Bill Text: NJ A3368 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires Commissioner of Education to oversee, or to authorize the New Jersey School Boards Association to oversee, Statewide interscholastic sports programs.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-10-07 - Introduced, Referred to Assembly Regulatory Oversight and Gaming Committee [A3368 Detail]
Download: New_Jersey-2010-A3368-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
Assemblywoman SHEILA Y. OLIVER
District 34 (Essex and Passaic)
SYNOPSIS
Requires Commissioner of Education to oversee, or to authorize the New Jersey School Boards Association to oversee, Statewide interscholastic sports programs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning Statewide interscholastic sports programs, revising parts of the statutory law, and supplementing chapter 6 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (New section) The Commissioner of Education shall oversee, or he may authorize the New Jersey School Boards Association to oversee, the activities associated with Statewide interscholastic sports programs for students enrolled in grades 9 through 12 in a public or nonpublic school.
b. In the event that the commissioner oversees Statewide interscholastic sports programs, the commissioner may charge a public secondary school or a nonpublic secondary school which participates in the program an annual membership fee. In the event that the commissioner determines to charge an annual membership fee, the fee for that initial year shall not exceed the membership fee charged by the New Jersey State Interscholastic Athletic Association for the last school year in which the association oversaw Statewide interscholastic sports programs. In any subsequent school year the fee shall not exceed the membership fee in the prior school year multiplied by 1 plus the CPI, as defined in section 1 of P.L.2007, c.41 (C.18A:11-3.1). The fee shall be used by the commissioner solely for the purpose of operating and overseeing Statewide interscholastic sports programs.
2. (New section) a. In addition to the powers granted to the New Jersey School Boards Association pursuant to N.J.S.18A:6-49, the association, if authorized by the Commissioner of Education pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall oversee the activities associated with Statewide interscholastic sports programs.
b. In the event that the commissioner designates the association to oversee Statewide interscholastic sports programs, the association shall not:
(1) charge a public secondary school a fee to participate in the Statewide interscholastic sports program beyond the membership dues assessed by the association pursuant to N.J.S.18A:6-50; and
(2) charge a nonpublic secondary school which participates in the Statewide interscholastic sports program a fee for the initial year that the association oversees the program which exceeds the membership fee charged by the New Jersey State Interscholastic Athletic Association for the prior school year. In any subsequent year the fee shall not exceed the prior school year fee multiplied by 1 plus the CPI, as defined in section 1 of P.L.2007, c.41 (C.18A:11-3.1). The fee shall be used by the association solely for the purpose of operating and overseeing Statewide interscholastic sports programs.
c. The association shall record the minutes of every meeting concerning the operation of Statewide interscholastic sports programs, and transmit the minutes to the commissioner or his designee who shall acknowledge the receipt of the minutes by his signature. No action taken at such meeting by the association shall have force or effect until 15 days after the minutes have been delivered unless during that 15-day period the commissioner approves the minutes, in which case the action shall become effective upon approval. If in that 15-day period the commissioner returns the minutes with veto of any action taken by the association or any member thereof at the meeting, the action shall be null and void and of no effect.
3. (New section) a. The rules and regulations promulgated by the New Jersey State Interscholastic Athletic Association shall remain in full force and effect unless subsequently revised by the commissioner or the New Jersey School Boards Association, as applicable, following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill). In the event that the commissioner designates the New Jersey School Boards Association to oversee Statewide interscholastic sports programs, any amendment to a rule or regulation shall be effective not less than 20 days after its submission to the commissioner; except that the amendment shall not take effect if in that 20-day period the commissioner disapproves the amendment.
b. Any appeal of a rule or regulation promulgated by the commissioner or the association, as applicable, pursuant to subsection a. of this section shall be made directly to the Superior Court, Appellate Division.
4. (New section) On or before September 1 of each school year, the commissioner or association, as applicable, shall prepare a report for the prior school year detailing the commissioner's or association's oversight of the operating and financial activities of Statewide interscholastic sports programs.
5. N.J.S.18A:6-50 is amended to read as follows:
18A:6-50. For the purpose of defraying the necessary expenses of the association, the various district boards shall pay the necessary expenses incurred by its delegates, and shall appropriate annually such sums for dues as may be assessed by the association at any delegates meeting. The assessment of dues shall be made upon a graduated scale and shall be made only upon two-thirds vote of the delegates present at such delegates meeting, after notice of the taking of such vote shall have been given to each district board in writing at least 60 days before such delegates meeting. However, the dues assessed any board of education shall not be increased for any year by more than 33 1/3% of the dues assessed that board during the preceding year. In the event that the Commissioner of Education designates the association to oversee Statewide interscholastic sports programs pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the association shall not factor any costs associated with overseeing Statewide interscholastic sports programs into the membership dues assessed a board of education. Dues shall be payable by the board secretary or treasurer of school moneys, as appropriate, of the school district to the treasurer of the association.
(cf: P.L.2010, c.39, s.4)
6. Section 1 of P.L.2007, c.41 (C.18A:11-3.1) is amended to read as follows:
1. a. As used in this section:
"CPI" means the average annual increase, expressed as a decimal, in the consumer price index for the New York City and Philadelphia areas during the fiscal year preceding the prebudget year as reported by the United States Department of Labor.
b. [A public school district shall not join pursuant to section 1 of P.L.1979, c.172 (C.18A:11-3), any voluntary association which oversees activities associated with Statewide interscholastic sports programs if] The Commissioner of Education or the New Jersey School Boards Association, if designated by the commissioner to oversee Statewide interscholastic sports programs, shall not:
(1) [the association charges] charge a cable television company an increased licensing fee, rate, assessment or other consideration for the broadcast of playoff games over local access or local originating channels, or both, compared to the licensing fee, rate, assessment or other consideration charged by the school district or nonpublic school for the broadcast of regular season games over local access or local originating channels, or both;
(2) [the association requires] charge increased ticket prices for attendance at playoff games compared to regular season games, unless the playoff game is held at a location other than a public or nonpublic school and the increased ticket prices are deemed necessary by the Commissioner of Education. In the event that a playoff game is for a sport which does not charge admission for regular season games, the commissioner or association, as applicable, shall not charge adult ticket prices for the playoff game which exceed the average cost of adult ticket prices charged by the public or nonpublic school hosting the playoff game for sports for which admission is charged for regular season games.
The commissioner or association, as applicable, shall make every effort to ensure that a playoff game is held at a public or nonpublic school and shall only hold a playoff game at a location other than a public or nonpublic school if: the commissioner deems the location is necessary to address issues concerning crowd capacity or security; the location provides the student-athlete with a unique interscholastic athletic experience; or the location does not require an increase in ticket prices compared to regular season games. In the event that the playoff game is held at a location other than a public or nonpublic school and the commissioner deems an increase in playoff ticket prices is necessary to offset rental, staffing, security, or insurance costs specific to the location site, [a public school district shall not join an association that increases] the commissioner or association, as applicable, shall not increase adult ticket prices by more than 200% of the cost of the highest adult ticket prices for the regular season games charged by any of the public school member teams of the athletic conference that is located in closest proximity to the playoff game location, regardless of whether or not any of the playoff teams are members of that athletic conference; and in the event that two or more athletic conferences are equal in distance to the playoff game location, by not more than 200% of the cost of the highest adult ticket prices for regular season games charged by any of the public school member teams of those athletic conferences. [Notwithstanding the provisions of this paragraph to the contrary, the commissioner may allow a public school district to join an association that charges in excess of the amount herein provided if the association demonstrates to the commissioner that the increased ticket prices are required to offset rental, staffing, security, or insurance costs specific to the location site] In the event that a playoff game for a sport which does not charge admission for regular season games is held at a location other than a public or nonpublic school, the commissioner or association, as applicable, shall not charge adult ticket prices for the playoff game which exceed the average cost of adult ticket prices charged by the public school member teams of the athletic conference or conferences that are located in closest proximity to the playoff game location, regardless of whether or not any of the playoff teams are members of those athletic conferences, for sports for which the schools charge admission for regular season games.
In no event shall the commissioner deem an increase in ticket prices for senior citizens or children to be necessary;
(3) [the association charges a membership fee for the 2009-2010 school year which exceeds the membership fee for the 2008-2009 school year multiplied by 1 plus the CPI, and in any subsequent school year charges a membership fee that exceeds the prior school year fee multiplied by 1 plus the CPI, unless the Commissioner of Education deems a greater increase in the membership fee is necessary;] Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
(4) [the association charges] charge members an entry fee for teams or individuals competing in playoff games for the [2009-2010 school year] initial year that the commissioner or association oversees interscholastic athletics which exceeds the entry fee charged by the New Jersey State Interscholastic Athletic Association for the [2008-2009] prior school year multiplied by 1 plus the CPI, and in any subsequent school year charges members an entry fee that exceeds the prior school year fee multiplied by 1 plus the CPI, unless the Commissioner of Education deems a greater increase in the entry fee is necessary; or
(5) [the association charges] charge members any assessment in addition to the membership fee, unless the Commissioner of Education deems an additional assessment is necessary.
c. If any provision of this section is determined by the Commissioner of Education to jeopardize the amateur status of the student-athlete, that provision shall be null and void.
(cf: P.L.2007, c.41, s.1)
7. Section 2 of P.L.2009, c.109 (C.18A:11-3.3) is amended to read as follows:
2. The [New Jersey State Interscholastic Athletic Association] Commissioner of Education or the New Jersey School Boards Association, as applicable, in consultation with the American Association of Adapted Sports Programs, shall establish interscholastic athletic programs adapted for participation by student-athletes with physical disabilities or visual impairments who are participating in an adapted athletic program developed by a school district. The [New Jersey State Interscholastic Athletic Association] commissioner or association, as applicable, shall require any coach of an adapted athletic program to receive training specific to that program.
(cf: P.L.2009, c.109, s.2)
8. Section 1 of P.L.2005, c.70 (C.18A:36-37) is amended to read as follows:
1. a. As used in this section, "student-athlete" means any student enrolled in a public or nonpublic secondary school in this State who is a participant in an interscholastic athletic program governed by the rules of the [New Jersey State Interscholastic Athletic Association] Commissioner of Education or the New Jersey School Boards Association, as applicable.
b. No person shall give, offer, promise or attempt to give to any student-athlete, whether directly or indirectly, any gift, favor, service, employment or other thing of value which the person knows or has reason to know would, if accepted, subject that student-athlete to being ruled ineligible to participate as an amateur-athlete under the rules established by the [New Jersey State Interscholastic Athletic Association] commissioner or association, as applicable. A person who violates the provisions of this subsection shall be subject to a civil penalty of not less than $1,000 and not more than $10,000, for each violation, which shall be collected in a summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in the Superior Court or any municipal court.
c. The board of education of each school district or the chief school administrator of each nonpublic school shall annually notify each student-athlete under the jurisdiction of the school district or nonpublic school of the provisions of this section and of the [New Jersey State Interscholastic Athletic Association's] rules regarding eligibility as determined by the commissioner or association, as applicable.
d. The notice required by subsection c. of this section shall be:
(1) written;
(2) in language understandable by a secondary school student;
(3) based on model language developed by the [New Jersey State Interscholastic Athletic Association] commissioner or association, as applicable; and
(4) communicated via regular or electronic mail, sent home with the student or published in a student handbook.
(cf: P.L.2005, c.364, s.1)
9. Section 3 of P.L.1999, c.265 (C.26:1A-37.7) is amended to read as follows:
3. a. The council shall consist of [16] 15 members, including: the Commissioner of Health and Senior Services, or his designee, who shall serve as an ex officio member; and [15] 14 public members to be appointed by the Governor as follows: one member each from the New Jersey Association of Health, Physical Education, Recreation and Dance; the New Jersey Recreation and Parks Association; the Medical Society of New Jersey; [the New Jersey State Interscholastic Athletic Association;] and such other persons or professionals as are interested in the physical fitness of the citizens of the State. The council shall meet and organize immediately after appointment of the members and shall elect from its membership a chairperson and vice chairperson.
b. Each public member of the council shall serve for a term of three years, expiring on January 1 in the appropriate year[; except that of the members first appointed, four shall be appointed for a term of one year, five shall be appointed for a term of two years and six shall be appointed for a term of three years, as determined by the Governor]. Each member shall hold office for the term of appointment and until a successor is appointed and qualified. A public member of the council shall be eligible for reappointment. Members appointed to fill a vacancy occurring for any reason other than the expiration of the term shall serve for the unexpired term only.
c. Public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
d. The council shall adopt rules for the transaction of its business and shall keep a record of its business, including a record of its resolutions, transactions, findings and determinations. A majority of the members of the council shall constitute a quorum, but a lesser number may hold a hearing.
e. The council shall meet at least once in each quarter of the fiscal year, and as often thereafter as shall be deemed necessary by the chairperson.
f. By a two-thirds vote of the council, a member may be dismissed from membership for such reasons as the council may establish, which reasons shall include lack of interest in council duties or repeated absences from council meetings.
g. The council shall be administrated by the Department of Health and Senior Services. The department shall employ necessary staff to carry out the duties and functions of the council as otherwise provided in this act or as otherwise provided by law.
(cf: P.L.1999, c.265, s.3)
10. The following sections are repealed:
Sections 1 and 2 and section 4 of P.L.1979, c.172 (C.18A:11-3,
18A:11-4, and 18A:11-5); and
Section 3 of P.L.1987, c.324 (C.18A:11-6).
11. This act shall take effect on September 1, 2011.
STATEMENT
Statewide interscholastic sports programs are currently operated and governed by the New Jersey State Interscholastic Athletic Association (NJSIAA). This bill revises current law to require the Commissioner of Education to oversee, or to authorize the New Jersey School Boards Association to oversee, the activities associated with Statewide interscholastic sports programs for students enrolled in grades 9 through 12 in public or nonpublic schools.
The bill provides that if the commissioner oversees the program, he may charge each public secondary school and each nonpublic secondary school which participates in interscholastic athletics an annual membership fee. Under the bill, if the commissioner determines to charge an annual membership fee, the fee for that initial year may not exceed the membership fee charged by the NJSIAA for the last school year in which the NJSIAA oversaw Statewide interscholastic sports programs. In any subsequent school year the fee may not exceed the membership fee in the prior school year multiplied by 1 plus the CPI. The fee must be used by the commissioner solely for the purpose of operating and overseeing Statewide interscholastic sports programs.
If the commissioner designates the New Jersey School Boards Association to oversee Statewide interscholastic sports programs, the association: (1) may not charge a public secondary school a fee to participate in the program beyond the membership dues as currently assessed by the association pursuant to N.J.S.A.18A:6-50. The School Boards Association would not be able to factor any costs associated with overseeing interscholastic sports programs into the membership dues assessed a board of education; or (2) charge a nonpublic secondary school which participates in the program a fee for the initial year that the association operates the program which exceeds the membership fee charged by the NJSIAA for the prior school year, with CPI adjustments for subsequent years.
The bill provides that the rules and regulations promulgated by the NJSIAA will remain in full force and effect unless subsequently revised by the commissioner or the association as applicable. In the event that the commissioner designates the association to oversee Statewide interscholastic sports programs, any amendment to the rules and regulations will be effective not less than 20 days after its submission to the commissioner unless the commissioner disapproves the amendment within that 20-day period.
The bill requires the commissioner or association, as applicable, to prepare a report on or before September 1 of each school year detailing the commissioner's or association's oversight of the operating and financial activities of the Statewide interscholastic sports programs.
The bill repeals sections of law which established and regulated the operations and governance of the NJSIAA.
