Bill Text: NJ S3881 | 2018-2019 | Regular Session | Introduced
Bill Title: Shortens certain school board members' terms when annual school election is moved from November to April; requires approval of both school board and municipal governing body in order to move school election from November to April.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-06-03 - Introduced in the Senate, Referred to Senate Education Committee [S3881 Detail]
Download: New_Jersey-2018-S3881-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Shortens certain school board members' terms when annual school election is moved from November to April; requires approval of both school board and municipal governing body in order to move school election from November to April.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school elections and amending P.L.2011, c.202 and P.L.2012, c.78.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 45 of P.L.2011, c.202 (C.18A:12-15.1) is amended to read as follows:
45. a. In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1) or section 1 of P.L.2012, c.78 (C.19:60-1.2), the term of office of a member of a board of education that is set to expire in April of a given year shall be extended until the day in January next following the year in which the term was originally set to expire when the member's successor takes office.
b. In the case of a school district in which the annual school election has been moved from November to April pursuant to subsection b. of section 1 of P.L.2011, c.202 (C.19:60-1.1) or section 1 of P.L.2012, c.78 (C.19:60-1.2), the term of office of a member of a board of education that is set to expire in January next following the year in which the April election occurs shall be shortened to the day following the April election on which the board of education organizes.
(cf: P.L.2012, c.78, s.6)
2. Section 1 of P.L.2011, c.202 (C.19:60-1.1) is amended to read as follows:
1. a. (1) The question of moving the date of a school district's annual school election to the first Tuesday after the first Monday in November, to be held simultaneously with the general election, shall be submitted to the legal voters of a local or regional school district, [other than] including a Type II district with a board of school estimate, whenever a petition signed by not less than 15% of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of electors for President and Vice-President of the United States is filed with the board of education. The question shall be submitted to the voters of the district at the next general election, provided that at least 60 days have lapsed since the date of the filing of the petition. In the event that the question is not approved by the voters, no petition may be filed to submit the question to the voters within one year after an election shall have been held pursuant to any petition filed pursuant to this subsection.
The date of the annual school election may be moved to the first Tuesday after the first Monday in November without voter approval, upon the adoption of a resolution by the board of education of a local or regional school district, [other than] including a Type II district with a board of school estimate, or the governing body or bodies of the municipality or municipalities constituting the district. Prior to holding a meeting for the adoption of the resolution to move the date of the annual school election, the governing body or bodies of the municipality or municipalities constituting the district shall provide adequate notice of the meeting to the affected board or boards of education.
(2) In the case of a Type II district without a board of school estimate, in the event that the date of a school district's annual school election is moved to the day of the general election, the annual school election in November shall be held for the purpose of submitting a proposal to the voters for approval of additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), for the purpose of electing members of the board of education, and for any other purpose authorized by law. A vote shall not be required on the district's general fund tax levy for the budget year, other than the general fund tax levy required to support a proposal for additional funds.
In the case of a Type II district with a board of school estimate, in the event that the date of a school district's annual school election is moved to the day of the general election, the annual school election in November shall be held for the purpose set forth in subsection b. of section 1 of P.L.2012, c.78 (C.19:60-1.2).
(3) In addition to the process set forth in paragraph (1) of this subsection, in the event that all the constituent districts of a limited purpose regional school district approve moving the date of their annual school elections to November, by any of the procedures established pursuant to this subsection, then the annual school election for the limited purpose regional school district shall also be conducted simultaneously with the general election.
(4) In the event that the date of a school district's annual school election is moved to the day of the general election pursuant to this subsection, the board of education and the county board of elections shall enter into an agreement, pursuant to guidelines established by the Secretary of State, under which the board of education shall pay any agreed upon increase in the costs, charges, and expenses that may be associated with holding the school election simultaneously with the general election.
b. (1) In the case of a school district that has moved the date of its annual school election to November pursuant to subsection a. of this section, the question of moving the date of the school district's annual school election to the third Tuesday in April shall be submitted to the legal voters of a local or regional school district, [other than] including a Type II district with a board of school estimate, whenever a petition signed by not less than 15% of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of electors for President and Vice-President of the United States is filed with the board of education. The question shall be submitted to the voters of the district at the next general election, provided that at least 60 days have lapsed since the date of the filing of the petition.
The date of the annual school election may be moved to the third Tuesday in April without voter approval, upon the adoption of a resolution by both the board of education of a local or regional school district, [other than] including a Type II district with a board of school estimate, [or] and the governing body or bodies of the municipality or municipalities constituting the district. Prior to holding a meeting for the adoption of the resolution to move the date of the annual school election, the governing body or bodies of the municipality or municipalities constituting the district shall provide adequate notice of the meeting to the affected board or boards of education.
No resolution may be adopted and no petition may be filed pursuant to this subsection until at least four annual school elections have been held in November.
(2) In the case of a Type II district without a board of school estimate, in the event that the date of the annual school election is moved to the third Tuesday in April, a vote shall be held on the district's general fund tax levy for the budget year including any proposal for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), the election of members of the board of education, and for any other purpose authorized by law.
In the case of a Type II district with a board of school estimate, in the event that the date of a school district's annual school election is moved to the third Tuesday in April, the annual school election in April shall be held for the purpose set forth in subsection c. of section 1 of P.L.2012, c.78 (C.19:60-1.2).
(3) In addition to the process set forth in paragraph (1) of this subsection, in the event that all the constituent districts of a limited purpose regional school district approve moving the date of their annual school elections to the third Tuesday in April, by [any of the procedures] a procedure established pursuant to this subsection, then the annual school election for the limited purpose regional school district shall also be conducted on the third Tuesday in April.
c. Notice, in writing, to change the date of a school election from the third Tuesday in April to the first Tuesday in November shall be given to the county clerk no less than 60 days prior to the third Tuesday in April to take effect for that year's election. For a change from the first Tuesday in November to the third Tuesday in April, notice must be given to the county clerk no less than 85 days prior to the third Tuesday in April to take effect for that year's election. Timely notice shall also be given by the board of education or municipal governing body adopting such resolution to any other affected boards of education and municipal governing bodies.
(cf: P.L.2013, c.172, s.5)
3. Section 1 of P.L.2012, c.78 (C.19:60-1.2) is amended to read as follows:
1. a. [Notwithstanding any other law or regulation to the contrary, a Type II district with a board of school estimate may move the date of the school district's annual school election pursuant to the provisions of section 1 of P.L.2011, c.202 (C.19:60-1.1).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. Notwithstanding any other law or regulation to the contrary, in the event that the date of the annual school election is moved to the day of the general election in a Type II district with a board of school estimate, the election shall be held for the purpose of electing members of the board of education and for any other purpose authorized by law. The board of school estimate shall not determine the district's general fund tax levy for the budget year, other than the general fund tax levy required to support a proposal for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5).
c. Notwithstanding any other law or regulation to the contrary, in a Type II district with a board of school estimate that has moved the date of its annual school election to November and subsequently moves the annual school election to the third Tuesday in April, a vote shall be held for the purpose of electing members of the board of education and for any other purpose authorized by law. The board of school estimate shall determine the district's general fund tax levy for the budget year, including any proposal for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5).
(cf: P.L.2012, c.78, s.1)
4. This act shall take effect immediately.
STATEMENT
Under P.L.2011, c.202 (C.19:60-1.1 et al.), school districts are permitted to move the annual school election from the third Tuesday in April to the date of the general election in November. Pursuant to that law, when a school district moves the election to November, the term of office of a school board member that is set to expire in April of a given year will be extended until the day in January next following the year in which the term was originally set to expire when the member's successor takes office.
P.L.2011, c.202 also permits a district to move the annual school election from the date of the general election back to the third Tuesday in April. Under these circumstances, this bill provides that the term of a school board member that is set to expire in January next following the year in which the April election occurs will be shortened. The term of these board members will expire on the date after the April election when the new board organizes and the board member's successor takes office.
The bill also provides that in order to move the annual school election from the date of the general election back to the third Tuesday in April, both the board of education of the local or regional school district and the governing body of the municipality or municipalities constituting the district would be required to adopt a resolution to move the election. Under current law, a resolution by either the board of education or the governing body of the municipality would be sufficient to move the election back to April. The bill does not alter the current process that permits the date of the school district's election to be moved back to April with voter approval.
The bill also makes a technical amendment to section 1 of P.L.2011, c.202 (C.19:60-1.1). The provision is amended to clarify that Type II districts with boards of school estimate are permitted to move their annual school election date. These types of districts are permitted to do so pursuant to section 1 of P.L.2012, c.78 (C.19:60-1.2).
