Bill Text: NJ S3236 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits governing body of certain municipalities having population of 20,000 or less to serve as local board of health.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-25 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3236 Detail]
Download: New_Jersey-2016-S3236-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Permits governing body of certain municipalities having population of 20,000 or less to serve as local board of health.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the composition of certain local boards of health and amending R.S.26:3-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.26:3-3 is amended to read as follows:
26:3-3. a. The local board in every municipality, other than a township, which is subject to the provisions of subdivision C of this article, or a municipality that invokes the provisions of subsection b. of this section, shall be composed of not less than five nor more than seven members, except that in a city of the first class the board shall consist of 10 members, and in a city having a population of over 80,000, but not of the first class, the board shall consist of not less than five nor more than 10 members.
Upon the consent of the prospective appointee, the governing body of a municipality may appoint a school nurse or the municipal physician to the local board, notwithstanding that the nurse or physician is not a resident of the municipality.
The local board may, by ordinance, provide for the appointment of two alternate members. Notwithstanding the provisions of any other law or charter heretofore adopted, the ordinance shall provide the method of appointment of the alternate members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2."
The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2, so that the term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
b. In the case of a municipality, other than a township, with a population of 20,000 or less, the local board may be composed of the members of the governing body of the municipality.
c. As used in this section, "governing body" means the body exercising general legislative power in the municipality, including any mayor selected by the governing body from among its own members.
(cf: P.L.2000, c.126, s.3)
2. R.S.26:3-5 is amended to read as follows:
26:3-5. The members of the local board in every municipality, other than a township which is subject to the provisions of subdivision C of this article, or a municipality that invokes the provisions of subsection b. of R.S.26:3-3, shall be appointed in such manner as the governing body may by ordinance provide, except that in a city of the first class all the members of the board shall be appointed by the mayor and confirmed by the board or body having charge of the finances in such city.
(cf: P.L.1953, c 349, s.2)
3. R.S.26:3-6 is amended to read as follows:
26:3-6. The members of the local board in every municipality, other than a township, which is subject to the provisions of subdivision C of this article, or a municipality that invokes the provisions of subsection b. of R.S.26:3-3, shall serve for such term as the governing body may by ordinance provide, but, except in a city having a population of over 80,000 but not of the first class, no term shall exceed 4 years, and in a city of the first class the term shall be 3 years. The terms shall be so arranged that the terms of not more than three members shall expire in any 1 year, except that in a city of the first class the terms of three members shall expire in 1 year, the terms of an additional three members in the next succeeding year, and the terms of the remaining members in the second succeeding year.
(cf: P.L.1981, c.462, s.29)
4. R.S.26:3-7 is amended to read as follows:
26:3-7. If any vacancy shall occur on the local board of any municipality, other than a township which is subject to the provisions of subdivision C of this article, or a municipality that invokes the provisions of subsection b. of R.S.26:3-3, it shall be filled in the same manner in which the original appointment was made, but for the unexpired portion of the term only.
(cf: P.L.1953, c.349, s.4)
5. This act shall take
effect immediately.
STATEMENT
This bill would permit the governing body of a municipality that is not a township, having a population of 20,000 or less, to serve as the municipal board of health.
Under current law, every municipality is required to have a board of health. The township committee members of municipalities that are townships and have a population of not more than 20,000 residents are permitted to serve as the municipal board of health. The sponsor believes this option should be available to municipalities that are not townships and have a population of 20,000 or less, because some municipalities, particularly smaller ones, are encountering difficulty finding volunteers to serve on local boards and commissions, including local boards of health. The sponsor believes that this flexibility will make it easier for municipalities to meet this statutory requirement.
