o'clock noon on...
- Section 40a:9-157 - Temporary Appointments
Whenever any officer or employee of a municipality is temporarily absent, disabled or disqualified, the governing body of the municipality may designate some person...
- Section 40a:9-158 - Temporary Leave Of Absence; Substitute
The governing body of any municipality may grant temporary leave of absence, with pay, to any officer or employee receiving a fixed annual salary,...
- Section 40a:9-159 - Leave Of Absence For Certain Officers And Employees Entering The Armed Forces Of The United States
Every officer or employee not holding his office, position or employment for a fixed term or period, upon entering the armed forces of the...
- Section 40a:9-160.1 - Compensatory Time Off For Employees Who Are Members Of Certain Volunteer Organizations
The governing body of any municipality shall grant time off from work with pay for municipal employees who are members of a volunteer fire...
- Section 40a:9-161 - Removal Of Officers And Employees; Procedure; Exceptions
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is not operative and unless otherwise provided by law, no officer or...
- Section 40a:9-163 - Change In Government; Effect On Officers
Except as otherwise provided by law, whenever the form of government of any municipality shall be changed the municipal officers of such municipality, by...
- Section 40a:9-164 - Delegates To Certain Conventions
The governing body of any municipality, whenever they shall deem it necessary, by resolution, may provide for the appointment of not more than 5...
- Section 40a:9-165 - Salaries, Wages Or Compensation Of Mayor Or Other Chief Executive; Officers And Employees; Exceptions; Referendum
40A:9-165. The governing body of a municipality, by ordinance, unless otherwise provided by law, shall fix and determine the salaries, wages or compensation to...
- Section 40a:9-165.1 - Compensation Of Members Of Governing Body And Chief Executive; Determination; Effective Date And Procedure For Protest
Notwithstanding the provisions of any other law to the contrary, the governing body of each municipality shall determine the salaries, wages or compensation of...
- Section 40a:9-167 - Referendum On Ordinance Fixing Salaries, Wages Or Compensation
When the governing body of any municipality shall be required by petition to submit to the voters proposed increases in salaries, wages or compensation...
- Section 40a:9-168 - Petition For Referendum On Salaries, Wages Or Compensation
If there shall be submitted to the governing body of any municipality a petition signed by not less than 10% of the registered voters...
- Section 40a:9-171 - Compensation For Services Notwithstanding Statute Declared Unconstitutional
Whenever a person shall have performed services for any municipality in an office or position created by or pursuant to a statute declared to...
- Section 40a:9-172 - Judicially Determined Illegal Suspension Or Dismissal; Officer Or Employee Entitled To Recover Salary; Proviso
Whenever any municipal officer or employee shall be suspended or dismissed from his office, employment or position and such suspension or dismissal shall be...
- Section 40a:9-173 - Hospital Service Or Medical Service Group Insurance; Authorization For Deductions From Salaries
Municipal officers and employees participating in hospital or medical service group insurance may authorize the governing body of the municipality to deduct from their...
- Section 40a:9-174 - Compensation For Injury Or Death To Member Of Governing Body Or Other Officer In Performance Of Duty
The governing body of any municipality, by resolution, may provide for the payment of a sum not to exceed $1,500.00 to any officer of...
- Section 40a:9-175 - Statutes Repealed
The following sections, acts and parts of acts, together with all amendments and supplements thereto, are hereby repealed. Revised Statutes sections: 40:46-1; 40:46-3, 40:46-4;...
- Section 40a:10-1 - Power To Insure
A local unit may insure with any insurance company authorized to do business in this State or by the insurance fund provided by Article...
- Section 40a:10-1.1 - "Local Unit" For Purposes Of Article 1, Chapter 10 Of Title 40a
8. For the purposes of Article 1 of chapter 10 of Title 40A of the New Jersey Statutes, "local unit" shall be deemed to...
- Section 40a:10-2 - Providing Insurance For Certain Volunteer Organizations
A municipality maintaining a volunteer fire department, or in which there are one or more incorporated volunteer fire companies affording fire protection in the...
- Section 40a:10-3 - Insurance For Operators
Every local unit, other than one providing insurance coverage under Article 3 of this chapter, shall provide insurance coverage under this article for the...
- Section 40a:10-4 - Liability For Failure To Insure
Any local unit, other than one providing insurance coverage under Article 3 of this chapter, failing to provide the insurance coverage as provided in...
- Section 40a:10-5 - Operator To Give Prompt Notice Of Claim Or Demand
The operator against whom a claim or demand is made or an action instituted, arising out of the operation or use of any motor...
- Section 40a:10-6 - Establishment Of Insurance Fund; Purposes; Appropriations.
40A:10-6. The governing body of any local unit may establish an insurance fund for the following purposes: a.To insure against any loss or damage...
- Section 40a:10-6.1 - "Local Unit" For Purposes Of Article 3, Chapter 10 Of Title 40a
9. For the purposes of Article 3 of chapter 10 of Title 40A of the New Jersey Statutes, "local unit" shall be deemed to...
- Section 40a:10-7 - Maximum And Minimum Amount Of Fund
The governing body of a local unit may designate the maximum or minimum amount of the fund, and from time to time provide for...
- Section 40a:10-8 - Insurance Fund Commissioners; Secretary; Appointment; Term; Compensation; Vacancies
Upon establishment of an insurance fund, the officer or body of the local unit having the power to make appointments shall appoint three officials...
- Section 40a:10-9 - Organization Of Commissioners
The commissioners shall, forthwith after their appointment, organize for the ensuing year by election from their membership of a chairman, who shall serve for...
- Section 40a:10-10 - Powers And Authority Of The Commissioners
40A:10-10. Powers and authority of the commissioners. The commissioners shall have the following powers and authority: a. Employ necessary clerical assistants, whose compensation shall...
- Section 40a:10-11 - Sinking Fund Commissioners May Act As Insurance Fund Commissioners
In any local unit in which sinking fund commissioners have been appointed, the management and investment of the insurance fund may be entrusted to...
- Section 40a:10-12 - Payment Of Workers' Compensation
A local unit may provide for the payment of workers' compensation under the provisions of chapter 15 of Title 34 of the Revised Statutes...
- Section 40a:10-12.1 - "Local Unit" For Purposes Of Article 4, Chapter 10 Of Title 40a
10. For the purposes of Article 4 of chapter 10 of Title 40A of the New Jersey Statutes (N.J.S.40A:10-12 et seq.), "local unit" shall...
- Section 40a:10-13 - Workers' Compensation Insurance Fund
The governing body of a local unit may create and appropriate money for a fund to be designated and known as "The Workers' Compensation...
- Section 40a:10-14 - Annual Appropriation To Fund
The governing body of a local unit may annually appropriate to the fund such money as it may determine to be necessary for the...
- Section 40a:10-15 - Discontinuance Of Fund
The governing body of a local unit may determine to discontinue the fund, in which case the balance thereof shall become part of the...
- Section 40a:10-16 - Definitions.
40A:10-16. As used in this subarticle: a."Dependents" means an employee's spouse and the employee's unmarried children, including stepchildren, legally adopted children, and, at the...
- Section 40a:10-17 - Contracts For Group Insurance, Individual Retirement Annuity Programs Or Individual Retirement Accounts
Any local unit or agency thereof, herein referred to as employers, may: a. Enter into contracts of group life, accidental death and dismemberment, hospitalization,...
- Section 40a:10-17.1 - County, Municipal, Contracting Unit Employee Permitted To Waive Healthcare Coverage.
37.Notwithstanding the provisions of any other law to the contrary, a county, municipality or any contracting unit as defined in section 2 of P.L.1971,...
- Section 40a:10-18 - Exclusions From Coverage
The contract shall exclude from eligibility: a. Employees and dependents, active or retired, who are otherwise eligible for coverage but who, although they meet...
- Section 40a:10-19 - Limitations, Exclusions, Exceptions To Be Contained In Contract
Any contract or contracts permitted under this subarticle shall contain limitations, exclusions or exceptions so as to avoid duplication of benefits or services otherwise...
- Section 40a:10-20 - Discontinuance Of Coverage; Exception
The coverage of any employee, and of his dependents, if any, shall cease upon the discontinuance of his employment or upon cessation of active...
- Section 40a:10-21 - Payment Of Premiums; Deduction Of Employee Contributions.
40A:10-21. a. Any employer entering into a contract pursuant to this subarticle is hereby authorized to pay part or all of the premiums or...
- Section 40a:10-21.1 - Contributions Of Employees Of Local Unit, Agency Toward Health Care Benefits.
42. a. Notwithstanding the provisions of any other law to the contrary, public employees, as specified herein, of a local unit or agency thereof,...
- Section 40a:10-21.2 - Negotiations For Next Collective Agreement.
79.A public employer and employees who are in negotiations for the next collective negotiation agreement to be executed after the employees in that unit...
- Section 40a:10-22 - Continuance Of Coverage After Retirement
The continuance of coverage after retirement of any employee may be provided at rates and under the conditions as shall be prescribed in the...
- Section 40a:10-23 - Payments Of Premiums After Retirement.
40A:10-23. a. Retired employees shall be required to pay for the entire cost of coverage for themselves and their dependents at rates which are...
- Section 40a:10-23.1 - Payments By County Of Second Class For Benefits For Certain Retirees
2. Notwithstanding the provisions of N.J.S.40A:10-23 or any other law to the contrary, a county of the second class which has entered into contracts...
- Section 40a:10-23.2 - Liability Of Certain Townships For Health Benefits For Certain Retirees
1. Notwithstanding the provisions of N.J.S.40A:10-23 or any other law to the contrary, a township having a population of at least 90,000 according to...
- Section 40a:10-23.3 - Payment Of Health Benefit Premiums For Certain Local Government Retirees
1. Notwithstanding the provisions of N.J.S.40A:10-23 to the contrary, an employer which pays the premiums for health benefits for retirees pursuant to that section...
- Section 40a:10-23.4 - Paid Health Benefits For Certain Local Government Retirees.
1.An employer that has established a health insurance plan covering employees in and retirants from the service of the employer, and their dependents, may...
- Section 40a:10-23.5 - Establishment Of Cafeteria Plan For Health Benefits By Local Unit.
45.Notwithstanding the provisions of any other law to the contrary, a local unit of government, or an agency, board, commission, authority or instrumentality thereof,...
- Section 40a:10-24 - Summary Of Coverage Cost To Be Furnished Employer
In the event an insurance company issues a group insurance policy to an employer which includes two or more of the coverages authorized hereby,...
- Section 40a:10-25 - Filing Copy Of Contract With State Employees Health Benefit Commission; Report To Governor And Legislature
It shall be the duty of the executive officer of any employer who enters into a contract pursuant to this subarticle to file a...
- Section 40a:10-26 - Group Life Insurance Plans
In addition to the insurance required pursuant to chapter 15 of Title 34 of the Revised Statutes, the governing body of a municipality, in...
- Section 40a:10-27 - Other Group Insurance Plans
In addition to the insurance required pursuant to the provisions of chapter 15 of Title 34 of the Revised Statutes and the coverage provided...
- Section 40a:10-28 - Eligibility
A member of any incorporated volunteer first aid, emergency, rescue or ambulance squad shall not be ineligible to receive any of the benefits under...
- Section 40a:10-29 - Group Life Insurance Plans.
40A:10-29. In addition to the insurance required under chapter 15 of Title 34 of the Revised Statutes, a municipality maintaining a volunteer fire department,...
- Section 40a:10-30 - Other Group Insurance Plans
In addition to the insurance required pursuant to the provisions of chapter 15 of Title 34 of the Revised Statutes and the coverage provided...
- Section 40a:10-31 - Eligibility
A volunteer fireman shall not be ineligible to receive any of the benefits under N.J.S. 40A:10-29 and 40A:10-30 because he may otherwise receive any...
- Section 40a:10-32 - Coverage For Members Of Junior Firemen's Auxiliary
A municipality may provide members of a Junior Firemen's Auxiliary established as an auxiliary to a volunteer fire department or to an incorporated volunteer...
- Section 40a:10-33 - Group Life Insurance
The governing body of a municipality may appropriate moneys to defray the cost of group life insurance contracts and pay the premiums thereon for...
- Section 40a:10-34 - Eligibility
An auxiliary police volunteer shall not be ineligible to receive any of the benefits under N.J.S. 40A:10-33 because he may otherwise receive any form...
- Section 40a:10-34.1 - Contract; Coverage.
1.Any municipality or county, or agency thereof, hereinafter referred to as employers, may enter into contracts of group legal insurance with any insurer authorized,...
- Section 40a:10-34.2 - Premiums Or Charges; Employee Contribution; Retired Employees
Any employer entering into such a contract is authorized to pay part or all of the premiums or charges for such contracts and may...
- Section 40a:10-34.3 - Retired Employees With 25 Years Or More Service; Premiums
In providing for the continuance of coverage after retirement of employees and their dependents as authorized by section 2 of this act and notwithstanding...
- Section 40a:10-35 - Statutes Repealed
The following sections, chapters and acts, together with all amendments and supplements thereto are hereby repealed: Chapters 26 and 51 of Title 40 of...
- Section 40a:10-36 - Joint Insurance Fund; Definitions.
1. a. The governing body of any local unit, including any contracting unit as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), may by...
- Section 40a:10-36.1 - "Local Unit" For Purposes Of C.40a:10-36 et Seq.
11.For the purposes of P.L.1983, c.372 (C.40A:10-36 et seq.), "local unit" shall be deemed to include boards of education which join together with municipalities...
- Section 40a:10-36.2 - Establishment Of Joint Insurance Revolving Fund, Use Of Appropriated Moneys
12. The governing body of any local unit that has established a joint insurance fund may by resolution or ordinance, as appropriate, establish a...
- Section 40a:10-36.3 - Definitions Relative To Non-profit Housing Entities And Joint Insurance Funds.
1. a. For the purposes of P.L.2004, c.146 (C.40A:10-36.3) a "non-profit housing entity" means an organization that provides housing meeting the low and moderate...
- Section 40a:10-37 - Insurance Fund Commissioners; Appointment, Terms, Compensation
2. Upon the establishment of a joint insurance fund, the officer or body of each local unit having the power to make appointments for...
- Section 40a:10-38 - Powers, Authority
3. a. The commissioners of a joint insurance fund shall have the powers and authority granted to commissioners of individual local insurance funds under...
- Section 40a:10-38.1 - Commissioners; Additional Powers, Environmental Insurance
1. In addition to the powers and authority granted to commissioners pursuant to section 3 of P.L.1983, c.372 (C.40A:10-38), the commissioners of a joint...
- Section 40a:10-38.2 - Definitions
2. As used in this act: a. "Bond" means bonds and other obligations, such as letters of credit, authorized and issued by a joint...
- Section 40a:10-38.3 - Bylaws, Plan Of Risk Management; Filing Proof Of Approval
3. A copy of the proof of approval of the bylaws and plan of risk management issued by the Commissioner of Insurance pursuant to...
- Section 40a:10-38.4 - Issuance Of Bonds; Adoption Of Bond Resolution
4. a. For the purpose of raising funds to establish an environmental impairment liability insurance pool or for the purpose of funding or refunding...
- Section 40a:10-38.5 - Bonds
5. Upon adoption of a bond resolution, a joint insurance fund shall have the power to incur indebtedness, borrow money and issue its bonds...
- Section 40a:10-38.6 - Sale Of Bonds
6. Bonds of a joint insurance fund may be sold by the fund at public or private sale at a price determined by the...
- Section 40a:10-38.7 - Bond Resolution Adoption; Publication
7. A joint insurance fund shall cause a copy of a bond resolution adopted by it to be filed for public inspection in its...
- Section 40a:10-38.8 - Negotiability Of Bonds
8. Any provision of any law to the contrary notwithstanding, bonds issued pursuant to this act shall be fully negotiable within the meaning and...
- Section 40a:10-38.9 - Payment Of Bonds; Powers Of Joint Insurance Fund
9. A joint insurance fund, in order to secure the payment of its bonds shall have the power by provision in the bond resolution...
- Section 40a:10-38.10 - Appointment Of Trustee, Duties, Powers, Fees
10. a. If the bond resolution of a joint insurance fund authorizing or providing for the issuance of a series of bonds provides in...
- Section 40a:10-38.11 - Appointment Of Receiver
11. If the bond resolution of a joint insurance fund authorizing or providing for the issuance of a series of its bonds provides in...
- Section 40a:10-38.12 - Immunity Of Commissioners; Nonliability Of State
12. Neither the commissioners of the joint insurance fund nor any person executing bonds issued pursuant to this act shall be liable personally on...
- Section 40a:10-38.13 - Insurance Producers
15. The bylaws of a joint insurance fund may include procedures to recognize and pay commissions or fees to insurance producers appointed by the...
- Section 40a:10-38.14 - Joint Insurance Fund To Maintain Internet Website; Contents.
4.The joint insurance fund shall maintain an Internet website. The purpose of the website shall be to provide increased public access to the joint...
- Section 40a:10-38.15 - Claims Experience Information Provided By Joint Insurance Fund.
2A joint insurance fund established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.) and subsection e. of section 1 of P.L.1979, c.230 (C.40A:10-6) for the...
- Section 40a:10-39 - Bylaws For Joint Insurance Fund
The commissioners shall prepare and, after the approval, by resolution, of the governing body of each participating local governmental unit, shall adopt bylaws for...
- Section 40a:10-40 - Plan Of Risk Management
The commissioners shall prepare, or cause to be prepared, a plan of risk management for the joint insurance fund. The plan shall include, but...
- Section 40a:10-41 - Approval Of Bylaws And Plan Of Risk Management
No joint insurance fund shall begin providing insurance coverage to its member local units until its bylaws and plan of risk management have been...
- Section 40a:10-42 - Provision Of Insurance Coverage After Approval
Upon the approval of its bylaws and plan of risk management pursuant to the provisions of section 6 of this act, a joint insurance...
- Section 40a:10-43 - Commissioners May Amend Bylaws, Approval By Commissioner Of Insurance
The commissioners may, from time to time, amend the bylaws and plan of risk management of the fund; provided, however, that no such amendment...
- Section 40a:10-44 - Suspension, Termination, Assumption Of Control Or Other Action By Commissioner; Grounds
The Commissioner of Insurance shall have the authority to suspend or terminate the authority of any joint insurance, or to assume control of the...
- Section 40a:10-45 - Filing Of Agreements Or Contracts
The Commissioner of Insurance may, in his discretion, require the commissioners of any fund to file copies of any agreements or contracts entered into...
- Section 40a:10-46 - Annual Audit; Submission Of Copies
The insurance fund commissioners or the executive board thereof, as the case may be, shall cause an annual audit to be conducted by an...
- Section 40a:10-47 - Examinations Of Funds By Commissioner Of Insurance; Payment Of Expenses
The Commissioner of Insurance may conduct such examinations of any joint insurance fund as he deems necessary. The expense of any such examination shall...
- Section 40a:10-48 - Joint Insurance Fund Not Insurance Company Or Insurer And Activities Not Transaction Of Insurance Nor Doing Insurance Business; Inapplicability Of Insurance Laws
A joint insurance fund established pursuant to the provisions of this act is not an insurance company or an insurer under the laws of...
- Section 40a:10-49 - Rules And Regulations
Within 180 days after the effective date of this act, the Commissioner of Insurance, after consultation with the Commissioner of the Department of Community...
- Section 40a:10-50 - "Local Unit" Includes County Vocational School
For the purposes of the provisions of P.L. 1983, c. 372 (C. 40A:10-36 et seq.), "local unit" shall be deemed to include a county...
- Section 40a:10-51 - "Local Unit" Includes County College
For the purpose of the provisions of P.L. 1983, c. 372 (C. 40A:10-36 et seq.), "local unit" shall be deemed to include a county...
- Section 40a:10-52 - Joint Insurance For Municipality, School District.
1.The governing body of any municipality and the board of education of any school district, provided that the district is not part of a...
- Section 40a:10-53 - Joint Insurance For Municipality, All Purpose Regional, Consolidated School District.
2.In the case of an all purpose regional school district or a consolidated school district, the governing body of any municipality and the board...
- Section 40a:10-54 - Joint Insurance For Municipality, Limited Purpose Regional School District.
3.In the case of a limited purpose regional school district, the governing body of any municipality and the board of education of the regional...
- Section 40a:10-55 - Additional Joint Insurance For Municipality, Limited Purpose Regional School District, Other District.
4.In the case of a limited purpose regional school district, in addition to any contract entered into by a municipality pursuant to section 3...
- Section 40a:10-56 - Joint Insurance For Municipality, County Vocational School District.
5.In the case of a county vocational school district, the governing body of any municipality and the board of education of the county vocational...
- Section 40a:10-57 - Additional Joint Insurance For Municipality, County Vocational School District, Other District.
6.In the case of a county vocational school district, in addition to any contract entered into by a municipality pursuant to section 5 of...
- Section 40a:10-58 - Contracts For Insurance
7. Any contract for insurance to be entered into in accordance with this act shall be established pursuant to sections 10 and 11 of...
- Section 40a:11-1 - Short Title; Citation
This act shall be known and may be cited as the "Local Public Contracts Law." L.1971, c. 198, s. 1, eff. July 1, 1971.
- Section 40a:11-2 - Definitions.
2.As used herein the following words have the following definitions, unless the context otherwise indicates: (1)"Contracting unit" means: (a)Any county; or (b)Any municipality; or...
- Section 40a:11-2.1 - Civil Action Brought On Behalf Of Local Contracting Unit.
7. a. A local contracting unit as defined in and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et...
- Section 40a:11-3 - Bid Threshold; Period Of Contracts.
3. a. When the cost or price of any contract awarded by the contracting agent in the aggregate does not exceed in a contract...
- Section 40a:11-4 - Contracts Required To Be Advertised, Disqualification Of Bidder.
4. a. Every contract awarded by the contracting agent for the provision or performance of any goods or services, the cost of which in...
- Section 40a:11-4.1 - Purposes For Which Competitive Contracting May Be Used By Local Units.
1.Notwithstanding the provisions of any law, rule or regulation to the contrary, competitive contracting may be used by local contracting units in lieu of...
- Section 40a:11-4.2 - Term Of Contract; Exceptions.
2.Unless an exception is provided for under section 15 of P.L.1971, c.198 (C.40A:11-15) permitting a longer contract duration, contracts awarded pursuant to section 5...
- Section 40a:11-4.3 - Competitive Contracting Process; Resolution, Administration.
3. a. In order to initiate competitive contracting, the governing body shall pass a resolution authorizing the use of competitive contracting each time specialized...
- Section 40a:11-4.4 - Request For Proposals; Documentation; Provisions.
4.The competitive contracting process shall utilize request for proposals documentation in accordance with the following provisions: a.The purchasing agent or counsel or administrator shall...
- Section 40a:11-4.5 - Competitive Contracting Proposal Solicitation.
5.Competitive contracting proposals shall be solicited in the following manner: a.A notice of the availability of request for proposal documentation shall be published in...
- Section 40a:11-4.6 - Implementation Of Energy Savings Improvement Program By Contracting Unit; Definitions.
6. a. (1) A contracting unit, as defined in P.L.1971, c.198 (C.40A:11-1 et seq.), may implement an energy savings improvement program in the manner...
- Section 40a:11-5 - Exceptions.
5.Any contract the amount of which exceeds the bid threshold, may be negotiated and awarded by the governing body without public advertising for bids...
- Section 40a:11-5.1 - Authority Of City Of First Class To Contract For Water Supply, Wastewater Treatment Services
2.The Legislature finds and declares it to be in the public interest and to be the public policy of the State to foster and...
- Section 40a:11-5.2 - Applicability Of C.40a:11-1 et Seq. To Certain Contracts By City Of First Class.
12. Notwithstanding the provisions of P.L.2002, c.47 (C.40A:12-17.1 et al.) to the contrary, any expenditure of funds by a duly incorporated nonprofit association that...
- Section 40a:11-6 - Emergency Contracts.
6.Emergency contracts. Any contract may be negotiated or awarded for a contracting unit without public advertising for bids and bidding therefor, notwithstanding that the...
- Section 40a:11-6.1 - Award Of Contracts.
6.All contracts enumerated in this section shall be awarded as follows: a.For all contracts that in the aggregate are less than the bid threshold...
- Section 40a:11-7 - Contracts Not To Be Divided.
7.Contracts not to be divided. a. No contract in the aggregate which is single in character or which necessarily or by reason of the...
- Section 40a:11-7.1 - Rules Concerning Determinations Of Aggregation.
13.For the purpose of ensuring consistency between the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), and the "Public School Contracts Law," N.J.S.18A:18A-1...
- Section 40a:11-8 - Bids For Provision Or Performance Of Goods Or Services.
8.Every contracting agent shall, at intervals to be fixed by the governing body, solicit by public advertisement the submission of bids for the provision...
- Section 40a:11-9 - Designation Of Purchasing Agent; Qualifications; Certification.
9. a. The governing body of any contracting unit may by ordinance, in the case of a municipality, by ordinance or resolution, as the...
- Section 40a:11-9a - Current Purchasing Agent, Lower Bid Threshold.
4.An individual who is the duly authorized purchasing agent of a contracting unit and does not possess a qualified purchasing agent certificate on the...
- Section 40a:11-9.1 - List Of Sources For Green Product Purchasing.
2.The State Treasurer, through the Division of Purchase and Property, in consultation with the Department of Environmental Protection and any other appropriate State agencies,...
- Section 40a:11-10 - Joint Agreements For Provision And Performance Of Goods And Services; Cooperative Marketing; Authorization.
10.Joint agreements for provision and performance of goods and services; cooperative marketing; authorization. (a) (1) The governing bodies of two or more contracting units...
- Section 40a:11-11 - Additional Matters Regarding Contracts For The Provision And Performance Of Goods And Services.
11.Additional matters regarding contracts for the provision and performance of goods and services. (1)The contracting units entering into a joint agreement pursuant to section...
- Section 40a:11-12 - Contracting Unit Purchases Through State Agency; Procedure.
12. a. Any contracting unit under this act may without advertising for bids, or having rejected all bids obtained pursuant to advertising therefor, purchase...
- Section 40a:11-13 - Specifications.
13.Specifications. Any specifications for the provision or performance of goods or services under this act shall be drafted in a manner to encourage free,...
- Section 40a:11-13.1 - Payment From Bequest, Legacy Or Gift; Conditions.
20.Goods or services, the payment for which utilizes only funds received by a contracting unit from a bequest, legacy or gift, shall be subject...
- Section 40a:11-13.2 - Rejection Of Bids; Reasons.
21.A contracting unit may reject all bids for any of the following reasons: a.The lowest bid substantially exceeds the cost estimates for the goods...
- Section 40a:11-14 - Form Of Contracts.
14.All contracts for the provision or performance of goods or services shall be in writing. The governing body of any contracting unit may, subject...
- Section 40a:11-15 - Duration Of Certain Contracts.
15.All contracts for the provision or performance of goods or services shall be awarded for a period not to exceed 24 consecutive months, except...
- Section 40a:11-15.1 - Insurance Contract To Fund Actuarial Liability
1. Notwithstanding the provisions of subsection (6) of section 15 of P.L.1971, c.198 (C.40A:11-15) to the contrary, a county or a municipality in which...
- Section 40a:11-15.2 - Contracts For Purchase Of Electricity For New County Correction Facility
63.In the case of construction of a new county correction facility, in addition to the purchase of thermal energy, contracts for the purchase of...
- Section 40a:11-15.3 - Contract For Marketing Of Recyclable Materials.
1. a. Notwithstanding the provisions of section 15 of P.L.1971, c.198 (C.40A:11-15) to the contrary, a county government contracting unit may enter into or...
- Section 40a:11-16 - Separate Plans, Specifications; Contracts.
16. a. (1) In the preparation of plans and specifications for the construction, alteration or repair of any public building by any contracting unit,...
- Section 40a:11-16.1 - $100,000 Contracts For Improvements To Real Property; Retainage, Security
1. Whenever any contract, the total price of which exceeds $100,000.00, entered into by a contracting unit, for the construction, reconstruction, alteration or repair...
- Section 40a:11-16.2 - Partial Payments; Deposit Bonds.
1.Any contract, the total price of which exceeds $100,000.00, entered into by a contracting unit involving the construction, reconstruction, alteration, repair or maintenance of...
- Section 40a:11-16.3 - Withholding Of Payments.
2. a. With respect to any contract entered into by a contracting unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) for which the...
- Section 40a:11-16.4 - Partial Payments For Materials.
3.Any contract entered into by a contracting unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) may also provide for partial payments at least...
- Section 40a:11-16.5 - Renegotiation Of Contract To Reflect Increase In Solid Waste Disposal Costs
Any person entering into a contract with a contracting unit pursuant to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), which contract requires the...
- Section 40a:11-16.6 - Definitions Relative To Value Engineering Change Orders; Requirement For Certain Contracts.
1. a. For the purpose of this act: "Construction" means the construction, reconstruction, demolition, erection, alteration, or repair of a structure or other improvement...
- Section 40a:11-17 - Number Of Working Days Specified
All specifications for the doing of any public work for a contracting unit shall fix the date before which the work shall be completed,...
- Section 40a:11-18 - American Goods And Products To Be Used Where Possible
Each local unit shall provide, in the specifications for all contracts for county or municipal work or for work for which it will pay...
- Section 40a:11-19 - Liquidated Damages; Void Provisions As To Contractor's Remedies
19. Any contract made pursuant to P.L.1971, c.198 (C.40A:11-1 et seq.) may include liquidated damages for the violation of any of the terms and...
- Section 40a:11-20 - Certificate Of Bidder Showing Ability To Perform Contract
There may be required from any bidder submitting a bid on public work to any contracting unit, duly advertised for in accordance with law,...
- Section 40a:11-21 - Guarantee To Be Furnished With Bid.
21.A person bidding on a contract for the erection, alteration or repair of a public building, structure, facility or other improvement to real property,...
- Section 40a:11-22 - Surety Company Certificate.
22. a. A person bidding on a contract for the erection, alteration or repair of a building, structure, facility or other improvement to real...
- Section 40a:11-23 - Advertisements For Bids; Bids; General Requirements.
23. a. All advertisements for bids shall be published in an official newspaper of the contracting unit sufficiently in advance of the date fixed...
- Section 40a:11-23.1 - Plans, Specifications, Bid Proposal Documents; Required Contents.
1.All plans, specifications and bid proposal documents for the erection, alteration, or repair of a building, structure, facility or other improvement to real property,...
- Section 40a:11-23.1a - Approval Of Change Order Under Certain Circumstances.
2.In the case of a project for the erection, alteration, or repair of a building, structure, facility or other improvement to real property, the...
- Section 40a:11-23.2 - Mandatory Items For Bid Plans, Specifications.
2.When required by the bid plans and specifications, the following requirements shall be considered mandatory items to be submitted at the time specified by...
- Section 40a:11-23.3 - Withdrawal Of Public Works Bid.
3. a. In the case of a bidding process for a public works contract, a bidder may request withdrawal of a bid, due to...
- Section 40a:11-23.4 - "Bulletin Nj."
1. a. The Division of Local Government Services in the Department of Community Affairs, in consultation with the Office of Information Technology, shall design,...
- Section 40a:11-23.5 - Rules, Regulations.
2.The Division of Local Government Services in the Department of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
- Section 40a:11-24 - Time For Making Awards; Deposits Returned
Time for making awards; deposits returned. a. The contracting unit shall award the contract or reject all bids within such time as may be...
- Section 40a:11-25 - General Power To Provide Qualification For Bidders.
25.The governing body of any contracting unit may establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded...
- Section 40a:11-26 - Standard Questionnaire; Effect Of Unsatisfactory Answers.
26.The governing body of any contracting unit may adopt a standard form of statement or questionnaire for bidders and may require from any person...
- Section 40a:11-27 - Standard Statements And Questionnaires; Prospective Bidders; Responses.
27.Such statements and questionnaires shall be standardized for like classes of goods or services to be submitted to prospective bidders who may be required...
- Section 40a:11-28 - Classification Of Prospective Bidders; Notice.
28.Prospective bidders shall be classified as to the character and amount of goods or services contracts as to which they shall be qualified to...
- Section 40a:11-29 - Reclassification Of Prospective Bidders; Request For; Time Limit.
29.If any person, after being notified of a classification, shall be dissatisfied therewith or with the classification of other bidders, that person may request...
- Section 40a:11-30 - Board Of Review Upon Classification; Membership, et Cetera
There is hereby established a board of review upon classification and reclassification of prospective bidders. This board shall consist of one member of the...
- Section 40a:11-31 - Reconsideration By Board Of Review; Request For; Time Limit.
31.Any prospective bidder who is dissatisfied with an original classification or reclassification may upon receipt of notice thereof, request in writing a hearing of...
- Section 40a:11-32 - Rejection Of Bids After Qualification Of Bidder; Hearing.
32.Nothing herein contained shall be construed as depriving any governing body of the right to reject a bid at any time prior to the...
- Section 40a:11-33 - Forfeiture Of Deposit In Certain Cases
A deposit made by any person who makes or causes to be made a false, deceptive or fraudulent statement or answers in response to...
- Section 40a:11-34 - Penalties For False Statements
Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the...
- Section 40a:11-35 - Indemnity Agreements; Federal Projects For Benefit Of Municipality
Any contracting unit may enter into an agreement indemnifying the United States of America, or any board, body, officer or agency thereof, from loss...
- Section 40a:11-36 - Sale Or Other Disposition Of Personal Property.
36.Any contracting unit by resolution of its governing body may authorize by sealed bid or public auction the sale of its personal property not...
- Section 40a:11-37 - Division Of Local Government Services To Assist Contracting Units.
37.The Division of Local Government Services in the Department of Community Affairs is hereby authorized to assist contracting units in all matters affecting the...
- Section 40a:11-37.1 - Rules.
44.Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Local Government Services after consultation with the...
- Section 40a:11-38 - Statutes Repealed
The following sections, chapter and acts, together with all amendments and supplements thereto, are hereby repealed: Chapter 25 of Title 40 of the Revised...
- Section 40a:11-39 - Effective Date
This act shall take effect July 1, 1971 but any action, purchase, sale, contract or agreement taken, made or entered into prior to this...
- Section 40a:11-40 - Authorization To Purchase Specific Materials At Auction; Procedure
1. Notwithstanding any provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), to the contrary, the governing body may by resolution...
- Section 40a:11-41 - Definitions.
1.As used in this act: a."County or municipal contracting agency" shall mean the governing body of a county or municipality or any department, board,...
- Section 40a:11-42 - Set-aside Programs Authorized.
2. a. The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified minority business enterprise set-aside...
- Section 40a:11-43 - Attainment Of Goals.
3. a. Any goal established pursuant to section 2 of this act may be attained by requiring that a portion of a contract be...
- Section 40a:11-44 - "Local Public Contracts Law" Applicable
All provisions of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.) and any supplements thereto, shall apply to purchases,...
- Section 40a:11-45 - Designation As Set-aside.
5.Notwithstanding the provisions of any law to the contrary, a contracting agency of a county or municipality which has established a qualified small business...
- Section 40a:11-46 - Set-aside Cancellation.
6. a. If the contracting agency determines that two bids from qualified small, qualified veteran, qualified minority or qualified women's businesses cannot be obtained,...
- Section 40a:11-47 - False Information; Penalties.
7.Where the governing body of a county or municipality determines that a business has been classified as a qualified small business enterprise, qualified veteran...
- Section 40a:11-48 - Annual Agency Report.
8.Each contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside...
- Section 40a:11-49 - Rules, Regulations
The Director of the Division of Local Government Services in the Department of Community Affairs may adopt rules and regulations pursuant to the provisions...
- Section 40a:11-50 - Process Of Resolution For Construction Contract Disputes.
1.All construction contract documents entered into in accordance with the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.) after the effective date of P.L.1997, c.371...
- Section 40a:11-51 - Limitations On Awarding Public Contracts To Entities That Made Political Contributions; Authority Of Local Units, Nonpreemption By State Law.
1. a. A county, municipality, independent authority, board of education, or fire district is hereby authorized to establish by ordinance, resolution or regulation, as...
- Section 40a:12-1 - Short Title
This act shall be known and be cited as the "Local Lands and Buildings Law." L.1971, c. 199, s. 1, eff. July 1, 1971.
- Section 40a:12-2 - Definitions
2. Definitions. The following words shall have the following meanings, unless the context clearly indicates the contrary: (a) "Acquire" shall include acquisition by gift,...
- Section 40a:12-3 - Acquisition Of Lands And Buildings
(a) Any county or municipality may acquire, construct and maintain such buildings or other capital improvements as may be necessary and suitable for the...
- Section 40a:12-4 - Further Acquisitions Authorized.
4.Any county or municipality may acquire: (a)Any real property, capital improvement, personal property or any interest or estate whatsoever therein, including easements, water, water...
- Section 40a:12-5 - Additional Powers
5. (a) Any county, by resolution, or any municipality, by ordinance, may provide for the acquisition of any real property, capital improvement, or personal...
- Section 40a:12-6 - Authorization To Incur Indebtedness And Make Appropriations
(a) Whenever, pursuant to law, a county or municipality is authorized to acquire or improve any real property or capital improvement, or both, or...
- Section 40a:12-7 - Subsequent Acquisition Of Outstanding Interests
Any county or municipality having acquired any real property, capital improvement or personal property or any estate or interest therein subject to any lawful...
- Section 40a:12-8 - Acquisition Of Interests In Lieu Of Enforcement Of Claims
When a county or municipality has or shall have acquired a lien or other interests by judgment, mortgage, tax, assessment, sale for taxes or...
- Section 40a:12-9 - Joint Departmental Acquisitions And Joint Use Of Buildings
Any county or municipality may provide for the construction and maintenance of one or more buildings and structures for the use of any department...
- Section 40a:12-10 - Joint Purchase Of Lands And Construction Of Buildings Or Other Capital Improvements For Joint Use
Any county or municipality may contract with each other or with any other county or municipality for the purpose of acquiring land and constructing...
- Section 40a:12-10.1 - Contracts For Joint Acquisition Of Land For Recreation, Conservation Purposes.
3. a. A municipality may contract with another municipality, a municipal utilities authority, or a school district for the purpose of acquiring land for...
- Section 40a:12-11 - Early Land Acquisition
Any county, by resolution, or municipality, by ordinance, may acquire real property and any estate or interest therein, including a lease with option to...
- Section 40a:12-12 - Acquisition Of Property In Other States; Necessity For And Manner Of Acquisition
When a county, by resolution, or municipality, by ordinance, determines that any real property located in a foreign state is necessary to the beneficial...
- Section 40a:12-13 - Sales Of Real Property, Capital Improvements Or Personal Property; Exceptions; Procedure.
13.Sales of real property, capital improvements or personal property; exceptions; procedure. Any county or municipality may sell any real property, capital improvement or personal...
- Section 40a:12-13.1 - Sales Of Real Property, Capital Improvements Or Personal Property; Authorization By Resolution
The sale by any municipality of any real property, capital improvements or personal property, or interests therein, not needed for public use by public...
- Section 40a:12-13.2 - Sales Of Real Property; Right Of First Refusal Of Contiguous Owners
Notwithstanding any provision of law to the contrary, whenever any municipality intends to sell real property which is less than the minimum size required...
- Section 40a:12-13.3 - Sale Of County Property To Municipality For Public Purposes
Notwithstanding any provisions of law to the contrary, when any governing body of a county determines that all or any part of a tract...
- Section 40a:12-13.4 - Conveyance To County
Notwithstanding any law to the contrary, when the governing body of a municipality determines that all or part of a tract of land, with...
- Section 40a:12-13.5 - Sale, Lease Or Exchange Of Real Property Of Capital Improvement By Counties; Conditions; Fees
1. a. In addition to any other applicable requirements of law, no county may sell, lease for a term of 20 years or more,...
- Section 40a:12-13.6 - Notice Of Public Hearing
2. In addition to any other applicable requirements of law, the county shall provide notice of any public hearing required pursuant to section 1...
- Section 40a:12-13.7 - Contents Of Notice Of Public Hearing
3. The following information shall be included in all notices required pursuant to section 2 of this act: a. A general description and the...
- Section 40a:12-13.8 - Bid Acceptance By County; Conditions
4. A county shall not accept any bid for any real property or capital improvement to be sold, leased for a term of 20...
- Section 40a:12-13.9 - Public Acquisition, Sale Of Real Property, Municipality, Certain; Authority Of Mayor.
1.Notwithstanding any provision of law to the contrary, in the case of a municipality with a population of 265,000 or greater, according to the...
- Section 40a:12-14 - Leasing Of County Or Municipal Real Property, Capital Improvements Or Personal Property.
14.Any county or municipality may lease any real property, capital improvement or personal property not needed for public use as set forth in the...
- Section 40a:12-14.1 - Lease Of Certain Farmland To Prior Lessee.
2.Whenever a county or municipality acquires real property that, immediately prior to acquisition, was leased from the prior owner by a private person for...
- Section 40a:12-15 - Purposes For Which Leases For A Public Purpose May Be Made.
15.Purposes for which leases for a public purpose may be made. A leasehold for a term not in excess of 50 years may be...
- Section 40a:12-15.1 - Findings, Declarations Relative To Lease, Sale Of Certain Property To Nonprofits For Certain Purposes.
1.The Legislature finds and declares: a.There exists in certain municipalities an excess of vacant property that is not needed for public use; and b.Vacant...
- Section 40a:12-16 - Exchanges Of Certain Lands; Exceptions
The governing body of any county, by resolution, or any municipality, by ordinances may exchange any lands or any rights or interests therein owned...
- Section 40a:12-17 - Application Of Proceeds Of Disposition Of Lands
When any county or municipality shall dispose of real property, capital improvements or personal property not acquired at a tax sale, having issued bonds...
- Section 40a:12-17.1 - Lease Of Land For Provision Of Water Supply, Wastewater Treatment Services In City Of
first class1. a. Notwithstanding the provisions of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.) or any other law, rule or...
- Section 40a:12-18 - Federal Aid
Every county or municipality making an acquisition, sale, lease or exchange pursuant to this act may apply for, receive and expend such grants, loans,...
- Section 40a:12-19 - Conveyance Of Lands For Educational Purposes
19. When the governing body of a county or municipality shall determine by resolution that all or any part of a tract of land...
- Section 40a:12-20 - Acquisition On Behalf Of Another Public Body
Any county or municipality may acquire, sell, lease or exchange, pursuant to this act, any real property, capital improvement or personal property in trust...
- Section 40a:12-21 - Private Sales To Certain Organizations Upon Nominal Consideration.
21.Private sales to certain organizations upon nominal consideration. When the governing body of any county or municipality shall determine that all or any part...
- Section 40a:12-21.1 - Private Sale Of Personal Property Authorized
2. When the governing body of any county or municipality shall determine that any form of personal property as defined in subsection (f) of...
- Section 40a:12-22 - Establishment, Maintenance Of Central Registry.
22.Each municipality and county may establish and maintain a central registry of all real property in which it has acquired title or a leasehold...
- Section 40a:12-23 - Display Of Flags On County And Municipal Buildings
The governing bodies of the respective counties and municipalities shall procure United States flags, flagstaffs and the appliances therefor for their particular county courthouse...
- Section 40a:12-24 - Rental Of Lands And Buildings Or Portions Thereof Not Needed For Public Use; Portions Of Buildings; Rental
Every county or municipality may lease for fixed and upon prescribed terms and for private purposes any of the land or buildings or any...
- Section 40a:12-25 - Use Of Public Building By Counties And Municipalities
Each county may authorize any municipality in the county to use, for municipal purposes, a portion of any county building and any municipality may...
- Section 40a:12-27 - Construction
The language and terms of this act shall be construed broadly, in order that counties and municipalities may have all of the powers necessary...
- Section 40a:12-28 - Saving Clause
Any acquisition, sale, lease or exchange made prior to the effective date of this act, pursuant to any act repealed or amended pursuant to...
- Section 40a:12-29 - Statutes Repealed
The following sections, chapters and acts, together with all amendments and supplements thereto are hereby repealed: Sections 40:9-1; 40:9-2; 40:9-4; 40:32-1; 40:32-2; 40:32-3; 40:32-4;...
- Section 40a:12-30 - Effective Date
This act shall take effect July 1, 1971. L.1971, c. 199, s. 30, eff. July 1, 1971.
- Section 40a:12-31 - Short Title
This act shall be known and may be cited as the "Urban Homesteading Act." L. 1988, c. 148, s. 1.
- Section 40a:12-32 - Findings, Declarations
The Legislature finds and declares that: a. There exists within this State a serious shortage of decent, safe, and sanitary dwelling units for persons...
- Section 40a:12-33 - Definitions
As used in this act: a. "Application" means all information required by the municipality of an applicant in order to make a determination regarding...
- Section 40a:12-34 - Urban Homesteading Program
a. A municipality may, by ordinance, establish an urban homesteading program. Any municipality which enacts such an ordinance shall designate in that ordinance an...
- Section 40a:12-35 - Certified List
Within 30 days of the enactment of an ordinance establishing an urban homesteading program and designating the urban homesteading agency, the tax collector shall...
- Section 40a:12-36 - Notice; Procedures
a. Upon receiving the list of in rem properties in the municipality pursuant to section 5 of this act, the urban homesteading agency shall...
- Section 40a:12-37 - Contract Provisions
The transfer of the urban homesteading property to the applicant selected pursuant to section 6 of this act shall be made pursuant to a...
- Section 40a:12-38 - Filing Of Ordinance
Within 30 days following the enactment of an ordinance establishing an urban homesteading program, the municipal clerk shall file a copy of the ordinance...
- Section 40a:12a-1 - Short Title
1. This act shall be known and may be cited as the "Local Redevelopment and Housing Law." L.1992,c.79,s.1.
- Section 40a:12a-2 - Findings, Determinations, Declarations
2. The Legislature hereby finds, determines and declares: a. There exist, have existed and persist in various communities of this State conditions of deterioration...
- Section 40a:12a-3 - Definitions.
3.As used in this act: "Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by a municipality, county, redevelopment entity, or...
- Section 40a:12a-4 - Powers Of Municipal Governing Body, Planning Board.
4.In exercising the redevelopment and rehabilitation functions provided for in this act: a.A municipal governing body shall have the power to: (1)Cause a preliminary...
- Section 40a:12a-4.1 - Affordable Housing Units Required For Tax Abatement, Certain.
1. Any municipality that has designated a redevelopment area, provides for a tax abatement within that redevelopment area and has adopted a housing element...
- Section 40a:12a-4.2 - Guidelines For Tax Abatement Relative To Affordable Housing.
2.Any municipality that makes the receipt of a tax abatement conditional upon the contribution to an affordable housing trust fund shall include within the...
- Section 40a:12a-5 - Determination Of Need For Redevelopment.
5.A delineated area may be determined to be in need of redevelopment if, after investigation, notice and hearing as provided in section 6 of...
- Section 40a:12a-6 - Investigation For Determination As Redevelopment Area, Public Hearing, Notice.
6. a. No area of a municipality shall be determined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize...
- Section 40a:12a-7 - Adoption Of Redevelopment Plan.
7. a. No redevelopment project shall be undertaken or carried out except in accordance with a redevelopment plan adopted by ordinance of the municipal...
- Section 40a:12a-8 - Effectuation Of Development Plan.
8.Upon the adoption of a redevelopment plan pursuant to section 7 of P.L.1992, c.79 (C.40A:12A-7), the municipality or redevelopment entity designated by the governing...
- Section 40a:12a-9 - Agreements With Redevelopers
9. a. All agreements, leases, deeds and other instruments from or between a municipality or redevelopment entity and to or with a redeveloper shall...
- Section 40a:12a-10 - Relocation Of Public Utility Facilities
10. Whenever a redevelopment entity which has acquired by purchase or condemnation real property for any project or for the widening of existing roads,...
- Section 40a:12a-11 - Creation Of Municipal Redevelopment Agency
11. a. The governing body of a municipality may, by ordinance, create a body corporate and politic to be known as the ". ....
- Section 40a:12a-11.1 - Findings, Declarations Relative To Municipal Redevelopment Agencies; Additional Commissioners, Certain.
1. a. The Legislature finds and declares that: (1)The redevelopment agencies of municipalities across this State renew the vitality and fabric of their neighborhoods...
- Section 40a:12a-12 - Executive Director Of Redevelopment Agency.
12. The executive director of a redevelopment agency shall have attained a degree from an accredited four year college or university, and shall have...
- Section 40a:12a-13 - Submission Of Applications
13. All applications for development or redevelopment of a designated redevelopment area or portion of a redevelopment area shall be submitted to the municipal...
- Section 40a:12a-14 - Conditions For Determination Of Need For Rehabilitation.
14. a. A delineated area may be determined to be in need of rehabilitation if the governing body of the municipality determines by resolution...
- Section 40a:12a-15 - Implementation Of Redevelopment Plan.
15.In accordance with the provisions of a redevelopment plan adopted pursuant to section 7 of P.L.1992, c.79 (C.40A:12A-7), a municipality or redevelopment entity may...
- Section 40a:12a-16 - Powers Of Municipality, County, Housing Authority
16. a. In order to carry out the housing purposes of this act, a municipality, county, or housing authority may exercise the following powers,...
- Section 40a:12a-17 - Creation Of Housing Authority
17. a. Except as provided in subsection b. of this section, the governing body of any county or municipality may, by ordinance, or by...
- Section 40a:12a-18 - Executive Director Of Housing Authority.
18. a. A housing authority shall appoint and may enter into a contract to employ an executive director as the authority may determine necessary...
- Section 40a:12a-18.1 - Certain Qualification For Employment As Executive Director
3. A person who was an employee of a local housing authority in the position of Deputy Executive Director or Assistant Executive Director on...
- Section 40a:12a-19 - Management, Operation Of Housing Projects
19. a. It is hereby declared to be the policy of this State that each municipality, county, or housing authority providing public housing pursuant...
- Section 40a:12a-20 - Rules, Regulations Concerning Admissions To Housing Project
20. The municipality, county or housing authority shall establish rules and regulations concerning admissions to any housing project which shall provide priority categories for...
- Section 40a:12a-21 - Municipal Housing Authority May Act As Redevelopment Entity
21. A municipality may authorize its municipal housing authority to act as a redevelopment entity under this act. An authorization made after the effective...
- Section 40a:12a-22 - Powers Of Municipality, County, Redevelopment Agency, Housing Authority.
22.A municipality, county, redevelopment agency, or housing authority is authorized to exercise all those public and essential governmental functions necessary or convenient to effectuate...
- Section 40a:12a-22.1 - Definitions Relative To Criminal History Background Checks For Local Housing Authority Employees.
1.As used in this act: "Applicant" means a person 18 years of age or older who is being considered for employment for at least...
- Section 40a:12a-22.2 - Criminal History Background Checks On Applicants For Employment With Local Housing Authorities.
2. a. An authority may perform criminal history background checks on applicants for employment, according to the provisions of this act. An authority which...
- Section 40a:12a-22.3 - Information Submitted By Applicant; Consent; Cost.
3.An applicant shall submit to the authority his or her name, address, and fingerprints taken on standard fingerprint cards by a State or municipal...
- Section 40a:12a-22.4 - Notification To Applicant; Appeal; Maintenance Of Information.
4. a. Upon receipt of an applicant's criminal history record information, an authority shall notify the applicant, in writing, as to whether he is...
- Section 40a:12a-23 - Agencies, Authorities Subject To Existing Laws
23. Each redevelopment agency and housing authority shall be subject to the provisions of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et...
- Section 40a:12a-24 - Dissolution Of Redevelopment Agency, Housing Authority
24. A municipality or county may dissolve its redevelopment agency or housing authority by ordinance, or by resolution in the case of a county...
- Section 40a:12a-25 - Expenditures Of Agency, Authority
25. All expenditures by a redevelopment agency or housing authority, including its debt payments, shall be consistent with its annual budget, which shall be...
- Section 40a:12a-26 - Financial Reports By Redevelopment Entity
26. Each redevelopment entity shall: a. As part of its annual budget, submit to the municipality an estimate of all income and expenses for...
- Section 40a:12a-27 - Oversight Of Governing Body Over Redevelopment Agency
27. a. The governing body of any municipality which has established a redevelopment entity may order the redevelopment agency, or any officer or employee...
- Section 40a:12a-28 - No Ordinance, Resolution Adopted By Initiative, Referendum
28. No ordinance, amendment or revision of an ordinance, or resolution under this act shall be submitted to or adopted by initiative or referendum,...
- Section 40a:12a-29 - Issuance Of Bonds, Notes
29. a. Bonds and notes issued by a redevelopment entity pursuant to this act shall be authorized by resolution of the redevelopment entity and...
- Section 40a:12a-30 - Power Of Redevelopment Entity To Issue Bonds, Notes.
30. a. A redevelopment entity shall have the power and is hereby authorized to issue, from time to time, its bonds, bond anticipation notes...
- Section 40a:12a-31 - Provisions Of Bond Resolution
31. Any bond resolution of a redevelopment entity providing for or authorizing the issuance of any bonds may contain provisions, and such entity, in...
- Section 40a:12a-32 - Appointment Of Trustee For Bondholders
32. a. If the bond resolution of a redevelopment entity authorizing or providing for the issuance of a series of its bonds shall provide...
- Section 40a:12a-33 - Appointment Of Receiver
33. If the bond resolution of a redevelopment entity authorizing or providing for the issuance of a series of its bonds shall provide in...
- Section 40a:12a-34 - Property Exempt From Levy, Sale
34. All property of a redevelopment entity shall be exempt from levy and sale by virtue of an execution, and no execution or other...
- Section 40a:12a-35 - Investment In Bonds
35. Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies...
- Section 40a:12a-36 - Projects, Properties Declared Public Property
36. All projects and all other properties of a redevelopment agency or housing authority are hereby declared to be public property of a political...
- Section 40a:12a-37 - Municipality, County May Incur Indebtedness To Aid Housing Authority, Redevelopment Entity
37. a. Any municipality or county may incur indebtedness, borrow, appropriate and expend money and issue its negotiable bonds or other obligations for the...
- Section 40a:12a-38 - Cooperation With Other Public Body
38. Any municipality or county may cooperate with any other public body, as authorized in the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et seq.),...
- Section 40a:12a-39 - Powers Of Public Body In Aiding, Cooperating With Projects
39. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing or redevelopment projects located within the area...
- Section 40a:12a-40 - Payment In Lieu Of Taxes
40. In connection with any housing project located wholly or partly within the area in which it is authorized to act, a public body...
- Section 40a:12a-41 - Donations, Capital Grants
41. Any municipality or county located in whole or in part within the area of operation of a housing authority or a redevelopment entity...
- Section 40a:12a-42 - Creation Of Advisory Council
42. A municipality or county may create an advisory council to advise it regarding housing or redevelopment matters. L.1992,c.79,s.42.
- Section 40a:12a-43 - Submission Of Annual Report
43. Any municipality, county, redevelopment entity or housing authority utilizing the powers authorized herein shall submit an annual report to the Commissioner of Community...
- Section 40a:12a-44 - Duties, Authority Of Commissioner
44. The Commissioner of Community Affairs shall be the chief advocate of the State in working with the federal Department of Housing and Urban...
- Section 40a:12a-45 - Standards For Course Of Study For Executive Directors.
45.The Commissioner of Community Affairs shall prescribe and enforce standards for the curriculum and administration of a course of study as he deems appropriate,...
- Section 40a:12a-46 - Completion Of Course Of Study By Incumbent Members, Executive Directors
46. a. Any person serving as a member of a housing authority or a redevelopment agency on or after the effective date of the...
- Section 40a:12a-47 - Completion By Executive Directors Of Course Of Study
47. Commencing one year after the effective date of P.L.1992, c.79 (C.40A:12A-1 et al.), a person appointed as executive director of a housing authority...
- Section 40a:12a-48 - Waiving Of Course Requirements
48. The commissioner may waive the course requirements set forth in sections 46 and 47 of P.L.1992, c.79 (C.40A:12A-46 and 40A:12A-47) for any person...
- Section 40a:12a-49 - Rules, Regulations
49. The Commissioner of Community Affairs shall promulgate rules and regulations to effectuate the provisions of this act. The Local Finance Board shall adopt...
- Section 40a:12a-50 - Findings, Declarations Relative To Landfill Reclamation Improvement Districts
1. a. The Legislature finds and declares that it is a public purpose and compelling State interest and is consistent with Article VIII, Section...
- Section 40a:12a-50a - "Large Site Landfill Reclamation And Improvement Law"
1. P.L.1995, c.173 (C.40A:12A-50 et seq.) as amended and supplemented shall be known and may be cited as the "Large Site Landfill Reclamation and...
- Section 40a:12a-51 - Definitions Used In C.40a:12a-50 et Seq.
2.As used in P.L.1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L.1996, c.73 (C.40A:12A-50a et al.): "Authority" means the New Jersey...
- Section 40a:12a-52 - Creation Of Landfill Reclamation Improvement Districts Permitted
3.A municipality in which there is a tract of land of at least 150 acres in size which may consist of one or more...
- Section 40a:12a-53 - Adoption Of Ordinance To Levy, Collect Franchise Assessment; Purposes
4. a. A municipality that has created a district pursuant to section 3 of P.L.1995, c.173 (C.40A:12A-52), in which there is an area designated...
- Section 40a:12a-53.1 - Powers Of Municipality Adopting Franchise Assessment Ordinance
6.For the purposes of the effective administration of the franchise assessment, a municipality adopting a franchise assessment ordinance shall have the power to: a.Collect...
- Section 40a:12a-54 - Appropriation Of Franchise Assessments; Apportionment Of Retained Amount
5. Any portion of the aggregate franchise assessment collected annually by the municipality which is not appropriated or expended by the municipality for purposes...
- Section 40a:12a-56 - Provision For Tax Abatement, Payments In Lieu Of Taxes; Special Assessments.
8. a. A municipality that has created a landfill reclamation improvement district pursuant to section 3 of P.L.1995, c.173 (C.40A:12A-52) may provide for tax...
- Section 40a:12a-57 - Application For Issuance Of Negotiable Bonds, Obligations Secured By Payments In Lieu Of Taxes, Special Assessments
9. a. The municipality may, by resolution of the governing body, authorize the municipality to apply to the authority for the authority to issue...
- Section 40a:12a-58 - Payments In Lieu Of Taxes Continuous Lien; Recording Of Ordinance; Termination Of Lien
10. a. Payments required to be made in accordance with an agreement for payments in lieu of taxes entered into under section 8 of...
- Section 40a:12a-59 - Payment In Lieu Of Taxes May Be Secured By Mortgage
11. In lieu of the provisions of section 10 of P.L.1996, c.73 (C.40A:12A-58), the municipality may provide in the agreement that the payment in...
- Section 40a:12a-60 - Bonds Exempt From Taxation; Exceptions
12. All bonds issued pursuant to this act are hereby declared to be issued by a political subdivision of this State and for an...
- Section 40a:12a-61 - Pledge, Covenant, Agreement With Bond Holders
13. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to this...
- Section 40a:12a-62 - Severability
14. If any section, subsection, clause or provision of this act shall be adjudged to be unconstitutional or ineffective in whole or in part,...
- Section 40a:12a-63 - Bonds, Notes, Obligations Presumed Fully Authorized, Issued
15. After issuance, pursuant to this act, all bonds, notes or other obligations shall be conclusively presumed to be fully authorized and issued by...
- Section 40a:12a-64 - Short Title
1.Sections 1 through 10 of P.L.2001, c.310 (C.40A:12A-64 et seq.) shall be known and may be cited as the "Redevelopment Area Bond Financing Law."
- Section 40a:12a-65 - Definitions Relative To "Redevelopment Area Bond Financing Law."
2.As used in sections 1 through 10 of P.L.2001, c.310 (C.40A:12A-64 et seq.): "Authority" means the New Jersey Economic Development Authority established pursuant to...
- Section 40a:12a-66 - Tax Abatement Within Redevelopment Area; Special Assessments.
3. a. A municipality that has designated a redevelopment area or a municipality in which a redevelopment project is undertaken by a State entity...
- Section 40a:12a-67 - Issuance Of Bonds By Municipality.
4. a. The municipality may issue bonds itself in the manner provided for herein or pursuant to the "Local Redevelopment and Housing Law," P.L.1992,...
- Section 40a:12a-68 - Payments In Lieu Of Taxes Constitute Municipal Lien.
5. a. Payments required to be made in accordance with an agreement for payments in lieu of taxes entered into under section 3 of...
- Section 40a:12a-69 - Payment Secured By Mortgage
6. In lieu of, or in addition to, the provisions of section 5 of P.L.2001, c.310 (C.40A:12A-68), the municipality may provide in the agreement...
- Section 40a:12a-70 - Bonds Exempt From Taxation
7.All bonds issued pursuant to the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) are hereby declared to be issued by a...
- Section 40a:12a-71 - Covenant, Agreement With Bondholders
8.The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to the "Redevelopment...
- Section 40a:12a-72 - Severability
9.If any section, subsection, clause or provision of the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) shall be adjudged to be...
- Section 40a:12a-73 - Bonds Presumed Authorized
10. After issuance, pursuant to the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) all bonds shall be conclusively presumed to be...
- Section 40a:13-1 - Boundaries
The boundaries of the several counties and municipalities shall be established by or pursuant to law. L.1979, c. 181, s. 3, eff. Aug. 29,
- Section 40a:13-2 - Extension Of County Boundaries Into The Ocean; Jurisdiction
The territorial limits of each county or portion thereof fronting upon the open sea shall extend to a line parallel with the ocean shore...
- Section 40a:13-3 - Application For Appointment Of Commissioners To Determine Boundary
Whenever it is necessary for any reason to determine the boundary lines or a portion thereof between adjoining counties, the governing body of one...
- Section 40a:13-4 - Commissioners; Oaths
The Superior Court shall appoint three commissioners, who shall not be residents of the concerned counties, to survey, ascertain and mark the boundary line...
- Section 40a:13-5 - Vacancy
Upon the vacancy in the office of a commissioner caused by his death, resignation or refusal to serve, the Superior Court shall appoint another...
- Section 40a:13-6 - Notice Of Meeting Of Commissioners
The commissioners shall give 30 days' notice in writing of the time and place of their meeting to perform their duties to the respective...
- Section 40a:13-7 - Powers And Authority Of Commissioners
In the discharge of their duties the commissioners shall have the power and authority to: a. Examine witnesses under oath to be administered by...
- Section 40a:13-8 - Report Of Commissioners; Filing; Effect
The commissioners shall file a report certified by them or any two of them to which shall be annexed their commission, oaths, maps and...
- Section 40a:13-9 - Expenses
All expenses incurred in determining and ascertaining the boundary line as provided in this subarticle shall be fixed by the Superior Court and paid...
- Section 40a:13-10 - Application For Appointment Of Commissioners To Determine Boundary
Whenever it is necessary for any reason to determine the boundary line or a portion thereof between adjoining municipalities, application may be made to...
- Section 40a:13-11 - Commissioners; Oaths
The Superior Court shall appoint three commissioners who shall be residents of the county, one to be appointed from each municipality, and one who...
- Section 40a:13-12 - Vacancy
Upon the vacancy in office caused by the death, resignation or refusal to serve, the Superior Court shall appoint another commissioner to fill the...
- Section 40a:13-13 - Notice Of Meeting Of Commissioners
The commissioners shall give 30 days' notice in writing of the time and place of their meeting to perform their duties to the clerks...
- Section 40a:13-14 - Powers And Authority Of Commissioners
In the discharge of their duties the commissioners shall have all of the powers set forth in N.J.S. 40A:13-7. L.1979, c. 181, s. 3,...
- Section 40a:13-15 - Report Of Commissioners; Effect
The commissioners shall file a report certified by them or any two of them to which shall be annexed their commission, oaths, maps and...
- Section 40a:13-16 - Expenses
All expenses incurred in determining and ascertaining the boundary line as provided in this subarticle shall be fixed by the Superior Court and paid...
- Section 40a:13-17 - Boundaries Of New Counties Or Municipalities
When a new county or municipality is formed altering the lines of an existing county or municipality, an accurate survey shall be made of...
- Section 40a:13-18 - Boundaries Of Private Lands Unaffected
The provisions of this article shall not affect the boundaries or lines of privately-owned lands. L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
- Section 40a:13-19 - Agreement Between Municipalities As To Control
When the boundary line between adjoining municipalities divides lands and buildings, so that a portion of the lands and buildings are located in each...
- Section 40a:13-20 - Facilities And Licenses Furnished By Municipality Having Control
The municipality assuming sole supervision of any lands or buildings mentioned in N.J.S. 40A:13-19 shall furnish them with the same services as are furnished...
- Section 40a:13-21 - Ascertainment Of County Or Municipal Dividing Lines
Whenever the center line of any nonnavigable stream forms a dividing line between a. two or more counties as well as between two or...
- Section 40a:13-22 - Resolution Defining Permanent Boundary; Agreement Fixing Line; Filing And Recording Agreement
The governing bodies of the counties and the governing bodies of the municipalities concerned, or the governing bodies of the municipalities alone concerned, shall...
- Section 40a:13-23 - Time Of Establishment Of Line; Effect
The line so ascertained shall be the boundary and line of division between the counties and the municipalities, or the municipalities, concerned from the...
- Section 40a:13-24 - R. S. 40:18-4 Saved From Repeal
R.S. 40:18-4 is saved from repeal. (This section saves the following acts creating counties, and establishing or otherwise affecting the boundaries thereof from repeal....
- Section 40a:13-25 - Chapter 176 Of The Laws Of 1938 Saved From Repeal
Chapter 176 of the Laws of 1938 (C. 40:18-4.1) is saved from repeal. (This act alters, changes and fixes the boundary lines of the...
- Section 40a:13-26 - Chapter 244 Of The Laws Of 1939 Saved From Repeal
Chapter 244 of the Laws of 1939 (C. 40:18-4.2 and C. 40:18-4.3) is saved from repeal. (This act annexes to the borough of Matawan,...
- Section 40a:13-27 - Chapter 253 Of The Laws Of 1950 Saved From Repeal
Chapter 253 of the Laws of 1950 is saved from repeal. (This act alters, changes and fixes the boundary line at the Piney Hollow-Winslow...
- Section 40a:13-28 - Chapter 132 Of The Laws Of 1958 Saved From Repeal
Chapter 132 of the Laws of 1958 is saved from repeal. (This act annexes to the township of Millburn, in the county of Essex,...
- Section 40a:13-29 - Chapter 203 Of The Laws Of 1965 Saved From Repeal
Chapter 203 of the Laws of 1965 is saved from repeal. (This act resettles a part of the boundary between the counties of Hunterdon...
- Section 40a:13-30 - Statutes Repealed
The following sections, chapters and acts, together with all amendments and supplements thereto, are hereby repealed: Revised Statutes Sections: R.S. 40:18-5 to 40:18-22 inclusive;...
- Section 40a:14-1 - County Fire Marshal; Appointment; Salary.
40A:14-1. County fire marshal; appointment; salary. The board of chosen freeholders of any county, by resolution, may create the office of county fire marshal...
- Section 40a:14-1.1 - Creation Of Arson Investigation Unit.
2. a. The board of freeholders of any county which has created the office of county fire marshal, other than a county in which...
- Section 40a:14-2 - County Fire Marshal; Powers And Duties.
40A:14-2. County Fire Marshal; powers and duties. The county fire marshal shall: act in an advisory capacity to all of the fire companies in...
- Section 40a:14-3 - Acting County Fire Marshal
In the event that a county fire marshal shall become incapacitated or otherwise disabled, the board of chosen freeholders of the county may appoint...
- Section 40a:14-6 - County Fire Marshal's Powers Not To Conflict
The powers, functions and duties of a county fire marshal shall not be deemed to conflict with the ordinances of any municipality relating to...
- Section 40a:14-7 - Creation And Establishment Of Fire Departments And Forces
The governing body of any municipality, by ordinance, may create and establish a paid or part-paid fire department and force and provide for the...
- Section 40a:14-7.1 - Arson Investigation Unit
a. The governing body of any municipality which has established a paid or part-paid fire department or force may, by ordinance, create an arson...
- Section 40a:14-9 - General Qualifications Of Members; Temporary Appointments; Absences From Duty.
40A:14-9. Except as otherwise provided by law, no person shall be appointed as a member of the paid or as a paid member of...
- Section 40a:14-9.1 - Requirement Of Residency In Municipality; Prohibition
No municipality shall pass any ordinance, resolution, rule, regulation, order or directive, making residency therein a condition of employment for the purpose of original...
- Section 40a:14-9.2 - Municipalities Wherein Civil Service Operative; Residency Requirements
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, applicants for appointment to the paid fire department and force...
- Section 40a:14-9.4 - Promotions; Preference To Resident
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, promotions to positions on the paid or part-paid fire department...
- Section 40a:14-9.6 - Municipalities Without Civil Service; Promotions; Preference To Resident
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is not in operation but wherein promotions to positions on the paid...
- Section 40a:14-9.7 - Continuance In Service; Persons Appointed Under Repealed Acts; Non-observance Of Residency Requirements
Any person serving as a member of a paid fire department and force or paid member of a part-paid fire department and force pursuant...
- Section 40a:14-9.8 - Residency In State; Requirement For Employment
Every member of a paid fire department and force and every paid member of a part-paid fire department and force shall be a resident...
- Section 40a:14-9.9 - Appointments To Municipal Fire Department, Force Of Certain Firefighters.
2. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-7, has established...
- Section 40a:14-10.1 - Residence Requirements For Persons Discharged Or Released From The Military Service
Any person who has served in the armed services of the United States and been discharged or released from such service under conditions other...
- Section 40a:14-10.1a - Fire Departments; Priority Of Eligibility For Initial Appointment; Preference, Certain.
1. a. In any municipality of this State, before any person shall be appointed as a member of the paid fire department or paid...
- Section 40a:14-12 - Age Requirements For Members
Except as otherwise herein provided, no person shall be appointed as a member or officer of the paid fire department or force or as...
- Section 40a:14-12.1 - Fire Signal System Repairman Or Lineman; Appointment To Uniformed Firefighting Position
Notwithstanding any provision of law, rule or regulation to the contrary, a municipal appointing authority may, without civil service examination, and irrespective of any...
- Section 40a:14-12.2 - Rights And Benefits Of Appointees
Upon such appointment, such persons shall be entitled to all the rights and benefits of persons who were appointed to uniformed firefighting positions pursuant...
- Section 40a:14-12.3 - Membership In Retirement System
The board of trustees of the Police and Firemen's Retirement System of New Jersey shall accept as a member of the retirement system any...
- Section 40a:14-12.4 - Appointment Of Firefighters Under Certain Circumstances.
1. a. Notwithstanding the provisions of N.J.S.40A:14-12 to the contrary, a municipal appointing authority may appoint to a uniformed firefighting position any person who...
- Section 40a:14-13 - Appointment Of Temporary Members And Officers; Termination Of Temporary Employment
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is in operation, whenever a vacancy occurs in the fire department or...
- Section 40a:14-14 - Delay In Qualifying Because Of Military Service
Any person who has been, or shall be, appointed as a member or officer of the paid or part-paid fire department or force while...
- Section 40a:14-15 - Temporary Vacancy Due To Military Service
When any member or officer of the fire department or force of any municipality is granted a leave of absence pursuant to any law...
- Section 40a:14-16 - Leaves Of Absence With Pay To Certain Members And Officers
The governing body of any municipality, by ordinance, may provide for granting leaves of absence with pay not exceeding one year, to members and...
- Section 40a:14-17 - Indeterminate Terms Of Office
Except as otherwise provided by law, in any municipality having permanent members and officers of a paid or part-paid fire department and force, the...
- Section 40a:14-18 - Minimum Salary For Firemen In Municipalities Located In Counties Other Than Of The First Or Second Class
Except as otherwise provided by law or whenever a higher minimum annual salary has been legally fixed by appropriate action, every municipal fireman in...
- Section 40a:14-19 - Suspension And Removal Of Members And Officers
Except as otherwise provided by law no permanent member or officer of the paid or part-paid fire department or force shall be removed from...
- Section 40a:14-20 - Hearings
Except as otherwise provided by law the officer, board or authority empowered to hear and determine the charge or charges made against a member...
- Section 40a:14-21 - Suspension Pending Hearing; Commencement Of Hearing
If any member or officer of the paid or part-paid fire department or force shall be suspended pending a hearing as a result of...
- Section 40a:14-22 - Review Of Disciplinary Conviction, Arbitration In Non-civil Service Municipality By Member, Officer Of Fire Department.
40A:14-22. Any member or officer of a paid or part-paid fire department or force in a municipality wherein Title 11A of the New Jersey...
- Section 40a:14-23 - Judicially Determined Illegal Suspension Or Dismissal; Member Or Officer Entitled To Recover Salary; Proviso
Whenever any member or officer of a paid or part-paid fire department or force shall be suspended or dismissed from his office, employment or...
- Section 40a:14-24 - Chaplains
The governing body of any municipality, by ordinance, may provide for the appointment of one or more chaplains to the paid or part-paid fire...
- Section 40a:14-25 - Decrease Of Force For Reasons Of Economy
The governing body of any municipality, if they shall deem it necessary for reasons of economy, may decrease the number of members and officers...
- Section 40a:14-26 - Emergency Assistance For Fire And Police Protection From Other Municipality; Payment; Rights In Event Of Casualty Or Death
In the event of an emergency the chief or head of any municipal fire department and force, volunteer fire company, municipal police department and...
- Section 40a:14-27 - Special Compensation For Permanently Disabled Members Or Officers
If a member or officer of the paid or part-paid fire department or force is permanently disabled from injuries received while in the performance...
- Section 40a:14-28 - Defense For Members Or Officers In Any Action Or Legal Proceeding Arising Out Of Or Incidental To Performance Of Duties
Whenever a member or officer of a municipal fire department or force is a defendant in any action or legal proceeding arising out of...
- Section 40a:14-28.1 - Applicability Of "45-day" Rule For Violation Of Internal Rules To Paid Members Of Fire Departments.
4.A person shall not be removed from employment or a position as a paid member of a paid or part-paid fire department or force,...
- Section 40a:14-29 - Promotion Of Members And Officers In Certain Municipalities
In any municipality except in cities of the first class a promotion of any member or officer of the paid or part-paid fire department...
- Section 40a:14-30 - Removal From Fire Hazards Of Tangible Personal Property; Custody; Arrest Of Offenders
Any member or officer of a municipal fire department or force subject to the rules and regulations thereof in connection with a fire may...
- Section 40a:14-31 - Transfer Of A Fire Patrol To A Municipality
In any municipality wherein there is a fire patrol or protective association organized pursuant to the provisions of chapter 9, Title 15 of the...
- Section 40a:14-32 - Use Of Fire Fighting Equipment By Training Organizations
The governing body of any municipality or the board of fire commissioners of any fire district, by resolution, may authorize the use of their...
- Section 40a:14-33 - Municipality May Contribute Money For General Purposes Of Incorporated Volunteer Fire Department
In any municipality where there is an incorporated volunteer fire department which is limited to raising in any one year for the purposes of...
- Section 40a:14-34 - Municipal Appropriations To Fire Companies.
40A:14-34. The governing body of any municipality may raise and appropriate funds to be granted to the boards of fire commissioners of any fire...
- Section 40a:14-35 - Fire Protection From Adjoining Municipality
40A:14-35. The governing body of a municipality may appropriate such sums of money as shall be deemed necessary to aid a municipal paid or...
- Section 40a:14-36 - Compensation For Losses Sustained By Volunteer Firemen
The governing body of a municipality, by resolution, may appropriate annually such sums of money as they shall deem necessary for the purpose of...
- Section 40a:14-37 - Volunteer Firefighters' Life Insurance.
40A:14-37. a. In any fire district maintaining a volunteer fire department, or wherein there shall exist one or more incorporated volunteer fire companies affording...
- Section 40a:14-38 - Board Of Commissioners May Continue Insurance For Volunteer Firemen
In any fire district in this State maintaining a volunteer fire department, or wherein there shall exist one or more incorporated volunteer fire companies...
- Section 40a:14-39 - Other Compensation Not To Affect Eligibility To Receive Insurance Benefits
No member of any volunteer fire department or of any incorporated volunteer fire company shall be considered ineligible to receive said insurance benefits because...
- Section 40a:14-41 - Conversion Of Volunteer To Paid Fire Department; Referendum
No municipality having a volunteer fire department shall establish a paid fire department and convert its volunteer force into a paid fire department unless...
- Section 40a:14-42 - Appointment Of Volunteer Firemen Or Other Persons To Paid Positions
In any municipality where there is a volunteer fire company or force, maintained and controlled by the municipality, having no paid fireman and thereafter...
- Section 40a:14-43 - Appointment Of Volunteer Firemen Or Other Persons To Newly Established Paid Fire Department
In any municipality where there is a volunteer fire company or force, maintained and controlled by the municipality, and the governing body of the...
- Section 40a:14-44 - Appointment Of Volunteer Firemen Or Other Persons To A Part-paid Fire Department
In any municipality where there is a volunteer fire company or force, maintained and controlled by the municipality and a part-paid fire department composed...
- Section 40a:14-45 - Service Credits And Conditions Upon Appointments To Paid Or Part-paid Fire Departments
In any municipality where an examination is scheduled to determine appointments to the paid or part-paid fire department and force, any qualified fireman having...
- Section 40a:14-46 - Two-platoon System In Certain Municipalities Having A Paid Fire Department And Force
The governing body of a municipality, having a paid fire department and force, by resolution, may divide the members and officers of such department...
- Section 40a:14-47 - Two-platoon System For Fire Department In Certain Municipalities; Establishment; Referendum
In municipalities, except cities of the first class, wherein a proposal for a 2-platoon system shall have been adopted the governing body of the...
- Section 40a:14-48 - Two-platoon System For Fire Department In Cities Of The First Class; Emergency Service; Compensatory Time Off
In cities of the first class, the governing body, by resolution, or the board of fire commissioners or officials in charge of a fire...
- Section 40a:14-49 - Fifty-six Hour Week For Members And Officers; Referendum
The governing body of any municipality, by ordinance, may adopt a schedule of hours of actual duty for the members and officers of a...
- Section 40a:14-50 - Certain Emergency Service And Compensation
"Emergency" as used herein shall include any unusual conditions caused by any circumstances or situation including shortages in the personnel of the paid or...
- Section 40a:14-51 - Emergency Service; Compensatory Time Off
In cases of conflagration or other emergency, the officials in charge of the paid or part-paid fire department and force in any municipality, shall...
- Section 40a:14-52 - Schedule Of Hours Of Actual Duty
In any municipality, the governing body, by ordinance, may adopt a schedule of hours of actual duty for the paid officers and members of...
- Section 40a:14-53 - Traffic Regulations In Fire Areas
The governing body of any municipality, by ordinance, may authorize the officials in charge of the paid or part-paid fire department and force to...
- Section 40a:14-54 - Firemen In The Performance Of Their Duties To Have Powers Of Police Officers
The members and officers of the paid or part-paid fire department and force of a municipality shall have the powers and authority of police...
- Section 40a:14-54.1 - Authority At Scene Of Fire Of Fire Official In Charge Of Supervision Or Direction Of Operations
The chief or other superior officer of any municipal paid or part-paid fire department or volunteer fire company, or a State fire warden, who...
- Section 40a:14-55 - Definitions Relating To Fire Departments And Exempt Firemen.
40A:14-55. Definitions relating to fire departments and exempt firemen. "Fire department and force", "fire department or force" or "fire department" means the officers and...
- Section 40a:14-56 - Exempt Fireman Certificate; Eligibility.
40A:14-56. A member of the fire department and force of a municipality shall be entitled to an exempt fireman certificate when it appears that...
- Section 40a:14-57 - Verified List Of Nonexempt Members To Be Filed With Municipal Clerk
The official in charge of the fire department and force shall annually file with the municipal clerk a verified list of all of the...
- Section 40a:14-58 - Members Of Volunteer Fire Company On Disbandment Entitled To Exempt Fireman Certificates
Whenever a volunteer fire company is disbanded and replaced by a paid or part-paid fire department and force, the members of such company who...
- Section 40a:14-59 - Issuance Of Exempt Fireman Certificates.
40A:14-59. The governing body of a municipality shall issue exempt fireman certificates to members of the fire department and force entitled thereto. The certificate...
- Section 40a:14-60 - Tenure Of Exempt Firemen In Office, Position Or Employment Of State, County, Municipality, School Board Or Board Of Education; Removal Upon Charges After Hearing
Whenever any person possessing an exempt fireman certificate holds an office, position or employment of the State, or a county or municipality or a...
- Section 40a:14-61 - Exempt Firemen Entitled To Certain Rights, Privileges Or Benefits
Whenever in any law any rights, privileges or benefits are granted to exempt firemen holding appointive offices, positions, or employments in either the State,...
- Section 40a:14-62 - Tenure Of Exempt Fireman In Office, Position Or Employment Of Intermunicipal Commissions
Whenever any person possessing an exempt fireman certificate holds an office, position or employment under a commission elected or appointed by the governing bodies...
- Section 40a:14-63 - Office Or Position Held By An Exempt Fireman Not To Be Abolished Or Changed Or Emoluments Reduced To Terminate Services
No department of the State government nor any board of chosen freeholders of a county, or governing body of a municipality, or a school...
- Section 40a:14-64 - Tenure In Office Held By An Exempt Fireman
Whenever an exempt fireman holds a State, county, municipal or a board of education office not created by the Constitution, he shall hold such...
- Section 40a:14-65 - Office Not To Be Abolished For Economy Reasons Or Otherwise To Terminate Services Of An Exempt Fireman Having Tenure; Exceptions
No department of the State government, nor any board of chosen freeholders of a county, governing body of a municipality or board of education...
- Section 40a:14-67 - Intermunicipal Fire Departments And Forces
The governing bodies of 2 or more adjoining municipalities, by reciprocal ordinances, may provide for the establishment and maintenance of a joint fire department...
- Section 40a:14-68 - Contracts With Volunteer Fire Companies; Member Holding Public Office.
40A:14-68. a. In any municipality not having a paid or part-paid fire department and force, the governing body, by ordinance, may contract with a...
- Section 40a:14-70 - Fire District Designation; Procedure; Election Of Commissioners
40A:14-70. In any municipality not having a paid or part-paid fire department and force, the governing body, upon application of at least 5% of...
- Section 40a:14-70.1 - Establishment Of A Volunteer Fire Company Within A Fire District; Contract With Volunteer Fire Company Outside Fire District
40A:14-70.1. a. Any persons desiring to form a volunteer fire company to be located within or otherwise servicing the area encompassing a fire district...
- Section 40a:14-70.2 - Fire District To Maintain Internet Website, Webpage; Contents.
5.Any fire district established pursuant to N.J.S.40A:14-70 shall maintain either an Internet website or a webpage on the municipality's Internet website. The purpose of...
- Section 40a:14-71 - Nominating Petitions.
1.Candidates for membership on the board shall be nominated by verified petitions. Any such petition shall be in writing, addressed to the municipal clerk...
- Section 40a:14-72 - Annual Fire District Elections
40A:14-72. An election shall be held annually on the third Saturday in February in each established fire district for the election of members of...
- Section 40a:14-73 - Form Of Ballot
40A:14-73. The ballots shall be written or printed on opaque paper, uniform in size and quality. Each ballot shall have at the top, a...
- Section 40a:14-74 - Elections; Notice; Publication; Eligibility Of Voters
The municipal clerk or the clerk of the board of fire commissioners, as the case may be, shall cause a further notice of the...
- Section 40a:14-75 - Use Of Voting Machines
The superintendent of elections of any county having a superintendent of elections or the county board of elections of any county not having a...
- Section 40a:14-76 - Polls; Hours
Upon petition of 25 or more voters, filed with the clerk of the board at least 20 days prior to the date of any...
- Section 40a:14-77 - Manner Of Conducting Elections
Before the opening of the polls a public proclamation shall be made by the chairman of the board or the clerk or his or...
- Section 40a:14-78 - Appropriation To Be Voted Upon, Form Of Question
40A:14-78. Any appropriation or other matter to be voted upon at such election shall be in the form of a question, placed upon the...
- Section 40a:14-78.1 - Fire District Budget; Time Of Introduction; Public Hearing; Notice
The fire commissioners of any fire district shall introduce and approve the annual budget not later than 60 days prior to the annual election...
- Section 40a:14-78.2 - Adoption Of Fire District Budget; Public Hearing
No fire district budget shall be adopted until a public hearing has been held thereon and taxpayers of the district and all persons having...
- Section 40a:14-78.3 - Amendments; Hearing; Notice
The fire commissioners may amend the budget during or after the public hearing. All amendments shall be read in full. No amendment shall be...
- Section 40a:14-78.4 - Adoption Of Budget; Time; Advertisement
The fire district budget shall be adopted, by a vote of a majority of the full membership of the fire commissioners, not later than...
- Section 40a:14-78.5 - Adoption Of Budget Amendments.
9. a. If at the annual election held pursuant to N.J.S.40A:14-72 the question of finally adopting the budget is voted affirmatively upon by a...
- Section 40a:14-78.6 - Fire District Budget To Provide Separate Sections.
10.The fire district budget shall provide for separate sections for: a.Operating appropriations: (1) Current operating expenses; (2) Amounts necessary to fund any deficit from...
- Section 40a:14-78.7 - Separate Items In Operating Appropriations Section
The operating appropriations section of the fire district budget shall set forth separate items for administration, operation and maintenance of each office or agency...
- Section 40a:14-78.8 - Separate Items In Fire District Budget
The fire district budget shall provide for separate items for: a. Surplus, which shall not exceed the amount of surplus held in cash or...
- Section 40a:14-78.9 - Transfer Of Appropriations Between Items.
5. a. Whenever it shall become necessary during the last two months of the fiscal year to expend amounts in excess of those appropriations...
- Section 40a:14-78.10 - Reserve Item Transfers
a. If, during the first two months of any fiscal year, the amount of any appropriation reserve in any line item of the operating...
- Section 40a:14-78.11 - Emergency Appropriations
A fire district may make emergency appropriations, after the adoption of a budget approved by the Director of the Division of Local Government Services...
- Section 40a:14-78.12 - 3% Limit
An emergency appropriation, together with all prior emergency appropriations made during the same year, shall not exceed 3% of the total of current operating...
- Section 40a:14-78.13 - Emergency Appropriation Resolution
Emergency appropriations shall be made as follows: a. The board of fire commissioners of any fire district shall, by resolution adopted by not less...
- Section 40a:14-78.14 - Deferred Charge
The total amount of all emergency appropriations shall be provided in full by the fire district as a deferred charge in the budget of...
- Section 40a:14-78.15 - Financing Of Emergency Appropriation
A fire district may finance any emergency appropriation from the district's available surplus funds, or may borrow money for a period of time not...
- Section 40a:14-78.16 - Fiscal Year
Commencing January 1, 1986 all fire district fiscal years shall begin on January 1 and end December 31. Any fire district with a fiscal...
- Section 40a:14-78.17 - Temporary Budget
A fire district may and, if any contracts, commitments or payments are to be made prior to the adoption of the budget, shall, by...
- Section 40a:14-79 - Tax Assessment; Tax Due.
40A:14-79. Upon proper certification pursuant to section 9 of P.L.1979, c.453 (C.40A:14-78.5), the assessor of the municipality in which the fire district is situate...
- Section 40a:14-80 - Borrowing Money In Anticipation Of Revenue
The commissioners of any fire district, by resolution, may borrow after March 1 and before December 31 following, a sum not to exceed the...
- Section 40a:14-81 - Board Of Fire Commissioners; General Powers
The commissioners of a fire district shall have the powers, duties and functions within said district to the same extent as in the case...
- Section 40a:14-81.1 - Fire Districts; Paid Positions; Establishment; Resolution; Procedure For Passage; Publication
a. The commissioners of any fire district may, by resolution, establish paid positions within the fire department, or for the fire district, as such...
- Section 40a:14-81.2 - Qualifications For Appointment To Paid Position.
2.Except as otherwise provided by law, no person shall be appointed to a paid position authorized pursuant to section 1 of P.L.1979, c.453 (C.40A:14-81.1)...
- Section 40a:14-81.3 - Supervisory Authority
Supervisory authority over personnel of a fire district may be exercised by the commissioners of the fire district or delegated, by resolution, to any...
- Section 40a:14-81.4 - Employees And Volunteer Firemen; Reimbursement For Expenses And Losses
Any employees of a fire district and any volunteer firemen having membership in a volunteer fire company within the fire district may be reimbursed...
- Section 40a:14-81.5 - Travel Expenses; Advances
The governing body of any fire district may, by resolution, provide for and authorize payment of advances to officers and employees of the fire...
- Section 40a:14-82 - Limitation Of Average Hours Of Duty For Uniformed Members Of Fire District Fire Departments
The board of commissioners of a fire district having a uniformed paid or part-paid fire department, by resolution, may adopt a schedule of hours...
- Section 40a:14-83 - Leasing Space In Building Of Fire District
The board of fire commissioners of a fire district may lease at a nominal rental space in any of its buildings to the municipality...
- Section 40a:14-84 - Revenue For Fire District Purposes; Limitations; Meetings
The legal voters, at the annual meeting or at a special meeting called by the commissioners of the fire district, may vote to raise...
- Section 40a:14-85 - Acquisition Of Property And Equipment For Fire Districts; Limitations; Referendum For Issuance Of Bonds
The board of commissioners of a fire district may purchase fire engines, apparatus or other appliances for the extinguishment of fires and acquire lands...
- Section 40a:14-85.1 - Appropriations By Fire Districts
Any fire district may appropriate such sums as it may deem necessary for the purchase of first aid, ambulance, rescue or other emergency vehicles,...
- Section 40a:14-86 - Voting On Bond Issue Of Fire District; Issuance And Sale
The legal voters, at any election held for the purpose of raising money by issuance of bonds, shall vote by ballot on the question....
- Section 40a:14-86.1 - Fire District Bonds; Bond Anticipation Notes
The board of commissioners of a fire district, following the authorization by voters of the issuance of bonds pursuant to N.J.S. 40A:14-86, may by...
- Section 40a:14-87 - Payments Of Interest And Principal; Inclusion In Budget; Borrowing To Pay
Whenever bonds have been duly issued the board of fire commissioners shall annually include in the budget of the fire district under the section...
- Section 40a:14-88 - Compensation For Members Of Boards Of Fire Commissioners
The secretary and treasurer shall be members of the board and their appointments shall be for terms of one year. Each member of the...
- Section 40a:14-89 - Fire District Treasurer, Custodian Of Money; Bond; Annual Audit
The treasurer of the fire district shall be the custodian and disbursing officer of the moneys of the said district. Moneys shall be disbursed...
- Section 40a:14-90 - Enlargement Of Fire District.
40A:14-90. Except as provided in a consolidation plan prepared in accordance with P.L.2015, c.279 (C.40A:14-90.1 et al.) the governing body of a municipality having...
- Section 40a:14-90.1 - Consolidation Of Fire Districts By Two Or More Municipalities.
2. a. The governing bodies of two or more municipalities may consider consolidating fire districts operating within each municipality upon receipt of parallel resolutions...
- Section 40a:14-90.2 - Consolidation Of Fire Districts Within Municipality.
3. a. A municipal governing body may consider the consolidation of two or more fire districts within that municipality, upon receipt of parallel resolutions...
- Section 40a:14-91 - Dissolution Of Fire District
Upon a written application therefor, of at least 5% of the registered voters or 20 legal voters whichever is the greater the governing body...
- Section 40a:14-92 - Cancellation Of Taxes Or Refunds On Dissolution Of Fire District
In any municipality wherein a fire district is dissolved the governing body of the municipality may cancel unpaid tax levies for the fire district...
- Section 40a:14-93 - Illegally Created Fire District; Abatements Or Refunds
Upon a written application therefor, of at least 20 legal voters residing in a fire district, alleging that the fire district was not created...
- Section 40a:14-94 - Formation Of New Municipalities; Abolition Of Fire District; Apportionment Of Assets And Liabilities
A fire district shall be deemed abolished when the municipality in which it is located shall be divided and formed into or become part...
- Section 40a:14-95 - Establishment Of Junior Firemen's Auxiliary
In any municipality or fire district in this State maintaining a volunteer fire department, or where there shall exist one or more incorporated volunteer...
- Section 40a:14-96 - Membership In Junior Firemen's Auxiliary, Minimum Age.
40A:14-96. No person shall be eligible for membership in the Junior Firemen's Auxiliary who is less than 14 or more than 21 years of...
- Section 40a:14-97 - Insurance Coverage For Members
A fire district may provide members of a Junior Firemen's Auxiliary established as an auxiliary to a volunteer fire department or to an incorporated...
- Section 40a:14-98 - Rules, Regulations Governing Junior Firemen's Auxiliary.
40A:14-98. a. The governing body of the municipality or the board of commissioners of the fire district shall, before authorizing the establishment of any...
- Section 40a:14-100 - Section 40:47-51 Of The Revised Statutes Saved From Repeal
Section 40:47-51 of the Revised Statutes is saved from repeal. [The act saved from repeal by said section, which section is now saved from...
- Section 40a:14-105.1 - Volunteer Firemen's Song
The song of the volunteer firemen of New Jersey shall be the words and music of the song entitled "The Volunteer" composed by Wayne...
- Section 40a:14-106 - County Police; Establishment
The governing body of any county, adopting rules for the regulation of traffic upon the county highways and roads and for the enforcement of...
- Section 40a:14-106a - 45-day Filing Deadline
A county law enforcement officer shall not be removed from the officer's employment or position, nor suspended, fined or reduced in rank for a...
- Section 40a:14-106.1 - First Or Second Class Counties; Grant Of General Authority By Ordinance Or Resolution
The governing body of any first or second class county may, by ordinance or resolution, as appropriate, provide that the county police department and...
- Section 40a:14-106.2 - Training For Officers; Necessity
All county police departments granted general authority shall provide the same training for their officers as is provided for regular municipal police officers, and...
- Section 40a:14-106.3 - Inapplicability To County Park Police Department Or System
Except as specifically provided, nothing contained in N.J.S. 40A:14-106 through N.J.S. 40A:14-117 shall apply to any county park police department or system, or the...
- Section 40a:14-107 - General Powers Of County Police
The members and officers of a county police department and force, in addition to any and all other powers prescribed by law, shall have...
- Section 40a:14-107.1 - Employee Benefits Of County Law Enforcement Officer In Lawful Exercise Of Statewide Police Powers
Whenever any county police officer, county detective, sheriff's officer or investigator sheriff's office has been conferred with Statewide police powers and is acting under...
- Section 40a:14-108 - Hours Of Service For Uniformed Members And Officers; Referendum
The hours of employment of the uniformed members and officers of any county police department or force having supervision and regulation of traffic on...
- Section 40a:14-109 - Doorman And Mechanic Have Rank Of Patrolman
Any person employed as a county police doorman or mechanic prior to the effective date of this law shall be a member of the...
- Section 40a:14-110 - Minimum Salary For County And County Park Policemen In Counties Other Than Of The First And Second Class
Except as otherwise provided by law or whenever a higher minimum annual salary has been legally fixed by appropriate action, every county or county...
- Section 40a:14-111 - Promotion Of Members And Officers In Certain Cases
In any county wherein Title 11 (Civil Service) of the Revised Statutes is not in operation, except as otherwise provided by law, a member...
- Section 40a:14-112 - Appearance As Witness; No Loss In Compensation
The board of chosen freeholders of a county, or the county park commissioners may, by resolution, provide that whenever any member of the county...
- Section 40a:14-113 - Leaves Of Absence With Pay To Certain Members And Officers
The board of chosen freeholders of any county, by resolution, may provide for granting leaves of absence with pay not exceeding one year, to...
- Section 40a:14-114 - Delay In Qualifying Because Of Military Service
Any person who has been, or shall be, appointed as a member or officer of the county police department and force while serving in...
- Section 40a:14-115 - Decrease Of Force For Reasons Of Economy
The board of chosen freeholders of any county, if they shall deem it necessary for reasons of economy, may decrease the number of members...
- Section 40a:14-116 - Special Compensation For Permanently Disabled Members Or Officers; Conditions
If a member or officer of a county police department or force is permanently disabled from injuries received while in the performance of his...
- Section 40a:14-117 - Defense For Members Or Officers In Any Action Or Legal Proceeding Arising Out Of Or Incidental To Performance Of Duties
Whenever a member or officer of a county police, or county park police, department or force is a defendant in any action or legal...
- Section 40a:14-118 - Police Force; Creation And Establishment; Regulation; Members; Chief Of Police; Powers And Duties
The governing body of any municipality, by ordinance, may create and establish, as an executive and enforcement function of municipal government, a police force,...
- Section 40a:14-118.1 - Municipal Police Vehicles To Be Equipped With Mobile Video Recording System.
1.Every new or used municipal police vehicle purchased, leased, or otherwise acquired on or after the effective date of P.L.2014, c.54 (C.40A:14-118.1 et al.)...
- Section 40a:14-118.2 - Rules, Regulations.
3.The Attorney General shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the provisions of...
- Section 40a:14-122 - General Qualifications Of Members Of Police Department And Force; Temporary Appointments; Absences From Duty
Except as otherwise provided by law, no person shall be appointed as a member of the police department and force, unless he: (1) is...
- Section 40a:14-122.1 - Requirement Of Residency In Municipality; Prohibition
No municipality shall pass any ordinance, resolution, rule, regulation, order or directive, making residency therein a condition of employment for the purpose of original...
- Section 40a:14-122.2 - Municipalities Wherein Civil Service Laws Operative; Residency Requirements
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, applicants for appointment to the police department and force who...
- Section 40a:14-122.4 - Promotions; Preference To Resident
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, promotions to positions on the police department and force shall...
- Section 40a:14-122.6 - Promotions; Preference To Residents
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is not in operation but wherein promotions to positions on the police...
- Section 40a:14-122.7 - Continuance In Service; Persons Appointed Under Repealed Acts; Non-observance Of Residency Requirements
Any person serving as a member of a police department and force pursuant to the provisions of any act repealed by this act shall...
- Section 40a:14-122.8 - Residency In State; Requirement For Employment
Every member of a police department and force shall be a resident of the State of New Jersey while serving in such position. Members...
- Section 40a:14-123.1 - Residence Requirements For Persons Discharged Or Released From The Military Service
Any person who has served in the armed services of the United States and been discharged or released from such service under conditions other...
- Section 40a:14-123.1a - Police Departments; Priority Of Eligibility For Initial Appointment; Preference, Certain.
2. a. In any municipality of this State, before any person shall be appointed as a member of the police department and force, the...
- Section 40a:14-127 - Age Requirements
Except as otherwise herein provided, no person shall be appointed as a member or officer of the police department or force in any municipality...
- Section 40a:14-127.1 - Reappointment Of Certain Law Enforcement Officers.
1. a. Notwithstanding the provisions of any other law to the contrary, any former State trooper, sheriff's officer or deputy, or county or municipal...
- Section 40a:14-127.2 - Other Qualifications
2. No former State trooper, sheriff's officer or deputy, or county or municipal policeman who meets the age requirements for reappointment under the provisions...
- Section 40a:14-127.3 - Rate Of Pension Contributions
3. The Board of Trustees of the Police and Firemen's Retirement System of New Jersey shall accept as a member of the retirement system...
- Section 40a:14-128 - Indeterminate Term Of Office
Except as otherwise provided by law, in any municipality having permanent members and officers of a police department and force, the employment of said...
- Section 40a:14-129 - Promotion Of Members And Officers In Certain Municipalities
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is not in effect, and except in cities of the first and...
- Section 40a:14-130 - Promotion Of Members And Officers In Certain Cases
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is not in operation, except as otherwise provided by law, a member...
- Section 40a:14-131 - Minimum Salary For Policemen In Municipalities Located In Counties Other Than Of The First Or Second Class
Except as otherwise provided by law or whenever a higher minimum annual salary has been legally fixed by appropriate action, every municipal policeman in...
- Section 40a:14-132 - Hours Of Service For Uniformed Members And Officers; Referendum
The hours of employment of the uniformed members and officers of the police department and force in any municipality shall not exceed 8 continuous...
- Section 40a:14-133 - Days Of Employment And Days Off; Emergency
The days of employment of any member or officer of the police department or force, including any officer having supervision or regulation of traffic...
- Section 40a:14-134 - Certain Emergencies; Compensation
"Emergency" as used herein shall include any unusual conditions caused by any circumstances or situation including shortages in the personnel of the police department...
- Section 40a:14-135 - Appearance As Witness; No Loss In Compensation
The governing body of any municipality may, by ordinance, provide that whenever any member of the police department or force shall be required to...
- Section 40a:14-136 - Leave Of Absence Without Pay; Retention Of Pension And Retirement Benefits
Leave of absence without pay may be granted by the authority in charge, to a member or officer of a municipal police department or...
- Section 40a:14-137 - Leaves Of Absence With Pay To Certain Members And Officers
The governing body of any municipality, by ordinance, may provide for granting leaves of absence with pay not exceeding one year, to members and...
- Section 40a:14-137.1 - Policemen Or Firemen; Accrued Vacation Pay; Payment Upon Death Or Retirement
The governing body of any municipality having a paid police or fire department shall be authorized, upon the death or retirement in good standing...
- Section 40a:14-138 - Delay In Qualifying Because Of Military Service
Any person who has been, or shall be, appointed as a member or officer of the municipal police department or force while serving in...
- Section 40a:14-139 - Clerks
The governing body of any municipality, in their discretion, by ordinance, may provide for the appointment of a clerk for the police department or...
- Section 40a:14-140 - Drivers And Attendants Of Police Vehicles; Other Personnel
The governing body of any municipality, by ordinance, may provide for the appointment of drivers and attendants of police vehicles and for the appointment...
- Section 40a:14-141 - Chaplains
The governing body of any municipality, by ordinance, may provide for the appointment of one or more chaplains to the police department or force....
- Section 40a:14-142 - Municipal Prison Keepers
In any municipality having a municipal prison the governing body, by ordinance, may provide for the appointment of a prison keeper and upon such...
- Section 40a:14-143 - Decrease Of Force For Reasons Of Economy
The governing body of any municipality, if they shall deem it necessary for reasons of economy, may decrease the number of members and officers...
- Section 40a:14-144 - Temporary Appointments
When any member or officer of the police department or force of any municipality is granted a leave of absence pursuant to any law...
- Section 40a:14-145 - Appointment Of Temporary Members And Officers; General Qualifications; Termination Of Employment
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is in operation, and a vacancy occurs in the police department or...
- Section 40a:14-146.1 - Security Officers
In any city of the first class, the governing body may create the title of security officers under the classified service of civil service,...
- Section 40a:14-146.2 - Current Housing Guards, Patrolmen
Notwithstanding any provision of law to the contrary relating to the qualification required for appointment to any municipal police force, any person holding position...
- Section 40a:14-146.2a - New Appointees
Any person appointed to the position of housing guard or housing patrolman after the effective date of this 1985 amendatory and supplementary act shall...
- Section 40a:14-146.3 - Police Powers
a. Any officer appointed pursuant to section 1 of P.L. 1975, c. 189 (C. 40A:14-146.2) in any city of the second class with a...
- Section 40a:14-146.4 - Retirement System Membership
Any housing guard or housing patrolman on the effective date of this act appointed as a housing police officer pursuant to the provisions thereof...
- Section 40a:14-146.6 - Identification Card, Badge Or Other Identifying Insignia; Special Law Enforcement Officers; Differentiation From Regular Police
Any other law to the contrary notwithstanding, the identification card, badge or other identifying insignia of any person who serves as a special policeman,...
- Section 40a:14-146.7 - Violations; Penalty
Any person who violates the provisions of this act shall be a disorderly person. L.1977, c. 131, s. 2.
- Section 40a:14-146.8 - Short Title
This act shall be known and may be cited as the "Special Law Enforcement Officers' Act." L. 1985, c. 439, s. 1, eff. Jan....
- Section 40a:14-146.9 - Definitions.
2.As used in this act: a."Commission" means the Police Training Commission established in the Department of Law and Public Safety pursuant to section 5...
- Section 40a:14-146.10 - Special Law Enforcement Officers.
3. a. Any local unit may, as it deems necessary, appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by...
- Section 40a:14-146.11 - Training; Classifications.
4. a. No person may commence his duties as a special law enforcement officer unless he has successfully completed a training course approved by...
- Section 40a:14-146.12 - Uniforms
Every special law enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function....
- Section 40a:14-146.13 - Fees
a. Except as specified in subsection b. of this section, a local unit may charge a reasonable fee as may be fixed by the...
- Section 40a:14-146.14 - Special Law Enforcement Officers, Appointment, Term, Regulations
a. Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the local...
- Section 40a:14-146.15 - Powers.
8.The chief of police, or, in the absence of the chief, other chief law enforcement officer of the local unit wherein the officer is...
- Section 40a:14-146.16 - Limitation On Hours.
9. a. Except as provided in subsection c. of this section, no special law enforcement officer may be employed for more than 20 hours...
- Section 40a:14-146.17 - Limitations On Number, Categories.
10.The local governing body shall by ordinance or resolution, as appropriate, establish limitations upon the number and categories of special law enforcement officers which...
- Section 40a:14-146.18 - Residency Requirement.
11.A local unit may provide by ordinance or resolution, as appropriate, that certain or all special law enforcement officers shall be residents of the...
- Section 40a:14-146.19 - Establishment Of Housing Authority Police Force By Certain Municipalities.
1. The governing body of every city of the first class having a population of more than 270,000 inhabitants, according to the 1990 federal...
- Section 40a:14-146.20 - Requirements For Appointment As Housing Authority Police Officer.
2. No person may be appointed as a housing authority police officer pursuant to section 1 of P.L.1997, c.210 (C.40A:14-146.19) unless that person: a....
- Section 40a:14-146.21 - Training Requirements For Housing Authority Police Officer.
3. a. A person appointed as a police officer for a housing authority police force pursuant to section 1 of P.L.1997, c.210 (C.40A:14-146.19) shall...
- Section 40a:14-146.22 - Wearing Of Nameplate, Metallic Shield; Exception.
4. Each housing authority police officer, when on duty, except when employed as a detective, shall wear in plain view a name plate and...
- Section 40a:14-146.23 - Immunity From Tort Liability; Benefits.
5. Notwithstanding any other provisions of law to the contrary, housing authority police officers appointed pursuant to this act shall have all the immunities...
- Section 40a:14-147 - Removal, Suspension Of Police Officer
40A:14-147. Except as otherwise provided by law, no permanent member or officer of the police department or force shall be removed from his office,...
- Section 40a:14-148 - Hearings
Except as otherwise provided by law, the officer, board or authority empowered to hear and determine the charge or charges made against a member...
- Section 40a:14-149 - Suspension Pending Hearing; Commencement Of Hearing
If any member or officer of the police department or force shall be suspended pending a hearing as a result of charges made against...
- Section 40a:14-149.1 - Suspension Of Officer Charged With Offense
Notwithstanding any other law to the contrary, whenever any municipal police officer is charged under the law of this State, another state, or the...
- Section 40a:14-149.2 - Reinstatement And Recovery Of Withheld Pay
If a suspended police officer is found not guilty at trial, the charges are dismissed or the prosecution is terminated, said officer shall be...
- Section 40a:14-149.3 - Reimbursement Of Municipality Of Salary Received During Suspension By Police Officer If Found Guilty
If any municipal police officer is suspended with pay and is found guilty of the charges brought against him said police officer shall reimburse...
- Section 40a:14-150 - Review Of Disciplinary Conviction, Arbitration In Non-civil Service Municipality By Member, Officer Of Police Department.
40A:14-150. Any member or officer of a police department or force in a municipality wherein Title 11A of the New Jersey Statutes is not...
- Section 40a:14-151 - Judicially Determined Illegal Suspension Or Dismissal; Member Or Officer Entitled To Recover Salary; Proviso
Whenever any member or officer of a municipal police department or force shall be suspended or dismissed from his office, employment or position and...
- Section 40a:14-152 - Members And Officers Shall Have Powers Of Peace Officers And Constables
The members and officers of a police department and force, within the territorial limits of the municipality, shall have all the powers of peace...
- Section 40a:14-152.1 - Municipal Police Officer; Power Of Arrest For Crime Committed In His Presence Anywhere Within State
Notwithstanding the provisions of N.J.S. 40A:14-152 or any other law to the contrary, any full-time, permanently appointed municipal police officer shall have full power...
- Section 40a:14-152.2 - Immunity From Tort Liability; Provision Of Benefits For Police, Law Enforcement Officer Exercising Statewide Police Powers; Exemptions; Terms Defined
1. Whenever any municipal police officer or other law enforcement officer has been conferred with Statewide police powers and is acting under lawful authority...
- Section 40a:14-153 - Records And Badges Of Awards To Members And Officers
40A:14-153. Whenever an award shall be made to a member or officer of the police department or force for heroic or meritorious service by...
- Section 40a:14-154 - Special Compensation For Permanently Disabled Members Or Officers; Conditions
If a member or officer of the municipal police department or force is permanently disabled from injuries received while in the performance of his...
- Section 40a:14-155 - Legal Expenses Of Police Officers
Whenever a member or officer of a municipal police department or force is a defendant in any action or legal proceeding arising out of...
- Section 40a:14-156 - Police Assistance In Other Municipality; Payment; Rights In Event Of Casualty Or Death
In the event of an emergency the chief or other head of any municipal police department and force or any park police department or...
- Section 40a:14-156.1 - Mutual Police, Fire Aid In Emergency, Agreements Between Municipalities; Interstate Authority
1. The governing bodies of two or more municipalities may by reciprocal ordinances enter into agreements with each other for mutual police or fire...
- Section 40a:14-156.2 - Members Of Police, Fire Department, Volunteer Fire Company; Powers, Authority, Immunity
2. Members of a police force or fire department and force or volunteer fire company in any municipality entering into any agreement hereunder, while...
- Section 40a:14-156.3 - Injury Or Death Benefits
If any member of a police force or fire department and force or volunteer fire company summoned pursuant to an agreement to render assistance...
- Section 40a:14-156.4 - Suspension Of Acts To Provide Emergency Assistance; Declaration Of Civilian Defense And Disaster Control Emergency
The county emergency management coordinator for the county in which emergency assistance is rendered pursuant to this act or N.J.S.40A:14-26 or N.J.S.40A:14-156, may by...
- Section 40a:14-157 - Public Auction Of Property
a. Where tangible personal property comes into the possession of the police department or force of a municipality, by finding and recovery, by a...
- Section 40a:14-158 - Special Joint Municipal Police Force
Any 2 or more municipalities abutting upon the ocean or coastal waters may create by reciprocal ordinances a special joint municipal police force to...
- Section 40a:14-159 - Chapter 151 Of The Laws Of 1958 Saved From Repeal
Chapter 151 of the laws of 1958 (C. 40:11-22 to C. 40:11-25 both inclusive) is saved from repeal. [The act saved from repeal by...
- Section 40a:14-159.1 - Chapter 303 Of The Laws Of 1969 Saved From Repeal
Chapter 303 of the laws of 1969 (C. 40:47-11.1 and C. 40:47-11.2) is saved from repeal. [The act saved from repeal by this section...
- Section 40a:14-160 - Section 40:47-12 Of The Revised Statutes Saved From Repeal
Section 40:47-12 of the Revised Statutes is saved from repeal. [The act saved from repeal by said section, which section is now saved from...
- Section 40a:14-161 - Chapter 188 Of The Laws Of 1959 Saved From Repeal
Chapter 188 of the laws of 1959 (C. 40:47-20.9) is saved from repeal. [The act saved from repeal by this section provided for the...
- Section 40a:14-162 - Chapter 56 Of The Laws Of 1962 Saved From Repeal
Chapter 56 of the laws of 1962 (C. 40:47-20.10 and C. 40:47-20.11) is saved from repeal. [The act saved from repeal by this section...
- Section 40a:14-163 - Chapter 187 Of The Laws Of 1964 Saved From Repeal
Chapter 187 of the laws of 1964 (C. 40:47-20.12), as amended by P.L.1969, c. 267, s. 6, is saved from repeal. [The act saved...
- Section 40a:14-164 - Chapter 288 Of The Laws Of 1966 Saved From Repeal
Chapter 288 of the laws of 1966 (C. 40:149-3.2 and C. 40:149-3.3) is saved from repeal. [The act saved from repeal by this section...
- Section 40a:14-172 - Section 40:174-148 Of The Revised Statutes Saved From Repeal
Section 40:174-148 of the Revised Statutes is saved from repeal. [The compiled act (P.L.1920, c. 163) saved from repeal by this section provides that...
- Section 40a:14-176 - Statutes Repealed
The following sections, acts and parts of acts, together with all amendments and supplements thereto, are hereby repealed. Revised Statutes Sections. 40:11-9 to 40:11-11...
- Section 40a:14-177 - Attendance At State, National Convention Of Certain Organizations.
1.The heads of the county offices of the several counties and the head of every department, bureau and office in the government of the...
- Section 40a:14-178 - Liability For Training Costs; Terms Defined.
1. a. Whenever a person who resigned as a member of a county or municipal law enforcement agency is appointed to another county or...
- Section 40a:14-178.1 - Liability For Certain Costs For Training Certain Law Enforcement Personnel; Definitions.
1. a. If a person appointed as a Class Two special resigns or refuses reappointment after serving less than 30 days with the municipality...
- Section 40a:14-179 - Base Salaries Of Police Chief, Deputy Chief
1. Notwithstanding any other law to the contrary whenever there is a police department organized in any political subdivision of this State and a...
- Section 40a:14-180 - Appointment Of Certain County, Municipal, Sheriff's Law Enforcement Officers.
1. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a county or municipality which, pursuant to N.J.S.40A:14-106,...
- Section 40a:14-180.1 - Appointment Of Certain Municipal Police Officers.
4. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-118, has established...
- Section 40a:14-180.2 - Appointment Of Certain County Correctional Officers.
2. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a county correctional facility, be that the governing...
- Section 40a:14-181 - Adoption Of Guidelines For Internal Affairs By Law Enforcement Agency.
10.Every law enforcement agency, including a police department of an institution of higher education established pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), shall adopt...
- Section 40a:14-181.1 - Definitions Regarding Motor Vehicle, Traffic Violations.
1.For the purposes of this act: "Citation" means a citation as defined in section 4 of P.L.1983, c.46 (C.39:5F-4). "Quota" means any requirement, in...
- Section 40a:14-181.2 - Police Ticket Quota For Motor Vehicle Violations Prohibited; Permitted Use Of Statistics.
2. a. A State, county or municipal police department or force engaged in the enforcement of Title 39 of the Revised Statutes or any...
- Section 40a:14-182 - Federal Firefighters, Certain; Appointment.
1. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-7, has established...
- Section 40a:14-183 - Short Title.
1.Sections 1 through 11 of this act shall be known and may be cited as the "Emergency Services Volunteer Length of Service Award Program...
- Section 40a:14-184 - Definitions Relative To Retirement Benefits For Certain Municipal Emergency Services Volunteers.
2.For the purposes of this act: "Active volunteer member" means a person who has been so designated by the governing board of a duly...
- Section 40a:14-185 - Establishment, Termination Of Length Of Service Award Program, Referendum.
3. a. A local government unit that is a county or municipality in which a fire district does not exist may by ordinance establish...
- Section 40a:14-186 - Length Of Service Award Programs, Defined Contribution Programs.
4.Length of service award programs shall be established as defined contribution programs and shall be subject to the provisions of this act. Length of...
- Section 40a:14-187 - Abolishment, Amendment Of Length Of Service Award Program, Special Vote.
5.A length of service award program established by a local government unit pursuant to section 3 of P.L.1997, c.388 (C.40A:14-185) may be abolished or...
- Section 40a:14-188 - Provision Of Length Of Service Award Program Not Required; Program Requirements
6.No emergency service organization shall be required to provide a length of service award for its active volunteer members pursuant to the provisions of...
- Section 40a:14-189 - Award Subject To Contribution Requirements.
7. a. Each active volunteer member's service award shall be subject to contribution requirements set forth in this section. In determining whether contribution requirements...
- Section 40a:14-190 - Maintenance Of Records.
8.Each participating emergency service organization shall maintain all required records on forms prescribed by the requirements of the service award program. L.1997,c.388,s.8.
- Section 40a:14-191 - Annual Certification List.
9.Each participating emergency service organization shall furnish to the sponsoring agency an annual certification list, certified under oath, of all volunteer members, which shall...
- Section 40a:14-192 - Review Of Annual Certification List.
10.The sponsoring agency shall review the annual certification list of each participating emergency service organization and approve the final annual certification. The approved list...
- Section 40a:14-193 - Existing Programs Deemed Valid; Conditions For Continuation.
11.Any length of service award program that involves any form of insurance or annuity program in existence prior to the effective date of this...
- Section 40a:14-194 - Regulations.
16.The Local Finance Board in the Division of Local Government Services in the Department of Community Affairs shall adopt regulations pursuant to the "Administrative...
- Section 40a:14-194.1 - Additional Penalties, Fines
2. a. In addition to any other penalties provided by law, any person who knowingly violates any provision of P.L.1997, c.388 (C.40A:14-183 et al.)...
- Section 40a:14-195 - County Law Enforcement Crisis Intervention Services Program.
1.The governing body of any county, by ordinance or resolution, as appropriate, may provide for the establishment of a law enforcement crisis intervention services...
- Section 40a:14-196 - Availability Of Program.
2. a. If a county establishes a crisis intervention services program pursuant to this act, the services shall be available to any law enforcement...
- Section 40a:14-197 - Provision Of Debriefing, Counseling Services.
3. a. The debriefing and counseling services available under a program established pursuant to P.L.1998, c.148 (C.40A:14-195 et seq.) shall be provided by appropriately...
- Section 40a:14-198 - County Crisis Intervention Services Advisory Council.
4.The governing body of a county which establishes a county crisis intervention services program pursuant to P.L.1998, c.148 (C.40A:14-195 et seq.) shall, by ordinance...
- Section 40a:14-199 - Immunities, Benefits Of Search, Rescue Teams.
1.Whenever a law enforcement officer, firefighter, emergency medical technician or paramedic employed by a municipality, county or fire district of this State or the...
- Section 40a:14-200 - Definitions Relative To Suspension, Termination Of Certain Law Enforcement Officers, Firefighters.
1.As used in this act: "Law enforcement agency" or "agency" means any public agency, other than the Department of Law and Public Safety, but...
- Section 40a:14-201 - Law Enforcement Officer, Firefighter, Suspension, Termination, Final Determination, Payment Status.
2. a. When a law enforcement officer employed by a law enforcement agency or a firefighter employed by a public fire department that is...
- Section 40a:14-202 - Hearing On Complaint, Charges, Final Disposition, Appeal.
3. a. An employing agency or department subject to the provisions of section 2 of P.L.2009, c.16 (C.40A:14-201) shall conduct a hearing on the...
- Section 40a:14-203 - Recommendation Of Administrative Law Judge, Payment Status.
4.If the administrative law judge recommends that: a.The officer's or firefighter's appeal be denied and that the officer's or firefighter's employment be terminated, the...
- Section 40a:14-204 - Submission Of Decision To Civil Service Commission.
5.The Office of Administrative Law immediately shall transmit an administrative law judge's recommended decision in each case subject to the provisions of P.L.2009, c.16...
- Section 40a:14-205 - Final Determination Of Appeal.
6. a. If the final determination of the commission affirms the officer's or firefighter's appeal, the officer or firefighter shall be reinstated immediately, be...
- Section 40a:14-206 - Payment Status During Appeal Of Termination.
7. a. An officer or firefighter appealing a final determination terminating his employment to the Appellate Division of the Superior Court, shall not be...
- Section 40a:14-207 - Establishment Of Law Enforcement And Firefighter Unit.
8.Within six months of the effective date of P.L.2009, c.16 (C.40A:14-200 et al.), the Director of the Office of Administrative Law shall establish a...
- Section 40a:14-208 - Rules, Regulations.
9. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Office of Administrative Law and the Civil Service...
- Section 40a:14-209 - Suspension, Termination Not Subject To Title 11a, Payment Status.
10. a. When a law enforcement officer or firefighter employed by a law enforcement agency or department that is not subject to the provisions...
- Section 40a:14-210 - Appeal To Arbitration, Final Determination, Payment Status.
11. a. In lieu of serving a written notice to the Superior Court under the provisions of N.J.S.40A:14-150 or N.J.S.40A:14-22, as appropriate, seeking review...
- Section 40a:14-211 - Rules, Regulations Promulgated By Public Employment Relations Commission.
12. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Public Employment Relations Commission shall promulgate temporary rules...
- Section 40a:14-212 - Reimbursement To Employing Agency.
13. a. If an officer or firefighter who is required to reimburse his employing agency for pay received during a period of appeal pursuant...
- Section 40a:14-213 - Short Title.
1.This act shall be known and may be cited as the "Emergency Responders Employment Protection Act." L.2009, c.202, s.1.
- Section 40a:14-214 - Employment Protection For Volunteer Emergency Responder.
2. a. As used in this act, "volunteer emergency responder" means an active member in good standing of a volunteer fire company, a volunteer...
- Section 40a:14-215 - Appointment Of Emts By Municipality.
1. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which employs emergency medical technicians may...
- Section 40a:14-216 - Reappointment Of Emts By Municipality.
2. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which employs emergency medical technicians may...
- Section 40a:16-1 - Short Title
This chapter shall be known and cited as the "Municipal Vacancy Law." L.1979, c. 83, s. 1, eff. April 26, 1979.
- Section 40a:16-2 - Definitions
As used in this chapter, unless the context clearly indicates to the contrary, the following words and terms shall have the following meanings: a....
- Section 40a:16-3 - When Office Deemed Vacant
The office of a mayor or a member of the governing body of a municipality shall be deemed vacant: a. Upon its being so...
- Section 40a:16-4 - Filling Vacancies In Municipalities Holding Regular Municipal Elections
Whenever a vacancy occurs as provided in N.J.S. 40A:16-3 in the office of mayor or in the membership of the governing body of a...
- Section 40a:16-5 - Filling Vacancies In Municipalities Holding General Elections
Whenever a vacancy occurs as provided in N.J.S. 40A:16-3 in the office of a mayor or in the membership of the governing body of...
- Section 40a:16-6 - Vote Required To Fill Vacancy In Office Of Mayor
An appointment to fill a vacancy in the office of mayor shall be by a majority vote of the entire membership of the governing...
- Section 40a:16-7 - Vote Required To Fill A Vacancy In The Membership Of A Governing Body
An appointment to fill a vacancy in the membership of a governing body shall be by a majority vote of the remaining members of...
- Section 40a:16-8 - Authority Of Mayor To Vote In Filling A Vacancy
In municipalities governed by the provisions of Article 3 or 16A of the "Optional Municipal Charter Law," P.L.1950, c. 210 (C. 40:69A-31 et seq....
- Section 40a:16-9 - Authority Of Governor To Fill Vacancies In Governing Bodies
Whenever the offices of all or a majority of the members of a governing body shall become vacant as provided in N.J.S. 40A:16-3, the...
- Section 40a:16-10 - Qualifications Of Appointee To Fill Vacancy
Every person appointed to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit the...
- Section 40a:16-11 - Appointment To Fill Vacancy Where Incumbent Was Nominee Of A Political Party; Time To Fill Vacancy
40A:16-11. Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy. If the incumbent whose office has become...
- Section 40a:16-12 - Appointment To Fill Vacancy Where Incumbent Was Not Nominee Of A Political Party; Time To Fill Vacancy
If the incumbent whose office has become vacant was not elected to office as the nominee of a political party, the governing body may,...
- Section 40a:16-13 - Failure Of Governing Body To Fill Vacancy In Membership Of Governing Body
40A:16-13. Failure of governing body to fill vacancy in membership of governing body. If a governing body shall fail or decline to fill a...
- Section 40a:16-14 - Special Election To Fill Vacancy In The Office Of Mayor; Limitation On Authority To Appoint
If a governing body shall fail to fill a vacancy in the office of mayor as provided in N.J.S. 40A:16-4a or 40A:16-5a within the...
- Section 40a:16-15 - Appointment Pending Election When Person Elected To Office Dies Before Commencement Of Term
40A:16-15. If at any time after an election for the office of mayor or for a member of the governing body and before the...
- Section 40a:16-16 - Special Election When Vacancy Occurs Pursuant To R. S. 19:3-25
Whenever the office of mayor or of member of the governing body shall be declared or deemed vacant pursuant to R.S. 19:3-25, the municipal...
- Section 40a:16-17 - Special Election When Person Elected To Office Becomes Disqualified Before Commencement Of Term
If at any time after an election for the office of mayor or for a member of the governing body and before the time...
- Section 40a:16-18 - Notice Of Holding Special Election; Contents
The municipal clerk upon the fixing of a date for the holding of a special election shall immediately cause to be published in a...
- Section 40a:16-19 - Nomination Of Successor To Be Elected At Special Election
The nomination of a successor to be elected at a special election as provided in N.J.S. 40A:16-14, 40A:16-15, 40A:16-16 and 40A:16-17 shall be made...
- Section 40a:16-20 - Nomination Of Successor To Be Elected At Regular Municipal Or General Election
The nomination of a successor to be elected at a regular municipal or general election shall be made in the manner provided in Title...
- Section 40a:16-21 - Time For Taking Office
All appointees to fill a vacancy, whether to fill the unexpired term or temporarily, shall take office immediately after appointment and qualification. All persons...
- Section 40a:16-22 - Provisions In Special Municipal Charters Superseded
The provisions of any special municipal charters which are inconsistent with the provisions of this chapter are hereby superseded. L.1979, c. 83, s. 1,...
- Section 40a:16-23 - Statutes Repealed
The following sections, acts and chapters, together with all amendments and supplements thereto are hereby repealed: Revised Statutes Sections: R.S. 40:72-15; R.S. 40:81-18; R.S....
- Section 40a:20-1 - Short Title
1. This act shall be known and may be cited as the "Long Term Tax Exemption Law." L.1991,c.431,s.1.
- Section 40a:20-2 - Findings, Declarations.
2.The Legislature finds that in the past a number of laws have been enacted to provide for the clearance, replanning, development, and redevelopment of...
- Section 40a:20-3 - Definitions.
3.As used in P.L.1991, c.431 (C.40A:20-1 et seq.): a."Gross revenue" means annual gross revenue or gross shelter rent or annual gross rents, as appropriate,...
- Section 40a:20-4 - Municipal Agreements For Projects Under A Redevelopment Plan
4. The governing body of a municipality which has adopted a redevelopment plan pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-11...
- Section 40a:20-5 - Urban Renewal Entities, Qualification; Provisions.
5.Any duly formed corporation, partnership, limited partnership, limited partnership association, or other unincorporated entity may qualify as an urban renewal entity under P.L.1991, c.431...
- Section 40a:20-5.1 - Urban Renewal Entity; Qualification
2. The provisions of section 5 of P.L.1991, c.431 (C.40A:20-5) to the contrary notwithstanding, a nonprofit corporation organized for the purpose of developing, constructing...
- Section 40a:20-6 - Necessary Powers Of Urban Renewal Entities
6. Each urban renewal entity qualifying under this act shall have and may exercise such of the powers conferred by law on the form...
- Section 40a:20-7 - Additional Powers Of Urban Renewal Entities
7. An urban renewal entity shall have the following powers, in addition to those conferred by the law under which the entity is formed:...
- Section 40a:20-8 - Application Required, Form, Contents
8. Every urban renewal entity qualifying under this act, before proceeding with any projects, shall make written application to the municipality for approval thereof....
- Section 40a:20-9 - Financial Agreement For Approved Projects, Form And Contents Of Contracts.
9.Every approved project shall be evidenced by a financial agreement between the municipality and the urban renewal entity. The agreement shall be prepared by...
- Section 40a:20-10 - Provisions For Transfer Or Sale.
10.The financial agreement may provide: a.That the municipality will consent to a sale of the project by the urban renewal entity to another urban...
- Section 40a:20-11 - Municipal Determinations As To Tax Exemptions And Service Charges
11. A financial agreement approved pursuant to this act shall include findings by the municipality, approved by the municipal governing body, setting forth appropriate...
- Section 40a:20-12 - Tax Exemption, Duration; Annual Service Charges.
12.The rehabilitation or improvements made in the development or redevelopment of a redevelopment area or area appurtenant thereto or for a redevelopment relocation housing...
- Section 40a:20-12.1 - Nonapplicability Of Certain Annual Service Charges
3. The provisions of section 12 of P.L.1991, c.431 (C.40A:20-12) requiring staged increases in annual service charges over the term of the financial agreement...
- Section 40a:20-13 - Termination Of Tax Exemption.
13.The tax exemption provided in this act shall apply only so long as the urban renewal entity and its project remain subject to the...
- Section 40a:20-13.1 - Tax Exemption
4. The provisions of sections 12 and 13 of P.L.1991, c.431 (C.40A:20-12 and C.40A:20-13) to the contrary notwithstanding, a qualified subsidized housing project may...
- Section 40a:20-14 - Conveyed Condominium Units, Tax Exemption, Conditions
14. If the financial agreement permits the conveyance of condominium units pursuant to subsection b. of section 10 of this act, the provisions of...
- Section 40a:20-15 - Excess Profits Of A Limited Dividend Entity.
15.An urban renewal entity which is a limited dividend entity under P.L.1991, c.431 (C.40A:20-1 et seq.) shall be subject, during the period of the...
- Section 40a:20-16 - Net Profits Of A Nonprofit Entity
16. An urban renewal entity which is a nonprofit entity under this act shall be subject, during the period of the financial agreement and...
- Section 40a:20-16.1 - Payment Of Net Profits To Municipality; Condition
5. The provisions of section 16 of P.L.1991, c.431 (C.40A:20-16) to the contrary notwithstanding, a nonprofit corporation that is the sponsor of a qualified...
- Section 40a:20-17 - Sale Of Land To An Urban Renewal Entity
17. The municipality or any redevelopment entity, authority or other instrumentality thereof, is authorized, by resolution, to make any land owned by it available...
- Section 40a:20-18 - Housing Project In Financial Difficulty, Financial Plan
18. a. If the Local Finance Board has reason to believe that an urban renewal entity which owns a housing project is faced with...
- Section 40a:20-19 - Construction Of Act In Place Of Repealed Statutory Entities
19. Whenever in any law, the term "urban renewal corporation," "urban renewal association," "nonprofit urban renewal corporation," "limited dividend housing corporation," "limited dividend housing...
- Section 40a:20-20 - Rules
21. The Commissioner of Community Affairs and the Local Finance Board shall have the authority to adopt such administrative rules as may be necessary...
- Section 40a:20-21 - Severability.
14.The provisions of P.L.2003, c.125 (C.40A:12A-4.1 et al.) shall be deemed to be severable, and if any phrase, clause, sentence, word or provision of...
- Section 40a:20-22 - Tax Exemptions Approved Pursuant To C.40a:20-1 et Seq. Ratified And Validated.
15.The terms and conditions of any tax exemption approved pursuant to P.L.1991, c.431 (C.40A:20-1 et seq.) or its predecessor statutes, as the case may...
- Section 40a:21-1 - Short Title
1. This act shall be known and may be cited as the "Five-Year Exemption and Abatement Law." L.1991,c.441,s.1.
- Section 40a:21-2 - Findings, Purpose
2. The Legislature finds that the various statutes authorized by Article VIII, Section I, paragraph 6 of the New Jersey Constitution permitting municipalities to...
- Section 40a:21-3 - Definitions.
3.As used in this act: a."Abatement" means that portion of the assessed value of a property as it existed prior to construction, improvement or...
- Section 40a:21-4 - Municipal Ordinance Granting Exemptions Or Abatements.
4.The governing body of a municipality may determine to utilize the authority granted under Article VIII, Section I, paragraph 6 of the New Jersey...
- Section 40a:21-5 - Limits On Exemptions On Abatements For Dwellings
5. a. If the ordinance adopted pursuant to this act shall provide for the exemption from taxation of improvements to dwellings, it shall require...
- Section 40a:21-6 - Limits On Exemptions Or Abatements For Multiple Dwellings
6. a. If the ordinance adopted pursuant to this act shall provide for the exemption from taxation of improvements to multiple dwellings, or of...
- Section 40a:21-6.1 - Adoption Of Ordinance Granting Abatement, Exemption From Taxation For Certain Improvements To Residential Properties.
2.A municipality may adopt an ordinance granting an abatement or exemption from taxation for improvements to a residential property resulting from a renovation housing...
- Section 40a:21-6.2 - Tax Exemption, Abatement For Certain Housing Improvements To Accommodate Certain Disabled Persons.
2.A municipality may adopt an ordinance granting an abatement or exemption from taxation for improvements to a residential property that is a single family...
- Section 40a:21-7 - Limits On Exemptions For Commercial, Industrial Structures
7. If the ordinance adopted pursuant to this act shall provide for the exemption from taxation of improvements to commercial or industrial structures, it...
- Section 40a:21-8 - Tax Agreements For Construction Of Commercial, Industrial Structures Or Multiple Dwellings
8. If the ordinance shall provide for tax agreements for the exemption and abatement from taxation for construction of commercial or industrial structures, or...
- Section 40a:21-9 - Applications For Tax Agreements, Requirements
9. Applicants for tax exemption and abatement for new construction of commercial or industrial structures or multiple dwellings shall provide the municipal governing body...
- Section 40a:21-10 - Formula For Payments Under Tax Agreements.
10.Upon adoption of an ordinance authorizing a tax agreement or agreements for a particular project or projects, the governing body may enter into written...
- Section 40a:21-11 - Tax Agreements, Duration, Other Law, Valuation Of Ratables, Copy To Dca.
11. a. All tax agreements entered into by municipalities pursuant to sections 9 through 12 of P.L.1991, c.441 shall be in effect for no...
- Section 40a:21-12 - Failure Of Conditions, Full Taxes Due, Termination
12. a. If during any tax year prior to the termination of the tax agreement, the property owner ceases to operate or disposes of...
- Section 40a:21-13 - Assessed Value Of Property Under Abatement Or Exemption.
13.The assessor shall determine, on October 1 of the year following the date of the completion of an improvement, conversion or construction, the true...
- Section 40a:21-14 - Subsequent Abatements Or Exemptions, Conditions
14. Any ordinance adopted pursuant to the provisions of this act may also provide that an additional improvement, conversion or construction, completed on a...
- Section 40a:21-15 - Ineligible Properties For Unpaid Or Delinquent Taxes
15. No exemption or abatement shall be granted, or tax agreement entered into, pursuant to this act with respect to any property for which...
- Section 40a:21-16 - Applications, Forms, Records.
16.No exemption or abatement shall be granted pursuant to this act except upon written application therefor filed with and approved by the assessor of...
- Section 40a:21-17 - Exemption, Abatement For Taxes For Named Purposes
17. The exemption and abatement of real property taxes provided by municipalities pursuant to this act shall apply to property taxes levied for municipal...
- Section 40a:21-18 - Act Not Available To Casinos
18. Notwithstanding any other provision of this act, no exemption or abatement or tax agreement shall be allowed with respect to any facility containing...
- Section 40a:21-19 - Rules, Regulations
19. The Commissioner of the Department of Community Affairs is authorized to determine standards and guidelines and to promulgate rules and regulations to effectuate...
- Section 40a:21-20 - Notice To Taxpayers
20. A municipality which has adopted an ordinance providing for exemptions, or exemptions and abatements, pursuant to this act shall include the appropriate notice...
- Section 40a:21-21 - Municipal Reports To Dca, Treasury
21. The governing body of a municipality adopting an ordinance pursuant to this act shall report, on or before October 1 of each year,...
- Section 40a:26a-1 - Short Title
This act shall be known and may be cited as the "Municipal and County Sewerage Act." L.1991,c.53,s.1.
- Section 40a:26a-2 - Legislative Purpose
The Legislature finds and declares it to be in the public interest and to be the policy of this State to foster and promote...
- Section 40a:26a-3 - Definitions
As used in this act: "Bonds" means bond anticipation notes or bonds issued in accordance with the "Local Bond Law," N.J.S.40A:2-1 et seq. "Cost"...
- Section 40a:26a-4 - Acquisition, Construction Or Operation Of Sewerage Facilities By One Or More Local Units
A local unit may, either separately or in combination with one or more other local units acquire, construct or operate a sewerage facility upon...
- Section 40a:26a-5 - Powers.
40A:26A-5. One or more local units adopting an ordinance or resolution in accordance with N.J.S.40A:26A-4 are authorized and empowered: a.To acquire, construct, improve, extend,...
- Section 40a:26a-6 - Surveys, Maps And Other Costs; Reimbursement From Bond Funds
a. Whenever a local unit pursuant to N.J.S.40A:26A-4 chooses to exercise powers granted hereunder, the local unit shall make or cause to be made...
- Section 40a:26a-7 - Property Damaged, Repair, Restoration Or Compensation
All public or private property damaged or destroyed in carrying out the powers granted by this act shall be restored or repaired and, as...
- Section 40a:26a-8 - Relocation Of Public Utility Property
Whenever the local unit or units determine that it is necessary that any public utility facilities such as tracks, pipes, mains, conduits, cables, wires,...
- Section 40a:26a-9 - Bonds And Security Therefor
A local unit having adopted an ordinance or resolution pursuant to N.J.S.40A:26A-4, may issue bonds pursuant to the provisions of the "Local Bond Law,"...
- Section 40a:26a-10 - Rates, Rentals, And Other Charges Of Sewerage Services
40A:26A-10. After the commencement of operation of sewerage facilities, the local unit or units may prescribe and, from time to time, alter rates or...
- Section 40a:26a-10.1 - Establishment Of Rates Or Schedules For Senior Citizens, Disabled
5. Any local unit operating a county or municipal sewerage facility may establish within its district rates or schedules which provide for a reduction...
- Section 40a:26a-11 - Connection Fees
In addition to rates and rentals, a separate charge in the nature of a connection fee or tapping fee for each connection of any...
- Section 40a:26a-12 - Rates, Rentals, Connection Fees, Or Other Charges As Lien On Real Property; Discontinuance Of Service
Rates, rentals, connection fees or other charges levied in accordance with N.J.S.40A:26A-10 and 40A:26A-11, shall be a first lien or charge against the property...
- Section 40a:26a-13 - Improvements Financed By Means Of Local Improvement Assessments
If the governing body of one or more local units determines that all or any part of the cost of construction of sewerage facilities...
- Section 40a:26a-14 - Local Improvement Assessments; Procedure For And Manner Of Assessment And Collection
Upon completion of the improvements made pursuant to N.J.S.40A:26A-13, the governing body or governing bodies shall assess the costs and expenses of the sewerage...
- Section 40a:26a-15 - Bonds Issued By One Or More Units; Debt Service Payments
A local unit, pursuant to an agreement with one or more other local units or the State, may bear the entire cost of the...
- Section 40a:26a-16 - Sewerage Facilities Deemed A Self-liquidating Purpose Under Certain Circumstances
a. Principal and interest payments on bonds issued in accordance with subsection c. of N.J.S.40A:26A-9 and operating and maintenance costs for sewerage facilities, shall...
- Section 40a:26a-17 - Payments By Local Unit To Another Local Unit
The chief fiscal officer of another government having entered into a contract pursuant to this act, shall cause to be paid to the local...
- Section 40a:26a-18 - Contracts Entered Into Prior To Appropriations Therefor
A local unit shall have the power to authorize, by resolution, officials to enter into and execute a contract pursuant to this act for...
- Section 40a:26a-19 - Right Of Entry Onto Private Property To Make Surveys And Investigations; Interference Therewith
A local unit or local units may authorize officials or other agents of the local unit or units to enter upon any land or...
- Section 40a:26a-20 - Bonds As Legal Investments
Notwithstanding any restrictions contained in any other law, the State and all public officers, local units, political subdivisions and public bodies, or agencies thereof,...
- Section 40a:26a-21 - Competitive Sewerage System; Consent Of Existing Authority
In the event a sewerage or municipal utilities authority has been established in a local unit pursuant to the provisions of the "sewerage authorities...
- Section 40a:26a-22 - Statutes Repealed
The following acts are repealed: P.L.1966, c.205 (C.40:23-19.1 through 40:23-19.14); R.S.40:63-1 through 40:63-39; and R.S.40:63-41 through 40:63-67. L.1991,c.53,s.1.
- Section 40a:27-1 - Short Title
This chapter shall be known and may be cited as the "Municipal and County Flood Control Financing Act." Source: C. 40:23-34 (P.L. 1977, c....
- Section 40a:27-2 - Purposes
The Legislature finds and declares that it is in the public interest for the State to foster and promote, by all reasonable means, the...
- Section 40a:27-3 - Definitions
As used in this act: "Contracting local unit" means a local unit which enters into a contract with another local unit for the construction,...
- Section 40a:27-4 - Finding Of Need For Acquisition, Construction, Financing, Improvement, Maintenance And Operation Of Flood Control Facility By Local Unit; Notice To Affected Parties And To State; Contents Of Notice, Etc.
The governing body of a local unit may acquire, construct, finance, improve, maintain and operate a flood control facility upon concluding, by duly adopted...
- Section 40a:27-5 - Adoption Of Resolution Or Ordinance
Upon the completion of this basinwide or subbasinwide analysis and after consideration of the responses of concerned parties, the governing body of a local...
- Section 40a:27-6 - Powers Of Local Unit
A local unit is authorized: a. To purchase, construct, improve, extend, enlarge or reconstruct flood control facilities within or adjacent to that local unit...
- Section 40a:27-7 - Surveys, Investigations, Studies, Plans, Etc.; Payment Of Costs
Whenever the governing body of a local unit by resolution or ordinance, as the case may be, exercises the powers granted by this chapter,...
- Section 40a:27-8 - Restoration Or Compensation To Owners Of Damaged Or Destroyed Property
All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed...
- Section 40a:27-9 - Authorization To Issue Bonds; Purpose
The governing body of a local unit exercising the powers granted by this chapter is authorized to provide by resolution or ordinance, as the...
- Section 40a:27-10 - Finding Of Need For Financing Cost Of Construction Of Flood Control Facilities By Local Improvement Assessments; Procedures; Notice Of Intention; Public Hearing
If the governing body of a local unit determines that public necessity and interest require the cost of construction of a flood control facility...
- Section 40a:27-11 - Adoption Of Resolution Or Ordinance
After the hearing, if the governing body of a local unit decides to carry out the local improvements, it shall pass a resolution or...
- Section 40a:27-12 - Assessments On Lands Specially Benefited; Procedures; Notice
Upon the completion of the local improvements, the governing body of a local unit shall assess the costs and expenses of the flood control...
- Section 40a:27-13 - Payment Of Assessment In Installments By Owner Of Assessed Real Estate
The governing body of a local unit may by resolution or ordinance, as the case may be, permit the owner of real estate upon...
- Section 40a:27-14 - Sale Of Property By Local Unit For Arrearages In Assessments, Interest Or Other Charges
When any unpaid assessment, interest thereon or other charges for collection thereof remains in arrears on July 1 of the calendar year following the...
- Section 40a:27-15 - Contracts With Other Local Units For Provision Of Flood Control Facilities, Etc.
A local unit may negotiate and enter into contracts with other local units for the provision of flood control facilities located within or without...
- Section 40a:27-16 - Issuance Of Bonds To Pay Costs Of Provision Of Flood Control Facilities; Payment Of Costs In Annual Installments, Etc.
If a contractor, pursuant to a contract with a contracting local unit, constructs, acquires or improves a flood control facility the contractor may either:...
- Section 40a:27-17 - Powers Of Local Unit Re Contract With Another Local Unit
A local unit with which another local unit is authorized to contract under the terms and provisions of this chapter shall have the power,...
- Section 40a:27-18 - Investments; Exemption From Taxation
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40a:27-19 - Payments By Contracting Local Unit; Default; Interest
The chief fiscal officer of each contracting local unit which enters into a contract pursuant to this chapter, shall cause to be paid to...
- Section 40a:27-20 - Construction Of Chapter
This chapter shall not be construed to relieve a local unit of any obligation to seek and obtain various permits and other approvals from...
- Section 40a:27-21 - Continuation Of County And Municipal Obligations
Any debt, liability or obligation incurred by any county or municipality pursuant to any section of law which is repealed pursuant to this act...
- Section 40a:27-22 - Statutes Repealed
R.S. 40:69-1 through 40:69-4, R.S. 40:30-18 through 40:30-21, P.L. 1944, c. 207 (C. 40:69-4.1 through 40:69-4.12). P.L. 1977, c. 333 (C. 40:23-34 through 40:23-46)...
- Section 40a:31-1 - Short Title
This act shall be known and may be cited as the "County and Municipal Water Supply Act." L.1989,c.109,s.1.
- Section 40a:31-2 - Legislative Purpose
The Legislature finds and declares it to be in the public interest and to be the policy of this State to foster and promote...
- Section 40a:31-3 - Definitions
As used in this act: a. "Bonds" means bond anticipation notes or bonds issued in accordance with the "Local Bond Law," N.J.S.40A:2-1 et seq....
- Section 40a:31-4 - Acquisition, Construction Or Operation Of Water Supply Facilities By One Or More Local Units
A local unit may, either separately or in combination with one or more other local units, a private water company subject to regulation by...
- Section 40a:31-5 - Powers.
40A:31-5. One or more local units adopting an ordinance or resolution in accordance with N.J.S.40A:31-4 are authorized and empowered: a.Alone or in combination with...
- Section 40a:31-6 - Surveys, Maps And Other Costs; Reimbursement From Bond Funds
a. Whenever a local unit pursuant to N.J.S.40A:31-4 chooses to exercise powers granted hereunder, the local unit shall make or cause to be made...
- Section 40a:31-7 - Property Damaged; Repair, Restoration Or Compensation
All public or private property damaged or destroyed in carrying out the powers granted by this act shall be restored or repaired and, as...
- Section 40a:31-8 - Relocation Of Public Utility Property
Whenever the local unit or units determine that it is necessary that any public utility facilities such as tracks, pipes, mains, conduits, cables, wires,...
- Section 40a:31-9 - Bonds And Security Therefor
A local unit having adopted an ordinance or resolution pursuant to N.J.S.40A:31-4 may issue bonds pursuant to the provisions of the "Local Bond Law,"...
- Section 40a:31-10 - Rates, Rentals, And Other Charges For Water Supply Services.
40A:31-10. a. After the commencement of operation of water supply facilities, the local unit or units may prescribe and, from time to time, alter...
- Section 40a:31-10.1 - Establishment Of Rates Or Schedules Of Water Supply Services For Senior Citizens, Disabled
7. Any local unit operating a county or municipal water supply facility may establish within its district rates or schedules which provide for a...
- Section 40a:31-11 - Connection Fees
In addition to rates and rentals, a separate charge in the nature of a connection fee or tapping fee for each connection of any...
- Section 40a:31-12 - Rates, Rentals, Connection Fees Or Other Charges As Lien On Real Property; Discontinuance Of Service
Rates, rentals, connection fees or other charges levied in accordance with N.J.S.40A:31-10 and 40A:31-11, shall be a first lien or charge against the property...
- Section 40a:31-13 - Improvements Financed By Means Of Local Improvement Assessments
If the governing body of one or more local units determines that all or any part of the cost of construction of water supply...
- Section 40a:31-14 - Local Improvement Assessments; Procedures For And Manner Of Assessment And Collection
Upon completion of the improvements made pursuant to N.J.S.40A:31-13, the governing body or governing bodies shall assess the costs and expenses of the water...
- Section 40a:31-15 - Bonds Issued By One Or More Units; Debt Service Payments
A local unit, pursuant to an agreement with one or more other local units or the State, may bear the entire cost of the...
- Section 40a:31-16 - Water Facilities Deemed A Self-liquidating Purpose Under Certain Circumstances
a. Principal and interest payments on bonds issued in accordance with subsection c. of N.J.S.40A:31-9 and operating and maintenance costs for the water supply...
- Section 40a:31-17 - Payments By Local Unit To Another Local Unit
The chief fiscal officer of another government having entered into a contract pursuant to this act, shall cause to be paid to the local...
- Section 40a:31-18 - Contracts Entered Into Prior To Appropriations Therefor
A local unit shall have the power to authorize, by resolution, officials to enter into and execute a contract pursuant to this act for...
- Section 40a:31-19 - Right Of Entry Onto Private Property To Make Surveys And Investigations; Interference Therewith
A local unit or local units may authorize officials or other agents of the local unit or units to enter upon any land or...
- Section 40a:31-20 - Payments Owing By Private Water Companies
A private water company or industry which shall have entered into a contract with a local unit or local units pursuant to this act,...
- Section 40a:31-21 - Municipal Extension To Water Supply Facilities Of A Public Utility; Financing Of The Extension; And Its Sale Or Lease
A municipality in which water supply facilities are furnished by a private water company may, in accordance with the provisions of this act, provide...
- Section 40a:31-22 - Bonds As Legal Investments
Notwithstanding any restrictions contained in any other law, the State and all public officers, local units, political subdivisions and public bodies, or agencies thereof,...
- Section 40a:31-23 - Nonimpairment Of Obligations For Provision Of Water Supply Services, Facilities; Bpu Jurisdiction.
40A:31-23. a. Nothing contained in this act shall in any way impair the obligations previously assumed by any other public or private agency for...
- Section 40a:31-24 - Statutes Repealed
The following acts are repealed: P.L.1979, c.451 (C.40:14C-1 through 40:14C-15); R.S.40:62-47 through 40:62-59; R.S.40:62-62 through 40:62-95; and P.L.1981, c.497, s. 1-4 (C.40:62-61.2 through 40:62-61.5);...
- Section 40a:60-1 - Incorporation; Corporate Seal; Change Of Name
a. The inhabitants of each of the several boroughs are hereby continued as a body politic and corporate in law as heretofore constituted and...
- Section 40a:60-2 - Elected Officers
a. The mayor shall be elected by the voters of the municipality at large and serve for a term of four years and until...
- Section 40a:60-3 - Organization, Officers; Meetings
a. The mayor and council shall hold an annual meeting on the first day of January at 12 o'clock noon, or during the first...
- Section 40a:60-4 - General Powers
Every borough governed by the borough form of government pursuant to this act shall, subject to the provisions of this act or other general...
- Section 40a:60-5 - Powers Of The Mayor
a. The mayor shall be the head of the municipal government. b. The mayor shall have all those powers designated by general law. c....
- Section 40a:60-6 - Powers Of The Council
Powers of the Council. a. The council shall be the legislative body of the municipality. b. The council may, subject to general law and...
- Section 40a:60-7 - Miscellaneous
a. The borough council may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall...
- Section 40a:60-8 - Statutes Repealed
The following acts are hereby repealed: R.S. 40:86-1 to R.S. 40:86-5 R.S. 40:87-1 to R.S. 40:87-9 R.S. 40:87-14 to R.S. 40:87-16 R.S. 40:87-29 to...
- Section 40a:60-8.1 - Continuation Of Certain Borough Boards
1. Any board of public works which was in existence at the time P.L.1987, c.379 was enacted in a municipality with a population greater...
- Section 40a:61-1 - Incorporation; Corporate Seal; Change Of Name
a. The inhabitants of each of the several cities are hereby continued as a body politic and corporate in law as heretofore constituted and...
- Section 40a:61-2 - Elected Officers
a. (1) The mayor shall be elected by the voters of the city at large and serve for a term of four years and...
- Section 40a:61-3 - General Powers
Every city, governed by the city form of government, shall, subject to the provisions of this act or other general law, have full power...
- Section 40a:61-4 - Powers Of The Mayor
a. The mayor shall be the chief executive officer of the city. b. The mayor shall have all those powers designated by general law....
- Section 40a:61-5 - Powers Of The Council
a. The council shall be the legislative body of the municipality. b. The council may, subject to general law and the provisions of this...
- Section 40a:61-6 - Organization Of Council
a. The city council shall hold an annual meeting on the first day of January at twelve o'clock noon, or during the first seven...
- Section 40a:61-7 - Miscellaneous
a. The municipality may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be...
- Section 40a:61-8 - Statutes Repealed.
The following acts are hereby repealed: P.L.1897, c. 30, s. 1 to 3 (R.S. 40:108-1(1) to R.S. 40:108-1(3)) P.L.1955, c. 176, s. 1 (C....
- Section 40a:62-1 - Incorporation; Corporate Seal
a. The inhabitants of each of the several towns are hereby continued as a body politic and corporate in law as heretofore constituted and...
- Section 40a:62-2 - Elected Officers, Terms.
1. a. The mayor shall be elected by the voters of the municipality at large and shall be known as the councilman-at-large. The mayor...
- Section 40a:62-2.1 - Voters May Increase Terms Of Certain Mayors, Council Members.
1. a. The legal voters of any town in which the mayor and council members are elected for two-year terms of office, may by...
- Section 40a:62-2.2 - Phasing-in, Staggering, Of Four-year Terms
2. Notwithstanding any other provisions of law to the contrary, upon approval by the legal voters of the town of the proposition to increase...
- Section 40a:62-3 - Organization; Officers
a. The mayor and council members of every town shall constitute the council thereof. They shall hold an annual meeting on the first day...
- Section 40a:62-4 - General Powers.
Every town, governed by the town form of government pursuant to this act, shall, subject to the provisions of this act or other general...
- Section 40a:62-5 - Powers Of The Mayor
40A:62-5. a. The councilman-at-large shall be officially known and designated as the mayor of . . . . . . . . . ....
- Section 40a:62-6 - Powers Of The Council.
a. The council shall be the legislative body of the municipality. b. The council may subject to general law and the provisions of this...
- Section 40a:62-7 - Miscellaneous
a. The town council may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall...
- Section 40a:62-8 - Statutes Repealed.
The following acts are hereby repealed: P. L. 1981, c. 427, s. 8 (C. 40:123-6.1) R. S. 40:123-9 R. S. 40:124-1 to R. S....
- Section 40a:63-1 - Incorporation
a. The inhabitants of each of the several townships are hereby continued as a body politic and corporate in law as heretofore constituted and...
- Section 40a:63-2 - Elected Officers
a. (1) The elected officers of every township shall be the members of the township committee, as hereinafter prescribed; (2) All elected officers shall...
- Section 40a:63-3 - Organization Of The Township Committee
a. The township committee shall consist of three or five members who shall hold office for a term of three years. b. Notwithstanding the...
- Section 40a:63-4 - General Powers
Every township, governed by the township form of government pursuant to this act, shall, subject to the provisions of this act or other general...
- Section 40a:63-5 - Powers Of The Mayor
a. The mayor shall be the chairman of the township committee and head of the municipal government. In those townships divided into wards the...
- Section 40a:63-6 - Powers Of The Committee
a. The committee shall be the legislative body of the municipality. b. The committee may subject to general law and the provisions of this...
- Section 40a:63-7 - Miscellaneous
a. The township committee may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall...
- Section 40a:63-7.1 - Assistant Municipal Administrator, Office Created By Township
1. a. The governing body of any township, by ordinance, may create the office of assistant municipal administrator. The primary function of the assistant...
- Section 40a:63-8 - Villages
a. Any village heretofore incorporated under, or which shall have heretofore adopted the provisions of the act entitled "An act for the formation and...
- Section 40a:63-8.1 - Assistant Municipal Administrator, Office Created By Village
2. a. The governing body of any village, by ordinance, may create the office of assistant municipal administrator. The primary function of the assistant...
- Section 40a:63-9 - Statutes Repealed
The following acts are hereby repealed: R.S.40:95-1 to R.S.40:95-6 R.S.40:96-1 to R.S.40:96-10 R.S.40:97-1 to R.S.40:97-8 P.L.1939, c.182, s. 1 (C.40:97-9) R.S.40:98-1 to R.S.40:98-3 R.S.40:99-1...
- Section 40a:64-1 - Certain Sunday Sales Prohibited
14. a. On Sunday, it shall be unlawful for any person whether it be at retail, wholesale or by auction, to sell, attempt to...
- Section 40a:64-2 - Referendum Prohibiting Sunday Sales In County
15. a. Section 14 of P.L.1999, c.90 (C.40A:64-1) prohibiting Sunday sales shall not become operative in any county unless the voters of the county...
- Section 40a:64-3 - Referendum Prohibiting Sunday Sales In City
16. a. If in any city of the first class located within any county in which, by referendum of the voters Sunday sales are...
- Section 40a:64-4 - Municipality May Prohibit Sunday Sales By Referendum
17. In a county that has approved Sunday sales by referendum, any municipality in that county which voted to prohibit Sunday sales at that...
- Section 40a:64-5 - Definitions Relative To Sunday Sales
18. a. As used in this section: (1) "Fundraising event" means a planned, scheduled activity which has as its main purpose the generating of...
- Section 40a:65-1 - Short Title.
1.Sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) shall be known and may be referred to as the "Uniform Shared Services and...
- Section 40a:65-2 - Findings, Declarations Relative To Shared Services And Consolidation.
2.The Legislature finds and declares: a.Historically, many specialized statutes have been enacted to permit shared services between local units for particular purposes. b.Other laws,...
- Section 40a:65-3 - Definitions Relative To Shared Services And Consolidation.
3.As used in sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35): "Board" means the Local Finance Board in the Division of Local...
- Section 40a:65-4 - Agreements For Shared Services.
4. a. (1) Any local unit may enter into an agreement with any other local unit or units to provide or receive any service...
- Section 40a:65-4.1 - Short Title.
1.This act shall be known and may be cited as the "Common Sense Shared Services Pilot Program Act." L.2013, c.166, s.1.
- Section 40a:65-4.2 - Definitions Relative To Shared Services Agreements; Pilot Program Established.
3. a. As used in this section: "Local employee" means a tenured municipal clerk, assessor, collector, chief financial officer, municipal treasurer, or principal public...
- Section 40a:65-5 - Adoption Of Resolution To Enter Into Agreement.
5. a. A local unit authorized to enter into an agreement under section 4 of P.L.2007, c.63 (C.40A:65-4) may do so by the adoption...
- Section 40a:65-6 - Local Units Sharing Services, Designation Of Primary Employer; Rules, Regulations.
6. a. In the case of an agreement for the provision of services by an officer or employee of a local unit who is...
- Section 40a:65-7 - Specific Services Delineated In Agreement; Conditions.
7. a. An agreement made pursuant to section 4 of P.L.2007, c.63 (C.40A:65-4) shall specify: (1)the specific services to be performed by one or...
- Section 40a:65-8 - Preservation Of Seniority, Tenure, Pension Rights For Law Enforcement Officers.
8. a. Whenever two or more local units enter into an agreement, pursuant to section 4 of P.L.2007, c.63 (C.40A:65-4), for the shared provision...
- Section 40a:65-9 - Awarding Of Public Contracts.
9.If any local unit performs a service on behalf of one or more other local units that are parties to an agreement that utilizes...
- Section 40a:65-10 - Approval Of Award Of Contract.
10.In the event that any authority, board, commission, district, joint meeting, or other body created by one or more local units proposes to enter...
- Section 40a:65-11 - Employment Reconciliation Plan Included In Agreement; Conditions.
11. a. When a local unit contracts, through a shared service or joint meeting, to have another local unit or a joint meeting provide...
- Section 40a:65-12 - Provision Of Technical Advice By Public Employment Relations Commission.
12.The Public Employment Relations Commission is specifically authorized to provide technical advice, pursuant to section 12 of P.L.1968, c.303 (C.34:13A-8.3), and mediation services to...
- Section 40a:65-13 - Construction Of Power To Share Services.
13.It is the intent of the Legislature to facilitate and promote shared service agreements, and therefore the grant of power under sections 1 through...
- Section 40a:65-14 - Joint Contract For Joint Meeting For Public Services.
14. a. The governing bodies of any two or more local units may enter into a joint contract, for a period not to exceed...
- Section 40a:65-15 - Joint Meeting Deemed Public Body Corporate And Politic; Powers.
15. a. A joint meeting is a public body corporate and politic constituting a political subdivision of the State for the exercise of public...
- Section 40a:65-16 - Provisions Of Joint Contract.
16. a. The joint contract shall provide for the operation of the public services, public improvements, works, facilities, or undertakings of the joint meeting,...
- Section 40a:65-17 - Preservation Of Seniority, Tenure, Pension Rights Of Law Enforcement Officers.
17. a. Whenever the governing bodies of two or more local units enter into a joint contract for the joint operation of law enforcement...
- Section 40a:65-18 - Applicability Of Terms Of Existing Labor Contracts.
18. a. When a joint meeting merges bargaining units that have current contracts negotiated in accordance with the provisions of the "New Jersey Employer-Employee...
- Section 40a:65-19 - Employment Reconciliation Plan; Provisions.
19. a. When a local unit agrees to participate in a joint meeting that will provide a service that the local unit is currently...
- Section 40a:65-20 - Constitution, Appointment Of Management Committee.
20. a. The joint contract shall provide for the constitution and appointment of a management committee to consist of at least three members, of...
- Section 40a:65-21 - Apportionment Of Operating Costs By Management Committee.
21.The cost of acquiring, constructing, and operating any public improvements, works, facilities, services, or undertakings, or any part thereof, as determined by the management...
- Section 40a:65-22 - Certification Of Costs And Expenses By Management Committee.
22.The management committee, not later than November 1 of each year, shall certify to the participating local units the total costs and expenses of...
- Section 40a:65-23 - Termination Of Joint Contract.
23.The joint contract shall be terminated upon the adoption of a resolution to that effect by the governing bodies of two-thirds of the local...
- Section 40a:65-24 - Existing Joint Meeting, Public School Jointure Unaffected.
24.Any joint meeting or public school jointure formed under a previous law is continued and shall be governed under the provisions of sections 1...
- Section 40a:65-25 - Findings, Declarations Relative To Municipal Consolidation.
25. a. The Legislature finds and declares that in order to encourage municipalities to increase efficiency through municipal consolidation for the purpose of reducing...
- Section 40a:65-26 - Required Information Included In Municipal Consolidation Study Commission Reports.
26. a. A consolidation plan or report of a Municipal Consolidation Study Commission shall include the provisions of sections 16 and 24 of P.L.1977,...
- Section 40a:65-27 - Creation Of Task Force To Facilitate Consolidation.
27. a. Once a consolidation has been approved by the affected municipal governing bodies or voters, the division shall create a task force of...
- Section 40a:65-28 - Equalization Of Property Assessments For Apportionment Of Taxes.
28. a. If a revaluation of property for the consolidated municipality is not implemented for the first local budget year of the consolidated municipality,...
- Section 40a:65-29 - Construction Of Law On Consolidation Appeals.
29.The provisions of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.) shall be liberally construed to effectuate the intention of sections 25...
- Section 40a:65-30 - "Sharing Available Resources Efficiently" (Share) Program Established.
30. a. A local unit that plans to study the feasibility of a shared service agreement, joint meeting contract, or municipal consolidation may apply...
- Section 40a:65-31 - "Sharing Available Resources Efficiently" Account.
31.There is created a "Sharing Available Resources Efficiently" account within the Property Tax Relief Fund as a non-lapsing revolving account which shall receive moneys...
- Section 40a:65-32 - Adoption Of Resolution Authorizing Certain Referenda For Citizen's Commission.
32.The governing body of a municipality may adopt, at any regular meeting, a resolution requesting the clerk of the county to print upon the...
- Section 40a:65-33 - Existing Agreements, Contracts Continued.
33.Any shared service agreement, joint contract for a joint meeting, or agreement to regionalize or consolidate services in existence at the time of enactment...
- Section 40a:65-34 - Perc Rules, Regulations, Fee Schedule, Grievances, Appeals.
34. a. Any shared service or joint meeting agreement or municipal consolidation shall be deemed in furtherance of the public good and presumed valid,...
- Section 40a:65-35 - Repealer.
35.The following sections of law are repealed: N.J.S.11A:9-8; N.J.S.18A:46-25 through 18A:46-28; R.S.27:14-33 through 27:14-34; Section 12 of P.L.1947, c.62 (C.27:15-1.11); R.S.27:16-22; R.S.27:16-24; R.S.27:16-40; R.S.27:16-69...
- Section 40a:66-1 - Short Title.
1.This act shall be known and may be cited as the "Municipal Shared Services Energy Authority Act." L.2015, c.129, s.1.
- Section 40a:66-2 - Findings, Declarations Relative To Municipal Shared Services Energy Authority.
2.The Legislature finds and declares that for many years, municipalities in the State have had the power to construct and maintain facilities for the...
- Section 40a:66-3 - Definitions Relative To Municipal Shared Services Energy Authority.
3.As used in P.L.2015, c.129 (C.40A:66-1 et al.): "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations issued by the municipal shared...
- Section 40a:66-4 - "Municipal Shared Services Energy Authority."
4. a. Any combination of three or more municipalities that, on the effective date of P.L.2015, c.129 (C.40A:66-1 et al.), operate retail electric distribution...
- Section 40a:66-5 - Provision Of Inter-municipal Agreement.
5.The inter-municipal agreement establishing the municipal shared services energy authority pursuant to P.L.2015, c.129 (C.40A:66-1 et al.) shall provide: a.The name and purpose of...
- Section 40a:66-6 - Construction Of Act.
6.Nothing in P.L.2015, c.129 (C.40A:66-1 et al.) shall be construed to restrict the right of a person to form a rural electric cooperative or...
- Section 40a:66-7 - Certain Interest In Contracts Prohibited.
7.A commissioner, officer, or employee of the municipal shared services energy authority shall not have or acquire any interest, direct or indirect, in any...
- Section 40a:66-8 - Municipal Shared Services Energy Authority To Be Public Body Politic And Corporate; Powers.
8.The municipal shared services energy authority shall be a public body politic and corporate, established as an instrumentality exercising public and essential governmental functions...
- Section 40a:66-9 - Issuance Of Bonds.
9. a. In order to meet the electric power needs of its members, the municipal shared services energy authority shall have the power to...
- Section 40a:66-10 - Powers Upon Adoption Of Bond Resolution.
10.Upon adoption of a bond resolution, the municipal shared services energy authority shall have power to incur indebtedness, borrow money, and issue its bonds...
- Section 40a:66-11 - Sale Of Bonds.
11.Bonds of the municipal shared services energy authority may be sold by the municipal shared services energy authority at public or private sale, and...
- Section 40a:66-12 - Filing Of Copy Of Bond Resolution For Public Inspection, Publication.
12.The municipal shared services energy authority may cause a copy of any bond resolution adopted by it to be filed for public inspection in...
- Section 40a:66-13 - Bond, Obligation, Coupon Fully Negotiable.
13.The provisions of any law, rule, or regulation to the contrary notwithstanding, any bond or other obligation issued pursuant to P.L.2015, c.129 (C.40A:66-1 et...
- Section 40a:66-14 - No Liability For Bonds, Obligations, Certain.
14.Neither the members of the municipal shared services energy authority nor any person executing bonds issued pursuant to P.L.2015, c.129 (C.40A:66-1 et al.) shall...
- Section 40:66-15 - Provisions, Covenants With Bond Holders.
15.Any bond resolution of the municipal shared services energy authority providing for or authorizing the issuance of any bonds may contain provisions, and the...
- Section 40a:66-16 - Trustee To Represent Bond Holders; Powers.
16. a. If the bond resolution of the municipal shared services energy authority authorizing or providing for the issuance of a series of its...
- Section 40a:66-17 - Appointment Of Receiver.
17.If the bond resolution of the municipal shared services energy authority authorizing or providing for the issuance of a series of its bonds shall...
- Section 40a:66-18 - Guaranty Of Bonds.
18.For the purpose of aiding the municipal shared services energy authority in the planning, undertaking, acquisition, construction, financing, or operation of any electric supply...
- Section 40a:66-19 - Wholesale Power Supply Contract.
19. a. The municipal shared services energy authority may enter into a wholesale power supply contract with any person to meet the electric power...
- Section 40a:66-20 - Compliance.
20.The authority formed pursuant to P.L.2015, c.129 (C.40A:66-1 et al.) shall comply with the provisions of P.L.2015, c.129 (C.40A:66-1 et al.) and all applicable...
- Section 40a:66-21 - Exemption From Levy, Sale.
21.All property of the authority within the corporate limits and franchise areas of the members shall be exempt from levy and sale by virtue...
- Section 40a:66-22 - Investment Of Funds.
22.Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions of public bodies, and agencies thereof,...
- Section 40a:66-23 - Public Property; Tax Exemption.
23.Every electric supply project or facility within the corporate limits and franchise areas of the members that is owned by the authority, including any...
- Section 40a:66-24 - Pledge, Covenant With Bond Holders.
24.The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond...
- Section 40a:66-25 - Payment Of Funds To Authority.
25.All banks, bankers, trust companies, savings banks, investment companies, and other persons carrying on a banking business are hereby authorized to give to the...
- Section 40a:66-26 - Annual Audit.
26.The municipal shared services energy authority shall cause an annual audit of its accounts to be made, and for this purpose shall employ a...
- Section 40a:66-27 - Filing Of Copy Of Bond Resolution.
27.The municipal shared services energy authority shall file a copy of each bond resolution adopted by it with the Director of the Division of...
- Section 40a:66-28 - Certain Municipal Powers Unaffected.
30.The powers granted under P.L.2015, c.129 (C.40A:66-1 et al.) shall not limit the powers of a municipality to enter into a shared service agreement...
Last modified: October 11, 2016