SENATE, No. 568

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BASSANO

An Act concerning local boards of health and amending P.L.1947, c.177.

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

    1. Section 23 of P.L.1947, c.177 (C.26:1A-23) is amended to read as follows:

    23. The commissioner shall call to the attention of any local board of health, by such notice as he may deem reasonable, any failure on its part to enforce the laws of the State or the provisions of the State Sanitary Code and afford such local board an opportunity to explain its failure. The determination of the commissioner as to what is a reasonable notice shall be conclusive. If, after a hearing, it is found that no good reason exists for the failure of the local board of health to enforce the law or the provisions of the State Sanitary Code, the commissioner shall issue an order directing it to do so.

    If the local board fails to comply with such order within the time specified, or, if none is specified, within a reasonable time, the commissioner shall immediately take such action as may be necessary to perform the acts specified in the order. This action may include a State takeover of the local board for a specified period of time as determined by the commissioner, during which period the Department of Health would directly supervise or perform the operations of the local board and may bill the local governing body for the costs incurred by the State in enforcing the law or the provisions of the State Sanitary Code for which the local board is responsible.

    In all legal proceedings the order of the commissioner shall be prima facie evidence of compliance with the provisions of this section, and conclusive evidence of the violation recited in the order.

(cf: P.L.1947, c.177, s.23)

    2. This act shall take effect immediately.

STATEMENT

    This bill authorizes the Commissioner of Health to implement a State takeover of a local board of health for a specified period of time as determined by the commissioner, based upon noncompliance by the local board with an order of the commissioner to enforce State law or the provisions of the State Sanitary Code. The commissioner is authorized to proceed with the takeover after a hearing has determined that no good cause exists for the noncompliance. During the period of the State takeover, the Department of Health would directly supervise or perform the operations of the local board and may bill the local governing body for the costs incurred by the State in enforcing the law or the provisions of the State Sanitary Code for which the local board is responsible. The bill authorizes the Department of Health, in the case of a takeover of a local board of health, to bill the local governing body for the costs incurred by the State in performing the duties for which the local board is responsible.

Authorizes State takeover of a local board of health under certain circumstances.