18A:7F-39 Proposal submission required to increase adjusted tax levy, certain circumstances.
624 words·~3 min read·
/nj/title-18a/chapter-7f/18a-7f-39A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
4. a. (Deleted by amendment, P.L.2010, c.44)
b. (Deleted by amendment, P.L.2010, c.44)
c. A school district may submit to the voters at the annual school election, or on such other date as is set by regulation of the commissioner, a proposal or proposals to increase the adjusted tax levy by more than the allowable amount authorized pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38). The proposal or proposals to increase the adjusted tax levy shall be approved if a majority of people voting shall vote in the affirmative. In the case of a school district with a board of school estimate, the additional adjusted tax levy shall be authorized only if a quorum is present for the vote and a majority of those board members who are present vote in the affirmative to authorize the additional adjusted tax levy.
A school district without a board of school estimate may submit to the voters at a special school election authorized pursuant to section 2 of P.L.1995, c.278 (C.19:60-2), a proposal or proposals to increase the adjusted tax levy for the subsequent school budget year by more than the allowable amount authorized pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38). A proposal submitted at a special election shall comply with the requirements of this subsection and of paragraph
(9)of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5). A proposal or proposals for additional funds may only be submitted on a date of a special election once during a school year. Nothing in this subsection shall be construed to prohibit the submission to the voters of a question or questions for the approval of a capital project or projects on the same special election date as the submission of a separate proposal or proposals for additional funds.
In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), the school district may submit a separate proposal for additional funds for the budget year, or a separate proposal for additional funds for the subsequent budget year, or separate proposals for additional funds for each of those budget years. In the event that a school district submits a separate proposal for additional funds for the subsequent budget year and the separate proposal is approved, the school district shall not add to its adjusted tax levy for the subsequent budget year any amount authorized pursuant to subsection e. of this section.
(1)A proposal or proposals submitted to the voters or the board of school estimate to increase the tax levy pursuant to this subsection shall not include any programs or services necessary for students to achieve the core curriculum content standards.
(2)All proposals to increase the tax levy submitted pursuant to this subsection shall include interpretive statements specifically identifying the program purposes for which the proposed funds shall be used and a clear statement on whether approval will affect only the current year or result in a permanent increase in the levy. The proposals shall be submitted and approved pursuant to sections 5 and 6 of P.L.1996, c.138 (C.18A:7F-5 and 18A:7F-6).
d. (Deleted by amendment, P.L.2010, c.44)
e. A school district that has not been granted approval to exceed the cap pursuant to subsection c. of this section may add to its adjusted tax levy in any one of the next three succeeding budget years the amount of the difference between the maximum allowable amount to be raised by taxation for the current school budget year and the actual amount to be raised by taxation for the current school budget year.
L.2007, c.62, s.4; amended 2010, c.44, s.5; 2011, c.202, s.3; 2024, c.60, s.2; 2025, c.234, s.6.