Bill Text: NJ S3291 | 2016-2017 | Regular Session | Introduced


Bill Title: Authorizes temporary members to fill certain vacancies on Fish and Game Council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-12 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3291 Detail]

Download: New_Jersey-2016-S3291-Introduced.html

SENATE, No. 3291

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 12, 2017

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Authorizes temporary members to fill certain vacancies on Fish and Game Council.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning membership of the Fish and Game Council and amending P.L.1948, c.448.

 

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

 

     1.    Section 26 of P.L.1948, c.448 (C.13:1B-24) is amended to read as follows:

     26.  There shall be within the Division of Fish [, Game] and Wildlife, a Fish and Game Council which shall consist of 11 members, each of whom shall be chosen with due regard to his knowledge of and interest in the conservation of fish and game.  Each member of the council shall be appointed by the Governor, with the advice and consent of the Senate.  Three of such members shall be farmers, recommended to the Governor for appointment to the council by the agricultural convention held pursuant to [the provisions of article 2 of chapter 1 of Title 4 of the Revised Statutes] R.S.4:1-5 ; six of such members shall be sportsmen, recommended to the Governor for appointment to the council by the New Jersey State Federation of Sportsmen's Clubs; one of such members shall be the chairman of the committee established pursuant to section 7 of [the "Endangered] "The Endangered and Nongame Species Conservation [Act" (P.L.1973, c.309; C.23:2A-7)] Act," P.L.1973, c.309 (C.23:2A-7) , and one of such members shall be a person knowledgeable in land use management and soil conservation practices.  One of such farmer representatives and two of such sportsmen representatives in the council shall be chosen from among residents of any of the following counties--Bergen, Essex, Hudson, Morris, Passaic, Sussex and Warren; one of such farmer representatives and two of such sportsmen representatives in the council shall be chosen from among residents of any of the following counties--Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset and Union; and one of such farmer representatives and two of such sportsmen representatives shall be chosen from among residents of any of the following counties--Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Salem.

     Each member of the council shall be appointed for a term of [4] four years and shall serve until his successor has been appointed and has qualified.

(cf:  P. L.1979, c.199, s.72)

 

     2.    Section 28 of P.L.1948, c.448 (C.13:1B-26) is amended to read as follows:

     28.  a.  Each Governor shall designate one of the members of the council as chairman of such council.  Any member of the council so designated shall serve as such chairman at the pleasure of the Governor designating him and until his successor has been designated.  The chairman of the council shall be its presiding officer.

     b.    Any vacancies in the membership of said council occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.  Notwithstanding the provisions of this section or section 26 of P.L.1948, c.448 (C.13:1B-24) to the contrary, in the event of a vacancy for a farmer representative occurring other than by expiration of term, a temporary farmer representative may be chosen to fill that vacancy until a farmer representative is selected at the next agricultural convention held pursuant to R.S.4:1-5 for recommendation to the Governor for appointment, and the recommended farmer representative is appointed by the Governor, with the advice and consent of the Senate.  The temporary farmer representative shall be:  (1) a farmer chosen by the President, in consultation with the Vice President, of the State Board of Agriculture; (2) a resident of and represent the same counties as the previous holder of the vacant position; and (3) a past member of the council who served pursuant to section 26 of P.L.1948, c.448 (C.13:1B-24) or a past member of the State Board of Agriculture who served pursuant to R.S.4:1-4, provided, however, that in no case shall the temporary farmer representative have been removed from office for cause pursuant to this section or section 3 of P.L.1948, c.447 (C.4:1-4.1), as applicable.  

     c.     Any member of the council may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.

     d.    The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

     e.     No person who has been appointed a member of the council for two successive terms, including an unexpired term, shall again be eligible for that office for four years next following the expiration of his second successive term , except that a person who previously served as a farmer representative may fill a temporary vacancy for a farmer representative occurring other than by expiration of term until a farmer representative may be selected for appointment by the agricultural convention held pursuant to R.S.4:1-5 and the recommended farmer representative is appointed by the Governor, with the advice and consent of the Senate .

(cf:  P.L.1948, c.448, s.28)

 

     3.    This act shall take effect immediately.

STATEMENT

 

     The bill would amend the law designating the membership of the Fish and Game Council (council) to provide an alternate means to fill a vacancy for a farmer representative on the council.  Currently, the council consists of 11 members, including three farmers appointed by the Governor, with the advice and consent of the Senate.  These farmer representatives are recommended to the Governor for appointment to the council by the State agricultural convention held pursuant to law once each year.  Thus, if a vacancy occurs, it cannot be filled until a new farmer representative is selected at the next State agricultural convention and that person is appointed by the Governor, with the advice and consent of the Senate. 

     This bill would allow, in the event of a vacancy for a farmer representative occurring other than by expiration of term, a temporary member to be chosen to serve as that farmer representative until a new farmer representative can be selected for recommendation to the Governor for appointment at the next State agricultural convention and the recommended farmer representative is appointed by the Governor, with the advice and consent of the Senate.  The temporary farmer representative would be:  (1) a farmer chosen by the President, in consultation with the Vice President, of the State Board of Agriculture; (2) a resident of and represent the same counties as the previous holder of the vacant position; and (3) a past member of the council or a past member of the State Board of Agriculture, who had not been removed from office for cause. 

     This bill is intended to ensure that farmers remain represented on the council even in the event of a vacancy in one of the appointed representative positions.

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