Substitute House Bill No. 5646
Substitute House Bill No. 5646
PUBLIC ACT NO. 97-96
AN ACT CONCERNING SEALERS OF WEIGHTS AND MEASURES
AND THE TERM OF OFFICE FOR MEMBERS OF DISTRICT
BOARDS OF HEALTH.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 19a-241 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Towns, cities and boroughs, by vote of
their respective legislative bodies, after a
public hearing, may unite to form district
departments of health. The affairs of any such
district department of health shall be managed by
a board, which shall have all the duties exercised
or performed immediately prior to the effective
date of the creation of such district by directors
of health or boards of health of the
municipalities and which shall exercise all the
authority as to public health required of or
conferred upon the constituent municipalities by
law and shall have the powers set forth in section
19a-243. Towns, cities and boroughs may, in like
manner, join a district department of health
previously formed with the approval of the board
of such district.
(b) Each town, city and borough, which has so
voted to become a part of any such district,
shall, by its board of selectmen, city council or
board of burgesses, appoint one person to be a
member of such board. Any town, city or borough
having a population of more than ten thousand
inhabitants, as annually estimated by the
Department of Public Health by a method comparable
or similar to that used by the United States
Bureau of the Census, shall be entitled to one
additional representative for each additional ten
thousand population or part thereof, provided no
such municipality shall have more than five
representatives on a district board of health. The
term of office for members of the district board
of health shall be three years, except that: [,]
(1) A DISTRICT BOARD OF HEALTH CONTAINING ONLY ONE
TOWN MAY ELECT TO HAVE ONE-YEAR OR THREE-YEAR
TERMS OF OFFICE, AND (2) during the initial
formation of [the board] A BOARD WITH THREE-YEAR
APPOINTMENTS, appointments shall be so made that
approximately one-third of the board shall be
appointed for one year, approximately one-third
appointed for two years and approximately
one-third appointed for three years. Members of
the district board of health shall serve without
compensation but shall receive their necessary
expenses while in the performance of their
official duties.
Sec. 2. Section 43-6 of the general statutes
is repealed and the following is substituted in
lieu thereof:
There shall be a sealer of weights and
measures in each municipality of not less than
seventy-five thousand population, according to the
[last-preceding official state or United States
census,] MOST RECENT FIGURES CERTIFIED TO THE
SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT
BY THE COMMISSIONER OF PUBLIC HEALTH PURSUANT TO
SECTION 19a-2a, to be appointed by the chief
executive officer of such municipality. A sealer
of weights and measures may be appointed for
municipalities having less than seventy-five
thousand population by the chief executive officer
or board of selectmen of such municipality.
Whenever any municipality required by this section
to appoint a sealer of weights and measures fails
to do so or when a municipal sealer appointed
under the provisions of this section fails or
neglects to perform his duties, the Commissioner
of Weights and Measures may direct his inspectors
to perform the duties of the municipal sealer. The
clerk or comptroller of each municipality required
by this section to appoint a sealer shall, upon
notification and request by the Commissioner of
Weights and Measures, reimburse the state for the
cost of such services rendered. Municipal sealers
of weights and measures shall perform the same
duties and have the same powers within their
jurisdiction as are vested in the Commissioner of
Weights and Measures for the state except those
powers and duties exempted and reserved to the
Commissioner of Weights and Measures by regulation
promulgated under the provisions of section 43-3.
In those municipalities in which no sealer is
required by or appointed under the provisions of
this section, the Commissioner of Weights and
Measures or his inspectors shall perform these
duties and have these powers. Nothing in the
foregoing provisions shall be so construed as to
prevent any contiguous municipalities from
combining the whole or any part of their
respective territories, as may be agreed upon,
with one sealer, subject to the written approval
of the Commissioner of Weights and Measures. A
sealer appointed in pursuance of any agreement for
such combination shall, subject to the terms of
his appointment, have the same jurisdiction and
duties as if he had been appointed by each of the
authorities who are parties to the agreement.
Approved June 6, 1997