New Jersey-2022-A2051-Introduced

An Act concerning the appointments of certain superintendents of weights and measures and amending Title 51 of the Revised Statutes.

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

1. R.S.51:1-42 is amended to read as follows:

51:1-42. The department of weights and measures, created and established by an act entitled "An act to establish a uniform standard of weights and measures in this state, to establish a department of weights and measures, and to provide penalties for the use of other than standard or legal weights and measures," approved April twenty-fourth, one thousand nine hundred and eleven (L.1911, c. 201, p. 414), is continued. It shall consist of a state superintendent, and assistant state superintendents, county superintendents, municipal superintendents and their respective assistant superintendents, and those county or municipal superintendents appointed by governing bodies pursuant to an agreement entered into pursuant the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.), each of whom shall, before entering upon his duties, take an oath of office as provided by law.

(cf: R.S.51:1-42)

2. R.S.51:1-43 is amended to read as follows:

R.S.51:1-43. The governor, by and with the advice and consent of the senate, shall appoint a state superintendent for a term of five years. The governing bodies of the respective counties shall appoint a county superintendent. The governing body of any municipality having a population of [sixty thousand] 60,000 or over shall, and the governing body of any other municipality may, by ordinance, provide for the office of, and appoint, a municipal superintendent. A certified copy of the ordinance and appointment shall be filed forthwith by the clerk of the municipality with the state superintendent. The person so appointed shall be entered upon the records of the state superintendent as the municipal superintendent. The governing bodies of the respective counties and qualifying municipalities may appoint, as necessary, to effectuate an agreement entered into pursuant to the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.), a duly qualified superintendent to serve participating counties or municipalities and to perform all the duties and functions pursuant to Title 51 of the Revised Statutes.

(cf: R.S.51:1-43)

3. R.S.51:1-47 is amended to read as follows:

R.S.51:1-47. No person, other than a superintendent, assistant superintendent or honorary or special assistant superintendent appointed in accordance with the provisions of this article, shall be engaged, or act, in any capacity as superintendent or assistant superintendent, sealer or inspector of weights and measures. Nothing in this section shall prohibit the fulfillment of the provisions of this article by a superintendent of weights and measures appointed pursuant to an agreement entered into pursuant to the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.).

(cf: R.S.51:1-47)

4. R.S.51:1-53 is amended to read as follows:

R.S.51:1-53. The county superintendents and municipal superintendents and the secretaries and assistant superintendents appointed by the respective county, municipal or other governing bodies or by the respective county or municipal superintendents, including those superintendents appointed pursuant to an agreement entered into in accordance with the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.) while such agreement is in effect, upon resolution of said governing bodies, shall hold office during good behavior. In counties not operating under subtitle 3 of the title Civil Service (s. 11:19-1 et seq.), they shall not be removed, discharged or reduced in pay or position, except after due hearing by the governing body of the respective county or municipality, or as otherwise provided for pursuant to an agreement entered into pursuant to the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.), and for just cause. Said officials shall be furnished with written statements of the reasons for such proposed action and shall be given a reasonable time to make written answer thereto. Reasonable notice of the hearing shall be given to the person charged. [He] The person may be represented at the hearing by counsel and offer testimony of witnesses or any other evidence [in his] on the person's own behalf.

(cf: R.S.51:1-53)

5. This act shall take effect immediately.

STATEMENT

This bill amends various provisions of Title 51 of the Revised Statutes to allow for the joint appointment of certain superintendents of weights and measures by local units.

This bill would allow for the appointment of county or municipal superintendents by local unit governing bodies pursuant to an agreement entered into pursuant the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.), to serve as weights and measures officers. Additionally, this bill would require superintendents appointed under the bill to perform all the duties and functions of other weights and measures officers pursuant to Title 51 of the Revised Statutes.