ASSEMBLY, No. 295
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROONEY
AN ACT concerning nonbinding county or municipal referenda and amending R.S.19:37-1 and P.L.1967, c.101.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:37-1 is amended to read as follows:
19:37-1. When the governing body of any municipality or of any county desires to ascertain the sentiment of the legal voters of the municipality or county upon any question [or policy] pertaining to the government or public policy of this State or of the particular municipality or county, or to the governance, operation or policy of any school district or independent authority or commission which serves all or any portion of the particular municipality or county, or pertaining to the internal affairs [thereof] of the particular municipality or county, and there is no other statute by which the sentiment can be ascertained by the submission of such question to a vote of the electors in the municipality or county at any election to be held therein, the governing body may adopt at any regular meeting an ordinance or a resolution requesting the clerk of the county to print upon the official ballots to be used at the next ensuing general election a certain proposition to be formulated and expressed in the ordinance or resolution in concise form. Such request shall be filed with the clerk of the county not later than 74 days previous to the election.
(cf: P.L.1985, c.92, s.29)
2. Section 2 of P.L.1967, c.101 (C.19:37-1.1) is amended to read as follows:
2. Whenever a governing body of a municipality has adopted an ordinance or resolution pursuant to [section] R.S.19:37-1 [of the Revised Statutes], upon the presentation to the governing body of such municipality of a petition signed by 10% or more of the voters registered and qualified to vote at the last general election in such municipality, requesting the governing body of such municipality to ascertain the sentiment of the legal voters of the municipality upon any question [or policy] pertaining to the government or public policy of this State or of the particular municipality or county, or to the governance, operation or policy of any school district or independent authority or commission which serves all or any portion of the particular municipality or county, or pertaining to the internal affairs [thereof] of the particular municipality or county, that is reasonably related to any proposition formulated and expressed in such ordinance or resolution, such governing body of the municipality shall thereupon adopt at its next regular meeting following the presentation of such petition a resolution requesting the clerk of the county to print upon the official ballots to be used at the next ensuing general election a certain proposition as formulated and expressed in the petition. Such request shall be filed with the clerk of the county not later than the 60th day previous to the election.
(cf: P.L.1985, c.92, s.30)
3. This act shall take effect immediately.
STATEMENT
This bill expands the category of propositions which the governing body of a county or municipality may submit to the voters of the jurisdiction in a nonbinding referendum.
Under current law, such nonbinding referenda are authorized only with respect to questions "pertaining to the government or the internal affairs" of the particular county or municipality. This qualification has been interpreted by the courts, most recently in Bd. of Chosen Freeholders v. Szaferman, 117 N.J. 94 (1989), as limiting the scope of these referenda to subjects actually encompassed within the specific jurisdictional powers of the county or municipality, irrespective of whether or not a question proposed for submission involves subject matter in which the jurisdiction has a financial or other interest.
Under the bill, a municipality or county is authorized to hold a nonbinding referendum on any question pertaining to the government or public policy of the State, as well as that of the particular municipality or county, and also on a question pertaining to the governance, operation or policy of any school district or independent authority or commission which serves all or any portion of the particular municipality or county.
The intent of the legislation is to promote the use of municipal and county non-binding referenda as a means of assessing the sentiment and will of the people on matters which, directly or indirectly, affect them. These referenda are the principal means currently available by which popular opinion can be authoritatively expressed on particular issues of public policy. In view of the impact which budgetary constraints at the State level now have on local fiscal conditions, and of the public's increasing concern over environmental, educational and other significant matters which are not within the exclusive regulatory jurisdiction of county and municipal governments, it is important that the scope of these referenda be expanded so that elected officials at all levels of government have a better opportunity to receive the input which the referenda provide.
Expands category of propositions which governing body of a county or municipality may submit to voters in a nonbinding referendum.