SENATE STATE GOVERNMENT COMMITTEE

STATEMENT TO

SENATE, No. 998

with committee amendments

STATE OF NEW JERSEY

DATED: JANUARY 23, 1997

      The Senate State Government Committee reports favorably and with committee amendments Senate Bill No. 998.

      Current State law prohibits a person from simultaneously holding more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Congress, member of the Legislature, county clerk, register, surrogate or sheriff. It expressly permits a person to hold simultaneously an elective county office and an elective municipal office and allows a member of the Legislature to hold elective or appointive office in county or municipal government.

      This bill would amend existing law to prohibit any person from simultaneously holding more than one of the enumerated federal or State offices or a county, municipal or school district elective office or the appointive position of member of a board of education of a Type I school district. It would prohibit a person from holding simultaneously an elective county office and an elective municipal office, but it retains the statutory provision allowing a member of the Legislature to hold an appointed county or municipal government position. Exempt from the prohibition would be a person serving as a member of a local board of education and of a regional board of education at the same time, and a person serving as a local board of education representative on a receiving district board of education at the same time.

      The bill permits any person who, on the date it takes effect, holds more than one of the elective offices to which its provisions apply to continue to hold those offices as long as service in the offices is continuous. It also provides that, in the case of members of the Legislature, the election or selection of a member of one House to serve in the other House shall be deemed as continuous service.

      The Senate State Government Committee reports favorably Senate Bill No. 998.

COMMITTEE AMENDMENTS

      The committee amended the bill to exempt from the prohibition on holding more than one office at the same time any person serving as: 1) a member of a local board of education and of a regional board of education at the same time; and 2) a local board of education representative on a receiving district board of education at the same time.