New Jersey § 40a:5-16
Full text of New Jersey New Jersey Statutes § 40a:5-16, with citation guidance and answers to common questions.
§ 40a:5-16.
The governing body of any local unit shall not pay out any of its moneys : a. unless the person claiming or receiving payment first presents a detailed bill of items or demand, specifying particularly how the bill or demand
is made up, with the certification of the party claiming payment that the bill or demand is correct. The governing body may, by resolution, require an affidavit in lieu of the certification, and the clerk or disbursing officer of the local unit may take the affidavit without cost ; and b. unless the payment carries a written or electronic certification of some officer or duly designated
employee of the local unit having knowledge of the facts that the goods have been
received by, or the services rendered to, the local unit. c. Notwithstanding the provisions of subsection a. of this section, upon adoption
by the Local Finance Board of rules adopted pursuant to the “Administrative Procedure
Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) that provide for procedures to be followed by local units and under those circumstances
deemed appropriate by the Local Finance Board , a local unit shall be permitted to pay out its moneys without requiring a certification
of the party claiming payment as otherwise required by subsection a. of this section. Those circumstances may include, but shall not be limited to: (1) when payment to vendors is required in advance of the delivery of certain materials
or services that cannot be obtained from any other source at comparable prices; (2) when ordering, billing , and payment transactions for goods or services are made through a computerized electronic
transaction; or (3) when the claim or demand is less than a threshold set by the Local Finance Board and the certification is not readily obtainable by the contracting unit; but the exceptions shall not include reimbursement of employee expenses or payment for personal
services. d. The provisions of subsection a. of this section shall not apply to payments made
by a governing body of a local unit for the provision of: (1) telecommunications or basic cable service provided by a telecommunications or
cable television company under the jurisdiction of the Board of Public Utilities; (2) electric, gas, water, or sewer utility service provided by a public utility, as
that term is defined pursuant to R.S.48:2-13 , that is regulated by the Board of Public Utilities pursuant to Title 48 of the Revised
Statutes; or (3) a service that is provided under a contract between a public utility, as that
term is defined pursuant to R.S.48:2-13 , and a governing body that is approved by the Board of Public Utilities under which
rates for service are controlled by the terms of the contract.
Frequently Asked Questions About New Jersey § 40a:5-16
What does New Jersey Statutes § 40a:5-16 cover?
Section 40a:5-16 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 40a:5-16?
A common citation format is "New Jersey Statutes § 40a:5-16" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 40a:5-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.