Renames "township committee" to "township council;" requires townships to update materials to reflect this title change.

S4079

SENATE, No. 4079

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Senator� CARMEN F. AMATO, JR.

District 9 (Ocean)

Senator� BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

SYNOPSIS

���� Renames "township committee" to
"township council;" requires townships to update materials to reflect
this title change.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning township committees and amending
R.S.1:1-2 and P.L.1989, c.157.

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

���� 1.��� R.S.1:1-2 is amended to
read as follows:

���� 1:1-2.� Unless it be otherwise
expressly provided or there is something in the subject or context repugnant to
such construction, the following words and phrases, when used in any statute
and in the Revised Statutes, shall have the meaning herein given to them.

���� Affirmation; affirmed.� See
"Oath; sworn," infra, this section.

���� Assessor.� The word
"assessor," when used in relation to the assessment of taxes or water
rents or other public assessments, includes all officers, boards or commissions
charged with the duty of making such assessments, unless a particular officer,
board or commission is specified.

���� Census.� When used with
reference to the population of this State, or of any subdivision thereof, the
word "census" means the latest Federal census effective within this
State.

���� Certified mail.� The words
"certified mail" include private express carrier service, provided
that the private express carrier service provides confirmation of mailing.� For
purposes of this definition, confirmation of mailing may be by electronic
means, and shall include, at a minimum, confirmation of fact of mail, time of
mailing, date and time of delivery, attempted delivery, signature, or other
similar information for confirmation or proof associated with the delivery
service.

���� Collector.� The word
"collector," when used in relation to the collection of taxes or
water rents or other public assessments, includes all officers charged with the
duty of collecting such taxes, water rents or assessments, unless a particular
officer is specified.

���� Folio; sheet.� A sheet or
folio shall consist of 100 words, and in all cases where an entry of any
writing or copy is to be paid for, the sheet or folio shall consist of 100
words.

���� Freeholder; chosen
freeholder.� The words "freeholder" and "chosen
freeholder," when used in relation to county government, mean a member of
the board which manages, controls, and governs the property, finances, and
affairs of a county, and in which the executive and legislative powers of the
county or solely the legislative powers of the county are vested, and
designated as a "county commissioner."

���� Gender.� See "Number;
gender," infra, this section.

���� General election.� The words
"general election" shall be taken to mean the annual election to be
held on the first Tuesday after the first Monday in November and in any statute
in which it is provided that any public officer shall be elected, or any public
question shall be voted upon, at an election at which members of the General
Assembly are to be voted for or elected, or words to that effect, shall be
taken to mean, and shall be construed to be the equivalent of a provision, that
said public officers shall be elected, or that said public question shall be
voted upon, "at a general election."

���� He.� "Number;
gender," infra, this section.

���� Inhabitants.� See
"Population; inhabitants," infra, this section.

���� It.� See "Number;
gender," infra, this section.

���� Magistrate. The word
"magistrate" includes any judge, municipal magistrate or officer or
other person having the powers of a committing magistrate.

���� Masculine.� See "Number;
gender," infra, this section.

���� Month; year.� The word
"month" means a calendar month, and the word "year" means a
calendar year.

���� Municipality; municipal
corporation.� The words "municipality" and "municipal
corporation" include cities, towns, townships, villages and boroughs, and
any municipality governed by a board of commissioners or an improvement
commission.

���� Neuter.� See "Number;
gender," infra, this section.

���� Number; gender.� Whenever, in
describing or referring to any person, party, matter or thing, any word
importing the singular number or masculine gender is used, the same shall be
understood to include and to apply to several persons or parties as well as to
one person or party and to females as well as males, and to bodies corporate as
well as individuals, and to several matters and things as well as one matter or
thing.

���� Oath; sworn.� The word
"oath" includes "affirmation;" and the word
"sworn" includes "affirmed."

���� Other property.� See
"Property; other property," infra, this section.

���� Person.� The word
"person" includes corporations, companies, associations, societies,
firms, partnerships and joint stock companies as well as individuals, unless
restricted by the context to an individual as distinguished from a corporate
entity or specifically restricted to one or some of the above enumerated
synonyms and, when used to designate the owner of property which may be the
subject of an offense, includes this State, the United States, any other State
of the United States as defined infra and any foreign country or government
lawfully owning or possessing property within this State.

���� Personal property.
"Personal property" includes goods and chattels, rights and credits,
moneys and effects, evidences of debt, choses in action and all written
instruments by which any right to, interest in, or lien or encumbrance upon,
property or any debt or financial obligation is created, acknowledged,
evidenced, transferred, discharged or defeated, in whole or in part, and
everything except real property as herein defined which may be the subject of
ownership.

���� Plural.� See "Number;
gender," supra, this section.

���� Population; inhabitants.� The
word "population," when used in any statute, shall be taken to mean
the population as shown by the latest Federal census effective within this
State, and shall be construed as synonymous with "inhabitants."

���� Property; other property.� The
words "property" and "other property," unless restricted or
limited by the context to either real or personal property, includes both real
and personal property.

���� Real estate; real property.�
The words "real estate" and "real property," include lands,
tenements and hereditaments and all rights thereto and interests therein.

���� Registered mail.� The words
"registered mail" include "certified mail".

���� Revised Statutes.� The words
"Revised Statutes" mean the Revised Statutes of 1937, unless some
other revision is expressly indicated or referred to.

���� Revision law.� The words
"Revision law" mean any statute which is expressed in its title or
body to be a revision of any part of the statutory law.

���� She.� See "Number;
gender," supra, this section.

���� Sheet.� See "Folio,"
supra, this section.

���� Ship.� The word
"Ship" includes vessels, steamers, canal boats and every boat or
structure adapted to navigation or movement from place to place, upon the
ocean, lakes, rivers or artificial waterways, either by its own power or
otherwise.

���� Singular.� See "Number;
gender," supra, this section.

���� State.� The word
"State" extends to and includes any State, territory or possession of
the United States, the District of Columbia and the Canal Zone.

���� Sworn.� See "Oath;
sworn," supra, this section.

���� Taxing district.� The words
"taxing district," when used in a law relating to the assessment or
collection of taxes, assessments or water rates or water rents, include every
political division of the State, less than a county, whose inhabitants,
governing body or officers have the power to levy taxes, assessments or rates.

���� Territory.� The word
"territory" extends to and includes any territory or possession of
the United States, the District of Columbia and the Canal Zone.

����
Township committee;
committee.� The words "township committee" and "committee,"
when used in relation to township government, mean the elected board which
manages, controls, and governs the property, finances, and affairs of a
township, in which the executive responsibilities of the township not placed in
the office of the mayor are vested, and is designated as the "township
council.
"

���� United States.� The words
"United States" extend to and include every State, territory and
possession of the United States, the District of Columbia and the Canal Zone.

���� Year.� See "Month;
year," supra, this section.

(cf: P.L.2020, c.67, s.1)

���� 2.��� Section 1 of P.L.1989,
c.157 (C.40A:63-2) is amended to read as follows:

���� a.���� (1)� The elected
officers of every township shall be the members of the township
[
committee
]

council
,
as hereinafter prescribed;

���� (2)�� All elected officers
shall be residents of the township and their terms of office shall begin on
January 1 next succeeding their election.� No township officer shall hold over
in
[
his
]

their

office after the expiration of the term for which
[
he
]

the township officer
was
elected; and

���� (3)�� A plurality of votes
shall be sufficient to elect any township officer.

���� b.��� (1)� The township
[
committee
]

council

shall consist of three or five members elected at large and who shall hold
office for a term of three years;

���� (2)�� In each township:

���� (a)�� If the
[
committee
]

council

is to consist of three members, then the terms shall be arranged, by lot if
necessary, so that there will be an election of one member of the
[
committee
]

council

every year; or

���� (b)�� If the
[
committee
]

council

is to consist of five members, then the terms shall be arranged, by lot if
necessary, so that no more than two members of the
[
committee
]

council

will be elected in any one year, and

���� (3)�� Notwithstanding the
provisions of paragraph (1) of subsection b. of this section, a township that
has been divided into wards prior to the effective date of this act shall
continue to be so divided into wards for as long as the referendum establishing
the wards remains in effect.� The members of the township
[
committee
]

council

and the member at large shall be elected as hereinafter provided for.

���� c.���� The annual township
election for members of the township
[
committee
]

council

shall be held at the same time and places as for the general election.

����
d.��� After the effective
date of P.L.��� , c.��� (pending before the Legislature as this bill), the
township letterheads, stationary, and other writings, once exhausted, shall be
replaced with new letterheads, stationary, and other writings with the title of
township council.� No later than one year following the effective date of P.L. ,c. (pending
before the Legislature as this bill), the Internet website of a township, shall
bear the title of township council. �Any township signs or other writings
bearing the former title of township committee, which would require the
expenditure of township funds to update or replace, shall be changed to bear
the title of township council upon the next update or replacement made in the
ordinary course of business.

���� e.����
Nothing in P.L.��� ,
c.��� (pending before the Legislature as this bill) shall be construed to
affect the organization, powers, rules, or any other function of the township
council.

(cf: P.L.1989, c.157,s.1)

���� 3.��� Section 1 of P.L.1989,
c.157 (C.40A:63-3) is amended to read as follows:

���� a.���� The township
[
committee
]

council

shall consist of three or five members who shall hold office for a term of
three years.�

���� b.��� Notwithstanding the
provisions set out in subsection a. of this section, a township that has been
divided into wards prior to the effective date of this act shall continue to
elect the members of the township
[
committee
]

council

from wards as heretofore established by referendum of the voters of
[
said
]

the

township.� Also, one member of the township
[
committee
]

council

shall be elected at large and, by virtue of such designation, shall be known as
the mayor of
[
such
]

the

township.� The township
[
committee
]

council

may, by ordinance, not less than 60 days before any general election, call for
a referendum of the legal voters to decide whether or not to abolish the ward
system of representation and return to election of the township
[
committee
]

council

at large.�

���� c.���� The legal voters of any
township may elect to increase or decrease the membership of the township
[
committee
]

council

of the township either to three or five members.�

���� The township
[
committee
]

council

shall order an election on the proposition, to be held at the next general
election, whenever a petition is presented to the township clerk by the legal
voters of the township in the number of at least fifteen
[
per centum
(15%)
]

percent
of the votes cast in the township at the last election in which
members of the General Assembly were elected.� The proposition shall not be
submitted more than once in any three year period.�

���� The notice, advertisement and
conduct of the election shall be the same as for officers voted at any general
election.�

���� The proposition shall be
submitted to the voters at the election in substantially the following form:�

���� "Shall the membership of
the township
[
committee
]

council

of .................... .. (insert name of township) be ......................
(insert 'increased' or 'decreased') from ............. (insert current number)
to ........... (insert proposed number) members?"�

���� A canvass and return of the
vote shall be made in the same manner as for officers voted for at any general
election and a majority of all the votes cast in favor of the proposition shall
be sufficient to make the change.�

���� d.��� When the legal voters
shall have voted to increase or decrease the membership of the township
[
committee
]

council
,
as provided for in subsection c. of this section, the increase or decrease
shall take effect for the next general election.� At that election:�

���� (1)�� If two additional
[
committee
]

council

members are to be elected, then one shall be elected for a term of two years
and one for a term of three years; or

���� (2)�� If the membership of the
township
[
committee
]

council

is to decrease by two members, then the terms of all
[
committee
]

council

members currently serving on the date of the election at which the decrease was
adopted, and all
[
committee
]

council

members elected at that election, shall terminate on December 31 next following
the next general election.� At the next general election, one
[
committee
]

council

member shall be elected for a term of one year, one for a term of two years and
one for a term of three years.�

���� e.���� The township
[
committee
]

council

shall hold an annual meeting on the first day of January at
[
12 o'clock
noon
]

12:00
p.m.
, or during the first seven days of January in any year.�

���� f.���� At their annual
meeting, the
[
committee
]

council

shall have the power and authority to elect one of their number as
[
chairman
]

chairperson

of the
[
committee
]

council
,
who shall preside at all meetings of the township
[
committee
]

council

and who shall be known as the mayor of the township.� The mayor shall have no
additional authority by virtue of
[
such
]

this

designation, except as otherwise provided by law or this act .

���� g.��� A majority of the
[
committee
]

council

shall constitute a quorum for the transaction of business.� A majority of all
the members of the
[
committee
]

council

shall be required to vote in the affirmative to pass any ordinance.�

���� h.��� The
[
committee
]

council

may, at its annual meeting, establish for their members such subordinate
committees as will assist them for the ensuing year.

���� i.���� No officer, who has
obtained tenure by any provision of any section herein repealed by section
40A:63-9 of this act, shall be affected in any way by the repeal.�

(cf: P.L.1989, c.157, s.1)

���� 4.��� Section 1 of P.L.1989,
c.157 (C.40A:63-6) is amended to read as follows:

���� a.���� The
[
committee
]

council

shall be the legislative body of the municipality.

���� b.��� The
[
committee
]

council

may subject to general law and the provisions of this act:

���� (1)�� pass, adopt, amend
,

and repeal any ordinance or, where permitted, any resolution for any purpose
required for the government of the municipality or for the accomplishment of
any public purpose for which the municipality is authorized to act under
general law;

���� (2)�� control and regulate the
finances of the municipality and raise money by borrowing and taxation;

���� (3)�� create
[
such
]
offices and
positions as they deem necessary.� The officers appointed thereto shall perform
the duties required by law and the ordinances of the
[
committee
]

council
.�
Other than the township attorney, engineer, building inspector, the clerk, tax
collector
,
and tax assessor who shall serve for terms as provided in
Chapter 9 of Title 40A of the New Jersey Statutes, these officers shall serve
at the pleasure of the
[
committee
]

council
;

���� (4)�� investigate any activity
of the municipality; and

���� (5)�� remove any officer of
the municipality, other than those officers excepted by law, for cause.

���� c.���� The
[
committee
]

council

shall have all the executive responsibilities of the municipality not placed,
by general law or this act, in the office of the mayor.

(cf: P.L.1989, c.157, s.1)

���� 5.��� Section 1 of P.L.1989,
c.157 (C.40A:63-7) is amended to read as follows:

���� a.���� The township
[
committee
]

council

may, by ordinance, delegate all or a portion of the executive responsibilities
of the municipality to an administrator, who shall be appointed pursuant to
chapter 9 of Title 40A of the New Jersey Statutes (40A:9-136).�

���� b.��� The township
[
committee
]

council

may, by ordinance, adopt an administrative code.� The administrative code shall
restate the major provisions of the township's charter and the general law
supplementing the charter.� The administrative code shall set forth the manner
in which the
[
committee
]

council

shall perform its duties.� If the
[
committee
]

council

organizes itself into standing committees or if the
[
committee
]

council

members serve as heads of departments with administrative control over
[
said
]

those

departments, the administrative code shall specify the powers and duties of
[
such
]

the

committees or department heads and the manner in which they are appointed.� The
administrative code shall set forth the titles of the principal officers, how
the officers are appointed, how they are organized into departments, boards,
commissions
,
and other agencies; whom they supervise; by whom they are
supervised; what powers they have and what procedure should be followed to
carry on the activities of the township government.� The administrative code
shall not grant any power or authority, nor authorize any procedure, unless
[
such
]

the

power, authority
,
or procedure is authorized implicitly by the wording
of the statute or derived reasonably by implication therefrom.�

���� c.���� The assets and
liabilities of any board, commission
,
or district created pursuant to
the statutes repealed in section 40A:63-9 of this act shall be transferred to
the municipality.�

���� d.��� The township
[
committee
]

council

may create
[
such
]
advisory
councils to the municipality as they may choose, including councils for the
functions absorbed by them of any heretofore existing boards, commissions
,

or districts.

(cf: P.L.1989, c.157, s.1)

���� 6.��� This act shall take
effect on the first day of the February next following the date of enactment;
however, the State and any political subdivision thereof may take anticipatory
action as necessary for the implementation of this act.

STATEMENT

���� This bill amends existing law
to change the title of "township committee" to "township
council."� The bill creates a definition for �township committee� to
clarify that any reference in the statutes to a "township committee"
or "committee, " when used in relation to township government, means
a "township council."� The purpose of this bill is to increase civic
engagement in local government by reducing confusion concerning the phrase
"township committee;" frequently, townships refer to their local
governing body as a "township council."� This bill aligns the statute
with the colloquial phrase.

���� The bill also requires townships
to update their letterheads, stationary, and other writings, once exhausted, to
bear the title of township council in place of township committee upon
replacement. The bill requires townships to update their Internet websites, to
bear the title of township council in place of township committee within one
year of the bill�s effective date. The bill does not require townships to
update or replace signs or other writings to reflect this title change within
this timeframe if doing so would require the expenditure of township funds. �In
this case, the title would have to be changed whenever the writing is next
updated or replaced in the ordinary course of business. �

���� The bill specifies that this
title change is not to affect the organization, powers, rules, or any other
function of the township council.

���� The bill would take effect on the
February 1st next following the date of enactment; however, the State and any
political subdivision thereof may take anticipatory action as necessary for the
implementation of the bill.