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January 18, 2012

Re:      Governor Signs Bills

Dear Mayor:

Yesterday was the last day for the Governor to take action on bills from the 214th Legislative Session. The following are bills that the Governor signed into law:

A-3537/S-244 – Requires the owner of any non-owner occupied residential property who takes title of the property as the result of a sheriff’s sale or deed in lieu of foreclosure to within 10 business days to file with the municipal clerk of the municipality where the property is located the name and address of the owner.  If the owner does not live within New Jersey, they must designate an agent within New Jersey who is authorized to accept service of process on behalf of the property owner.  In addition, the contact information must also be filed with any association or common interest community where the residential property is located.  The law takes effect immediately.

A-3971/S-3110 – Prohibits municipal library trustees from transferring donated funds to municipality.  The Library Board of Trustees must include in its annual report to the Chief Financial Officer “any devise, bequest, or donation made to establish or maintain the free public library”.   In addition, any devise, bequest or donation made to establish or maintain the free public library will be excluded from the calculation of the funds to be transferred back to municipality.  This provision of the law is retroactive to October 27, 2010.

In addition, a last minute floor amendment amended the bill to permit any municipality that has ended the previous budget year with a deficit in operations caused, whether in whole or part, by obligations created from tax appeals to issue bond notes with Local Finance Board approval.  The amount of the notes authorized shall not exceed the cash payments or tax credits due to the tax appeals and shall be authorized by a bond ordinance approved by the Local Finance Board.  This provision of the law takes effect immediately.

S-299/A-4170 – Authorizes marriage and entry into a civil union by proxy for a member of the Armed Forces or National Guard who is stationed overseas and serving in a conflict or war and is unable to appear for the licensure and solemnization of their marriage.  The law takes effect immediately. 

S-2411/A-3484 – Permits appointment of certain EMT's laid off for reasons of economy to vacant paid positions.   The seniority, seniority-related privileges and promotion title, if applicable, is not transferable to a new position.  The law takes effect immediately.

S-2850/A-4442 – Exempts beach bars, amusement parks and carnival amusement rides from noise restrictions of "Noise Control Act of 1971" during normal business hours from May 15 to October 15.  This exemption applies to beach bars, amusement parks and carnival amusement rides existing and operating as of August 31, 2011.  This exemptions also applies to the replacement of a carnival amusement ride provided that the noise emissions of the new ride is less than or equal to the noise emissions of the original ride.  This law takes effect immediately.

S-3148/A-4394 – Establishes procedures for districts, municipalities, or voters to opt to move the annual school election to November and eliminates vote on school budgets for such districts, except for separate proposals to spend above cap.  This law takes effects immediately.  We will be sending out a separate letter regarding the procedures to move the annual school election.

S-3156/A-4335 – Extends validity of wastewater service area and sewer service area designations, and revises certain aspects of wastewater management planning process.  We will be sending out a separate letter regarding the provisions of this law.

S-3166/A-4432 – Prohibits soliciting of campaign contributions on any public property by any elective public office candidates or the candidates agents/representatives.  It also prohibits persons from making contributions to such candidates on any public property.  Any candidate who the Election Law Enforcement Commission determines to have violated this law will be fined a minimum of $5,000 for each violation.  Any public property that is made available through rent or reservation for the exclusive use of any group for a non-government purpose as a meeting location is exempt for this law.  This law takes effect immediately.

S-3173/A-4426 -"Urban Hope Act"; provides a process to permit authorized entities to build, operate, and manage "renaissance school projects" as public schools in no more than three identified failing districts.  This law takes effect immediately.

If you have any questions on the legislation above please contact Jon Moran at jmoran@njslom.com, Mike Cerra at mcerra@njslom.com or Lori Buckelew at lbuckelew@njslom.com.

Very truly yours,

William G. Dressel, Jr.
Executive Director

 

 

 

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