Repeals sections of law pertaining to transfer of civil service and non-civil service employees of terminated local health agency to superseding agency.

A140

ASSEMBLY, No. 140

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Repeals sections of law pertaining to transfer of
civil service and non-civil service employees of terminated local health agency
to superseding agency.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning employees of local health agencies and
repealing sections 16 and 17 of P.L.1975, c.329.

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

���� 1.��� Sections 16 and 17 of
P.L.1975, c.329 (C.26:3A2-16 and C.26:3A2-17) are repealed.�

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill repeals sections 16
and 17 of P.L.1975, c.329 (C.26:3A2-16 and C.26:3A2-17), which provide that
each full-time employee of a local� health agency whose employment is governed
by the provisions of the Civil Service law, and each full-time employee for a
period of 2 years or more of a local health agency whose employment is not
governed by the provisions of the Civil Service law, and whose employment by
such agency shall have been terminated by reason of the assumption of its
activities and responsibilities by another local health agency, shall be
transferred to such other local agency, shall be assigned duties comparable to
those previously performed by the employee, and shall be entitled to and
credited with all rights and privileges accruing to the employee by reason of
his or her tenure in the previous office or position, the same as if the entire
period of previous employment had been in the position to which the employee
was transferred, as well as compensation fixed at not less than the amount
received by the employee� at the time of transfer.�

���� Section 17 of P.L.1975, c.329
(C.26:3A2-17) also provides that when a full-time employee for a period of 2
years or more of a local health agency whose employment is not governed by the
provisions of the Civil Service law is transferred to a superseding health
department subject to the provisions of the Civil Service law, the board shall
forthwith certify to the Civil Service Commission (now the Merit System Board)
the entitlement of the employee to Civil Service rights and privileges, and
shall appropriately classify the employee in the competitive civil service
without examination.� The employee shall thereafter be subject to the
provisions of the Civil Service law with regard to the terms of his or her
employment, promotion, tenure, classification, compensation and like matters,
as well as compensation fixed at not less than the amount received by the
employee at the time of transfer.

���� It is the opinion of the
sponsor that, as the State is urging smaller municipalities to merge or share
services in order to make government in New Jersey more efficient and to lower
the tax burden, and the Governor's budget proposal for Fiscal Year 2009 penalizes
smaller municipalities by reducing their Consolidated Municipal Property Tax
Relief Aid to compel smaller municipalities to consolidate, the above sections
of law should be repealed to allow municipalities and counties to achieve cost
savings through the consolidation of local health agencies at the county and
regional level.� The sponsor argues that if a municipality will be penalized
with loss of aid for being too small, it ought to be given tools to rectify the
loss.