A1188

An Act to provide for the submission to the voters of the State of a nonbinding referendum to ascertain their sentiment with respect to revising New Jersey's system of funding public education and making an appropriation.

Whereas, In the 1994-95 school year, it is estimated that approximately 59% of the funding for elementary and secondary public school education in New Jersey will come from local property taxes; and

Whereas, The New Jersey Supreme Court, in its July 12, 1994 Abbott v. Burke ruling, found this State's current system of public school funding to be unconstitutional and has ordered the State to achieve per pupil regular education spending parity for students in the special needs districts by the 1997-98 school year; and

Whereas, The Supreme Court also recognized in its ruling that the responsibility for ensuring that the education which is provided to all students within school districts is "thorough and efficient" is a State responsibility and cannot be left to the taxing discretion of local officials; and

Whereas, Currently, New Jersey has the second highest per-capita property tax in the nation, ranking only behind New Hampshire, a State which has no sales tax or income tax; and

Whereas, The property tax is widely recognized as the most regressive tax in the State with its burden falling disproportionately on middle and lower income families; and

Whereas, Rather than the State assuming an increasing share of total educational expenditures in order to alleviate the property tax burden shouldered by its citizens, the State share of educational expenditures has in fact been declining relative to the share of those expenditures financed on the local level; and

Whereas, In view of the present crisis in educational funding, it is both timely and appropriate that the State present to its citizens alternatives to the existing public school funding mechanism which has proven itself to be unpopular and problematic; now, therefore,

1. In order to ascertain the sentiment of the people of the State as to whether the Legislature should revise the system for funding public school education to decrease that system's reliance upon the local property tax the following public question shall be submitted to the people at the general election to be held in November, 1995, in the manner provided by this act and by Title 19 of the Revised Statutes for submission to the people of public questions to be voted upon by the voters of the entire State, and it shall be the duty of the Secretary of State to arrange for the submission of the public question in accordance with the provisions of this act and of Title 19 of the Revised Statutes, of which submission the same notice shall be given, if possible, as is required by law of that election and the people of the State may at that election vote for or against the question in the following manner.

2. There shall be included on each sample and official ballot the instructions set forth below on voting on the nonbinding referendum:

If you favor the question printed below make a cross (X), plus (+) or check (•) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word "No."

If voting machines are used, a vote of "Yes" or "No" shall be the equivalent to the markings, respectively.

		REVISION OF NEW JERSEY'S SYSTEM OF FUNDING PUBLIC SCHOOLS
	YES	Shall the Legislature revise the State's current system for funding public school education to decrease that system's reliance on the local property tax?
		INTERPRETIVE STATEMENT
	NO	This nonbinding public question asks the voters of this State to express their opinion on whether the Legislature should revise the current system for funding public school education to decrease that system's reliance upon the local property tax.

3. The votes "Yes" and "No," by ballot or voting machine, shall be counted and the result thereof returned by the election officer, and a canvass of the election had in the same manner now as is provided for by law in the case of the election of a Governor, and the approval or disapproval of this question so determined shall be declared in the same manner as the result of an election for a Governor.

4. There is appropriated the sum of $5,000 to the Department of State for expenses in connection with the publication of notice pursuant to section 1 of this act.

This bill provides for a nonbinding referendum to ascertain the sentiment of the voters of this State with regard to the funding of public school education. Specifically, the public question which would be submitted to the voters at the November, 1995 general election, would ask the voters if they feel the Legislature should revise the current system of public school funding to decrease that system's reliance upon the local property tax.

In light of the fact that the New Jersey Supreme Court held in its July, 1994 Abbott v. Burke decision that New Jersey's current system for funding public education is unconstitutional and has ordered that the system be revised by the 1997-98 school year, as well as the fact that the public has repeatedly expressed its disatisfaction with the property tax increases which have been necessary to fund educational expenses as the State share of such expenses has declined, it would appear to be not only appropriate but critical that the State solicit the view of its voters on the most equitable mechanism for funding the public schools.

Provides for a nonbinding referendum on revising the State's system of funding public education; appropriates $5,000.