Bill Text: NJ A4277 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits referendum question on sale or lease of municipal public utility at time of primary election and, if applicable, municipal regular election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-10-20 - Introduced, Referred to Assembly Judiciary Committee [A4277 Detail]
Download: New_Jersey-2016-A4277-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Permits referendum question on sale or lease of municipal public utility at time of primary election and, if applicable, municipal regular election.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale or lease of municipal public utility property and systems and amending R.S.40:62-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:62-5 is amended to read as follows:
40:62-5. Upon the receipt of bids the governing body may adopt an ordinance providing for the lease or sale of the property. The ordinance shall set forth the terms and conditions upon which the same shall be leased or sold; the name, address and amount of bid of the highest responsible bidder therefor; a general description of the property to be leased or sold, and any other matters and things deemed necessary. The clerk of the governing body shall cause a certified copy of the ordinance to be served upon the officer charged with the duty of preparing election ballots, with a request that the question of the lease or sale as shown by the ordinances shall be placed upon the ballots used at either the next succeeding primary or general election in such municipality. The clerk of the governing body of a municipality that holds regular municipal elections instead may request that the question of the lease or sale as shown by the ordinances be placed upon the ballots used at the next succeeding regular municipal election in such municipality. Such officer shall have the question printed on the election ballots in substantially one of the following forms: "Shall the plant be sold for the sum of ?" "Yes." "No." "Shall the plant be leased for a term of years for the sum of annual rental?" "Yes." "No." When the question is placed before the voters at a primary election, each polling place shall be supplied with a separate machine for use by voters who are not registered with a political party.
If a majority of the legal voters voting at such election shall vote "Yes," the governing body may accept the bid of the highest responsible bidder and carry out such lease or sale as authorized by the election.
(cf: R.S.40:62-5)
2. This act shall take effect immediately.
STATEMENT
This bill would permit referenda questions on the sale or lease of a municipal public utility plant or system to be placed before the voters at either the primary election in June or the general election in November. For municipalities holding non-partisan regular municipal elections, the bill would permit these referenda questions instead to be placed before the voters at a regular municipal election in May as well. Currently, the question can be asked only at the general election, once a year in November, even for municipalities holding regular elections in May. Permitting the question to appear on a ballot earlier in the year than the general election in November would mean less delay in the execution of a sale or lease arrangement for the public utility. If the public question is asked at the primary election, then a separate voting machine would have to be placed in every polling place for use by voters who are not registered with a political party.
