SENATE, No. 666

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 5, 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 15 of P.L.1947, c.177 (C.26:1A-15) is amended to read as follows:

    15. The commissioner, in addition to his powers and duties otherwise provided in this act or by any other law, shall:

    a. Exercise all functions and powers of the department not specifically vested in the Public Health Council by this act;

    b. Adopt rules and regulations governing the internal management of the department;

    c. Administer the work of the department;

    d. Enforce all laws relating to the health of the people of the State, and all provisions of the State Sanitary Code;

    e. Administer all laws which are by their terms included under his jurisdiction or under the jurisdiction of the department;

    f. Maintain liaison with local, State and Federal officials and agencies concerned with matters of public health or otherwise related to the functions of the department;

    g. Report to the Governor, the Legislature, and the Public Health Council, with respect to the work of the department, on March fifteenth of each year and at such other times as he may deem in the public interest;

    h. Institute or cause to be instituted such legal proceedings or processes as may be necessary properly to enforce and give effect to any of his powers or duties as prescribed in this act;

    i. Cause studies to be made to determine whether the recognized public health activities of local health departments are being conducted and whether minimum standards of performance are being met in all municipalities of the State and for the purposes of this subsection, the commissioner shall recommend and the Public Health Council shall prescribe what are to be considered as "recognized public health activities" and "minimum standards of performance" . In the event a local health department is not conducting its recognized public health activities or is unable to meet the minimum standards of performance, the State Department of Health may assume administrative responsibility for that local health department in accordance with section 11 of P.L.1975, c.329 (C.26:3A2-11) ;

    j. Require local boards of health to establish and maintain a program of recognized public health activities and to meet minimum standards of performance as prescribed by the Public Health Council in accordance with the provisions of subsection "i" of this section.

(cf: P.L.1947, c. 177, s. 15)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends section 15 of P.L.1947, c.177 (C.26:1A-15) by providing that in the event a local health department is not conducting its recognized public health activities or is unable to meet the minimum standards prescribed by the Public Health Council, the State Department of Health may assume administrative responsibility for that local health department. This legislation would alleviate the type of situation which has occurred in Newark, where the lead abatement program has been hampered by delays and could stand to lose $1.5 million in grants from the U.S. Department of Housing and Urban Development due to the lack of submission of a workable plan.

Allows Department of Health to take over a local health department under certain circumstances.