New Jersey 2022 2022-2023 Regular Session

New Jersey Assembly Bill A4967 Introduced / Fiscal Note

                       
Office of Legislative Services 
State House Annex 
P.O. Box 068 
Trenton, New Jersey  08625 
 	Legislative Budget and Finance Office 
Phone (609) 847-3105 
Fax (609) 777-2442 
www.njleg.state.nj.us 
  
 
LEGISLATIVE FISCAL ESTIMATE 
[First Reprint] 
ASSEMBLY, No. 4967 
STATE OF NEW JERSEY 
220th LEGISLATURE 
 
DATED: JULY 21, 2023 
 
 
SUMMARY 
 
Synopsis: Revises training requirements for governing board members of public 
institutions of higher education. 
Type of Impact: Annual State cost increase; annual cost decrease for four-year public 
institutions of higher education. 
Agencies Affected: Office of the Secretary of Higher Education; four-year public 
institutions of higher education.   
 
 
Office of Legislative Services Estimate 
Fiscal Impact 	Annual 
State Cost Increase 	Up to $350,000   
Four-Year Public Institutions of Higher 
Education Cost Decrease 	Indeterminate  
 
 
 The Office of Legislative Services (OLS) finds that there would be an increase in annual State 
expenditures of up to $350,000 for the Office of the Secretary of Higher Education associated 
with arranging training for governing board members and maintaining records of training 
fulfillment, which is provided for by an appropriation included in the bill.   
 The bill’s training requirements affect a maximum of 363 governing board members at any 
given time, although members are not required to complete the training on the same schedule.   
 The bill removes a number of training and administrative requirements currently placed on 
four-year public institutions of higher education, thereby eliminating some costs to the 
institutions associated with meeting those requirements.   
 
BILL DESCRIPTION 
 
 This bill requires that a newly appointed member of a governing board of a public institution 
of higher education complete certain training within six months of the member’s appointment and  FE to A4967 [1R] 
2 
 
that previously appointed members who were exempt from the current training requirement 
complete the training within six months of this bill’s effective date.  All members will be required 
to complete training within six months of the start of each successive term thereafter. Under 
current law, a newly appointed member of a governing board of a public institution of higher 
education is required to complete training on the roles and duties of a governing board member 
within one year of appointment to the board.   
 Current law generally provides that the subject matter of the board member training is 
prescribed by the institutions of higher education, in consultation with the Secretary of Higher 
Education.  This bill provides that the secretary is to determine the subject matter of the training 
and that the training include the role of the governing board in the financial management of an 
institution of higher education.  The bill provides that, in the case of four-year public institutions 
of higher education, the secretary will arrange for the training; current law, by contrast, requires 
the institution to arrange for the training.  Public institutions of higher education also would no 
longer be required to conduct a periodic review of the training. 
 The bill directs the secretary to provide notification to a governing board member who has 
failed to comply with the training requirement and provide the member with a 30-day grace period 
to fulfill the outstanding training requirement. The bill permits the secretary to provide additional 
extensions to the grace period. The bill provides that failure to fulfill the outstanding training 
requirement within the grace period may constitute a resignation from the governing board at the 
discretion of the secretary and a vacancy will be deemed to exist.  Under the bill, the board member 
will be disqualified from being reappointed to the board, or appointed to any other governing board 
of a public institution of higher education, for the succeeding two-year period. Additionally, the 
bill permits training for governing board members to be made available online. 
 The bill further repeals a section of law that requires four-year public institutions of higher 
education to provide certain information, orientation, and training to each of its governing board 
members. Under the bill, all required training for governing board members at public institutions 
of higher education is to be arranged for by the secretary.    
 Finally, the bill provides that $350,000 will be annually appropriated from the General Fund 
to the Office of the Secretary of Higher Education to effectuate the bill’s purposes.   
 
 
FISCAL ANALYSIS 
 
EXECUTIVE BRANCH 
 
 None received. 
 
OFFICE OF LEGISLATIVE SERVICES 
 
      The OLS finds that there would be an increase in annual State expenditures of up to $350,000 
associated with arranging training for governing board members and maintaining records of 
training fulfillment. The bill appropriates $350,000 to the Office of the Secretary of Higher 
Education for the purposes of the bill. The bill also removes a number of training and 
administrative requirements currently placed on four-year public institutions of higher education, 
which would result in an indeterminate decrease in expenditures for the institutions. 
      Under current law, a newly appointed member of a governing board of a public institution of 
higher education is required to complete training that is designed to clarify the roles and duties of 
a governing board member.  For four-year public institutions of higher education, this bill requires 
the Office of the Secretary of Higher Education to arrange for the training, whereas current law  FE to A4967 [1R] 
3 
 
requires the institutions to arrange for the training.  For county colleges, training will continue to 
be provided under the bill by the New Jersey Council of County Colleges, although the bill 
provides that the training will now be done in consultation with the Office of the Secretary of 
Higher Education. 
      There are 11 four-year public institutions of higher education in the State and 18 county 
colleges.  Membership on the governing board of a four-year public institution of higher education 
is capped at 15 members while membership on the governing board of a county college is capped 
at 11 members. The bill’s training requirement affects a maximum of 363 governing board 
members at any given time, although members are not required to complete the training on the 
same schedule.   
      The bill removes a number of training and administrative requirements currently placed on 
four-year public institutions of higher education, thereby eliminating some costs to the institutions 
associated with meeting those requirements.  Specifically, the bill provides that all required training 
for governing board members at four-year public institutions of higher education is to be arranged for 
by the Office of the Secretary of Higher Education, and the bill removes the requirement that public 
institutions conduct a periodic review of the training.  The bill also requires the office to provide 
notification to a governing board member who has failed to comply with the training requirements 
and provide a grace period to fulfill the outstanding training requirement.    
 
Section: Education 
Analyst: Sarah Haimowitz 
Lead Research Analyst 
Approved: Thomas Koenig 
Legislative Budget and Finance Officer 
 
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the 
failure of the Executive Branch to respond to our request for a fiscal note. 
 
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).