Bill Text: NJ A4767 | 2022-2023 | Regular Session | Introduced
Bill Title: Exempts members of State Board of Agriculture and county boards of agriculture from personal liability and allows such boards to hire outside counsel and consultants.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2022-11-03 - Received in the Senate, Referred to Senate Economic Growth Committee [A4767 Detail]
Download: New_Jersey-2022-A4767-Introduced.html
Sponsored by:
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Exempts members of State Board of Agriculture and county boards of agriculture from personal liability and allows such boards to hire outside counsel and consultants.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the State Board of Agriculture and county agriculture development boards, amending R.S.4:1-4, supplementing Title 4 of the Revised Statues, and amending P.L.1983, c.32.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:1-4 is amended to read as follows:
4:1-4. The State Board of Agriculture, hereinafter in this chapter referred to as the "board," shall consist of eight citizens of this State. Two members shall be chosen each year for terms of four years beginning on July first following their selection and appointment and until their successors are appointed and qualified.
Among the membership of the board there shall be at all times at least one member representing each of the four leading agricultural commodities produced within the State. Only those engaged in the production of farm crops or livestock products in New Jersey shall be eligible for appointment to membership on the board.
The members shall serve without compensation but they shall be reimbursed for their actual expenses incurred in attending the meetings of the board and in the performance of their other duties.
The members of the board shall not be liable in an action for damages to any person for any action taken or recommendation made within the scope of their duties as a member, if the action or recommendation was taken or made without malice. The members of the board shall be indemnified and their defense of any action provided for in the same manner and to the same extent as public employees under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., with respect to actions or omissions in the scope of their employment.
(cf: P.L.1944, c.202, s.1)
2. (New section) In conducting its duties and responsibilities, the State Board of Agriculture may request assistance from private counsel or an outside consultant, selected in accordance with applicable State law, in order to conduct any duties and responsibilities of the board that are of a nature beyond the scope of the expertise of the members of the board or employees of the Department of Agriculture normally utilized by the board.
3. Section 7 of P.L.1983, c.32 (C.4:1C-14) is amended to read as follows:
7. a. The governing body of any county may, by resolution duly adopted, establish a public body under the name and style of ["The County] the "County Agriculture Development Board," with all or any significant part of the name of the county inserted. Every board shall consist of three non-voting members as follows: a representative of the county planning board; a representative of the local soil conservation district; and the county agent of the New Jersey Cooperative Extension Service whose jurisdiction encompasses the boundaries of the county; and seven voting members who shall be residents of the county, four of whom shall be actively engaged in farming, the majority of whom shall own a portion of the land they farm, and three of whom shall represent the general public, appointed by the board of [chosen freeholders] county commissioners , or, in the counties operating under the county executive plan or county supervisor plan pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), by the county executive, or the county supervisor, as the case may be, with the advice and consent of the board of [chosen freeholders] county commissioners . With respect to the members actively engaged in farming, the county board of agriculture shall recommend to the board of [chosen freeholders] county commissioners , the county executive or the county supervisor, as appropriate, a list of potential candidates and their alternates to be considered for each appointment.
b. Of the seven members first to be appointed, three shall be appointed for terms of two years, two for terms of three years, and two for terms of four years. Thereafter, all appointments shall be made for terms of four years. Each of these members shall hold office for the term of the appointment and until a successor shall have been appointed and qualified. Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
c. The board of [chosen freeholders] county commissioners , county executive or county supervisor, as appropriate, may appoint such other advisory members to the board as they may deem appropriate.
d. Members of the board shall receive no compensation but the appointive members may, subject to the limits of funds appropriated or otherwise made available for these purposes, be reimbursed for expenses actually incurred in attending meetings of the board and in performance of their duties as members thereof.
e. The board shall meet as soon as may be practicable following the appointment of its members and shall elect a chairman from among its members and establish procedures for the conduct of regular and special meetings, provided that all meetings are conducted in accordance with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). The chairman shall serve for a term of one year and may be reelected.
f. The chairman shall appoint three members actively engaged in farming to serve with the representatives of the general public for the purpose of mediating disputes pursuant to the provisions of section 19 of [this act] P.L.1983, c.32 (C.4:1C-26) .
g. Notwithstanding the provisions of subsections a. and b. of this section, any public body established by the governing body of any county prior to May 3, 1982 which was established to carry out functions substantially similar to the functions of boards pursuant to [this act] P.L.1983, c.32 (C.4:1C-11 et seq.) and which proposes to apply for grants pursuant hereto may carry out the functions authorized herein, provided that within five years following the effective date of [this act] P.L.1983, c.32 (C.4:1C-11 et seq.) those boards established prior to May 3, 1982 shall reorganize so that the board reflects no more than a simple majority of members actively engaged in farming or equal representation of the general public and those actively engaged in farming.
h. Members of a board shall not be liable in an action for damages to any person for any action taken or recommendation made within the scope of their duties as a member, if the action or recommendation was taken or made without malice. The members of the board shall be indemnified and their defense of any action provided for in the same manner and to the same extent as public employees under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., with respect to actions or omissions in the scope of their employment.
(cf: P.L.1993, c.19, s.1)
4. Section 9 of P.L.1983, c.32 (C.4:1C-16) is amended to read as follows:
9. Every board may:
a. [Develop] develop an educational and informational program concerning farmland preservation techniques and recommended agricultural management practices to advise and assist municipalities, farmers and the general public with respect to the implementation of these techniques;
b. [Provide] provide assistance to farm operators concerning permit applications and information regarding the regulatory practices of State government agencies; and
c. request assistance from private counsel or an outside consultant, selected in accordance with applicable State law, in order to conduct any duties and responsibilities of the board that are of a nature beyond the scope of the expertise of the members of the board .
(cf: P.L.1983, c.32, s.9)
5. This act shall take
effect on the first day of the third month next following the date of
enactment.
STATEMENT
This bill would exempts members of the State Board of Agriculture and county agriculture development boards (CADBs) from personal liability and also allow these boards to hire private counsel or outside consultants.
Specifically, this bill would provide that members of the State Board of Agriculture or a CADB would not be liable in an action for damages to any person for any action taken or recommendation made within the scope of their duties as a member, if the action or recommendation was taken or made without malice. The members of these boards would be indemnified and their defense of any action would be provided for in the same manner and to the same extent as public employees under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., with respect to actions or omissions in the scope of their employment.
In addition, the bill provides that the State Board of Agriculture and CADBs may request assistance from private counsel or outside consultants, selected in accordance with applicable State law, in order to conduct any duties and responsibilities of the board that are of a nature beyond the scope of the expertise of the members of the respective board.
