Bill Text: NJ A2478 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires certain public officers and employees to reside in State. *
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2010-12-13 - Substituted by S1730 (SCS/1R) [A2478 Detail]
Download: New_Jersey-2010-A2478-Introduced.html
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
Co-Sponsored by:
Assemblymen DiCicco and Coutinho
SYNOPSIS
Requires all public officers and employees to reside in State.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring all public officers and employees to reside in the State and amending R.S.52:14-7.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.52:14-7 is amended to read as follows:
52:14-7. a. [As used in this section, "person holding an office in this State" means the Governor; a member of the Legislature; the head of each principal department of the Executive Branch of the State government; and every Justice of the Supreme Court, judge of the Superior Court and judge of any inferior court established under the laws of this State.
b. Except as otherwise provided by law, every] Every person holding an office, employment or position
(1) in the Executive, Legislative or Judicial Branch of this State[, under the authority thereof], or
(2) with an authority, board, body, agency, commission, or instrumentality of the State including any State college, university or other educational institution, or
(3) with a county, municipality, or other political subdivision of the State or an authority, board, body, agency, district, commission, or instrumentality of the county, municipality, or subdivision, or
(4) with a board of education or an authority, board, body, agency, commission, or instrumentality of the board, shall have his or her principal residence in this State and shall execute such office, employment or position.
For the purposes of this subsection, a person may have at most one principal residence, and the state of a person's principal residence means the state (1) where the person spends the majority of his or her nonworking time, and (2) which is most clearly the center of his or her domestic life, and (3) which is designated as his or her legal address and legal residence for voting. The fact that a person is domiciled in this State shall not by itself satisfy the requirement of principal residency hereunder.
[c.] b. If any person holding any office, employment or other position in this State shall attempt to let, farm out or transfer such office, employment or position or any part thereof to any person, he shall forfeit the sum of fifteen hundred dollars ($1,500.00), to be recovered with costs by any person who shall sue for the same, one-half to the prosecutor and the other half to the treasurer for the use of the State.
[d.] c. No person shall be appointed to or hold any position in this State who has not the requisite qualifications for personally performing the duties of such position in cases where scientific engineering skill is necessary to the performance of the duties thereof.
[e.] d. Any person holding or attempting to hold an office, employment or position in violation of this section shall be considered as illegally holding or attempting to hold the same; provided that a person holding an office, employment or position in this State shall have [one year from the effective date of this act or] four months from the time of taking the [oath of] office, [whichever is later,] employment or position to satisfy the requirement of principal residency, and if thereafter such person fails to satisfy the requirement of principal residency as defined herein with respect to any 365-day period, that person shall be deemed unqualified for office, employment or position. The Superior Court shall, in a civil action in lieu of prerogative writ, give judgment of ouster against such person, upon the complaint of any officer or citizen of the State, provided that any such complaint shall be brought within one year of the alleged 365-day period of failure to have his or her principal residence in this State.
(cf: P.L.1987, c.13, s.1)
2. Every person who, on the effective date of P.L. , c. (pending before the Legislature as this bill) amending R.S.52:14-7, does not have his or her principal residence in this State but holds an office, employment or position described in subsection a. of R.S.52:14-7 shall have two years and six months from that effective date to comply with the provisions of subsection a. of R.S.52:14-7. The requirement of this section shall not be deemed to impair the obligation of any contract in effect on the effective date of P.L. , c. (pending before the Legislature as this bill). The requirement of this section shall not be applicable to any officer or employee who, on that effective date, holds an office, employment or position described in subsection a. of R.S.52:14-7 for which the grounds for termination are limited as specified by statute.
3. This act shall take effect immediately.
STATEMENT
This bill requires every person holding an office, employment or position
· in the Executive, Legislative or Judicial Branch of this State, or with an independent authority, board, body, agency, commission, or instrumentality of the State including any State college, university or other educational institution, or
· with an authority, board, body, agency, commission, or instrumentality of the State including any State college, university or other educational institution, or
· with a county, municipality, or other political subdivision of the State or an authority, board, body, agency, district, commission, or instrumentality of the county, municipality, or subdivision, or
· with a board of education or with an authority, board, to have his or her principal residence in this State. A person will have four months from the time of taking the office, employment or position to comply.
Every person who, on the effective date of this bill, does not have his or her principal residence in this State but holds such an office, employment or position will have two years and six months from that effective date to comply with the residency requirement.
The requirement of this bill with regard to current officers and employees will not impair the obligation of any contract in effect on the effective date, nor will it be applicable to an office, employment or position for which the grounds for termination are limited as specified by statute.
