Bill Text: NJ A2690 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits public referendum on certain bond ordinances in municipalities operating under the Walsh Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-08 - Introduced, Referred to Assembly Housing and Local Government Committee [A2690 Detail]
Download: New_Jersey-2012-A2690-Introduced.html
Sponsored by:
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
Assemblyman CHRIS A. BROWN
District 2 (Atlantic)
SYNOPSIS
Permits public referendum on certain bond ordinances in municipalities operating under the Walsh Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain bond ordinances by local units and amending R.S.40:74-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:74-5 is amended to read as follows:
40:74-5. If within 20 days after the final passage of an ordinance, except ordinances, or any portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, as defined in section 3 of the New Jersey Employer-Employee Relations Act, P.L.1941, c.100 (C.34:13A-3), or ordinances authorizing an improvement or the incurring of an indebtedness, other than for current expenses, where other requirements are [made by law] provided for under R.S.40:49-27, or ordinances not subject to referendum pursuant to N.J.S.40A:2-18, or ordinances which by their terms or by law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the subject matter thereof, a petition signed by electors of the municipality equal in number to at least 15% of the entire vote cast at the last preceding general election at which members of the General Assembly were elected protesting against the passage of such ordinance, be presented to the board, it shall thereupon be suspended from going into operation and the board of commissioners shall reconsider the ordinance within 20 days of the presentation of the petition to the board. If the ordinance is not entirely repealed, the board shall submit it, in the manner provided in paragraph b. of R.S.40:74-14 and R.S.40:74-15 to R.S.40:74-18 to the vote of the electors of the municipality. The ordinance shall be submitted either at the next general election or regular municipal election, whichever shall first occur, not less than 40 days from the final date for withdrawal of the petition as provided for in this section, except that if no such election is to be held within 90 days of that date, a special municipal election shall be called for that purpose, and be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in this section. An ordinance so submitted shall not become operative unless a majority of the qualified electors voting on the ordinance shall vote in favor thereof.
The names and addresses of five voters, designated as the Committee of the Petitioners, shall be included in the petition. If within 10 days after final adverse action by the board or after the expiration of the time allowed for board action, as the case may be, a written request, signed by at least four of the five members of the Committee of the Petitioners, is filed with the municipal clerk requesting that the petition be withdrawn, the petition shall have no effect.
(cf: P.L.1982, c.145, s.9)
2. This bill shall be effective immediately.
STATEMENT
This bill would amend R.S.40:75-5, a section of the "Walsh Act," to clarify the understanding and application of debt-authorization referendum procedures to require bond ordinances in municipalities operating under the Walsh Act which authorize refunding bonds, improvements and the incurring of an indebtedness (except for current expenses and expenses regarding the compensation of municipal employees) to be subject to debt-authorization referendum procedures provided under R.S.40:49-27, a section of the "Home Rule Act."
This clarification is consistent with current case law as well as the Appellate Division's unpublished February 2012 decision concerning a Margate City ordinance. In the Margate City case, the Appellate court concluded that the phrase, "where other requirements are made by law," included by the 1937 revision to N.J.S.A.40:74-5 should be construed to codify the long-standing holding of Wethling v. Board of Commissioners of the City of Orange, 94 N.J.L. 36 (Sup. Ct. 1920) that the referendum provisions of the Home Rule Act govern a petition for a public referendum regarding an ordinance authorizing an indebtedness in a municipality operating under the Walsh Act.
