Bill Text: NJ A378 | 2022-2023 | Regular Session | Introduced


Bill Title: Provides adjustment to school district tax levy cap for expenditures associated with opening of new school facility during budget year.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Education Committee [A378 Detail]

Download: New_Jersey-2022-A378-Introduced.html

ASSEMBLY, No. 378

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Assemblyman  JOE DANIELSEN

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Provides adjustment to school district tax levy cap for expenditures associated with opening of new school facility during budget year.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the tax levy growth limitation for school districts and amending P.L.2007, c.62.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.2007, c.62 (C.18A:7F-38) is amended to read as follows:

     3.    a.  Notwithstanding the provisions of any other law to the contrary, a school district shall not adopt a budget pursuant to sections 5 and 6 of P.L.1996, c.138 (C.18A:7F-5 and 18A:7F-6) with an increase in its adjusted tax levy that exceeds, except as provided in subsection e. of section 4 of P.L.2007, c.62 (C.18A:7F-39), the tax levy growth limitation calculated as follows: the sum of the prebudget year adjusted tax levy and the adjustment for increases in enrollment multiplied by 2.0 percent, and adjustments for an increase in health care costs, expenditures incurred in connection with the opening of a new school facility during the budget year, and increases in amounts for certain normal and accrued liability pension contributions set forth in sections 1 and 2 of P.L.2009, c.19 amending section 24 of P.L.1954, c.84 (C.43:15A-24) and section 15 of P.L.1944, c.255 (C.43:16A-15) for the year set forth in those sections.

     b.    (1)  The allowable adjustment for increases in enrollment authorized pursuant to subsection a. of this section shall equal the per pupil prebudget year adjusted tax levy multiplied by EP, where EP equals the sum of:

     (a)   0.50 for each unit of weighted resident enrollment that constitutes an increase from the prebudget year over 1%, but not more than 2.5%;

     (b)   0.75 for each unit of weighted resident enrollment that constitutes an increase from the prebudget year over 2.5%, but not more than 4%; and

     (c)   1.00 for each unit of weighted resident enrollment that constitutes an increase from the prebudget year over 4%.

     (2)   A school district may request approval from the commissioner to calculate EP equal to 1.00 for any increase in weighted resident enrollment if it can demonstrate that the calculation pursuant to paragraph (1) of this subsection would result in an average class size that exceeds 10% above the facilities efficiency standards established pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.).

     c.     (Deleted by amendment, P.L.2010, c.44)

     d.    (1)  The allowable adjustment for increases in health care costs authorized pursuant to subsection a. of this section shall equal that portion of the actual increase in total health care costs for the budget year, less any withdrawals from the current expense emergency reserve account for increases in total health care costs, that exceeds 2.0 percent of the total health care costs in the prebudget year, but that is not in excess of the product of the total health care costs in the prebudget year multiplied by the average percentage increase of the State Health Benefits Program, P.L.1961, c.49 (C.52:14-17.25 et seq.), as annually determined by the Division of Pensions and Benefits in the Department of the Treasury.

     (2)   The allowable adjustment for increases in the amount of normal and accrued liability pension contributions authorized pursuant to subsection a. of this section shall equal that portion of the actual increase in total normal and accrued liability pension contributions for the budget year that exceeds 2.0 percent of the total normal and accrued liability pension contributions in the prebudget year.

     (3)   The allowable adjustment for expenditures incurred in connection with the opening of a new school facility during the budget year authorized pursuant to subsection a. of this section shall include costs associated with the new facility related to new teaching staff members, support staff, materials and equipment, custodial and maintenance expenditures, and such other required costs as determined by the commissioner.

     e.     (Deleted by amendment, P.L.2010, c.44)

     f.     The adjusted tax levy shall be increased or decreased accordingly whenever the responsibility and associated cost of a school district activity is transferred to another school district or governmental entity.

(cf: P.L.2010, c.44, s.4)

 

     2.    This act shall take effect immediately and shall first be applicable to the next school budget year following enactment.

 

 

STATEMENT

 

     This bill authorizes an adjustment to the school district tax levy cap for expenditures incurred by the district in connection with the opening of a new school facility during the budget year.  The allowable adjustment will include costs associated with the new facility that are related to new teaching staff members, support staff, materials and equipment, custodial and maintenance expenditures, and other costs as may be determined by the Commissioner of Education.  It is unrealistic to expect a school district  to  accommodate  within  its base  2% tax  levy increase the new costs that will be incurred by the district in the first year that it opens a new school facility.  This bill will allow a school district to increase its tax levy in that first year of the school's operation to reflect these new facility-related expenditures.

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