A4788 —

A4788 AAN Statement 6/5/17 ASSEMBLY AGRICULTURE AND NATURAL RESOURCES COMMITTEE   STATEMENT TO   ASSEMBLY, No.

4788   STATE OF NEW JERSEY 217th LEGISLATURE   INTRODUCEDDATED: MAY 11, 2017     Sponsored by:

Assemblyman  JUNE ERIC5, HOUGHTALING  District      11The (Monmouth)Assembly Assemblyman Agriculture ADAMand J.Natural Resources Committee reports favorably Assembly Bill No.

TALIAFERRO4788. District 3 (Cumberland, Gloucester and Salem) Assemblyman  BOB ANDRZEJCZAK District 1 (Atlantic, Cape May and Cumberland) Assemblyman  VINCENT MAZZEO District 2 (Atlantic) Assemblyman  PARKER SPACE District 24 (Morris, Sussex and Warren)         SYNOPSIS      Creates alternate voting members on county agriculture development boards.

       CURRENTThis VERSIONbill OFamends TEXTthe     “Agriculture AsRetention introduced.and Development Act” by creating alternate members on County Agriculture Development Boards (CADB) who are able to vote in the absence or disqualification of a voting member, enabling a CADB to increasingly reach quorum and help reduce or eliminate the conflict of interest between members, and allowing a CADB to move forward with its duties.

        AnThis Actbill creatingwould require each CADB to have two alternate votingmembers, one of whom represents the general public and one of whom is actively engaged in farming.  These alternate members onwould countyeach agricultureserve developmentfor boardsa term of four years and amendingmay P.L.1983,vote c.32.in place of an appointed voting member of their respective appointment background, should a voting member be absent or disqualified.  The alternate voting member may participate in discussions of the proceedings when not voting.

           The Bealternate Itmember Enactedwith bya farming background would be appointed in the Senatesame manner as the four members actively engaged in farming, and Generalthe Assemblyalternate ofmember representing the Stategeneral ofpublic Newwould Jersey:be appointed in the same manner as the three members representing the general public.

       1.    Section 7 of P.L.1983, c.32 (C.4:1C-14) is amended to read as follows:

     7.    a.  The governing body of any county may, by resolution duly adopted, establish a public body under the name and style of ["The County] the "County Agriculture Development Board," with all or any significant part of the name of the county inserted.  Every board shall consist of three non-voting members as follows:

a representative of the county planning board;

a representative of the local soil conservation district;

and the county agent of the New Jersey Cooperative Extension Service whose jurisdiction encompasses the boundaries of the county;

and seven voting members and two alternate members who shall be residents of the county [, four of whom] .  Four of the voting members and one alternate member shall be actively engaged in farming, [the majority] of whom at least three of the four voting members shall own a portion of the land they farm [,] ;

and three of [whom] the voting members and one alternate member shall represent the general public, appointed by the board of chosen freeholders, or, in the counties operating under the county executive plan or county supervisor plan pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), by the county executive, or the county supervisor, as the case may be, with the advice and consent of the board of chosen freeholders.  With respect to the four voting members actively engaged in farming and one alternate member actively engaged in farming , the county board of agriculture shall recommend to the board of chosen freeholders, the county executive or the county supervisor, as appropriate, a list of potential candidates [and their alternates] to be considered for each appointment.  Alternate members may participate in discussions of the proceedings but shall vote only in the absence or disqualification of a voting member.  The alternate member actively engaged in farming shall only be eligible to vote in place of a voting member actively engaged in farming, and the alternate member representing the general public shall only be eligible to vote in place of a voting member representing the general public.  A vote shall not be delayed in order that a voting member may vote instead of an alternate member.

     b.    Of the seven members first to be appointed, three shall be appointed for terms of two years, two for terms of three years, and two for terms of four years.  Thereafter, all appointments shall be made for terms of four years.  The alternate members shall be appointed for terms of four years.  Each of these members shall hold office for the term of the appointment and until a successor shall have been appointed and qualified.  Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.

     c.     The board of chosen freeholders, county executive or county supervisor, as appropriate, may appoint such other advisory members to the board as they may deem appropriate.

     d.    Members of the board shall receive no compensation but the appointive members may, subject to the limits of funds appropriated or otherwise made available for these purposes, be reimbursed for expenses actually incurred in attending meetings of the board and in performance of their duties as members thereof.

     e.     The board shall meet as soon as may be practicable following the appointment of its members and shall elect a chairman from among its members and establish procedures for the conduct of regular and special meetings, provided that all meetings are conducted in accordance with the provisions of the "Senator Byron M.

Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).  The chairman shall serve for a term of one year and may be reelected.

     f.     The chairman shall appoint three voting members actively engaged in farming and one alternate member actively engaged in farming to serve with the representatives of the general public for the purpose of mediating disputes pursuant to the provisions of section 19 of [this act] P.L.1983, c.32 (C.4:1C-26) .

     g.    Notwithstanding the provisions of subsections a.

and b.

of this section, any public body established by the governing body of any county prior to May 3, 1982 which was established to carry out functions substantially similar to the functions of boards pursuant to this act and which proposes to apply for grants pursuant hereto may carry out the functions authorized herein, provided that within five years following the effective date of this act those boards established prior to May 3, 1982 shall reorganize so that the board reflects no more than a simple majority of members actively engaged in farming or equal representation of the general public and those actively engaged in farming.

(cf:

 P.L.1993, c.19, s.1)         2.    This act shall take effect on the first day of the third month next following the date of enactment.

STATEMENT        This bill amends the “Agriculture Retention and Development Act” by creating alternate members on County Agriculture Development Boards (CADB) who are able to vote in the absence or disqualification of a voting member, enabling a CADB to increasingly reach quorum and help reduce or eliminate the conflict of interest between members, and allowing a CADB to move forward with its duties.

     This bill would require each CADB to have two alternate members, one of whom represents the general public and one of whom is actively engaged in farming.  These alternate members would each serve for a term of four years and may vote in place of an appointed voting member of their respective appointment background, should a voting member be absent or disqualified.  The alternate voting member may participate in discussions of the proceedings when not voting.

     The alternate member with a farming background would be appointed in the same manner as the four members actively engaged in farming, and the alternate member representing the general public would be appointed in the same manner as the three members representing the general public.

     The agricultural community in New Jersey is relatively small in comparison to the State’s population and, as such, conflicts of interest often arise among CADB members, thereby impacting the ability of a CADB to obtain a quorum and inhibiting the ability of the CADB to continue the mission and work assigned to it by the “Agricultural Retention and Development Act.”