Governor Takes Action on Legislation

Tags

Housing for Veterans, Local Unit Agreements, Lyft, Property Assessment, School Employees' Health Benefits Program, State Health Benefits Program, Uber, Urban Enterprise Zones

The Governor recently took action on various pieces of legislation, including the following:

• The Governor conditionally vetoed A-4189/S-2670, regarding Urban Enterprise Zones (UEZs).  This bill would have extended, for two years, UEZ authorization in municipalities where the program was scheduled to sunset at the end of 2016. (Those municipalities are Bridgeton, Camden, Newark, Plainfield and Trenton.)  The remaining zones do not expire for a number of years.   While this bill is a conditional veto, it is effectively a veto since the Governor struck the language that would have extended these 5 zones on a short term basis.    We do not expect the Legislature to act on the Governor’s recommendations.

The Governor also signed the following bills into law:

• PL. 2017, c. 16 requires that the annual notice of assessment on property to contain bolded notice of filing deadline for appeal.  This legislation took effect on February 10, 2017.

• PL. 2017, c.19 requires the Department of Community Affairs to establish rules and regulations to provide affordable housing preference to homeless veterans, disabled veterans and family members who are the primary caregiver to disabled veterans residing with them, in a municipal or county housing authority project.   All applicants for the housing preference will also be required to meet the income requirements for admission to the housing project.  Priority for the preference will be given to applicants as follows: (1) homeless veterans shall receive first priority; (2) disabled veterans shall receive second priority; and (3) family members who are the primary residential caregivers to disabled veterans residing with them shall receive third priority.  This legislation will take effect May 1, 2017.

• PL. 2017, c. 21 permits local units to enter into a shared service agreement with a federal military base for services that the local unit involved in the agreement is empowered to provide those services within its own jurisdiction.  Also the services must be permitted by 10 U.S.C. s.2679.  The law shall not be construed to impact existing Federal or State civil service laws and if there is a conflict regarding the content and duration of such agreements, federal law will control.  The League supported this legislation that took effect on February 10, 2017.

• PL. 2017, c. 26 which preempts municipal regulation of some taxi services such as Uber and Lyft.   This new law unnecessarily exempts ride for hire services from local regulation. We had asked the Governor to conditionally veto the bill, so as to delete Section 26.

• PL. 2017, c. 28 which requires health insurance carriers, and the State Health Benefits Program and the School Employees’ Health Benefits Program, to adhere to certain coverage requirements for treatment of substance use disorders.  The bill also places certain restrictions on the prescription of opioids, and requires certain notifications when prescribing Schedule II controlled dangerous substances used to treat chronic or acute pain.  The bill also requires certain health care professionals to receive training on topics related to prescription opioid drugs.

Contacts:

Michael Cerra, Assistant Executive Director, mcerra@njslom.org, 609-695-3481 x120;

Jon Moran, Senior Legislative Analyst, jmoran@njslom.org, 609-695-3481 x121;

Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609- 695-3481, x112.

Preemption or Public Awareness? Two Approaches to a New Public Safety Challenge

Tags

Lyft, Public Safety, Taxi, Uber

 

It appears that the Legislature might soon choose to make it much easier for certain high-tech innovators to do business anywhere in our Garden State. We hope that decision respects the concerns of all local officials in protecting the public’s interest.

The League of Municipalities opposes S-2179 and A-3695. These proposals would create a new class of taxis, exempt from local oversight. Instead, the legislation establishes State-level safety and insurance requirements for transportation network companies.  According to the bill, a transportation network company (Uber or Lyft, for example) is an individual or entity that uses a digital network or software application to connect a passenger to a transportation network company driver for the purpose of providing transportation to the passenger. Provisions in both bills exempt these entities and individuals from any local regulation.

Since 1917, in order to protect prospective passengers and the general public, and to preserve order, municipalities have been empowered by statute to license and regulate ride-for-hire businesses. Throughout that period, in order to protect the public, local governing bodies have been responsive to concerns raised by passengers, drivers, pedestrians, local merchants and other motorists. Local first responders have attended to accidents. Local law enforcement has responded to incidents. While no level of regulation is perfect, municipalities have clearly demonstrated their effectiveness in this area for close to 100 years.

The manner in which the service is dispatched and provided does not materially alter the responsibilities that local governments will bear. Nor will the manner of dispatch obviate the concerns of local elected officials in ensuring the public’s legitimate interests in public safety. Further, enactment of this bill could motivate traditional taxi and limousine businesses to, similarly, avoid local over-sight, by a change to their business models. That, in turn, could make it more difficult for older residents and for the economically disadvantaged to access transportation alternatives. On that basis, absent deletion of the preemption provisions, the League of Municipalities cannot support this legislation.

As an alternative, and on its own merits, the League supports S-2415.  This bill, which does not preempt local interests, looks to create a For-Hire Vehicle License Plate Task Force to design uniquely colored licenses plates, for display on for-hire vehicles. Under the bill, “for-hire vehicle” includes a taxi, limousine, and personal motor vehicle used to provide passenger transportation for which a fee is paid and is prearranged through a digital network.

The task force would be given six months to deliver findings and recommendations to the Governor and the Legislature. After appropriate action by State elected officials, the Motor Vehicle Commission (MVC) would issue special license plates to the owners of for-hire vehicles.  The MVC would also establish a public awareness campaign to inform the public about the uniquely colored license plates and to post signs with this information at each airport, motorbus, rail, light rail, and ferry terminal and station.

This bill would help the public and the police to identify all vehicles that are authorized to provide ride-for-hire services. It would also help local police better enforce safety requirements.

Please contact your State Legislators and communicate your concerns with S-2179 and A-3695, as currently drafted.   And, please ask that instead for their support for S-2415.

Contact:

Jon Moran, Sr. Legislative Analyst, jmoran@njslom.org, 609-695-3481, x121.