Bill Text: NJ A1539 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits public question on adoption of optional plan of municipal government at special election.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A1539 Detail]
Download: New_Jersey-2024-A1539-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Prohibits public question on adoption of optional plan of municipal government at special election.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning timing of public question on adoption of optional plan of municipal government and amending P.L.1950, c.210.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1-15 of P.L.1950, c.210 (C.40:69A-15) is amended to read as follows:
1-15. If the charter commission shall recommend that the question of adopting one of the optional plans of government authorized by this act shall be submitted to the voters of the municipality, it shall be the duty of the municipal clerk to cause the question of adoption or rejection to be placed upon the ballot at such time as the commission shall in its report specify. The commission may cause the question to be submitted to the people at the next general or regular municipal election, occurring not less than 60 days following the filing of a copy of the commission's report with the clerk [, or at a special election occurring not less than 60 days or more than 120 days after the filing of the report, at such time as the commission's report shall direct]. At such election the question of adopting that plan of government recommended by the charter commission shall be submitted to the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality. The charter commission shall frame the question to be placed upon the ballot as provided in section 1-14 and, if it deems appropriate, an interpretative statement to accompany such question.
(cf: P.L.1981, c.465, s.4)
2. Section 1-20 of P.L.1950, c.210 (C.40:69A-20) is amended to read as follows:
1-20. The municipal clerk shall provide for the submission of the question at the next general or regular municipal election if one is to be held not less than sixty days nor more than one hundred twenty days after the filing of the petition, and if a general or regular municipal election is not to be held within that time, at [a special election within such time] the subsequent general or regular municipal election. The question of adoption of an optional plan of government shall be submitted to the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality.
(cf: P.L.1950, c.210, s.1-20)
3. This act shall take effect immediately, and shall be retroactive
to January 1 of the year in which enacted.
STATEMENT
This bill would amend the "Optional Municipal Charter Law," P.L.1950, c.210 (C.40:69A-1 et seq.) so that a municipal charter commission may not direct a public question on adopting an optional plan of municipal government to be submitted to the voters at a special election. The bill would permit an optional plan of municipal government to be submitted to the voters at a general or regular municipal election, as long as the report of the municipal charter commission is filed with the municipal clerk at least 60 days prior to the election. If this deadline is missed, the public question would appear at the subsequent general or regular election.
The bill would take effect immediately, and would be retroactive to January 1of the year of enactment.
