Bill Text: NJ S91 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits DHS from closing or changing purpose of State developmental center without passage of approving resolution by Legislature.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S91 Detail]
Download: New_Jersey-2010-S91-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Prohibits DHS from closing or changing purpose of State developmental center without passage of approving resolution by Legislature.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the closure or change of purpose of a State developmental center and amending P.L.1996, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1996, c.150 (C.30:1-7.4) is amended to read as follows:
2. a. Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing [facility] State psychiatric hospital, close or change the purpose of an existing State developmental center, or [to] privatize any services, functions or units of an existing facility, if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section.
b. Pursuant to subsection a. of this section, the commissioner shall conduct at least one public hearing which shall be held in the region in which the facility is located, or a central location designated by the commissioner if more than one facility is affected by the decision, to provide an opportunity for the public to submit testimony on the proposed closing or privatization. The hearing shall be conducted at least 45 days in advance of a [facility] closure of a State psychiatric hospital or closure or change of purpose of a State developmental center, or at least 30 days prior to the issuance of a Request for Proposal. For a [facility] psychiatric hospital closure or closure or change of purpose of a developmental center, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a [facility] psychiatric hospital or close or change the purpose of a developmental center by the commissioner, in accordance with subsection c. of this section. The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or [to] submit written testimony.
c. The Notice of Intent to
close a [facility] State psychiatric
hospital or close or change the purpose of a State developmental center
pursuant to subsection b. of this section shall be mailed, telephoned,
telegrammed or hand delivered to at least two newspapers for publication, at
least one of which shall be within the geographic boundaries of the county
where the facility is located. Failure to comply with the requirements of this
subsection shall not
invalidate or delay any facility closure or change of purpose, as applicable.
d. The commissioner shall prepare a report setting forth a fiscal impact analysis, policy rationale and summary of the testimony received at any hearing held pursuant to this section. This report shall be submitted to the chairmen of the Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a [facility] closure of a State psychiatric hospital or closure or change of purpose of a State developmental center.
e. The commissioner shall not proceed to implement a decision as described in subsection a. of this section concerning a State developmental center, unless the Senate and General Assembly have passed a resolution expressing approval of the decision at least 30 days prior to the scheduled date of the closure or change of purpose of a developmental center or the issuance of a Request for Proposal, as applicable.
(cf: P.L.1996,c.150,s.2)
2. This act shall take effect immediately.
STATEMENT
This bill amends the law governing the closure of State facilities by amending section 2 of P.L.1996, c.150 (C.30:1-7.4), to add a provision that, in the case of a decision to close or change the purpose of an existing State developmental center, the Commissioner of Human Services would be prohibited from implementing such a decision, unless the Senate and General Assembly have passed a resolution expressing approval of the decision. The bill specifies that the resolution would have to be approved at least 30 days prior to the scheduled date of closure or change of purpose of the developmental center, or the issuance of a Request for Proposal, as applicable.
