reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-2 - Appointment, qualifications, term and compensation of State Auditor

52:24-2. Appointment, qualifications, term and compensation of State Auditor
The State Auditor shall be appointed by the Senate and General Assembly in joint meetings for a term of 5 years and until his successor shall be appointed and qualify. Any person nominated for appointment to the Office of State Auditor shall be qualified by training and substantial experience in the field of corporate or public fiscal and management operations and affairs. The name and credentials of each applicant or prospective nominee shall be submitted to the Chairman of the Legislative Service Commission who shall cause the same to be received, considered and reviewed by the members of the commission in accordance with procedures established by it. The names of applicants and prospective nominees found to be qualified shall be reported to the President of the Senate and the Speaker of the General Assembly for appropriate communication to the members of the Senate and General Assembly at or before the convening of a joint meeting for the appointment of a State Auditor.
The State Auditor shall devote his entire time to the duties of his office and shall receive annual compensation as shall, from time to time, be fixed by law, which shall be paid out of the State Treasury as other officers are paid.
Amended by L.1948, c. 29, p. 90, s. 1; L.1979, c. 8, s. 27.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-3 - Personnel

52:24-3. Personnel
The State Auditor shall be in the Office of Legislative Services, and subject to the approval or as authorized by the Legislative Services Commission and with the approval of the Executive Director of the Office of Legislative Services as to the existence of the positions and availability of funds therefor, shall appoint such necessary professional and other employees as shall be required to administer and perform the constitutional and statutory duties of his office.
Amended by L. 1971, c. 211, s. 13; L. 1979, c. 8, s. 28; L. 1985, c. 162, s. 13, eff. May 2, 1985.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24.4.1 - Annual audit of "Hazardous Discharge Fund," "Hazardous Discharge Site Cleanup Fund."

52:24.4.1 Annual audit of "Hazardous Discharge Fund," "Hazardous Discharge Site Cleanup Fund."
1. The State Auditor shall conduct an annual financial and operational audit of the "Hazardous Discharge Fund" created pursuant to the "Hazardous Discharge Bond Act," P.L.1981, c.275 and the "Hazardous Discharge Site Cleanup Fund" established pursuant to section 1 of P.L.1985, c.247 (C.58:10-23.34). This audit, together with any recommendations on practices or procedures to promote or guarantee the fiscal integrity of the "Hazardous Discharge Fund" and the "Hazardous Discharge Site Cleanup Fund" and to improve the effectiveness of fund operations, shall be submitted to the Governor and the Legislature, the Assembly Environmental Quality Committee and the Senate Energy and Environment Committee, or their designated successors. The audit shall be due on or before December 31 of each year.
L.1982, c.30, s.1; amended 1989, c.243, s.6; 2007, c.39, s.13.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-4.2 - Annual audit of funds.

52:24-4.2 Annual audit of funds.
1. The State Auditor shall conduct an annual audit of the funds pursuant to the provisions of chapter 24 of Title 52 of the Revised Statutes. This audit, together with any recommendations on practices or procedures to promote or guarantee the fiscal integrity and improve the operations of the funds, shall be submitted to the Governor and the Legislature, the General Assembly Environmental Quality Committee and the Senate Energy and Environment Committee, or their designated successors. The audit for fiscal year 1981 shall be due within 60 days of the effective date of this act, and each successive annual audit shall be due on or before December 31.
L.1982, c.32, s.1; amended 1989, c.243, s.7; 2007, c.39, s.14.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-4.3 - Annual audit and report on DEP fees, requirements

52:24-4.3. Annual audit and report on DEP fees, requirements
4. The State Auditor shall, as part of his responsibility under R.S.52:24-4, conduct a post-audit of each account in the Department of Environmental Protection for which fees accrue, and shall issue a special report each year on such fees and fee accounts to the Governor and the Legislature. In conducting the post-audit, the State Auditor shall use the report required to be prepared by the department pursuant to section 2 of this act, and may require the department to supply such additional documents as are necessary and pertinent to the post-audit. Notwithstanding the provisions of any law, rule or regulation to the contrary, the reports shall be due on or before March 1 of 1992 and March 1 of each succeeding year. Each annual report shall include, but not be limited to, the following information and analysis on fees or fee subaccounts, as appropriate, for the previous fiscal year:
a. The extent to which the calculation of each fee conforms to the requirements, if any, of the statute or rule or regulation authorizing or imposing the fee;
b. The extent to which the method of calculating each fee reflects the cost of the regulation, service or other activity for which it is imposed;
c. The extent to which revenues accruing to the department from each fee are expended for the regulation, service or other activity for which it is imposed;
d. Surpluses in each fee account or subaccount, as the case may be, of revenue from fees, expressed both as a dollar amount and as a percentage of the amount imposed and collected during the appropriate fiscal year; and
e. Transfers of funds involving fee revenues during the appropriate fiscal year.
L.1991,c.427,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-4.4 - Compliance of State entity with recommendation of State Auditor.

52:24-4.4 Compliance of State entity with recommendation of State Auditor.
5. Prior to approving any request of a principal department or accounting agency in the Executive Branch of the State government, the Joint Budget Oversight Committee, or its successor, may require the department or agency to comply with any recommendation of the State Auditor made as the result of any audit or investigation or performance review audit of that department or agency.
L.2006, c.82, s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-5 - Audit of moneys collected for state by county and other officials

52:24-5. Audit of moneys collected for state by county and other officials
The examination required by section 52:24-4 of this title shall extend, also, to a complete audit and verification of all moneys handled for the account of the state government by all county and other officials who are now or hereafter may be charged with the duty of collecting fees or other moneys for or on behalf of the state. For this purpose the books, papers and documents of all such officials shall be laid open and exposed on demand, to the examination of the state auditor or any of his duly authorized assistants.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-6 - Reports to Legislature and Governor.

52:24-6 Reports to Legislature and Governor.
52:24-6. The State Auditor shall report in writing to the Legislature or to any committee thereof, when so required, and to the Governor the findings of any special condition disclosed by his audit of the accounts of the State and of each accounting agency.
The State Auditor shall submit a written report that describes the findings of any performance review audit conducted by the State Auditor to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
Such report shall be made by him to the Legislature and the Governor as promptly as possible after the conclusion of every audit and investigation made or caused to be made by him or upon the completion of any performance review audit conducted by the State Auditor.
Amended 1948, c.29, s.3; 2006, c.82, s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-6.1 - Report by State Auditor on unspent account balances.

52:24-6.1 Report by State Auditor on unspent account balances.
1. No later than the 30th day after the transmittal to the Legislature of the Annual Financial Report of the State of New Jersey for a fiscal year , the State Auditor shall report, in writing, to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the ending fund balances of all State agency accounts for that prior fiscal year. The report shall contain full and substantive analysis, in addition to statistical information, and shall:
(1) identify the amount of unspent funds present in each State agency account;
(2) contain a summary of the total amounts of unspent funds by each State agency, and those amounts unspent by fund type;
(3) contain information and recommendations for addressing the accumulation of those funds in each State agency to avoid waste, mismanagement, inefficiency, or fraud; and
(4) include such other information as the State Auditor may deem advisable.
L.2017, c.218, s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-7 - Report malfeasance, etc., to Governor; Legislature, suspension of offender; hearing; removal.

52:24-7 Report malfeasance, etc., to Governor; Legislature, suspension of offender; hearing; removal.
52:24-7. The State Auditor shall report, forthwith, to the Governor and the presiding officer of each house of the Legislature any and all instances of malfeasance, misfeasance or nonfeasance which may be disclosed by any audit or investigation of said accounts or by any performance review audit.
Any State officer or employee charged with the custody of State funds whose accounts are found by the State Auditor to be inaccurate shall be automatically suspended from having any further connection with such funds until the audit is completed and the findings reported to the Governor and the presiding officer of each house of the Legislature.
Immediately upon receipt of such report from the State Auditor, the Governor shall fix a time and place for hearing such charges as the State Auditor may bring by giving not less than five days' notice thereof in writing to such officer or head of a department so charged and to the State Auditor.
After due hearing, he shall take such action as may be necessary, in his judgment, including the removal of any officer or head of a department found guilty of such charges or any of them, but if the right of removal in any case is vested exclusively in the Legislature, the Governor may suspend from further duty any such officer or head of a department so charged and shall transmit to the Legislature at the earliest possible date a written report of his findings with his recommendations thereon for consideration and action by the legislature.
Amended 2006, c.82, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-8 - Failure or refusal of officer, department head to keep accounts, etc.; procedure.

52:24-8 Failure or refusal of officer, department head to keep accounts, etc.; procedure.
52:24-8. If the State Auditor shall find that any officer or head of a department of the State government willfully or negligently fails or refuses to keep or have kept such accounts, render such reports or perform such other duties as may be prescribed or directed by the State Comptroller, or fails or refuses to comply with the provisions of this article, he shall notify such officer or head of a department in writing of such failure and the particulars thereof, and the officer or head of a department shall promptly respond in writing to each specific failure. If such failure should not be explained to the satisfaction of the State Auditor, he shall notify the State Comptroller and the presiding officer of each house of the Legislature of such failure and the State Comptroller shall take such action against such officer or head of a department as he may be authorized to do under any law or laws of this State.
Amended 2006, c.82, s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-9 - Exclusive use of state auditor's department required; exceptions

52:24-9. Exclusive use of state auditor's department required; exceptions
No state department, board, commission or other agency of the state government shall employ auditors for the purpose of auditing the books and accounts of any such department, board, commission or other state agency, but they shall rely entirely on the state auditor for the performance of such duties, unless permission shall be given in writing so to do by both the governor and the state auditor. The provisions of this section are not intended to include counties or municipalities.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-10 - Construction and application of article

52:24-10. Construction and application of article
This article shall be construed liberally and shall be held to include the auditing of any and every department, board, agency, account or fund held directly or in trust for the state government by any state officer, employee of the state government, or county or municipal officials.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:24-10.1 - Cancellation on records of uncollectible account, note or credit item due Clerk of Superior Court

52:24-10.1. Cancellation on records of uncollectible account, note or credit item due Clerk of Superior Court
The State Auditor is authorized and empowered, subject to the approval of the Attorney-General, to direct the Clerk of the Superior Court to cancel on the records of the clerk any account, note, or credit item due and payable to the clerk which, upon examination, is determined to be uncollectible, and in any such case the State Auditor shall issue an appropriate order, which shall, when such order is countersigned by the Attorney-General, be sufficient authority to the clerk for such cancellation.
L.1953, c. 293, p. 1831, s. 1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-1 - Definitions

52:25-1. Definitions
As used in this chapter: "Department" means the State Purchasing Department.
"Commissioner" means the State Purchase Commissioner.
"Articles" mean and include any and all materials, supplies, furniture, equipment, printing, stationery, live stock and all other chattels, goods, wares and merchandise whatsoever.
"Using agencies" mean and include all institutions, boards, commissioners and officers of the State receiving legislative appropriations, or grants of money from the United States of America or any agency or department thereof.
Amended by L.1949, c. 69, p. 371, s. 1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-2 - Construction and repair of buildings, roads and bridges excepted

52:25-2. Construction and repair of buildings, roads and bridges excepted
Nothing in this chapter contained shall apply to the erection or construction or original equipment of any building or addition thereto or alteration or repair thereof as distinguished from the furnishing or maintenance thereof, nor to the construction or repair of any road or bridge, nor to the performance of any like work.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-3 - Products of institutional labor excepted

52:25-3. Products of institutional labor excepted
Nothing contained in this chapter shall be construed to alter, amend or repeal any provision of any law of this state relating to the purchase or use of the products of the labor of the inmates of any charitable, reformatory or penal institution of this state.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-4 - Laws applicable to expenditure of public moneys to govern

52:25-4. Laws applicable to expenditure of public moneys to govern
The commissioner, in the performance of his duties under this chapter, shall be subject to the provisions of all laws of this state applicable to the expenditure of public moneys not inconsistent with this chapter.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-5 - Department and employees continued

52:25-5. Department and employees continued
The state purchasing department, created and established by an act entitled "An act to establish a state purchasing department," approved April twenty-first, one thousand nine hundred and thirty-one (L.1931, c. 179, p. 401), is continued.
All officers and employees formerly employed by the state house commission or the state purchasing agent and transferred to the state purchasing department by the above entitled act, shall hold the same offices or employments in the state purchasing department so far as may be practicable, and the status of each such employee shall be as one continuing in the employment of the state with respect of all his rights and privileges under the civil service of this state or under any pension law or retirement system, or any other law, and each such employee shall retain all such rights and privileges as may be pertinent to his status in the service of the state.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-12 - Custody of documents and records

52:25-12. Custody of documents and records
The commissioner shall have the charge and custody of all books, contracts, vouchers, requisitions, correspondence, blanks, papers, documents and other records formerly made, kept or maintained by the state house commission or the state purchasing agent pursuant to chapter sixty-eight of the laws of one thousand nine hundred and sixteen and transferred to the commissioner.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-14 - Reorganizing laboratories, storage places and office divisions

52:25-14. Reorganizing laboratories, storage places and office divisions
The commissioner may combine or otherwise reorganize any existing laboratories, warehouses, other storage places and office divisions under his jurisdiction and control, in the department, as he may deem advisable, subject to the approval of the governor.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16 - Proceedings and records open to public

52:25-16. Proceedings and records open to public
The proceedings of the commissioner under this chapter shall be open to the citizens of the state and all records, contracts, orders and schedules shall be public records, open to the inspection of any citizen or interested person, at all reasonable hours.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.1 - Contract provisions relating to any local contracting unit.

52:25-16.1 Contract provisions relating to any local contracting unit.
3. The Director of the Division of Purchase and Property may, at the director's discretion, include, in any such contract or contracts on behalf of the State, a provision for the purchase of such materials, supplies, equipment or services by any local contracting unit from such contractor or contractors. Such purchase may be effectuated either as an outright purchase or by installment, lease or rental, so long as the vendor offers financing at an interest rate that is equal to or lower than the State line of credit. The local contracting unit shall have sole responsibility for any payment due the vendor for any such purchase. All purchases shall be subject to audit and inspection by the local contracting unit for which made. The local contracting unit shall file such reports as the Director of the Division of Purchase and Property may require setting forth the expenditure on such contracts. For the purposes of this section, "local contracting unit" means any public agency subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), or the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).
L.1969,c.104,s.3; amended 1999, c.440, s.91.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.2 - Solicitation of bids for volunteer fire department, first aid, rescue squads

52:25-16.2. Solicitation of bids for volunteer fire department, first aid, rescue squads
The director may, on the written request of any political subdivision, volunteer fire department, or volunteer first aid or rescue squad of this State, singly or jointly develop specifications or establish approved brand name lists of commonly used commodities, equipment or services, even though such commodities, equipment or services may not be purchased or used by the State. In these cases, the resulting specifications or approved brand name lists shall be submitted to the political subdivision, volunteer fire department, or volunteer first aid or rescue squad initiating the request for approval. After approval by the parties concerned, the director may, at the request of the applicant political subdivision, volunteer fire department, or volunteer first aid or rescue squad, solicit bids pursuant to P.L.1954, c. 48 (C. 52:34-6 et seq.). After determining the lowest responsible bidder meeting all of the specifications and conditions, the director shall notify the applicant political subdivision, volunteer fire department, or volunteer first aid or rescue squad of the results.
L. 1969,c.104, s.4; amended 1987,c.371.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.3 - List of current contracts

52:25-16.3. List of current contracts
The Director of the Division of Purchase and Property shall distribute annually to each county, municipality and school district a list of all current contracts entered into on behalf of the State, setting forth the materials, supplies or equipment included therein and the prices, terms and conditions thereof.
L.1969, c. 104, s. 5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.4 - Rules and regulations

52:25-16.4. Rules and regulations
The Director of the Division of Purchase and Property may make such rules and regulations as he may deem necessary to implement and facilitate the making of purchases by counties, municipalities and school districts through contracts entered into by the director.
L.1969, c. 104, s. 6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.5 - Definitions

52:25-16.5. Definitions
As used in this act:
a. "Director" means the Director of the Division of Purchase and Property in the Department of the Treasury.
b. "Independent institution of higher education" means a college or university incorporated and located in New Jersey, which by virtue of law or character or license, is a nonprofit educational institution authorized to grant academic degrees and provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which is eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.
L. 1985, c. 263, s. 1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.6 - Independent college purchases under State contracts.

52:25-16.6 Independent college purchases under State contracts.
2. a. An independent institution of higher education may, at the director's discretion, purchase materials, supplies, equipment or services under any contract awarded on behalf of the State by the Director of the Division of Purchase and Property, subject to such rules as the director may establish.
b. The director may establish limitations with respect to materials, supplies, equipment and services available for purchase and impose other appropriate conditions upon purchasing as deemed necessary to protect the State's own purchasing interests.
c. The independent institution of higher education shall file such reports as the Director of the Division of Purchase and Property may require setting forth the expenditures on such contracts.
L.1985,c.263,s.2; amended 1999, c.440, s.92.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.7 - $500 minimum

52:25-16.7. $500 minimum
Each purchase made by an independent institution of higher education pursuant to this act shall have a cost of $500.00 or more and the college or university shall accept sole responsibility for the payment of any cost due to the vendor.
L. 1985, c. 263, s. 3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.8 - Distribution of contract data

52:25-16.8. Distribution of contract data
The director shall annually distribute to each independent institution of higher education a list of all current contracts entered into on behalf of the State. The list shall provide information on the materials, supplies or equipment included in the contract and the prices, terms and conditions thereof.
L. 1985, c. 263, s. 4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-16.9 - Rules, regulations

52:25-16.9. Rules, regulations
The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) necessary to implement the provisions of this act.
L. 1985, c. 263, s. 5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-23 - Purchasing authority delegation for amounts under $25,000; under $250,000, certain.

52:25-23 Purchasing authority delegation for amounts under $25,000; under $250,000, certain.
52:25-23. The Director of the Division of Purchase and Property may, by written order, delegate purchasing authority to the using agencies for purchases or contracts not in excess of $150,000 beginning on the effective date of P.L.2021, c.412, $200,000 beginning on January 1, 2023, and $250,000 beginning on January 1, 2024 and thereafter; except that:
a. Purchases or contracts shall not be divided to circumvent the dollar limit imposed by this section;
b. Prior to issuing purchase orders pursuant to this section, a using agency shall verify the existence of funds for the purchase or contract and shall verify that the article or service to be purchased or contracted for is not available under any of the contracts issued by the Division of Purchase and Property; and
c. Records of all purchases made or contracts negotiated under this section shall be maintained by the using agency and made available for audit by or under the direction of the Director of the Division of Purchase and Property and shall include proper proof that the purchase or contract was made or negotiated competitively, where competition is practicable.
The Director of the Division of Purchase and Property may, by written order, rescind or reduce the level of purchasing authority delegated to any using agency determined by the director to have violated the provisions of the delegated authorization.
d. The director may, by written order, delegate purchasing authority to a specific agency for advertisement of purchases or contracts not in excess of $1,000,000, subject to the requirements set forth in this section;
(1) when the director has determined that such purchases or contracts are for the procurement of goods or services which are unique to the operations of that particular using agency and are not common or similar to goods or services used by other State agencies and, therefore, are not suitable for leveraging with other State agency procurements; or
(2) when a public exigency exists, such as when a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), or a state of emergency, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.), has been declared by the Governor and is in effect.
Amended 1958, c.70; 1964, c.194, s.1; 1985, c.107, s.1; 1999, c.440, s.93; 2005, c.336, s.16; 2021, c.412, s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-24.1 - Financial statement by bidder; questionnaires

52:25-24.1. Financial statement by bidder; questionnaires
The State Purchase Commissioner is hereby authorized, at any time within five days from the opening of bids, to require any bidder to submit to him a financial statement, under oath, in response to a questionnaire, showing not only the financial responsibility of the bidder, but his ability to furnish the material desired, and such other pertinent and material facts as the State Purchase Commissioner may deem desirable. For the purpose of carrying out the provisions of this act the State Purchase Commissioner is hereby authorized to prepare a standard form of questionnaire to be submitted by the bidder. If no response to the questionnaire is received by the State Purchase Commissioner within five days from the time of its mailing by said purchase commissioner, the purchase commissioner may reject the bid of any such bidder and award the bid to the next lowest responsible bidder.
L.1942, c. 176, p. 540, s. 1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-24.2 - Submission of statement required for bidding on public contracts.

52:25-24.2 Submission of statement required for bidding on public contracts.
1. No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation's stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.
L.1977, c. 33, s. 1, eff. March 8, 1977; amended 2016, c.43, s.1..
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:25-25 - Agreements for purchases in form of contracts

52:25-25. Agreements for purchases in form of contracts
Agreements for purchases may be made in the form of contracts for the furnishing of specific articles at fixed prices, or for the furnishing of articles according to the specifications at a fixed rate with provision for a minimum amount subject to increase at the same rate or for the furnishing of articles according to specifications without a stated minimum or maximum at a rate stated, commonly known as the "price agreement" at the discretion of the commissioner.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-1 - Local Government Board to be constituted the "Municipal Finance Commission"

52:27-1. Local Government Board to be constituted the "Municipal Finance Commission"
All the powers and duties formerly exercised and performed by the Municipal Finance Commission and vested in the Local Government Board of the State Department of Local Government by chapter three hundred eighty-five of the laws of one thousand nine hundred and thirty-nine and in the Local Government Board of the Division of Local Government in the State Department of Taxation and Finance by the effect of chapter one hundred twelve of the laws of one thousand nine hundred and forty-four shall continue to be exercised and performed by the Local Government Board of said division, and the said Local Government Board shall be constituted the Municipal Finance Commission, hereinafter, in this chapter, called "Municipal Finance Commission" or "commission."
Amended by L.1947, c. 119, p. 583, s. 1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-2 - Action where municipality defaults; judgment; powers and duties of commission

52:27-2. Action where municipality defaults; judgment; powers and duties of commission
Whenever it shall be made to appear to the Superior Court in an action brought by or on behalf of the holder of any notes or bonds of any municipality of this State against the municipality, that the municipality has defaulted for over sixty days in the payment of the principal or interest of any of its outstanding notes or bonds held by the plaintiff, the court may proceed in the action in a summary manner or otherwise.
If it shall be established to the satisfaction of the court that the municipality is so in default, it may enter judgment to that effect.
Upon the entry of the judgment, the commission shall have and exercise with respect to such municipality the powers and duties prescribed by this chapter.
Amended by L.1953, c. 49, p. 864, s. 27.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-3 - Resolution by municipality declaring inability to meet obligations; action in Superior Court; commission to function

52:27-3. Resolution by municipality declaring inability to meet obligations; action in Superior Court; commission to function
Any municipality may file with the Clerk of the Superior Court a certified copy of a resolution adopted by the governing body of the municipality, reciting in general terms that due to unusual conditions the municipality is not in a position to meet its obligations when due, in spite of the endeavors of its officers, and institute a civil action in the Superior Court, making the Director of the Division of Local Government a defendant and making application that the commission function in the municipality.
The court may proceed in the action in a summary manner or otherwise.
If it shall be established to the satisfaction of the court that the municipality is so unable to meet its obligations, it may enter judgment to that effect.
Upon the entry of the judgment, the commission shall function in such municipality with all the powers and duties conferred by this chapter.
Amended by L.1953, c. 49, p. 865, s. 28.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-4 - Duration of commission in municipality; subsequent powers of Director of Division of Local Government

52:27-4. Duration of commission in municipality; subsequent powers of Director of Division of Local Government
The commission shall continue in force in such municipality, and shall exercise the powers and perform the duties conferred by this chapter until all bonds or notes or other indebtedness of the municipality which has fallen due, and all bonds or notes which will fall due within one year, and the interest thereon, have been paid or funded or refunded, or the payment thereof in cash adequately provided for by a cash reserve, excepting tax anticipation or tax revenue notes or bonds of the current year, at which time its authority under this chapter shall cease.
Thereafter the Director of the Division of Local Government in the State Department of Taxation and Finance shall have the power to continue the employment of the auditor as provided for in section 52:27-6 of this Title, and to exercise the powers of the commission under section 52:27-22 of this Title, until the gross and net debt of such municipality, including notes or bonds issued under this chapter, is within all statutory limits, at which time his authority under this chapter shall cease.
Amended by L.1947, c. 119, p. 583, s. 2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-5 - Powers of commission and director to cease upon annulment of order adjudging municipality in default

52:27-5. Powers of commission and director to cease upon annulment of order adjudging municipality in default
Whenever the Superior Court has heretofore made or shall hereafter make an order or judgment annulling, vacating and discharging any order or judgment theretofore made by it pursuant to this chapter adjudging that the municipality has defaulted in the payment of the principal or interest of any of its outstanding notes or bonds, the commission shall cease to continue in force in such municipality and neither the commission nor the said director shall thereafter exercise any powers or perform any duties in and for such municipality pursuant to this chapter, provided that the commission shall have heretofore or hereafter determined by resolution that it is not functioning in said municipality.
Amended by L.1947, c. 119, p. 584, s. 3; L.1953, c. 49, p. 865, s. 29.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-6 - Secretary, auditor and other assistants; limitation on expenses

52:27-6. Secretary, auditor and other assistants; limitation on expenses
For the purpose of enabling the commission to carry out this chapter it may appoint a secretary and counsel, employ an auditor and such other assistants, legal, clerical or otherwise, and fix their duties, terms of service and compensation, and incur such other expenses as it may deem necessary, but no expenses (other than expenses directly attributable to the municipality, such as costs of issuing notes or bonds of the municipality and the costs of audit) shall be incurred exceeding ten thousand dollars ($10,000.00) in any one municipal fiscal year for any one municipality without the approval of a judge of the Superior Court.
Amended by L.1953, c. 49, p. 866, s. 30.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-8 - Office for auditor; access to books and records

52:27-8. Office for auditor; access to books and records
The auditor employed by the commission shall have an adequate office in the municipal building, if any, and shall have access to all books of account, records, papers and memoranda of such municipality.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-9 - Warrants and checks to be countersigned by auditor

52:27-9. Warrants and checks to be countersigned by auditor
All warrants, checks or other instruments for the withdrawal or transfer of funds of the municipality shall be submitted to such auditor for his countersignature, and no banking institution in which funds of the municipality have heretofore been or shall hereafter be deposited shall honor warrants or checks drawn thereon unless the countersignature of such auditor shall appear on the face of such instruments.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-11 - Majority may act; hearing; single member may sit

52:27-11. Majority may act; hearing; single member may sit
The act of a majority of the commission shall be deemed the act of the commission. The commission may hold hearings and administer oaths to witnesses. The members of the commission may sit singly for the purpose of holding public hearings.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-12 - Subpoenas; failure to obey or refusal to answer questions

52:27-12. Subpoenas; failure to obey or refusal to answer questions
The commission may issue subpoenas, signed by a majority of the commission, to compel attendance of witnesses before it and the production of books, papers and records. Any failure to obey any subpoena so issued or refusal to answer questions propounded by the commission, shall be punishable by the Superior Court in the same manner as a similar failure or refusal would be punishable in a case pending in such court.
Amended by L.1953, c. 49, p. 866, s. 31.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-13 - Commission may carry out directions not complied with by municipality

52:27-13. Commission may carry out directions not complied with by municipality
Whenever any direction of the commission authorized under this chapter has not been fully performed or carried out by the officials of the municipality affected, the commission may perform directly, or cause to be performed by its agents, in the name of the municipality, any act so directed by the commission, including the power to execute, sell, issue and deliver any bonds or notes directed to be issued under a resolution certified in accordance with section 52:27-14 of this title.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-13.1 - Powers and duties of auditor

52:27-13.1. Powers and duties of auditor
Whenever, pursuant to this chapter, the commission shall function in any municipality, the auditor appointed by the commission in and for such municipality shall, upon the adoption by the commission of a resolution providing therefor, have with respect to such municipality authority to recommend the tentative annual budget to the governing body thereof and to the commission; to review all contracts prior to their execution and their authorization by the governing body; to make recommendations concerning all capital improvements; to attend all meetings of the governing body with the right to take part in discussions but without the right to vote on any matters; to investigate the affairs of any department, officer, department head, employee, subordinate or assistant of such municipality; and to make recommendations with respect to any or all matters aforesaid both to the governing body and to the commission.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-13.2 - Certifying failure of municipal officer or employee to perform duties; removal or suspension; appointment of another

52:27-13.2. Certifying failure of municipal officer or employee to perform duties; removal or suspension; appointment of another
Whenever, pursuant to this chapter, the commission shall function in a municipality, it shall have, in addition to the powers granted in sections 52:27-13.1 of this title, the power, and it shall be its duty, to certify by resolution to the governing body and to the officer or employee concerned any failure on the part of such officer or employee of such municipality to perform any duty imposed upon such officer or employee under the provisions of any statute, local ordinance or regulation. Unless prior to the thirtieth day following the date of such certification, the governing body and the commission shall by resolution declare that such officer or employee has satisfactorily undertaken the performance of such duty, the governing body shall by resolution either remove, or suspend, with or without pay, such officer or employee; but nothing herein contained shall be deemed to authorize the removal or suspension hereunder without pay of any elected officer, but such officer may be suspended hereunder with pay for the remainder of his term of office. Upon the removal or suspension hereunder of any officer or employee, it shall be the duty of the governing body, with the concurrence and approval of the commission, to appoint a person or persons satisfactory to the governing body and to the commission to perform the duties of such officer or employee. In the event that no such satisfactory person can be found to perform such duties who is a resident of the municipality, it shall be lawful to appoint a person residing outside of the municipality.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-13.3 - Special collectors; appointment

52:27-13.3. Special collectors; appointment
Whenever, pursuant to this chapter, the commission shall function in a municipality, it shall have, in addition to the powers granted in sections 52:27-13.1 and 52:27-13.2 of this title, the power by resolution to recommend to the governing body of such municipality the appointment of one or more persons to act as special collectors of delinquent taxes or any other revenues in such municipality. Thereupon it shall be the duty of the governing body, with the concurrence and approval of the commission, to appoint a person or persons satisfactory to the governing body and to the commission to act as such special collector or collectors and to fix his or their compensation, and it shall be lawful so to appoint a person or persons residing outside of the municipality.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27-13.4 - Application of proceeds of taxes

52:27-13.4. Application of proceeds of taxes
The commission shall have power from time to time by resolution to direct that for such period as may be stated in such resolution the proceeds of any taxes collected, received, or realized in any manner during such period shall be applied equally and ratably to the purposes for which such taxes were levied.