Bill Text: NJ S3688 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits State department heads from holding over in office for more than 120 days; requires Governor to nominate successor to county prosecutor and other county officials no later than 120 days after their term expires.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-16 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3688 Detail]
Download: New_Jersey-2018-S3688-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Prohibits State department heads from holding over in office for more than 120 days; requires Governor to nominate successor to county prosecutor and other county officials no later than 120 days after their term expires.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain officials appointed by the Governor and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The executive head of any principal department in the Executive Branch of State government with the title of commissioner or secretary shall not hold over in office for more than 120 days after the expiration of the term of the Governor who appointed that person. The person shall be eligible for reappointment to that position with the advice and consent of the Senate. This section shall not apply to the Attorney General and the Secretary of State.
2. The Governor shall nominate a successor to a county prosecutor no later than 120 days after the expiration of the term of that office. A county prosecutor may be reappointed to that position with the advice and consent of the Senate.
3. The Governor shall nominate a successor to a county official no later than 120 days after the expiration of the term of that office when the term of that county official is prescribed by law and the official is appointed by the Governor with the advice and consent of the Senate. This section shall apply to a county superintendent of elections. A county official may be reappointed to that position with the advice and consent of the Senate.
4. If an official serving in a position covered by section 1 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), has served in a holdover capacity for more than 120 days as of the effective date of this act, the Governor shall nominate a successor within 30 days of that effective date.
5. This act shall take effect immediately.
STATEMENT
This bill prohibits the executive head of a principal department in the Executive Branch with the title of commissioner or secretary from holding over in office for more than 120 days after the expiration of the term of the Governor who appointed that person. The bill would not apply to the Attorney General and the Secretary of State who, under the New Jersey Constitution, serve during the term of the Governor.
The bill also limits the holdover period for a county prosecutor by requiring that the Governor nominate a successor no later 120 days after the expiration of the term of office. The State Constitution provides that a prosecutor serves for a five-year term and until the appointment and qualification of a successor.
In addition, the bill requires the Governor to nominate a successor to a county official no later than 120 days after the expiration of the term of office if the term is prescribed by law and the official is appointed by the Governor with the advice and consent of the Senate.
All such officials could be reappointed to their positions with the advice and consent of the Senate.
Finally, if an official has served as the head of a department in the Executive Branch of State government in a holdover capacity for more than 120 days as of the effective date of this bill, the Governor must nominate a successor within 30 days of that effective date.
