Bill Text: NJ A4321 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for review and consolidation of certain toll free telecommunications services maintained and operated by certain State and local entities.*
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-08 - Reported as an Assembly Committee Substitute and Referred to Assembly Appropriations Committee [A4321 Detail]
Download: New_Jersey-2010-A4321-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Provides for review and consolidation of certain toll free telecommunications services maintained and operated by certain State and local entities and establishes independent authority within Department of Treasury to provide information and referral services.
CURRENT VERSION OF TEXT
As introduced.
An Act providing for the review and consolidation of certain toll free telecommunications services maintained and operated by certain State and local entities and establishing an independent authority within the Department of the Treasury empowered to provide information and referral services, supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Authority" means the New Jersey 2-1-1 Authority established in accordance with section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Board" means the governing board of the New Jersey 2-1-1 Authority.
"Commission" means the State Commission on the Consolidation of Toll Free Telecommunications Services established in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Information and referral services" means any services necessary for or related to the active process of connecting a person with a need or a problem with a source of information or a provider of a service that will meet that need or address that problem.
"Toll free telephone number" means a telephone number for which the toll charges for completed telephone calls are paid by the toll free subscriber.
2. There is established in, but not of, the Department of the Treasury a commission to be known as the State Commission on the Consolidation of Toll Free Telecommunications Services.
The purpose of the commission shall be to study and evaluate, to make recommendations, and to design and develop policies and procedures regarding the consolidation of the toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education.
The commission shall consist of the following members: the State Treasurer, or the State Treasurer's designee, who shall serve ex officio; the Chief Technology Officer of the Office of Information Technology in the Department of the Treasury, or the Chief Technology Officer's designee, who shall serve ex officio; the President of the Board of Public Utilities, or the President's designee, who shall serve ex officio; two public members appointed by the Governor; two public members appointed by the President of the Senate; and two public members appointed by the Speaker of the General Assembly.
Ex officio members of the commission may designate an officer or employee of the member's department, office, or board, as the case may be, to represent the member at a meeting of the commission. Each designee of an ex officio member may vote and take action on behalf of the member for whom the person constitutes a designee. Any such designation shall be provided in writing delivered to the commission and shall continue in effect until revoked or amended by writing delivered to the commission.
Public members appointed by the Governor, the President of the Senate, or the Speaker of the General Assembly shall not be a candidate for or hold elective public office at the time of appointment to, or while serving as a member of, the commission. Public members appointed by the Governor, the President of the Senate, or by the Speaker of the General Assembly may be removed from the commission by the appointing authority, for cause, upon notice and opportunity to be heard. Vacancies in the membership of the commission shall be filled in the same manner as provided for in the original appointment of its members.
The commission shall organize as soon as practicable, but not later than the 30th day following the date P.L. , c. (C. ) (pending before the Legislature as this bill) is enacted. The commission shall elect a chairman and a vice-chairman from among the members of the commission and shall select and appoint a secretary who need not be a member of the commission.
The commission shall meet at the call of the chairman and may hold hearings at the times and in the places the chairman deems necessary. The commission may request and shall be entitled to receive from the Executive branch of State government, including all entities exercising executive branch authority, such assistance and information as the commission shall require to fulfill its purposes. The commission shall be entitled to call to its assistance and avail itself of the services of any officer, employee, or assistant of the Executive branch of State government, including all entities exercising executive branch authority, as the commission shall require to enable it to perform its duties and responsibilities and as may be available for its purposes.
The members of the commission shall serve without compensation, but public members appointed by the Governor, the President of the Senate, or by the Speaker of the General Assembly may be reimbursed for travel and other miscellaneous expenses incurred directly and exclusively in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for its purposes.
The commission shall dissolve upon the transmission of its final report made in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. The commission shall conduct a study and evaluation of the toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and, for those purposes, it shall be the duty and responsibility of the commission to:
a. identify the toll free telephone numbers that are maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and that are paid for, in whole or in part, from State funds appropriated or otherwise made available for such purposes;
b. determine the department, board, bureau, commission, agency, office, or other entity responsible for the maintenance and operation of each toll free telephone number that is identified by the commission;
c. determine the purpose for which each toll free telephone number that is identified by the commission is maintained and operated;
d. determine the frequency with which each toll free telephone number that is identified by the commission is used;
e. determine the State or federal law, rule, or regulation, if any, which mandates or otherwise authorizes the maintenance and operation of each toll free telephone number that is identified by the commission; and
f. determine the estimated cost to maintain and operate each toll free telephone number that is identified by the commission during the most recent 12-month period for which data are available.
4. The commission shall make recommendations regarding the consolidation of the toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and, for that purpose, it shall be the duty and responsibility of the commission to:
a. recommend the termination of any toll free telephone number that is identified by the commission in accordance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and that is found, by the commission, to be unused or no longer necessary for the purposes for which it was established;
b. recommend the consolidation of any toll free telephone number that is identified by the commission in accordance with section 3 of P.L. , c. (pending before the Legislature as this bill) and that is found, by the commission, to be duplicative or to be maintained and operated for identical or substantially similar purposes as another toll free telephone number maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education; and
c. recommend the transfer of any toll free telephone number that is identified by the commission in accordance with section 3 of P.L. , c. (pending before the Legislature as this bill) and that is found, by the commission, to be maintained and operated to facilitate the provision of information and referral services on health and human services or on issues related to emergency preparedness and disaster recovery to the authority established in accordance with section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the commission determines that the authority will have the capacity to maintain and operate the toll free telephone number and to provide any information and referral services associated with that toll free telephone number (1) with greater efficiency or greater cost effectiveness and (2) maintain compliance with any State or federal laws that regulate the maintenance and operation of the toll free telephone number or the provision of any associated information referral services.
5. The commission shall design and develop policies and procedures regarding the consolidation of the toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and, for that purpose, it shall be the duty and responsibility of the commission to:
a. design and develop policies and procedures that may be used by the State Treasurer to effectuate the termination, consolidation, and transfer of any toll free telephone number, and any associated information and referral services, recommended to be terminated, consolidated, or transferred by the commission in accordance with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
b. design and develop policies and procedures that may be used by the State Treasurer to establish guidelines and adopt standards regarding best practices in the maintenance and operation of toll free telephone numbers and in the procurement of telecommunications services necessary for the maintenance and operation of toll free telephone numbers that shall be utilized by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education for the establishment of any additional toll free telephone number or for the procurement of any additional telecommunication services, provided in connection with an existing toll free telephone number, that is paid for, in whole or in part, from State funds appropriated or otherwise made available for such purposes; and
c. design and develop policies and procedures that may be used by the State Treasurer to conduct a public awareness campaign to inform State residents of the changes to the toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education as a result of P.L. , c. (pending before the Legislature as this bill).
6. The commission shall make a final report regarding the fulfillment of the several purposes for which it is established.
The final report shall, at a minimum, detail any toll free telephone number identified and any determinations made in accordance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); specify any recommendations made in accordance with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and enumerate any policies and procedures designed and developed in accordance with section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The final report shall be transmitted to the Governor, the State Treasurer, and the Legislature, in accordance with section 2 of P.L.1991, c.164 (C.52:14-19.1), on or before the first day of the sixth month next following the date P.L. , c. (C. ) (pending before the Legislature as this bill) is enacted.
7. The State Treasurer shall, on or before the 30th day following the date the final report transmitted by the commission in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) is received, terminate or cause to be terminated any toll free telephone number that is recommended to be terminated by the commission in accordance with subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The State Treasurer shall, on or before the 90th day following the date the final report transmitted by the commission in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) is received, consolidate or cause to be consolidated any toll free telephone number that is recommended to be consolidated by the commission in accordance with subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The State Treasurer shall, on or before the 180th day following the date the final report transmitted by the commission in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) is received, transfer or cause to be transferred any toll free telephone number, and any associated information and referral services provided in connection with a toll free telephone number, that is recommended to be transferred by the commission in accordance with subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. The State Treasurer shall establish guidelines and adopt standards, or cause to be established and adopted guidelines and standards, regarding best practices in the maintenance and operation of toll free telephone numbers and in the procurement of telecommunications services necessary for the maintenance and operation of toll free telephone numbers that shall be utilized by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education for the establishment of any additional toll free telephone number or for the procurement of any additional telecommunication services, provided in connection with any existing toll free telephone number, that is paid for, in whole or in part, from State funds appropriated or otherwise made available for such purposes on or after the 180th day following the date the final report transmitted by the commission in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) is received.
The guidelines and standards established and adopted, or caused to be established and adopted, by the State Treasurer may incorporate any policies and procedures designed and developed by the commission in accordance with subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), but shall specify that the authority established in accordance with section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill) will be the provider of first choice with respect to any toll free telephone number that is maintained and operated to facilitate the provision of information referral services on health and human services and on issues related to emergency preparedness and disaster recovery.
Any guidelines or standards established and adopted, or caused to be established and adopted, by the State Treasurer shall be made available to the public on the Department of the Treasury's Internet website.
9. The State Treasurer shall, on or before the 180th day following the date the final report transmitted by the commission in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) is received, conduct, or cause to be conducted, a public awareness campaign to inform State residents of the changes to the toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education as a result of P.L. , c. (C. ) (pending before the Legislature as this bill).
The public awareness campaign conducted, or caused to be conducted, by the State Treasurer may incorporate any policies and procedures designed and developed by the commission in accordance with subsection c. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), but shall, at a minimum, notify State residents that the authority established in accordance with section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill) will be the lead entity responsible for the maintenance and operation of a unified toll free telecommunications network with the capacity to provide comprehensive information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services.
The public awareness campaign conducted, or caused to be conducted, by the State Treasurer shall utilize print and broadcast media, but may utilize the Internet and any other form of communication available to the State Treasurer for purposes of conducting the campaign.
The public awareness campaign shall be conducted, or caused to be conducted, by the State Treasurer from any cost savings achieved or anticipated to be achieved by the State Treasurer as a result of the termination, consolidation, and transfer of any toll free telephone numbers, and any information and referral services provided in connection with a toll free telephone number, that is required to be terminated, consolidated, or transferred in accordance with section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and from any other resources made available to the State Treasurer for purposes of conducting the campaign.
10. a. In addition to the requirements of section 11 of article 3 of P.L.1944, c.112 (C.52:27B-20), section 1 of P.L.2009, c.189 (C.52:27B-20a), and any other provision of law, the Governor's budget message transmitted annually to the Legislature shall include a report regarding the expenditure of State funds for the maintenance and operation of toll free telephone numbers and for the procurement of telecommunication services necessary for the maintenance and operation of toll free telephone numbers by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education.
b. The report shall, at a minimum:
(1) identify the toll free telephone numbers that are maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and that are paid for, in whole or in part, from State funds appropriated or otherwise made available for such purposes;
(2) determine the department, board, bureau, commission, agency, office, or other entity responsible for the maintenance and operation of each toll free telephone number that is identified;
(3) determine the purpose for which each toll free telephone number that is identified is maintained and operated;
(4) determine the frequency with which each toll free telephone number that is identified is used; and
(5) determine the estimated cost to maintain and operate each toll free telephone number that is identified during the last completed fiscal year, the current fiscal year, and the fiscal year to which the budget message applies.
c. The State Treasurer shall advise and assist the Governor in the preparation of the report.
11. There is established in the Executive branch of State government the New Jersey 2-1-1 Authority. For purposes of complying with Article V, Section IV, paragraph 1 of the Constitution of the State of New Jersey, the authority is allocated within the Department of the Treasury; provided, however, that the authority shall be independent of any supervision or control by the department or by any board or officer of the department, notwithstanding the authority's allocation. The authority shall constitute an instrumentality of the State exercising public and essential government functions, and the exercise by the authority of the powers expressly given and granted to the authority in accordance with sections 11 through 21 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed and be held to be an essential government function of the State.
The purpose of the authority shall be to design and develop, maintain and operate a unified toll free telecommunications network with the capacity to provide comprehensive information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services.
The authority shall be governed by a board which shall consist of the following members: the State Treasurer, who shall serve ex officio; the Chief Technology Officer of the Office of Information Technology in the Department of the Treasury, who shall serve ex officio; the President of the Board of Public Utilities, who shall serve ex officio; two public members appointed by the Governor; two public members appointed by the President of the Senate; and two public members appointed by the Speaker of the General Assembly.
Ex officio members of the board may designate an officer or employee of the member's department, office, or board, as the case may be, to represent the member at a meeting of the board. Each designee of an ex officio member may vote and take action on behalf of the member for whom the person constitutes a designee. Any such designation shall be provided in writing delivered to the board and shall continue in effect until revoked or amended by writing delivered to the board.
Public members appointed to the board by the Governor, the President of the Senate, or the Speaker of the General Assembly shall serve for a term of four years, except that: of the appointments first made to the board by the Governor, one of the appointees shall serve for a term of two years; of the appointments first made to the board by the President of the Senate, one of the appointees shall serve for a term of two years; and, of the appointments first made to the board by the Speaker of the General Assembly, one of the appointees shall serve for a term of two years.
Public members appointed by the Governor, the President of the Senate, or the Speaker of the General Assembly shall not be a candidate for or hold elective public office at the time of appointment to, or while serving as a member of, the board. Public members appointed by the Governor, the President of the Senate, or by the Speaker of the General Assembly may be removed from the board by the appointing authority, for cause, upon notice and opportunity to be heard.
The term of public members appointed to the board by the Governor, the President of the Senate, and the Speaker of the General Assembly shall be deemed to commence on July 1 of the calendar year of the appointment and shall expire on June 30 of the second or fourth calendar year thereafter, as the case may be for the first or subsequent appointments, but public members shall continue to serve during a succeeding term until the appointment and qualification of a successor. Vacancies in the membership of the board shall be filled in the same manner as provided for in the original appointment of its members, but only for the balance of the unexpired term. Public members appointed to the board by the Governor, the President of the Senate, and the Speaker of the General Assembly shall be eligible for reappointment to successive terms.
The members of the board shall serve without compensation, but public members appointed by the Governor, the President of the Senate, or by the Speaker of the General Assembly may be reimbursed for travel and other miscellaneous expenses incurred directly and exclusively in the performance of their duties, within the limits of funds appropriated or otherwise made available to the board for its purposes.
The board shall organize annually in July of each year by the election of a chairman, a vice-chairman, and such other officers as the board shall deem necessary for its purposes, and shall select and appoint a secretary who need not be a member of the board. Officers elected by the board shall serve until the following July meeting and until their successors are elected and qualified. Vacancies in such elected offices shall be filled in the same manner as provided for in the original election of officers, but only for the balance of the unexpired term.
The chairman shall preside over meetings of the board and shall be responsible for the scheduling and for the convening of its meetings. In the absence of the chairman, the vice-chairman shall preside. The board meetings shall be subject to the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
The powers of the authority shall be vested in the members of the board thereof, and five members of the board shall constitute a quorum. Actions may be taken and motions and resolutions may be adopted by the board at any meeting of the board by the affirmative vote of at least five members. A vacancy in the membership of the board shall not impair the right of a quorum to exercise the rights and perform the duties of the board.
A copy of the minutes of each board meeting shall be delivered forthwith, by and under the certification of the secretary of the board, to the Governor. Any action taken and any motions and resolutions adopted by the board at a meeting of the board shall not have force or effect until 10 days, Saturdays, Sundays, and State holidays excepted, after the date the copy of the minutes shall have been so delivered, unless during such 10-day period the Governor shall approve the same in which case the action, motion, or resolution shall become effective upon such approval. If, in that 10-day period, the Governor returns a copy of the minutes with veto of any action taken or any motions or resolutions adopted by the board or any member thereof at the meeting, the action, motion, or resolution so vetoed shall be null and void and of no effect.
12. The board shall appoint and employ an executive director who shall serve as chief executive officer of the authority. The executive director shall be a person qualified by education, training, and prior work experience to direct the work of the authority and to perform the duties and functions and fulfill the responsibilities of the position. The executive director shall receive such compensation as shall be fixed by the board, within the limits of funds appropriated or otherwise made available to the authority for its purposes. The executive director shall devote full time to the duties and responsibilities of the position and shall, unless and until removed by the Governor, hold the position at the will of the board. The executive director may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.
13. The executive director shall, subject to the approval of the board, appoint, employ, promote, and remove such assistants and employees as the board deems necessary for the efficient and effective administration of the authority. The assistants and employees of the authority shall be appointed solely on the grounds of the capacity to perform any duties and functions prescribed by the executive director, and shall serve in the unclassified service of the Civil Service. The assistants and employees of the authority shall receive such compensation as shall be fixed by the board, within the limits of funds appropriated or otherwise made available to the authority for its purposes.
The executive director of the authority may, subject to the prior written approval of the board, obtain the services of certified public accountants, management consultants, and other professionals the executive director deems necessary for the administration of the authority, within the limits of funds appropriated or otherwise made available to the authority for its purposes.
14. The authority shall have the following powers:
a. To adopt bylaws for the regulation of its affairs and the conduct of its business;
b. To adopt and have a seal and to alter the same at its pleasure;
c. To sue and be sued;
d. To maintain an office at such place or places within this State as it deems necessary for its purposes;
e. To call to its assistance and avail itself of the services of any officer, employee, or assistant of the Executive branch of State government, including all entities exercising executive branch authority, it shall require to enable it to perform its duties and responsibilities and as may be available to the authority for its purposes;
f. To provide, either directly or by contract or agreement with any private or public persons, information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services;
g. To design and develop, maintain and operate, either directly or by contract or agreement with any private or public persons, a telecommunications network, including any toll free telephone numbers, Internet databases, and three digit abbreviated dialing codes, allocated or assigned to it, with the capacity to facilitate the delivery of information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services;
h. To procure in the name of the authority, either directly or by contract or agreement with any private or public persons, any property or any service it deems necessary to provide information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services;
i. To procure in the name of the authority, either directly or by contract or agreement with any private or public persons, any property or any service it deems necessary to design and develop, maintain and operate a telecommunications network, including any toll free telephone numbers, Internet databases, and three digit abbreviated dialing codes, allocated or assigned to it, with the capacity to facilitate the delivery of information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services;
j. To enter into contracts or agreements with the State Treasurer for the maintenance and operation of any toll free telephone numbers, and for the provision of any information and referral services provided in conjunction with those toll free telephone numbers, transferred to the authority in accordance with section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), and, as part of any such contract or agreement, charge and collect a fee or an assessment for the maintenance and operation of those numbers and the provision of those services;
k. To enter into contracts or agreements with any officer, employee, or assistant of the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education for the maintenance and operation of any toll free telephone numbers, and for the provision of any information and referral services provided in conjunction with those toll free telephone numbers, that are required to be maintained and operated or required to be provided in accordance with any State or federal laws on or after the date P.L. , c. (C. ) (pending before the Legislature as this bill) is enacted, and, as part of any such contract or agreement, charge and collect a fee or an assessment for the maintenance and operation of those numbers and the provision of those services;
l. To apply for, accept, and expend any gift or grant or award or loan of funds or property or financial or other aid or assistance in any form from any federal agency or instrumentality, from the Executive branch of State government, including all entities exercising executive branch authority, or from any other public or private source and to comply with the terms or conditions necessary to apply for, accept, or expend such gift or grant or award or loan of funds or property or financial or other aid or assistance;
m. To make recommendations to the Governor and to the Legislature concerning the appropriation of State and federal funds at such times and in such amounts as the authority deems necessary to effectuate the purposes for which it was established and to exercise the powers expressly given and granted to the authority in accordance with sections 11 through 21 of P.L. , c. (C. ) (pending before the Legislature as this bill);
n. To collect and aggregate data and information provided by or obtained from persons who utilize the information and referral services provided by the authority or provided by any public or private person authorized to provide information and referral services on health and human services or on issues related to emergency preparedness and disaster recovery in accordance with the terms and conditions of a contract or agreement entered into or made with the authority;
o. To make available, without charge for access, any data and information collected or aggregated by the authority at the request of any officer, employee, or assistant of the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education;
p. To promote, either directly or by contract or agreement with any private or public persons, public awareness of the information and referral services provided to State residents and the means by which those services may be accessed;
q. To provide advisory assistance to the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and work in conjunction with any local, regional, or national groups or associations regarding the development of best practices in the provision of information and referral services and on issues concerning planning, budgeting or best practices seeking and obtaining funding necessary for the provision of information and referral services;
r. To apply for and to accept, from appropriate State or federal regulatory bodies, authority to maintain and operate any three digit abbreviated dialing codes which may be allocated or assigned to a person within this State for purposes of providing community information and referral services or for purposes of providing non-emergency police and other governmental services;
s. To procure in the name of the authority, either directly or by contract or agreement with any private or public persons, insurance against any losses or damages to or in connection with the property, operations, or assets of the authority in such amounts and subject to such terms and conditions as it deems necessary and appropriate for its purposes;
t. To deposit monies held by the authority in interest bearing accounts or in the State of New Jersey Cash Management Fund established in accordance with section 1 of P.L.1977, c.281 (C.52:18A-90.4); and
u. To do and perform any and all acts or things necessary or appropriate for the purposes of the authority, or to effectuate its purposes and exercise the powers expressly given and granted to the authority in accordance with sections 11 through 21 of P.L. , c. (C. ) (pending before the Legislature as this bill).
15. The authority shall make an annual report regarding the fulfillment of the several purposes for which it is established.
The annual report shall, at a minimum, detail the activities and accomplishments undertaken and achieved by the authority during the preceding fiscal year, specify the goals and objectives, and any plans or proposals to achieve or accomplish those goals and objectives, during the next ensuing and future fiscal years, and set forth a complete financial statement covering its operations during the preceding fiscal year.
The annual report shall be transmitted to the Governor, the State Treasurer, and the Legislature, in accordance with section 2 of P.L.1991, c.164 (C.52:14-19.1), on or before July 1 of each year.
16. The exercise of the powers granted in accordance with sections 11 through 21 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be in all respects for the benefit of the people of this State, and since the purposes for which the authority is established constitute the performance of essential government functions, the authority shall not be required to pay any taxes or assessments upon its income or operations or upon any property or services acquired or used in accordance with the provisions of sections 11 through 21 of P.L. , c. (C. ) (pending before the Legislature as this bill).
17. The members of the board, the executive director, and any assistants and employees appointed and employed or any certified public accountants, management consultants, and other professionals obtained by the executive director, while acting within the scope of his or her authority, shall not be subject to any personal liability resulting from exercising or carrying out any of the authority's purposes or its powers.
18. Expenses incurred by the authority in effectuating the provisions of sections 11 through 21 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be payable from monies made available to the authority, and a liability or obligation shall not be incurred by the authority beyond the extent to which moneys are available. A debt or liability of the authority shall not be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the State.
19. The authority shall cause an audit of its books and accounts to be made at least once in each year by a certified public accountant and cause a copy thereof to be transmitted to the Secretary of State, the Director of the Division of Budget and Accounting in the Department of the Treasury, and the State Auditor.
20. The authority may be dissolved by act of the Legislature provided that the authority does not have any outstanding debts or obligations or that provisions have been made for the payment or retirement of such debts and obligations. Upon the dissolution of the authority, any property, funds, and assets retained by the authority shall be vested in the State.
21. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Treasurer may adopt immediately upon filing with the Office of Administrative Law such rules and regulations as the State Treasurer deems necessary to implement the provisions of section 7 through section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), which regulations shall be effective for a period not to exceed 180 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and may thereafter be amended, adopted, or readopted by the State Treasurer in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
The authority may adopt, amend, and repeal such rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as it deems necessary to implement the provisions of section 11 through section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill).
22. This act shall take effect immediately; provided, however, that section 10 shall apply to budget messages transmitted to the Legislature on or after the 180th day following the date the commission's final report is transmitted in accordance with section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill provides for the review and consolidation of certain toll free telecommunications services maintained and operated by certain State and local entities and establishes an independent authority located in, but not of, the Department of the Treasury that is empowered to provide information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services.
With respect to the review of toll free telecommunications services, the bill provides for the establishment of a nine person commission to be known as the State Commission on the Consolidation of Toll Free Telecommunications Services. The bill provides that the commission will be allocated within the Department of the Treasury, and will consist of certain ex officio and certain public members appointed by the Governor and the presiding officers of each House of the Legislature.
The bill requires the commission to conduct a comprehensive study and evaluation of the existing toll free telecommunications services maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education, to make recommendations regarding the consolidation of toll free telecommunications services, and to design and develop policies and procedures that will, among other things, assist in effectuating the termination of certain toll free telephone numbers, the consolidation of certain toll free telephone numbers, and, under certain conditions, the transfer of certain other toll free telephone numbers maintained and operated to facilitate the provision of information and referral services on health and human services or on issues related to emergency preparedness and disaster recovery.
The bill requires the commission to make a final report regarding its review which details any toll free telephone numbers identified, specifies any recommendations concerning the consolidation of toll free telephone numbers, and enumerates any policies and procedures designed and developed by the commission. The bill requires the commission to transmit the final report within six months of the date the bill is enacted, and specifies that the commission will be dissolved upon transmission of its final report.
In terms of the consolidation of toll free telecommunications services, the bill requires the State Treasurer to effectuate the termination, consolidation, and transfer of any toll free telephone numbers recommended to be terminated, consolidated, or transferred by the commission.
The bill provides that within 30 days of receiving the commission's final report, the State Treasurer must terminate any toll free telephone numbers that are maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and that are determined, by the commission, to be unused or no longer necessary for the purposes for which they were established. The bill provides that within 90 days of receiving the report, the State Treasurer must consolidate any toll free telephone numbers that are maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and that are determined, by the commission, to be duplicative or to be maintained and operated for identical or substantially similar purposes as another toll free telephone number. The bill provides that within 180 days of receiving the report, the State Treasurer must transfer to the authority established by the bill any toll free telephone numbers that are maintained and operated by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education and that are determined to be maintained and operated to facilitate the provision of information and referral services on health and human services or on issues related to emergency preparedness and disaster recovery, provided the authority will have the capacity to maintain and operate those numbers and any associated information and referral services in a manner that is more efficient or cost effective than the current configuration and in a manner that maintains compliance with State and federal law.
The bill requires the State Treasurer to establish guidelines and adopt standards regarding best practices in the maintenance and operation of toll free telephone numbers and in the procurement of telecommunications services necessary for the maintenance and operation of toll free telephone numbers that will be utilized by the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education. The bill requires the State Treasurer to conduct a public awareness campaign to inform State residents of the changes to the toll free telecommunications services, and requires the State Treasurer to assist the Governor in making an annual report regarding the maintenance and operation of toll free telephone numbers and the procurement of certain telecommunication services.
In regard to the establishment of an authority, the bill provides for the establishment of the New Jersey 2-1-1 Authority as an independent authority allocated in, but not of, the Department of the Treasury. The bill provides that the authority will be governed by a nine person board that will consist of certain ex officio and certain public members appointed by the Governor and the presiding officers of each House of the Legislature. The bill permits the board to hire an executive director who will serve as chief executive officer, and authorizes the executive director to appoint, employ, promote, and remove such assistants and employees and to obtain the services of such professionals as may be necessary for the administration of the authority.
The bill specifies that the purpose of the authority is to design and develop, maintain and operate a unified toll free telecommunications network with the capacity to provide comprehensive information and referral services on health and human services and on issues related to emergency preparedness and disaster recovery to State residents in need of such services. The bill authorizes the authority to develop a telecommunications network to facilitate the delivery of those services, and to procure, either directly or by contract or agreement with any private or public persons, any property or any service it deems necessary to deliver the specified information and referral services, and any property or any service it deems necessary to design, develop, maintain and operate the telecommunications network necessary for the delivery of services.
The bill provides certain additional enumerated powers to the authority. The bill empowers the authority to adopt bylaws, to maintain offices in this State, to procure insurance, and to enter into contracts or agreements with the State Treasurer and any other officers, employees, or assistants of the Executive branch of State government, including all entities exercising executive branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education for the maintenance and operation of any toll free telephone numbers and for the provision of any information and referral services and, as part of any such contracts or agreements, the ability to charge and collect fees or assessments. The bill empowers the authority to provide advisory assistance and work in conjunction with local, regional, or national groups or associations, to promote public awareness of the information and referral services it provides, to make recommendations for appropriations of State and federal funds, to seek and obtain funds from public and private sources, to collect and aggregate data and information obtained from persons who utilize services provided by the authority, and to make data and information collected and aggregated by the authority available under certain circumstances.
The bill requires the authority to make and transmit an annual report on or before July 1 of each year. The bill exempts the authority from the payment of any taxes or assessments upon its income or operations or upon any property or services acquired or used. The bill extends certain personal liability protections to members of the board governing the authority, its executive director, and any assistants and employees appointed and employed or any certified public accountants, management consultants, and other professionals obtained by the executive director. The bill requires expenses incurred by the authority to be payable from monies made available to the authority. The bill requires the authority to cause an audit of its books and accounts to be made at least once in each year by a certified public accountant.
The bill provides that the authority may be dissolved by act of the Legislature provided the authority does not have any debts or obligations and adequate provisions have been made for the payment or retirement of any outstanding debts and obligations.
