S3039

An Act concerning school budgets and amending N.J.S.18A:13-19, N.J.S.18A:22-37, and R.S.54:4-45.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.18A:13-19 is amended to read as follows:

18A:13-19. a. If the voters reject any of the items submitted at the annual election, within two days thereafter the board of education of the regional district shall certify to the governing body of each municipality, included within the regional district, the item or items so rejected, and such governing bodies, after consultation with the board, and no later than May 19 shall determine the amount or amounts for the ensuing school year and cause the same to be certified by the respective municipal clerks to the board of education of the regional district. The board and the governing bodies shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5) and N.J.S.18A:22-37.

b. Notwithstanding the provisions of subsection a. of this section to the contrary, whenever the Commissioner of Education changes the annual school election date pursuant to section 1 of P.L.1995, c.278 (C.19:60-1), the commissioner shall change the deadline set forth in subsection a. of this section by which date the governing bodies are required to determine the amount for the ensuing school year and cause the same to be certified to the board of education of the regional district. The commissioner in changing the deadline shall ensure that the number of calendar days from the changed date of the annual school election to the deadline is no less than the number of calendar days from the third Tuesday of April to May 19 of that calendar year.

(cf: P.L.1996, c.138, s.48)

2. N.J.S.18A:22-37 is amended to read as follows:

18A:22-37. If the voters reject any of the items submitted at the annual school election, the board of education shall deliver the proposed school budget pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) to the governing body of the municipality, or of each of the municipalities included in the district within two days thereafter. The governing body of the municipality, or of each of the municipalities, included in the district shall, after consultation with the board, and by May 19, determine the amount which, in the judgment of the body or bodies, is necessary to be appropriated for each item appearing in the budget, pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) and certify to the county board of taxation the totals of the amount so determined to be necessary for each of the following:

a. General fund expenses of schools; or

b. Appropriations to capital reserve account.

Within 15 days after the governing body of the municipality or of each of the municipalities included in the district shall make the certification to the county board of taxation, the board of education shall notify the governing body or bodies if it intends to appeal to the commissioner pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) the amount which the body or bodies determined to be necessary to be appropriated for each item appearing in the proposed school budget.

Notwithstanding the provisions of this section to the contrary, whenever the Commissioner of Education changes the annual school election date pursuant to section 1 of P.L.1995, c.278 (C.19:60-1), the commissioner shall change the deadline set forth in this section by which date the governing body of the municipality or of each of the municipalities included in the district is required to determine the amount necessary to be appropriated for each item appearing in the budget, and certify to the county board of taxation the totals of the amount so determined. The commissioner in changing the deadline shall ensure that the number of calendar days from the changed date of the annual school election to the deadline is no less than the number of calendar days from the third Tuesday of April to May 19 of that calendar year.

(cf: P.L.1996, c.138, s.59)

3. R.S.54:4-45 is amended to read as follows:

54:4-45. The clerk or other proper officer of each school district in which the annual appropriations for school purposes to be raised by taxation, are voted by the inhabitants of the school district, shall, on or before May 19 in each year or such other date as determined by the Commissioner of Education pursuant to N.J.S.18A:13-19 or N.J.S.18A:22-37, transmit to the county board of taxation a certified statement of the amount of moneys appropriated for school purposes, which shall include interest to be paid, principal payments of indebtedness, and sinking fund requirements for the school year for which such appropriations are made, to be raised by taxation in the school district.

(cf: P.L.1995, c.94, s.3)

4. This act shall take effect immediately.

STATEMENT

Under current law, if the voters reject any item submitted at the annual school election on the third Tuesday in April, then the governing body of the municipality or the governing body of each of the municipalities included in the district must determine by May 19 the amount which, in the judgment of the body or bodies, is necessary to be appropriated for each item appearing in the budget, and certify to the county board of taxation the totals of the amount so determined. The Commissioner of Education is required pursuant to section 1 of P.L.1995, c.278 (C.19:60-1) to change the date of the annual school election if that date coincides with a period of religious observance. This bill provides that whenever the commissioner changes the date of the annual school election pursuant to that law, the commissioner must also change the May 19th deadline. The bill provides further that the commissioner must ensure that the changed deadline provides the municipal body or bodies the same number of days to make the determination on the amount necessary to be appropriated as would have been provided in that year if the date of the annual school election had not been changed and the May 19 deadline was still in place.