ASSEMBLY, No. 559

STATE OF NEW JERSEY

213th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION

 


 

Sponsored by:

Assemblyman RONALD S. DANCER

District 30 (Burlington, Mercer, Monmouth and Ocean)

Assemblyman JERRY GREEN

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

     Permits certain oaths, affirmations, and affidavits to be taken before township and village mayors.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the administration of oaths and amending R.S.41:2-1.

 

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

 

     1.  R.S.41:2-1 is amended to read as follows:

     41:2-1.  All oaths, affirmations and affidavits required to be made or taken by law of this State, or necessary or proper to be made, taken or used in any court of this State, or for any lawful purpose whatever, may be made and taken before any one of the following officers:

     The Chief Justice of the Supreme Court or any of the justices or judges of courts of record of this State;

     Masters of the Superior Court;

     Municipal judges;

     Mayors or aldermen of cities, towns, townships, villages, or boroughs or commissioners of commission governed municipalities;

     Surrogates, registers of deeds and mortgages, county clerks and their deputies;

     Municipal clerks and clerks of boards of chosen freeholders;

     Sheriffs of any county;

     Members of boards of chosen freeholders;

     Clerks of all courts;

     Notaries public;

     Commissioners of deeds;

     Members of the State Legislature;

     Attorneys-at-law and counsellors-at-law of this State.

     This section shall not apply to official oaths required to be made or taken by any of the officers of this State, nor to oaths or affidavits required to be made and taken in open court.

(cf: P.L.1986, c.124, s.1)

 

     2. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill adds township and village mayors to the list of officials before whom oaths, affirmations, and affidavits may be made. Historically, these mayors were excluded from the list because, in the case of a township, the mayor was selected from among the members of the governing committee on a rotating basis.  In the case of a village, there was no mayor because the village was governed by a board of trustees, having a president and treasurer. Since 1950, with the enactment of the “Optional Municipal Charter Law,” N.J.S.A.40:69A-1 et seq., many townships have adopted a form of government that provides for the direct election of the mayor.  In 1989 there was a major revision and reenactment of the township law to delineate specific powers for the mayor (N.J.S.A. 40A:63-5).  At this time the village law also was revised to specifically indicate that the president of the board of trustees is to function like the mayor of a municipality using the township form (N.J.S.A. 40A:63-8).  Since the Legislature has formally granted the chief executives of municipalities operating under the township and village form of governments the title and duties of a mayor, the sponsor believes that it is not appropriate to continue to discriminate against these mayors merely because of the way their form of government fills their office.