Sponsored by:
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
SYNOPSIS
Requires board of education member to maintain principal residence in school district for certain number of days each year.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning board of education membership and amending N.J.S.18A:12-1 and N.J.S.18A:12-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:12-1 is amended to read as follows:
18A:12-1. Each member of any board of education shall be a citizen and resident of the district, or of [such] the constituent district of a consolidated or regional district as may be required by law, [and] shall have been [such] a resident for at least one year immediately preceding [his] the members appointment or election, [he] shall maintain a principal residence in the district, or in the constituent district of a consolidated or regional district as may be required by law, and spends in the aggregate no less than 292 days in the residence for each calendar year that the member holds office, shall be able to read and write, shall be registered to vote in the district, and, notwithstanding the provisions of N.J.S.2C:51-1 or any other law to the contrary, [he is] shall not be disqualified as a voter pursuant to R.S.19:4-1 and [has not been] shall not be convicted of:
any crime of the first or second degree;
an offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S.2C:24-4 and 2C:24-7, or as set forth in R.S.9:6-1 et seq., or as set forth in N.J.S.2C:29-2;
an offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S.2C:36-1 et seq.;
a crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder;
a crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed below:
Recklessly endangering another person N.J.S.2C:12-2
Terroristic threats N.J.S.2C:12-3
Criminal restraint N.J.S.2C:13-2
Luring, enticing child into motor vehicle,
structure or isolated area P.L.1993, c.291 (C.2C:13-6)
Causing or risking widespread injury
or damage N.J.S.2C:17-2
Criminal mischief N.J.S.2C:17-3
Burglary N.J.S.2C:18-2
Usury N.J.S.2C:21-19
Threats and other improper influence N.J.S.2C:27-3
Perjury and false swearing N.J.S.2C:28-3
Resisting arrest N.J.S.2C:29-2
Escape N.J.S.2C:29-5
Bias intimidation N.J.S.2C:16-1;
any crime of the fourth degree involving a victim who is a minor; or
conspiracy to commit or an attempt to commit any of the aforesaid crimes.
For the purposes of this section, a conviction exists if the individual has been convicted, at any time, under the laws of this State or under any similar statutes of the United States or any other state for a substantially equivalent crime or other offense.
For the purposes of this section, principal residence means a domicile actually and continually occupied by the member as the members permanent residence, as distinguished from a vacation home, property owned and rented or offered for rent by the eligible claimant, and other secondary real property holdings.
Notwithstanding the provisions of this section and N.J.S.18A:12-3, the member shall not be required to maintain principal residence in the event that the members principal residence is damaged or destroyed by fire, flood, storm, natural disaster, or other casualty which requires the member to occupy a temporary residence.
(cf: P.L.2011, c.72, s.1)
2. N.J.S.18A:12-3 is amended to read as follows:
18A:12-3. Whenever a member of a local or regional board of education shall cease to be a bona fide resident of the district, or of any constituent district of a consolidated or regional district which [he] the member represents, shall fail to maintain principal residence as required pursuant to N.J.S.18A:12-1, or shall become mayor or a member of the governing body of a municipality, [his] the membership in the board shall immediately cease; and, any member who fails to attend three consecutive meetings of the board without good cause may be removed by it. Whenever a member of a county special service school district or a member of a county vocational school district shall cease to be a bona fide resident of the district, or shall hold office as a member of the governing body of a county, [his] the membership on the board shall immediately cease.
Notwithstanding the provisions
of N.J.S.2C:51-1 or any other law to the contrary, whenever a member of a board
of education is disqualified as a voter pursuant to R.S.19:4-1, or is convicted
of a
crime or offense listed in N.J.S.18A:12-1, [his] the
membership on the board shall immediately cease.
(cf: P.L.2011, c.72, s.4)
3. This act shall take effect immediately.
STATEMENT
This bill requires each member of a board of education to maintain principal residence in the school district and spend no less than 292 days in the residence each year.
Under the bill, a member of a board of education is required to maintain a principal residence in the district, or in the constituent district of a consolidated or regional district, and spend in the aggregate no less than 292 days in the residence for each calendar year that the member holds office. The bill provides that membership on the board is to immediately cease for a member who fails to maintain the principal residence. The bill permits a member to be exempt from the requirement to maintain a principal residence in the event that that the members principal residence is damaged or destroyed by f