New Jersey Statutes 40A:65-3. Definitions relative to shared services and consolidation
Terms Used In New Jersey Statutes 40A:65-3
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- director: means the Director of the Division of Local Government Services in the Department of Community Affairs. See New Jersey Statutes 40A:1-1
- Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
- local finance board: means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs. See New Jersey Statutes 40A:1-1
- local unit: means a county or municipality. See New Jersey Statutes 40A:1-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
“Board” means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.
“Construct” and “construction” connote and include acts of construction, reconstruction, replacement, extension, improvement and betterment of lands, public improvements, works, facilities, services or undertakings.
“Contracting local units” means local units participating in a joint meeting or regional service agency.
“Director” means the Director of the Division of Local Government Services in the Department of Community Affairs.
“Division” means the Division of Local Government Services in the Department of Community Affairs.
“Governing body” means the board, commission, council, or other body having the control of the finances of a local unit; and in those local units in which an executive officer is authorized by law to participate in such control through powers of recommendation, approval, or veto, the term includes that executive officer, to the extent of the officer’s statutory participation.
“Joint contract” means: (1) an agreement between two or more local units to form a joint meeting, entered into before the date of enactment of P.L.2019, c.433 (C. 40A:65-3.1 et al.); or (2) an agreement between two or more local units to form a regional service agency, entered into on or after the date of enactment of P.L.2019, c.433 (C. 40A:65-3.1 et al.).
“Joint meeting” means the joint operation of any public services, public improvements, works, facilities, or other undertaking by contracting local units pursuant to a joint contract under section 14 of P.L.2007, c.63 (C. 40A:65-14), entered into before the date of enactment of P.L.2019, c.433 (C. 40A:65-3.1 et al.).
“Local unit” means a “contracting unit” pursuant to section 2 of P.L.1971, c.198 (C. 40A:11-2), a “district” pursuant to N.J.S.18A:18A-2, a “county college” pursuant to N.J.S.18A:64A-1, a joint meeting or regional service agency, as defined in this section, or any authority or special district that is subject to the “Local Authorities Fiscal Control Law,” P.L.1983, c.313 (C. 40A:5A-1 et seq.).
“Operate” and “operation” mean and include acquisition, construction, maintenance, management, and administration of any lands, public improvements, works, facilities, services, or undertakings.
“Person” means any person, association, corporation, nation, State, or any agency or subdivision thereof, or a county or municipality of the State.
“Regional service agency” means the joint operation of any public services, public improvements, works, facilities, or other undertaking by contracting local units pursuant to a joint contract under section 14 of P.L.2007, c.63 (C. 40A:65-14), entered into on or after the date of enactment of P.L.2019, c.433 (C. 40A:65-3.1 et al.).
“Service” means any of the powers, duties and functions exercised or performed by a local unit by or pursuant to law.
“Shared service” or “shared” means any service provided on a regional, joint, interlocal, shared, or similar basis between local units, the provisions of which are memorialized by agreement between the participating local units, but, for the purposes of this act, does not include any specific service or activity regulated by some other law, rule or regulation.
“Shared service agreement” or “agreement” means a contract authorized under section 4 of P.L.2007, c.63 (C. 40A:65-4).
“Terminal leave benefit” means a single, lump sum payment, paid at termination, calculated using the regular base salary at the time of termination.
L.2007, c.63, s.3; amended 2019, c.433, s.3.