Bill Text: NJ A4126 | 2022-2023 | Regular Session | Introduced
Bill Title: Eliminates US citizenship requirement for student representatives on boards of trustees of certain public institutions of higher education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-02 - Introduced, Referred to Assembly Higher Education Committee [A4126 Detail]
Download: New_Jersey-2022-A4126-Introduced.html
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
Eliminates US citizenship requirement for student representatives on boards of trustees of certain public institutions of higher education.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student representatives on the boards of trustees of certain public institutions of higher education and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1986, c.139 (C.18A:64-3.1) is amended to read as follows:
1. The board of trustees of any State college established pursuant to chapter 64 of Title 18A of the New Jersey Statutes shall provide for the election of two student representatives as provided herein, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older [and citizens of the United States], to be elected by the students in the manner provided herein to serve on the board of trustees of that college for terms of two years commencing at the next organization of the board.
a. In order to implement the provisions of this section, each board of trustees shall schedule a public hearing on the question of the student election. After the public hearing, the board, at its regularly scheduled meeting in March following the effective date of this act, shall determine whether the students are to be elected by the student body at large or by the members of the student government association. Except that, for Thomas [A.] Edison State [College] University, the method of the selection and the designation of eligible academic status of the student representatives shall be determined by the board of that college.
b. For the first election held pursuant to this section, one student shall be elected for a one year term as a full voting member, and one student shall be elected for two years, but shall serve as an alternate member during the first year and as a voting member during the second year.
At each subsequent election, one student shall be elected for two years, but shall serve during the first year as an alternate member, and as a voting member during the second year.
Any vacancies which occur shall be filled by the student governing body for the unexpired term only.
c. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.
d. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:
(1) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment,
evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting.
(2) Any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed.
(3) Any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.
e. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.
(cf: P.L.1994, c.48, s.95)
2. Section 40 of P.L.2012, c.45 (C.18A:64M-8) is amended to read as follows:
40. The board of trustees of the university shall provide for the election of two student representatives, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older [and citizens of the United States]. The student representatives shall be elected by the members of the student government association to serve on the board of trustees for terms of two years commencing at the next organization of the board.
a. A student shall be elected for a two-year term, but shall serve during the first year as an alternate member, and as a voting member during the second year.
Any vacancies which occur shall be filled by the student governing body for the unexpired term only.
b. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.
c. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:
(1) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;
(2) Any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed; and
(3) Any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.
d. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.
(cf: P.L.2012, c.45, s.40)
3. Section 8 of P.L.2017, c.178 (C.18A:64N-8) is amended to read as follows:
8. The board of trustees of the university shall provide for the election of two student representatives, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older [and citizens of the United States]. The student representatives shall be elected by the members of the student government association to serve on the board of trustees for terms of two years commencing at the next organization of the board.
a. A student shall be elected for a two-year term, but shall serve during the first year as an alternate member, and as a voting member during the second year.
Any vacancies which occur shall be filled by the student governing body for the unexpired term only.
b. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.
c. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:
(1) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;
(2) Any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed; and
(3) Any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.
d. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.
(cf: P.L.2017, c.178, s.8)
4. Section 8 of P.L.2021, c.282 (C.18A:64O-8) is amended to read as follows:
8. The board of trustees of the university shall provide for the election of two student representatives, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older [and citizens of the United States]. The student representatives shall be elected by the members of the student government association to serve on the board of trustees for terms of two years commencing at the next organization of the board.
a. A student shall be elected for a two-year term, but shall serve during the first year as an alternate member, and as a voting member during the second year.
Any vacancies which occur shall be filled by the student governing body for the unexpired term only.
b. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.
c. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:
(1) any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;
(2) any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed; and
(3) any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise the attorney's ethical duties as a lawyer.
d. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.
(cf: P.L.2021, c.282, s.8)
5. This act shall take effect immediately.
STATEMENT
This bill eliminates the citizenship requirement for student representatives on boards of trustees of certain public institution of higher education.
Under current law, the boards of trustees of the State colleges and three of the State's public research universities, Rowan University, Montclair State University, and Kean University, are required to include two student representatives elected by the student body or student government association, as applicable. Currently, the statutes governing these public institutions of higher education require each student representative to be a citizen of the United States. Under this bill, a student representative would no longer be required to be a United States citizen.
