Prescription Medications for Inmates
NJAC and the New Jersey County Jail Wardens Association (NJCJWA) would like to than Senator Peter Barnes (D- 18) for addressing our main concerns with Senate, No. 384, which would have required correctional facilities to provide inmates with prescription medication that was prescribed for chronic conditions existing prior to incarceration.
On January 28th, the Senate Law and Public Safety Committee amended the legislation to authorize county correctional facilities to administer generic prescription drugs “to the extent possible” as is the current practice. Although difficult to quantify, the amendment retains an effective cost containment strategy used by correctional facilities throughout the State. The Committee also amended the measure to provide correctional facilities with the continued discretion to administer synthetic opioids such as Methadone, Suboxone, and Buprenorphine as drug addiction detoxifiers as follows: “the requirement to administer medication pursuant to this section shall not apply to synthetic opioid drug addiction detoxifiers, unless the facility employees a medical professional who is trained to administer this type of medication.”
Most county Most county correctional facilities do not recognize prescriptions for synthetic opioids as drug addiction detoxifiers unless the prisoner is an expectant mother or the prescription is otherwise medically necessary to keep a prisoner alive. Please note that in order to prescribe and dispense Methadone, a facility must apply for State and federal licensure and a physician must have appropriate training, certification, and experience. In order to prescribe Suboxone, a physician must complete training, register, and receive a special license from the federal Drug Enforcement Agency (DEA). Additionally, treatment with Suboxone is expensive and should include comprehensive drug and psychosocial counseling and monitoring. S-384 is currently on Second Reading in the Senate, but a companion version in the General Assembly has not been introduced as of this writing.
CAP on County Entity Budgets
On January 19th, Governor Christie signed into law as P.L. 2015, C.249 Senate, No. 3168 (Sweeney D-3, O’Toole R-40, Burzichelli D-3), which imposes a 2.0% limit on the annual increases in the portion of the county budget that is paid for by the county property tax levy on county boards of taxation, county boards of elections, registers of deeds and mortgages, county clerks, county sheriffs, and county prosecutors.
In summary, the new law requires that in the preparation of the portion of the budget request to be raised by property taxation, these county entities must limit any increase in that portion of its budget request to 2.0% of the previous year’s budget request. A budget request submitted to a county governing body by a county entity must be broken down into two parts: the amount to be raised by property taxation and the amount to be funded by federal or State funds, fees raised by the county entity, or other sources. In addition, since the county prosecutor may request additional funding from property tax dollars through the county assignment judge of the Superior Court, the law amends N.J.S.A. 2A:158-7 to require the assignment judge to take the county’s property tax levy cap into consideration when authorizing requests for funding.
The new law also provides certain exceptions to the limits on increases in the annual budget for certain election expenses incurred by superintendents of elections, county clerks, and boards of elections. These exceptions are for the administration, preparation, and implementation of election costs including: all vendor related contract services; voting machine maintenance, repairs, parts and equipment, certification, and technical coding; transportation of voting machines and election supplies; overtime for all staff related to election duty; food services during elections; poll workers, machine technicians, and other temporary workers; supplies; office equipment; printing; postage; and certain advertisement costs. However, these exceptions do not include staff salaries of the superintendents of elections, county clerks, and boards of elections.
The law requires the Director of the Division of Local Government Services in the Department of Community Affairs to promulgate rules and regulations necessary to effectuate the provisions of this Act and applies to the county budget year commencing on January 1, 2017. NJAC supported this measure as it will allow boards of chosen freeholders to more effectively manage the budget of independent autonomous State and county entities that specific statutory functions and duties, but are funded entirely or in part through property taxpayer dollars and not previously restricted by the 2.0% property tax cap levy.
Long Term Property Tax Abatements
On January 19th, Governor Christie also signed into law as P.L. 2015 C.247 Senate, No. 3019 (Sweeney D-3, Stack D-33, Burzichelli D-3, Muoio D-15), which requires the filing of financial agreements for long term tax exemptions with county finance officers and county counsels, and requires quarterly payments to counties for their share of payments in lieu of taxes (PILOT). This new law requires municipalities to notify counties of financial agreements for long term property tax abatements awarded to redevelopment entities under the “Long Term Tax Exemption Law.”
These financial agreements are executed between a municipality and a redevelopment entity to promote economic growth and development under a designated redevelopment plan, and may include PILOT monies. Although prior law required municipalities to pay counties 5% of the negotiated PILOT amount, the law did not require municipalities to notify counties of such agreements. Consequently, counties were unaware of most PILOT initiatives and often resorted to filing Open Public Records Act (OPRA) requests, relying on municipal audits and newspaper articles, or reviewing municipal budgets to obtain this critical information. This Act takes effect immediately. NJAC supported the measure because it will fairly and equitably allocate valuable taxpayer dollars as county governments continue to play a greater role in shared services and providing traditional municipal functions.
County Administrative Code
On January 19th, Governor Christie signed into law as P.L. 2015, C.247 Senate, No. 3170 (Pou D-35, Bateman R-16, Burzichelli D-3), which requires the county superintendent of elections to operate pursuant to the county’s administrative code. The new law also requires that the governing body of the county review and approve the amount of salary that the superintendent of elections determines shall be paid to each person appointed in all counties. The new law takes effect immediately.
NJAC supported this measure as it would promote uniform budgeting, accounting, purchasing, personnel, and data processing controls between governing bodies and the superintendents of elections. Additionally, such uniform controls would help counties mitigate potential legal expenses as governing bodies are generally responsible for assuming all litigation expenses incurred by superintendents of elections and all other independent autonomous county agencies and entities.
Additional Lame Duck Issues
On January 19th, Governor Christie signed following additional bills into law that passed both houses within the last 10 days of the 2014-15 legislative session.
- Senate, No. 3321(Smith D-17, Van Drew D-1, Spencer D-29, Rumana R-40), which authorizes DEP to require public access to waterfront and adjacent shoreline as condition of certain waterfront development approvals.
- Assembly, No. 3044 (Space R-24, DeAngelo D-14, Oroho R24, Van Drew D-1), which requires Commissioner of the Department of Labor to disseminate certain information to contractors who bid on or perform prevailing wage public work.
The Governor pocket vetoed the following measures on January 19th. A bill is considered pocket vetoed and does not become law if the Governor took no action by Noon of the seventh day following the close of the prior legislative session, which ended at Noon on January 12th.
- Senate, No. 221 (Allen R-8, Vitale D-19, Vainieri-Huttle D-37), which would prohibit the restraint of prisoners during and immediately after childbirth.
Senate, No. 316 (Gordon D-38, Eustace D-38), which would increase flexibility, clarity, and available tools of the optional municipal consolidation process.
- Senate, No. 2769 (Smith D-17, Bateman R-16, Andrzejczak D-1, McKeon D-27), which would implement the 2014 constitutional dedication of CBT revenues for certain environmental purposes; and, would revise State’s open space, farmland, and historic preservation programs.
- Senate, No. 2806 (Cunningham D31, Vitale D19, Muoio D-15, Spencer D-29), which would remove restrictions on convicted drug offenders from receiving general assistance benefits under Work First New Jersey program.
- Senate, No. 3299 (Sweeney D-3, Singer R-30, Burzichelli D-3, Rible R-30), which would maintain the property tax exemption for certain nonprofit hospitals with on-site for-profit medical providers; requires these hospitals to pay community service contributions to host municipalities. Assembly, No. 964 (Singleton D7, DeAngelo D-14, Whelan D-2, Madden D4), which would require certain bidders for prevailing wage public work to provide proof that the prevailing wage will be paid.
- Assembly, No. 2925 (Lagana D38, O’Scanlon R-13, Weinberg D-37, Oroho R-24), which would allow for the modernization for the form of disbursement for certain State government and local unit payments to individuals and business entities.
- Assembly, No. 4343 (Schaer D36, Prieto D32, Turner D-15), which would require county and municipal police departments to establish cultural diversity training course and plan.
- Assembly, No. 4576 (Johnson D-37, Wimberly D-35, Turner D-15), which would require the lowest possible price not exceeding certain cap for inmate telephone calls.
- Assembly, No. 4772 (Burzichelli D-3/Weinberg D-37), which would permit counties to impose one-percent hotel tax.
- Assembly, No. 4918 (Gusciora D-15, S. Kean R30, Sweeney D-3, Singer R-30), which would clarify that stadiums and arenas owned by local government entities are exempt from property taxation.
- Assembly, No. 763 (McKeon D27, Spencer D29, Bateman R-16, Greenstein D-14), which would revise the “Electronic Waste Management Act.”
NJAC Annual Celebration of County Government
NJAC conference registration, hosting opportunities, and the action packed schedule of events are now available online on our new website at www.njac.org. Don’t miss the opportunity to be a part of our 66th annual celebration of county government scheduled to take place from May 18th through May 20th at Caesar’s in Atlantic City. And, make sure to mark your calendars for NJAC’s next Board of Directors meeting at 9:30 a.m. on March 11th in Committee Room 4 of the State House Annex.
State House Trivia
Did you know that Groundhog Day was first adopted in the United States in 1887 after Clymer H. Freas, the editor of the local Punxsutawney Spirit, began promoting the Town’s groundhog as the official Ground Hog Day Meteorologists?
“You are not here merely to make a living. You are here in order to enable the world to live more amply, with greater vision, with finer spirit of hope and achievement. You are here to enrich the world, and you impoverish yourself if you forget the errand.” – Woodrow Wilson