Bill Text: NJ S3860 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires school district capital project referendums to be voted on at primary or general elections, or certain municipal or special elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-18 - Introduced in the Senate, Referred to Senate Education Committee [S3860 Detail]
Download: New_Jersey-2024-S3860-Introduced.html
Sponsored by:
Senator DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
SYNOPSIS
Requires school district capital project referendums to be voted on at primary or general elections, or certain municipal or special elections.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring school district capital project referendums to be voted on at certain elections, amending N.J.S.18A:22-39 and P.L.1995, c.278, and supplementing chapter 23 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:22-39 is amended to read as follows:
18A:22-39. Whenever the undertaking of any capital project or projects to be paid for from the proceeds of an issue or issue of bonds is submitted to the voters of a type II district [at an annual or special school] for their approval or disapproval, they shall be submitted at a June primary election or a November general election and the board shall frame and adopt by a recorded roll call majority vote of its full membership the question or questions to be submitted so that each project is submitted in a separate question, or all or any number of them are submitted in one question, which shall state the project or projects so submitted and the amounts to be raised for each of the projects so separately submitted or for each or for all of the projects so jointly submitted, as the case may be, but any proposal for the purchase of land shall be sufficient to authorize the taking and condemning of such land. If the project is to be constructed by the New Jersey Schools Development Authority or a redevelopment entity or by the district with a grant pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the referendum shall, when framed as a single question, request approval for the local share and shall disclose the final eligible costs of the project as approved by the commissioner pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) and in the case of a demonstration project pursuant to sections 5 and 6 of P.L.2000, c.72 (C.18A:7G-5 and C.18A:7G-6), and, if applicable, the amount of any costs of the project which are in addition to the final eligible costs. If the school facilities project is not to be constructed by the New Jersey Schools Development Authority or a redevelopment entity or by the district with a grant pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the referendum shall, when framed as a single question, request approval for the total costs of the project, shall disclose State debt service aid for the project and, if applicable, the amount of any costs of the project which are in addition to the final eligible costs of the project. When a project is framed in more than one question, a summary shall be included in the explanatory statement which accompanies the questions that includes the total costs of the project, total State debt service aid, and, if applicable, the amount of the costs of the project which are in addition to the final eligible costs of the project, and any individual question containing costs in addition to the final eligible costs shall include the amount of those additional costs.
The statement of additional costs in any ballot question and in any explanatory statement that accompanies a ballot question shall describe the additional costs as follows: "This project includes $(insert amount) for school facility construction elements in addition to the facilities efficiency standards developed by the Commissioner of Education."
(cf: P.L.2007, c.137, s.50)
2. Section 2 of P.L.1995, c.278 (C.19:60-2) is amended to read as follows:
2. a. Except as otherwise provided pursuant to subsection c. of this section, the board of education of a type II district may call a special election of the legal voters of the district on only the fourth Tuesday in January, the second Tuesday in March, the last Tuesday in September, or the second Tuesday in December when in its judgment the interests of the schools require such an election. The board of education shall give the municipal clerk or clerks, as the case may be, and the county board of elections no less than 60 days' notice, in writing, of its intention to hold a special election.
b. No business shall be transacted at any special election except such as shall have been set forth in the notices by which the election was called. School district capital project referendums shall not be held on the special election dates pursuant to subsection a. of this section, but shall only be held during the June primary election or the November general election pursuant to N.J.S.18A:22-39, unless a special election is being called pursuant to subsection a. of this section for another purpose. A school district capital project referendum may also be held during a municipal or special election being held pursuant to Title 19 of the Revised Statutes for another purpose, when that election includes all of the legal voters of the school district.
c. The Commissioner of Education may change in any school year any date authorized for a special school election pursuant to subsection a. of this section if that date coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers or if the date authorized for a special school election falls within 45 days of the primary election or the General Election. The commissioner shall inform local school boards, county clerks, and boards of election of the adjustment no later than the first working day in January of the year in which the adjustments are to occur.
As used in this section
"a period of religious observance" means any day or portion thereof
on which a religious observance imposes
a substantial burden on an individual's ability to vote.
(cf: P.L.2023, c.124, s.12)
3. Section 4 of P.L.1995, c.278 (C.19:60-4) is amended to read as follows:
4. The secretary of each board of education shall, not later than 10 o'clock a.m. of the 18th day preceding the annual April school election or the 60th day preceding a special school election, make and certify and forward to the clerk of the county in which the school district is located a statement designating the public question to be voted upon by the voters of the district which may be required pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et al.) or Title 18A of the New Jersey Statutes.
The secretary of each board of education 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), not later than 10 o'clock a.m. of the 74th day preceding the November school election, shall make and certify and forward to the clerk of the county in which the school district is located a statement designating any public question to be voted upon by the voters of the district which may be required pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et al.) or Title 18A of the New Jersey Statutes.
Notwithstanding any provision of this section, or any other law, rule, or regulation to the contrary, the secretary of each board of education of a school district in which school capital project referendums are voted on during a June primary election or a November general election, pursuant to N.J.S.18A:22-39, shall not later than 10 o'clock a.m. of the 74th day preceding the June primary election or November general election, make and certify and forward to the clerk of the county in which the school district is located a statement designating the question to be voted upon by the voters of the district as required pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et al.) or Title 18A of the New Jersey Statutes.
(cf: P.L.2023, c.124, s.13)
4. (New Section) The Secretary of State, in consultation with the county clerk of each county, shall determine the manner in which school capital project referendum questions are to be displayed on the primary election ballots, if there is a school capital project referendum held during a June primary election.
5. This act shall take
effect immediately.
STATEMENT
This bill requires school district capital project referendums to be voted on only during the June primary elections and the November general elections. Under current law, a school district capital project referendum may take place during an annual or special school election. An annual school election may be held in April or November, and a special election may be held on the fourth Tuesday in January, the second Tuesday in March, the last Tuesday in September, or the second Tuesday in December. This bill will mandate that school district capital project referendums may only be held during the June primary elections or the November general elections, during an already occurring special election being held for another purpose, or during a municipal election held regularly outside of the June primary election and November general election, when that election includes all of the legal voters of the school district. The bill also requires the Secretary of State to coordinate with the county clerk of each county on how the school district capital project referendum questions are to be displayed on a June primary election ballot.
