Bill Text: NJ A5156 | 2018-2019 | Regular Session | Introduced


Bill Title: Returns control of salaries of county constitutional officers to boards of chosen freeholders.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-03-07 - Introduced, Referred to Assembly State and Local Government Committee [A5156 Detail]

Download: New_Jersey-2018-A5156-Introduced.html

ASSEMBLY, No. 5156

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 7, 2019

 


 

Sponsored by:

Assemblyman  MATTHEW W. MILAM

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  R. BRUCE LAND

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Returns control of salaries of county constitutional officers to boards of chosen freeholders.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the salaries of county constitutional officers and amending various sections of statutory law.

 

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

 

     1.    N.J.S.2A:158-10 is amended to read as follows:

     2A:158-10. County prosecutors shall receive annual salaries to be fixed by the governing body of the county [at $153,000 beginning on January 1, 2008 and $165,000 beginning on January 1, 2009 and thereafter.  The annual salaries of county prosecutors shall be increased by $8,000 in calendar year 2018.  The annual salaries of county prosecutors set in calendar year 2018, shall be increased by $8,000, beginning on January 1, 2019.  The annual salary of county prosecutors set on January 1, 2019, shall be increased by $8,000 beginning on January 1, 2020.

     Beginning on January 1, 2021 and on January 1 of each year for four years thereafter, the amount of the annual salary determined for the prior calendar year shall be adjusted annually by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 12-month period beginning November 1 and ending October 31.  For the purpose of this section, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics in the United States Department of Labor.  The State Treasurer shall determine the amount of the adjustment by December 1 of each year and the adjustment shall become effective for payments to be made during the calendar year following the determination, beginning with payments made on or after January 1 of each calendar year.  An adjustment in the annual payment shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero.  Such an annual adjustment shall in no event be greater than 2 percent.  If the reference base of the index is changed, the index used to determine the Consumer Price Index shall be the index converted to the new base by standard statistical methods.  The first adjustment determination shall be made by December 1, 2020 and applicable to payments commencing on January 1, 2021.  The financial adjustment shall be made on December 1, 2024 and be applicable for payments commencing on January 1, 2025.  No further adjustments shall be made thereafter.

     There shall be appropriated annually to the Department of Community Affairs for payment to each county for additional salary costs resulting from the increase in the salary of county prosecutors an amount equal to the amount by which the annual salary paid to the county prosecutor under this section exceeds $100,000.00].

(cf: P.L.2018, c.14, s.4.)

 

     2.    N.J.S.2B:14-3 is amended to read as follows:

     2B:14-3.  Salaries of Surrogates.  The board of chosen freeholders in each county shall fix the Surrogate's annual salary by resolution [in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court which shall not be diminished during the term of office or during any consecutive terms served by the Surrogate.  Nothing in this section shall be construed to require that a surrogate whose annual salary exceeds the amount provided for herein shall be reduced, or that a board of chosen freeholders may not increase the salary of a surrogate in excess of the amount provided for herein].

(cf: P.L.2001, c.370, s.1)

 

     3.    N.J.S.40A:9-76 is amended to read as follows:

     40A:9-76.  The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the county clerk [in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court.  Nothing in this section shall be construed to require that a county clerk whose annual salary exceeds the amount provided for herein shall be reduced, or that a board of chosen freeholders may not increase the salary of a county clerk in excess of the amount provided for herein. 

     Nothing in this section shall authorize the fixing of the salary of any person holding the office of county clerk at any amount less than that now payable pursuant to law, so long as the said person shall hold such office during the present and any consecutively ensuing term or terms, nor shall anything in this section authorize the payment of any salary for which a range is established in an amount less than the minimum of said range].

     The salary of said officer shall be paid by the proper county disbursing officer in the same manner as county officers and employees are paid.

(cf: P.L.2001, c.370, s.10)

 

     4.    N.J.S.40A:9-92 is amended to read as follows:

     40A:9-92.  The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the register of deeds and mortgages [in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court.  Nothing in this section shall be construed to require that a register whose annual salary exceeds the amount provided for herein shall be reduced, or that a board of chosen freeholders may not increase the salary of a register in excess of the amount provided for herein.

     Nothing in this section shall authorize the fixing of the salary of any person holding the office of register of deeds and mortgages at any amount less than that now payable pursuant to law, so long as the said person shall hold such office during the present and any consecutively ensuing term or terms, nor shall anything in this section authorize the payment of any salary for which a range is established in an amount less than the minimum of said range].

     The salary of said officer shall be paid by the proper county disbursing officer in the same manner as county officers and employees are paid.

(cf: P.L.2001, c.370, s.11)

 

     5.    N.J.S.40A:9-104 is amended to read as follows:

     40A:9-104.  The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the sheriff [in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court.  Nothing in this section shall be construed to require that a sheriff whose annual salary exceeds the amount provided for herein shall be reduced, or that a board of chosen freeholders may not increase the salary of a sheriff in excess of the amount provided for herein.

     Nothing in this section shall authorize the fixing of the salary of any person holding the office of sheriff at any amount less than that now payable pursuant to law, so long as the said person shall hold such office during the present and any consecutively ensuing term or terms, nor shall anything in this section authorize the payment of any salary for which a range is established in an amount less than the minimum of said range].

     The salary of said officer shall be paid by the proper county disbursing officer in the same manner as county officers and employees are paid.

(cf: P.L.2001, c.370, s.12)

 

     6.    This act shall take effect, immediately but shall remain inoperative with respect to persons whose term of office commenced prior to the effective date, until commencement of the next following term of office.

 

 

STATEMENT

     This bill would permit county boards of chosen freeholders to set the salaries of their country prosecutor, surrogate, sheriff, county clerk, and registrar of deeds and mortgages.  Under current law, these salaries are tied to the salaries of judges of the Superior Court.  The salaries of current office-holders would not be affected until after the next election or appointment for the particular county office.

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