Bill Text: NJ A3726 | 2012-2013 | Regular Session | Introduced


Bill Title: Repeals anachronistic, superceded, or invalidated sections of statutory law.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-05-20 - Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [A3726 Detail]

Download: New_Jersey-2012-A3726-Introduced.html

ASSEMBLY, No. 3726

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JANUARY 28, 2013

 


 

Sponsored by:

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Repeals anachronistic, superceded, or invalidated sections of statutory law.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning anachronistic, superceded, or invalidated statutory provisions, and repealing various sections of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  The following sections are repealed:

     N.J.S.2A:82-20 through N.J.S.2A:82-22;

     R.S.4:21-11 through R.S.4:21-13;

     R.S.15:4-1 through R.S.15:4-4;

     R.S.26:4-10 and R.S.26:4-11;

     R.S.26:4-42 through R.S.26:4-45;

     R.S.26:4-50 through R.S.26:4-53;

     R.S.26:4-57;

     R.S.26:4-90 through R.S.26:4-92;

     R.S.30:8-5 and R.S.30:8-6;

     R.S.30:8-14;

     R.S.30:8-35 and R.S.30:8-36;

     R.S.30:9-28 and R.S.30:9-29;

     R.S.30:9-35 through R.S.30:9-38;

     Section 2 of P.L.1946, c.223 (C.30:9-38.1);

     R.S.30:9-39 through R.S.30:9-44;

     Sections 1 and 2 of P.L.1950, c.242 (C.30:9-44.1 and C.30:9-44.2);

     Section 2 of P.L.1953, c.148 (C.30:9-44.3);

     R.S.30:9-61 through R.S.30:9-81;

     R.S.30:9-85 and R.S.30:9-86;

     N.J.S.40A:9-60 through N.J.S.40A:9-62;

     R.S.48:18A-1 through R.S.48:18A-4; and

     Sections 1 through 17 of P.L.1948, c.188 (C.56:7-1 through C.56:7-17).

 

     2.    N.J.S.15A:16-1 is amended to read as follows:

     15A:16-1.  The following are saved from repeal:

     R.S.15:1-6 is saved from repeal.  This section deals with specially incorporated boards of trade;

     R.S.15:1-23 is saved from repeal.  This section preserves certain nonprofit corporations in existence prior to July 4, 1898;

     [R.S.15:4-1 to R.S.15:4-4 inclusive are saved from repeal.  These sections govern detective associations;]

     R.S.15:5-1 to R.S.15:5-7 inclusive are saved from repeal.  These sections provide for a procedure for owners to drain swamp and meadow grounds and  provide assessments for their drainage;

     "An act to enable the owners of tide swamps and marshes to improve the same, and the owners of meadows already banked in and held by different persons, to keep the same in good repair,"  passed November 29, 1788, together with all amendments and supplements thereto which were saved from repeal by R.S.15:5-8 is saved from repeal;

     P.L.1957, c.201 (C.15:5-8(58)) is saved from repeal.  This act supplements  "An act to enable the owners of tide swamps and marshes to improve  the same, and the owners of meadows already banked in and held by different  persons, to keep the same in good repair,"  passed November 29, 1788;

     P.L.1880, c. 163, entitled "An act for incorporation of companies for draining and improving meadows and lands overflowed by tide water," together with the supplements thereto, saved from repeal by R.S.15:5-9, is saved from repeal;

     "An act to enable two-thirds of the owners in value of any body or tract of salt marsh or meadow, within this State, using a common road to the fast land, to support the same," passed November 18, 1822 together with the supplement thereto, saved from repeal by R.S.15:5-10, is saved from repeal;

     P.L.1881, c. 146, entitled "An act to enable the owners of any island, or part thereof, to improve the same and to protect the same from damage by high  tides,"  saved from repeal by R.S.15:5-11, is saved from repeal;

     R.S.15:8-4 is saved from repeal.  This section provides for the appointment by a volunteer fire company of members to perform police duties, their qualifications, and their power to arrest offenders;

     R.S.15:8-5 is saved from repeal.  This section provides for the issuance of exempt certificates to volunteer firemen on establishment of a paid fire department;

     R.S.15:8-7 is saved from repeal.  This section provides for disposition of accumulated fire department funds on expiration of the charter of the volunteer fire department;

     R.S.15:11-7 and R.S.15:11-8 are saved from repeal.  These sections deal with land acquisition rights of certain nonprofit corporations created for educational purposes, including the power to acquire by condemnation;

     R.S.15:13-3 is saved from repeal.  This section deals with the taxability of patriotic societies;

     P.L.1969, c.291 (C.15:11-4.1) is saved from repeal.  This section deals with trustees of certain colleges and universities created by special charter and authorizes the appointment or election of additional members to the board of trustees;

     P.L.1975, c 26, ss. 1 to 10 (C.15:18-15 to C.15:18-24 inclusive) are saved from repeal.  These sections enacted the  "Uniform Management of Institutional Funds Act" ;

     P.L.1971, c. 337, ss. 1 to 6 (C.15:19-1 to C.15:19-6 inclusive) are saved from repeal.  These sections deal with private foundations and split interest trusts as defined by the Internal Revenue Code of 1954, as amended and supplemented.

(cf:  N.J.S.15A:16-1)

 

     3.    R.S.26:4-94 is amended to read as follows:

     R.S.26:4-94.  Any person who violates any of the provisions of this article [except sections 26:4-90 to 26:4-92] , or any notice served thereunder, shall be liable to a penalty of five dollars ($5.00) for the first offense, and not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each subsequent offense, to be recovered in a civil action brought by and in the name of the State Department or a local board.  Penalties hereunder shall be enforced and collected pursuant to sections 26:3-72, 26:3-77 and 26:3-78 of the Revised Statutes.

(cf:  P.L.1953, c.26, s.47)

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would repeal various provisions of the statutory law, which have been superceded or invalidated, or which are anachronistic in nature - i.e. belonging to an earlier time and irrelevant in the current legal, political, and social climate.

     In particular, the bill would repeal the provisions of law associated with the following topics and issues:

(1)         Records, rerecords, entries or abstracts of mortgages, and certified transcripts of these instruments as evidence;

(2)         Permitting a stallion to run at large;

(3)         Permitting a bull to run at large;

(4)         Rams trespassing or going at large during a specific period each year;

(5)         Pursuers of thieves may be appointed by private detective association;

(6)         Public drinking cups and infectious disease concerns;

(7)         Transportation of infected persons and items by common carriers;

(8)         Occupations forbidden to persons infected with venereal disease;

(9)         Permit to move persons with venereal disease from one jurisdiction to another;

(10)     Examination of presumed typhoid carriers and involuntary commitment of confirmed carriers;

(11)     Killing of an unmuzzled dog running at large;

(12)     Separation of debtors and criminals in prison;

(13)     Victualing of county prisoners;

(14)     Prisoners in workhouses - master to keep prisoners at labor and punish prisoners for misconduct and escape;

(15)     County hospitals for communicable diseases;

(16)     Municipal hospitals for communicable diseases;

(17)     Recovery of shipwrecked bodies, disposition of personal property from shipwreck victims, and maintenance of medical examiner's records pertaining to shipwrecks;

(18)     Turnpike or plank road companies - vacation of public rights in, and relief from public duties associated with, turnpike or plank road; and

(19)     The Unfair Cigarette Sales Act of 1948.

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