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12-7-11 Assembly Appropriations to hear A4394 'November School Elections' bill tomorrow, 12-8-11
GSCS: "There is a basic issue with the approval process in this bill for moving school board elections to November general elections, where the municipal body - all on its own - can approve a November election for a school board , regardless of the board or public sentiment. GSCS believes this is imposition of municipal governing body's will over school board and/or public vote is a first; the loss of check and balance is very worriesome. GSCS feels this major kind of change is radical, sets precednece and needs in depth conversation. We hope the legislature does not rush this well-intended bill through the lame duck session."

*****Assembly Appropriations Meeting 2:00 PM

Committee Room 11, 4th Floor, State House Annex, Trenton, NJ

Chair: Asw. Pou, Nellie

A2292 [Ramos, Ruben J./Coughlin, Craig J.+1], Children, legal representation-prov.

A2502 [Chivukula, Upendra J./DeAngelo, Wayne P.+7], Prop Assess Clean Energy Mun Finan Prog

A3700 [Spencer, L. Grace/Vainieri Huttle, Valerie], Sexually exploited juv.-prov. svcs.

A3754 [Greenwald, Louis D./Bramnick, Jon M.+1], Ambulatory care fac.-prov. cred.

A4283 [Lampitt, Pamela R./Diegnan, Patrick J.+1], NJ STARS, NJ STARS II-revise

A4358 [McKeon, John F.], St-owned land-estab. forest harvest prog

S1406 [Smith, Bob/Bateman, Christopher], Prop Assess Clean Energy Mun Finan Prog

Pending Referral:

A4389 [Greenwald, Louis D.], Mail-in ballots-reg voters, receive auto

A4394 [Greenwald, Louis D.], Sch. bd. election-Nov. general election

For Discussion Only:

A4259 [Quijano, Annette/Coughlin, Craig J.], Student loan interest-prov. tax cred.

A4360/Greenwald  - S3128/Norcross: Move School Elections

An Act concerning the operation of school districts, revising various parts of the statutory law, and supplementing chapter 7F of Title 18A of the New Jersey Statutes and chapter 60 of Title 19 of the Revised Statutes

 

ASSEMBLY, No. 4360

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED NOVEMBER 28, 2011

 

Sponsored by:

Assemblyman LOUIS D. GREENWALD, District 6 (Camden)

SYNOPSIS

Establishes procedures for districts to opt to move the annual school election to November and eliminates vote on school budgets for such districts, except for separate proposals to spend above cap.

CURRENT VERSION OF TEXT

As introduced.

 

STATEMENT

This bill establishes procedures for moving the date of a Type II school district’s annual school election to the day of the general election in November. Under the first procedure:, the question would be presented to the voters for their approval upon the adoption of a resolution by the board of education of the district or the governing body of the municipality comprising the district, or whenever a petition signed by not less than 15% of the legally qualified voters who voted in the district at the last preceding general election held for the election of members of the General Assembly is filed with the board of education. Under a second procedure:, the date of the annual school election may be moved to November without voter approval, upon the adoption of a resolution by the board of education or the governing body of the municipality. If the district’s annual school election is moved to November, then the district’s board members will be elected in November and take office at the beginning of January; and any proposal for additional funds above the school district’s tax levy cap would also be presented to the voters at that time. A district that has moved its annual school election to November would not require voter approval for its base budget, which is a budget with a proposed tax levy that does not exceed its tax levy cap. If the date of the annual school election is moved to November, then a district may not move the school election to the third Tuesday in April until at least four annual school elections have been held in November.

In the case of local school districts which are constituent districts of a limited purpose regional school district, each of those local school districts must approve moving the annual school election to November in order for any of those districts to move the date of the election. In the event that each of the constituent districts approve moving the election to November, then the date of the annual school election of the limited purpose regional school district will also be moved to November.

A school district that moves its annual school election to November will continue to be required to submit is budget to the Commissioner of Education for approval. If, however, a district determines when it is preparing its budget to seek voter approval for additional funds over its tax levy growth limitation, that district will submit a temporary budget to the commissioner. The temporary budget may not exceed the district’s tax levy growth limitation calculated pursuant to P.L.2007, c.62 (C.18A:7F-37 et al.).

If the voters approve the proposal for additional spending, the board of education will submit the resulting final budget to the commissioner and the tax levy for the school year will be recertified to reflect the additional amount. The bill directs the Commissioner of the Department of Community Affairs, in consultation with the Commissioner of Education, to establish procedures for the delivery of estimated tax bills for districts adopting a temporary budget and any necessary subsequent recertification of the school tax levy. If the voters disapprove the proposal for additional funds, the district’s temporary budget will be its final budget for that school year.

This bill does not alter the process for the approval of budgets for school districts which conduct their annual school election on the third Tuesday in April. The bill also does not alter budget approval in Type I school districts. In Type I districts the board of education submits the district budget to a board of school estimate for approval. If the board of school estimate reduces the district’s proposed budget, the district may appeal the reduction to the Commissioner of Education. These districts will also continue to submit proposals for additional funds over their tax levy cap to the board of school estimate for approval.