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statutes  is  repealed   and   the   following  is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