reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:64-3 - Referendum prohibiting Sunday sales in city

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 prohibited, a petition is filed with the city clerk signed by not less than 2,500 registered voters of the city requesting that there shall be submitted to the voters of the city the question of whether the provisions of section 17 of P.L.1999, c.90 (C.40A:64-4) prohibiting Sunday sales shall apply within the city, the question shall be submitted to the voters of the city at the next general election after the 30th day following the date of the filing of the petition.
b. There shall be printed on each official ballot to be used at the election authorized by this section the following:
If you favor the proposition printed below make a cross (X), plus (+) or check ( ) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check ( ) in the square opposite the word "No."
YES.
Shall Sunday sales be permitted in this city?
NO.
In any city in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the instructions and shall be voted upon by the use of such machines.
c. If at the election at which the question is submitted, the majority of all the votes cast are cast in favor of the question, the provisions of section 14 of P.L.1999, c.90 (C.40A:64-1) prohibiting Sunday sales shall be inoperative in the city; if a majority of votes is cast against the question, the provisions shall remain operative in the city.
L.1999,c.90, s.16.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:64-4 - Municipality may prohibit Sunday sales by referendum

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 referendum may by municipal referendum and pursuant to R.S.40:45-3 submit to the voters of the municipality for their approval the question of whether Sunday sales shall be permitted in that municipality.
L.1999,c.90, s.17.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:64-5 - Definitions relative to Sunday sales

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 money to be used for any educational purposes benefiting students including, but not limited to, use for scholarships or educational or athletic equipment. The money generated as a result of the sponsorship of a fundraising event, the leasing of space to vendors, and any actual sales by the educational organization itself must be used in their entirety for educational purposes. These events shall be conducted on the premises of the school with which the educational organization is affiliated and may include, but are not limited to, flea markets, auctions, and bazaars.
(2) "Educational organizations" means associations of parents of public or private, nonprofit school students and faculty members of the public or private, nonprofit school where those students are enrolled, including teachers and administrators, or student groups consisting of present or former enrollees of the school or organizations consisting of some members of both these associations or groups who have joined together to conduct activities relating to the improvement of the quality of education. These activities include, meetings devoted to issues concerning administration or curriculum matters or volunteer efforts concerning any extracurricular activities or athletic events.
b. Notwithstanding any other provisions of law to the contrary, in a county in which the provisions of section 14 of P.L.1999, c.90 (C.40A:64-1) prohibiting Sunday sales apply, an educational organization may be authorized by the appropriate school board of a public school or the appropriate chief administrative officer of a private, nonprofit school, as the case may be, in that county to conduct, on the appropriate school premises, no more than 10 fundraising events on any 10 Sundays in a calendar year. Each event shall be subject to separate approval by the board or chief administrative officer, as the case may be. The 10-day limitation provided for herein shall apply to all educational organizations for which a fundraising event would be subject to the approval of a single school district or chief administrative officer, as the case may be.
c. The governing body of a municipality may, by ordinance or resolution, provide that the provisions of this section will not be applicable in that municipality or may regulate or otherwise limit the fundraising events permitted by this act.
L.1999,c.90, s.18.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-1 - Short title.

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 Consolidation Act."
L.2007, c.63, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-2 - Findings, declarations relative to shared services and consolidation.

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, permitting a variety of shared services, including interlocal services agreements, joint meetings, and consolidated and regional services, exist but have not been very effective in promoting the broad use of shared services as a technique to reduce local expenses funded by property taxpayers.
c. It is appropriate for the Legislature to enact a new shared services statute that can be used to effectuate agreements between local units for any service or circumstance intended to reduce property taxes through the reduction of local expenses.
d. It is contrary to public policy that the tenure rights of certain local personnel should effectively prohibit shared services agreements for the services provided by those local personnel, thereby depriving property taxpayers of property tax relief.
e. In order to evaluate the efficiencies related to the sharing of services of certain local personnel having tenure rights in office, it is appropriate to create a pilot program in seven counties of the State which embody urban, suburban, and rural characteristics to study the sharing of the services of these personnel between municipalities by allowing for the dismissal of such a tenured local official, as necessary, in order to promote and effectuate the sharing of a service.
L.2007, c.63, s.2; amended 2013, c.166, s.2; 2018, c.140, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-3.1 - "Joint meeting" deemed to refer to a "regional service agency."

40A:65-3.1 "Joint meeting" deemed to refer to a "regional service agency."
1. Whenever the term "joint meeting" as defined in section 3 of P.L.2007, c.63 (C.40A:65-3), and which powers and authority are set forth in section 7 of P.L.1960, c.3 (C.40:48B-2.1) and section 15 of P.L.2007, c.63 (C.40A:65-15) occurs or any reference is made thereto in any law, contract, or other document, the same shall be deemed to mean or refer to a "regional service agency" as also defined in section 3 of P.L.2007, c.63 (C.40A:65-3), established by joint contract on or after the date of enactment of P.L.2019, c.433 (C.40A:65-3.1 et al.).
L.2019, c.433, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-5 - Adoption of resolution to enter into agreement.

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 of a resolution. In the case of a shared service agreement between pilot municipalities, no agreement shall be adopted until copies of the agreement shall be provided to all affected employees of the local units that are party to the agreement at least two weeks before adoption of the resolution, and a public hearing has been held on the agreement, so that all persons having an interest in the agreement shall have been given an opportunity to present comments or objections concerning the content of the agreement, or the effect of the agreement. During the public hearing, the local unit shall provide an overview of the terms of the agreement and an estimate of the cost savings anticipated to be achieved by the local units that are the parties to the agreement. A resolution adopted pursuant to this section or subsection b. of that section shall clearly identify the agreement by reference and need not set forth the terms of the agreement in full.
b. In the case of a shared services agreement between pilot municipalities, a copy of the agreement shall be open to public inspection at the offices of the local unit at least two weeks prior to the adoption of a resolution to become a party to the agreement.
c. The agreement shall take effect upon the adoption of appropriate resolutions by all the parties thereto, and execution of agreements authorized thereunder as set forth in the agreement.
L.2007, c.63, s.5; amended 2013, c.166, s.5.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-6 - Local units sharing services, designation of primary employer; rules, regulations.

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 required to comply with a State license or certification requirement as a condition of employment, the agreement shall provide for the payment of a salary to the officer or employee and shall designate one of the local units as the primary employer of the officer or employee for the purpose of that person's tenure rights. If the agreement fails to designate one of the local units as the primary employer, then the local unit having the largest population, shall be deemed the primary employer for the purposes of that person's tenure rights.
b. A State department or agency with oversight over specific activities that are the subject of a shared service agreement may promulgate whatever rules and regulations it deems necessary to ensure that the service continues to be provided in accordance with the requirements of that department or agency.
L.2007, c.63, s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-6.1 - Information technology, cybersecurity professionals, hiring, shared services.

40A:65-6.1 Information technology, cybersecurity professionals, hiring, shared services.
1. a. The Department of Community Affairs shall not exclude the hiring of information technology or cybersecurity professionals pursuant to a shared services agreement from any program, activity, assistance, or offering, administered by the department to incentivize local units to enter into shared services agreements when information technology or cybersecurity shared services are potential eligible uses of program funds. Nothing in this section shall limit the ability of the department to define categories of eligible hiring costs, establish a maximum number of years for which hiring costs are eligible, or to establish eligibility criteria including, but not limited to, cost effectiveness, efficiencies generated, and serving the public interest.
b. For the purposes of this section, "department" means the Department of Community Affairs.
L.2023, c.52.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-8 - Preservation of seniority, tenure, pension rights for law enforcement officers.

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 of law enforcement services within their respective jurisdictions, the agreement shall recognize and preserve the seniority, tenure, and pension rights of every full-time law enforcement officer who is employed by each of the participating local units and who is in good standing at the time the ordinance authorizing the agreement is adopted, and none of those law enforcement officers shall be terminated, except for cause; provided, however, this provision shall not be construed to prevent or prohibit a merged law enforcement entity from reducing force as provided by law for reasons of economy and efficiency.
b. To provide for the efficient administration and operation of the shared law enforcement services within the participating local units, the agreement may provide for the appointment of a chief of police or other chief law enforcement officer. In that case, the agreement shall identify the appropriate authority to whom the chief of police or other chief law enforcement officer reports and also shall provide that any person who is serving as the chief of police or other chief law enforcement officer in one of the participating local units at the time the contract is adopted may elect either:
(1) to accept a demotion of no more than one rank without any loss of seniority rights, impairment of tenure, or pension rights; or
(2) to retire from service.
A person who elects retirement shall not be demoted, but shall retain the rank of chief of police or other chief law enforcement officer and shall be given terminal leave for a period of one month for each five-year period of past service as a law enforcement officer with a participating local unit. During the terminal leave, the person shall continue to receive full compensation and shall be entitled to all benefits, including any increases in compensation or benefits, that he may have been entitled to if he had remained on active duty.
c. Whenever the participating local units have adopted or are deemed to have adopted Title 11A, Civil Service, of the New Jersey Statutes with regard to the provision of law enforcement services, and the agreement provides for the appointment of a chief of police or other chief law enforcement officer, the position of chief of police or other chief law enforcement officer shall be in the career service.
L.2007, c.63, s.8.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-9 - Awarding of public contracts.

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 a private contractor to perform all or most of that service, or all or most of a specific and separate segment of that service, then that local unit shall award the contract for the work to be performed by a private contractor under the agreement in accordance with the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
L.2007, c.63, s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-10 - Approval of award of contract.

40A:65-10 Approval of award of contract.
10. In the event that any authority, board, commission, district, joint meeting, regional service agency, or other body created by one or more local units proposes to enter into a contract under sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.), whereby that entity agrees to have performed on its behalf services, the cost of which shall equal one-half or more of the total costs of the services being performed by that entity immediately prior to the adoption of the proposed contract, then the contract shall require approval by resolution of the governing body of each local unit which created the entity or which has become a participant therein subsequent to its creation.
L.2007, c.63, s.10; amended 2019, c.433, s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-12 - Provision of technical advice by Public Employment Relations Commission.

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 integrate separate labor agreements into single agreements for the shared service agreement. The commission may order binding arbitration, pursuant to P.L.1995, c.425 (C.34:13A-14a et al.), to integrate any labor agreement.
L.2007, c.63, s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-13 - Construction of power to share services.

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 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) is intended to be as broad as is consistent with general law.
L.2007, c.63, s.13.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-14 - Joint contract for joint meeting, regional services agency for public services.

40A:65-14 Joint contract for joint meeting, regional services agency 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 40 years, to provide for the formation of a joint meeting or regional service agency for the joint operation of any public services, public improvements, works, facilities, or undertakings which the local units are empowered to operate. The contract shall be entered into in accordance with the procedures set forth in subsection b. of section 16 of P.L.2007, c.63 (C.40A:65-16).
b. A joint contract may provide for joint services for any services which any contracting local unit, on whose behalf those services are to be performed, is legally authorized to provide for itself. Those services include, but are not limited to, general government administration, health, police and fire protection, code enforcement, assessment and collection of taxes, financial administration, environmental protection, joint municipal courts, and youth, senior citizens and social welfare programs.
c. The joint contract shall set forth the public services, public improvements, works, facilities, or undertakings which the contracting local units desire to operate jointly, and shall provide in general terms the manner in which the public services, public improvements, works, facilities or undertakings shall be jointly operated, and the respective duties and responsibilities of the contracting local units.
d. No joint contract pursuant to this section shall authorize the operation of any property or service defined as a "public utility" by R.S.48:2-13, except as may otherwise be provided by law.
L.2007, c.63, s.14; amended 2019, c.433, s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-16 - Provisions of joint contract.

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 or regional service agency, for the apportionment of the costs and expenses of operation required therefor among the contracting local units, for the addition of other local units as members of the joint meeting or regional service agency, for the terms and conditions of continued participation and discontinuance of participation in the joint meeting or regional service agency by the contracting local units, and for such other terms and conditions as may be necessary or convenient for the purposes of the joint meeting or regional service agency. The apportionment of costs and expenses may be based upon assessed valuations, population, and such other factor or factors, or any combination thereof, as may be provided in the joint contract.
b. (1) Notwithstanding any law to the contrary concerning approval of contracts, the joint contract shall be subject to approval by resolution of the governing bodies of each of the local units prior to its execution by the official or officials who are authorized to execute a joint contract.
(2) The joint contract shall specify the name by which the joint meeting or regional service agency shall be known.
(3) The joint contract may be amended from time to time by agreement of the parties thereto, in the same manner as the original contract was authorized and approved.
(4) A copy of every resolution creating a joint meeting or regional service agency, and every amendment thereto, shall be forthwith filed with the director.
L.2007, c.63, s.16; amended 2019, c.433, s.8.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-17 - Preservation of seniority, tenure, pension rights of law enforcement officers.

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 services within their respective jurisdictions, the contract shall recognize and preserve the seniority, tenure, and pension rights of every full-time law enforcement officer who is employed by each of the contracting local units and who is in good standing at the time the ordinance or resolution, as the case may be, authorizing the contract is adopted, and none of those law enforcement officers shall be terminated, except for cause; provided, however, this provision shall not be construed to prevent or prohibit a merged law enforcement entity from reducing force as provided by law for reasons of economy and efficiency.
b. (1) To provide for the efficient administration and operation of the joint law enforcement services within the participating local units, the joint contract may provide for the appointment of a chief of police or other chief law enforcement officer. In that case, the joint contract shall identify the appropriate authority to whom the chief of police or other chief law enforcement officer reports and also shall provide that any person who is serving as the chief of police or other chief law enforcement officer in one of the participating local units at the time the joint contract is adopted may elect either:
(a) to accept a demotion of no more than one rank without any loss of seniority rights, impairment of tenure, or pension rights; or
(b) to retire from service.
(2) Any person who elects retirement shall not be demoted but shall retain the rank of chief of police or other chief law enforcement officer and shall be given terminal leave for a period of one month for each five-year period of past service as a law enforcement officer with the participating local unit. During the terminal leave, the person shall continue to receive full compensation and shall be entitled to all benefits, including any increases in compensation or benefits, that he may have been entitled to if he had remained on active duty.
c. Whenever the participating local units have adopted or are deemed to have adopted Title 11A, Civil Service, of the New Jersey Statutes with regard to the provision of law enforcement services, and the contract provides for the appointment of a chief of police or other chief law enforcement officer, the position of chief law enforcement officer shall be in the career service.
L.2007, c.63, s.17.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-18 - Applicability of terms of existing contracts.

40A:65-18 Applicability of terms of existing contracts.
18. a. When a joint meeting or regional service agency merges bargaining units that have current contracts negotiated in accordance with the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), the terms and conditions of the existing contracts shall apply to the rights of the members of the respective bargaining units until a new contract is negotiated, reduced to writing, and signed by the parties as provided pursuant to law and regulation promulgated thereunder.
b. 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 integrate separate labor agreements into single agreements for the joint contract. The commission may order binding arbitration, pursuant to P.L.1995, c.425 (C.34:13A-14a et al.), to integrate any labor agreement.
L.2007, c.63, s.18; amended 2019, c.433, s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-20 - Constitution, appointment of management committee.

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 which one shall be appointed by the governing body of each of the local units executing the joint contract. The members shall be residents of the appointing local unit, except that a member who is the chief financial officer, business administrator, municipal administrator, or municipal manager of the local unit making the appointment need not be a resident of the appointing local unit. The appointees may or may not be members of the appointing governing body. Each member of the management committee shall hold office for the term of one year and until the member's successor has been appointed and qualified. In the event that there is an even number of local units that are parties to the joint contract, the management committee shall consist of one member appointed by each of the governing bodies and one member selected by the two other appointed members.
b. The management committee shall elect annually from among its members a chair to preside over its meetings. The management committee may appoint such other officers and employees, including counsel, who need not be members of the management committee or members of the governing bodies or employees or residents of the local units, as it may deem necessary. The employees appointed by the management committee shall hold office for such term not exceeding four years as may be provided by the joint contract. The management committee shall adopt rules and regulations to provide for the conduct of its meetings and the duties and powers of the chairman and such other officers and employees as may be appointed. All actions of the management committee shall be by vote of the majority of the entire membership of the committee, except for those matters for which the contract requires a greater number, and shall be binding on all local units who have executed the joint contract. The management committee shall exercise all of the powers of the joint meeting or regional service agency subject to the provisions of the joint contract.
The joint contract may provide for the delegation of the administration of any or all of the services, lands, public improvements, works, facilities or undertakings of the joint meeting or regional service agency to the governing body of any one of the several contracting local units, in which event such governing body shall have and exercise all of the powers and authority of the management committee with respect to such delegated functions.
L.2007, c.63, s.20; amended 2019, c.433, s.11.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-21 - Apportionment of operating costs by management committee.

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 committee, shall be apportioned among the participating local units as provided by the joint contract. Each local unit shall have power to raise and appropriate the funds necessary therefor in the same manner and to the same extent as the local unit would have if it were acquiring and constructing the same for itself, including the power to authorize and issue bonds or other obligations pursuant to the "Local Bond Law," N.J.S.40A:2-1 et seq. The management committee shall certify to the participating local units the cost of the acquisition or construction, as well as the apportioned shares thereof, within 15 days after its action thereon.
L.2007, c.63, s.21.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-22 - Certification of costs and expenses by management committee.

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 operation, other than acquisition and construction costs, of the services, public improvements, works, facilities, or undertakings for the ensuing year, in accordance with the terms and provisions of the joint contract, together with an apportionment of the costs and expenses of operation among the participating local units in accordance with the method of apportionment provided in the joint contract. It shall be the duty of each participating local unit to include its apportioned share of such costs and expenses of operation in its annual budget, and to pay over to the management committee its apportioned share as provided in the joint contract. Operations under the budget and related matters shall be subject to and in accordance with rules of the Local Finance Board or the Commissioner of Education, as appropriate. The Local Finance Board shall be responsible for the determination of the appropriate rule-making authority with regard to each joint contract. For the first year of operation under the joint contract, a participating local unit may adopt a supplemental or emergency appropriation for the purpose of paying its apportioned share of the costs and expenses of operation, if provision therefor has not been made in the annual budget.
L.2007, c.63, s.22.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-23 - Termination of joint contract.

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 units then participating; except that if only two local units are then participating, adoption of a resolution by both units shall be required to terminate the contract. The termination shall not be made effective earlier than the end of the fiscal year next succeeding the fiscal year in which the last of the required number of local units adopts its termination resolution
L.2007, c.63, s.23.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-24 - Existing joint meeting, public school jointure unaffected.

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 through 35 of P.L.2007, c.63 (C. 40A:65-1 through C.40A:65-35).
L.2007, c.63, s.24.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-27 - Creation of task force to facilitate consolidation.

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 State departments, offices and agencies, as it deems appropriate, and representatives of affected negotiations units, to facilitate the consolidation and provide technical assistance.
b. When a consolidation plan provides that the consolidated municipality will be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes the Civil Service Commission is specifically authorized to create a consolidation implementation plan to vest non-civil service employees, based on the education and experience of the individuals, in appropriate titles and tenure.
c. Whenever a referendum question to decide if a consolidated municipality shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes fails, the employees of a municipality already subject to that Title shall be given non-civil service titles in the new entity and previously held tenure shall be vacated.
d. The Public Employment Relations Commission is authorized to provide technical advice, pursuant to section 12 of P.L.1968, c.303 (C.34:13A-8.3), to assist a new municipality and existing labor unions to integrate separate labor agreements into consolidated agreements and to adjust the structure of collective negotiations units, as the commission determines appropriate for the consolidated municipality.
L.2007, c.63, s.27; amended 2008, c.29, s.103.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-28 - Equalization of property assessments for apportionment of taxes.

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, then the assessments on the properties owned by the taxpayers of the former municipalities shall be equalized for the apportionment of taxes for the consolidated municipality, in the same manner as assessments are equalized for the apportionment of county taxes.
b. The owners of any residential property or residential tenants of any municipality consolidated under sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.), or the "Municipal Consolidation Act," P.L.1977, c.435 (C.40:43-66.35 et al.), who experience a municipal or school district purposes real property tax increase in the first tax year following the municipal consolidation shall be entitled to annual property tax relief until such time as they sell or transfer their home or no longer reside as tenants in the rental unit they occupied just prior to the municipal consolidation. In the case of the owner of residential property, the property tax relief shall be reflected as a credit on the property tax bill equal to the difference between the municipal and school district purposes real property tax payable by the taxpayer for the tax year, subject to any adjustment as determined necessary by the Director of the Division of Local Government Services in the Department of Community Affairs to reflect operating budgets for a normal pre-consolidated fiscal year, and the municipal and school district purposes real property tax billed to that taxpayer for the tax year during which the consolidation is effectuated, as may be adjusted by the Director of the Division of Local Government Services in the Department of Community Affairs to reflect normal post-consolidation operating budgets for the municipalities and school districts. In the case of a residential tenant, the tax credit applied to an apartment property shall be distributed to eligible tenants pursuant to the provisions of the "Tenants' Property Tax Rebate Act," P.L.1976, c.63 (C.54:4-6.2 et seq.) and this section. The total of all such relief in the municipality shall be paid by the State to the municipality on a schedule determined by the Local Finance Board. For the purpose of this subsection, a "normal" budget year shall be one that, in the determination of the director, does not reflect expenses made in anticipation of, or in implementation of, a municipal consolidation.
L.2007, c.63, s.28.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-29 - Construction of law on consolidation appeals.

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 through 28 of P.L.2007, c.63 (C.40A:65-25 through C.40A:65-28). The board is empowered to act to provide guidance, interpretation, and to resolve disputes regarding these sections or the "Municipal Consolidation Act," P.L.1977, c.435 (C.40:43-66.35 et al.). Decisions of the board may be appealed directly to the Appellate Division of the Superior Court.
L.2007, c.63, s.29.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-30 - "Sharing Available Resources Efficiently (SHARE)" program established.

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 contract, or municipal consolidation may apply to the director for grants or loans to fund the study, including consultant costs, and to fund one-time start-up costs of a shared service agreement or joint contract or municipal consolidation. The director, in consultation with the Commissioner of Education, shall establish a program to be known as the "Sharing Available Resources Efficiently" program, or "SHARE," to accomplish this purpose, and, in consultation with the commissioner, shall promulgate rules and regulations necessary to effectuate the purposes of the program.
b. The director, in consultation with the commissioner, shall provide guidelines and procedures for the submission of SHARE grant and loan applications.
c. Applications for shared service study funds:
(1) May require such local match of funds, as is determined by the director for the studies if the director finds that the local unit is financially capable of providing such matching funds.
(2) Shall not require a local match of funds for consolidation studies under sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.) or the "Municipal Consolidation Act," P.L.1977, c.435 (C.40:43-66.35 et al.).
(3) Grants for implementation of shared services may include financial assistance for terminal leave benefits, but not for early retirement incentives related to pension contributions.
d. Applications for one-time start-up costs shall provide that:
(1) Local units may apply for financial assistance for the one-time start-up costs necessary to implement shared services. Costs that may be financed through the issuance of debt or capital lease agreements shall be excluded from this program.
(2) The director may set limits on aid awards and negotiate the various provisions, costs, payment provisions, and amounts of grants or loans to ensure that the shared service is cost effective and in the public interest. Financial assistance for costs associated with terminal leave benefits shall be limited to the lesser of the officer or employee's regular base rate of compensation that is paid for the terminal leave benefit pursuant to an applicable employment contract, local practice, local ordinance, or State law.
e. The director may provide technical support programs to assist local units in applying for grants or aid for studying shared services.
L.2007, c.63, s.30; amended 2019, c.433, s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-31 - "Sharing Available Resources Efficiently" account.

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 as may be credited to it from the Property Tax Relief Fund, the repayments of loans made from the account, and any other funds as may be appropriated to the account from time to time. Moneys in the account shall be appropriated for the purposes of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.).
L.2007, c.63, s.31.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-32 - Adoption of resolution authorizing certain referenda for citizen's commission.

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 official ballots to be used at the next ensuing regular or general election, as appropriate, a certain proposition to authorize the creation of a citizen's commission, consisting of members of the governing body, appropriate municipal officials such as the municipal purchasing agent, and at least an equal number of residents of the municipality, and to identify and implement shared service, joint meeting, regional service agency, or consolidation opportunities for the municipality. The proposition shall be formulated and expressed in the resolution in concise form and filed with the clerk of the county not later than 74 days previous to the election. If approved by a majority of those voting at the election, the proposition shall be binding and shall constitute the authority for the governing body to appoint members to the citizen's commission and provide resources as it deems necessary.
L.2007, c.63, s.32; amended 2019, c.433, s.13.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-33 - Existing agreements, contracts continued.

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 of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.) are continued pursuant to the law in effect at the time that the agreement or contract was executed; provided, however, that any renewals shall be in accordance with the provisions of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.).
L.2007, c.63, s.33.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-34 - PERC rules, regulations, fee schedule, grievances, appeals.

40A:65-34 PERC rules, regulations, fee schedule, grievances, appeals.
34. a. Any shared service agreement, joint contract, or municipal consolidation shall be deemed in furtherance of the public good and presumed valid, subject to a rebuttable presumption of good faith on the part of the governing bodies entering into the agreement.
b. With regard to any responsibilities assigned to the Public Employment Relations Commission pursuant to sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.):
(1) The commission may promulgate rules or regulations to effectuate the purposes of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.).
(2) The commission may establish a fee schedule to cover the costs of effectuating its services; provided, however, that the fees so assessed shall not exceed the commission's actual cost of effectuating those provisions.
(3) Within 14 days of receiving a decision, a party aggrieved by a decision of a mediator or arbitrator assigned by the commission may file notice of an appeal of an award to the commission. In deciding an appeal, the commission, pursuant to rule and regulation and upon petition, may afford the parties the opportunity to present oral arguments. The commission may affirm, modify, correct or vacate the award or may, at its discretion, remand the award to the same arbitrator or to another arbitrator, selected by lot, for reconsideration. An aggrieved party may appeal a decision of the commission to the Appellate Division of the Superior Court.
L.2007, c.63, s.34; amended 2019, c.433, s.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:65-35 - Repealer.

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 and 27:16-70;
R.S.27:16-72 through 27:16-76;
R.S.27:19-8;
R.S.27:19-38;
R.S.27:20-2 through 27:20-4;
R.S.27:22-1 through 27:22-9;
R.S.27:22-11;
Section 1 of P.L.1952, c.120 (C.40:5-2.9);
Sections 1 through 9, 19, and 20 of P.L.1973, c.208 (C.40:8A-1 through 40:8A-11);
Section 2 of P.L.1992, c.145 (C.40:8A-6.1);
Sections 1 through 5 of P.L.1999, c.60 (C.40:8B-14 through 40:8B-18);
Sections 1 through 11 of P.L.1952, c.72 (C.40:48B-1 through 40:48B-11);
Sections 8 and 9 of P.L.1960, c.3 (C.40:48B-12 and 40:48B-13);
Sections 1 and 2 of P.L.1951, c.102 (C.40:54-29.1 and 40:54-29.2);
Sections 1 through 4 of P.L.1958, c.147 (C.40:60-25.47 through 40:60-25.50);
Sections 1 through 4 of P.L.1964, c.185 (C.40:61-35.1 through 40:61-35.4);
R.S.40:67-24 and 40:67-25; and
R.S.40:67-36 through 40:67-46.
L.2007, c.63, s.35.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:66-6 - Construction of act.

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 a municipality to engage in functions authorized pursuant to R.S.40:62-12 et seq.
L.2015, c.129, s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:66-7 - Certain interest in contracts prohibited.

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 contract or proposed contract or property related to the provision of wholesale electric power, transmission, generation, materials, services, or supplies to be furnished, to or used by, the authority or any of its members.
L.2015, c.129, s.7.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:66-9 - Issuance of bonds.

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 authorize or provide for the issuance of bonds pursuant to P.L.2015, c.129 (C.40A:66-1 et al.) for the purpose of raising funds to pay the cost of any part of an electric supply project, to fulfill the terms of a power supply contract, including any provision for collateral or related performance security measures, and to fund or refund any bonds.
b. The municipal shared services energy authority shall adopt a bond resolution which shall:
(1) describe in brief and general terms sufficient for reasonable identification the electric supply project or part thereof, to be constructed or acquired, or describe the bonds which are to be funded or refunded, if any;
(2) state the cost or estimated cost of the project, if any; and
(3) provide for the issuance of the bonds in accordance with sections 10 through 18 of P.L.2015, c.129 (C.40A:66-10 through C.40A:66-18).
L.2015, c.129, s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:66-10 - Powers upon adoption of bond resolution.

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 for the purpose of financing a project to meet the electric power needs of its members or of funding or refunding the bonds issued pursuant to P.L.2015, c.129 (C.40A:66-1 et al.). The bonds shall be authorized by the bond resolution and may be issued in one or more series and shall bear the date or dates, mature at a time or times not exceeding 40 years from the date thereof, bear interest at a rate or rates within a maximum rate as permitted by law, be in a denomination or denominations, be in a form, either coupon or registered, carry conversion or registration privileges, have a rank or priority, be executed in a manner, be payable from sources in a medium of payment at a place or places within or without the State, and be subject to the terms of redemption, with or without a premium, as the bond resolution may provide.
L.2015, c.129, s.10.