ASSEMBLY, No. 4753

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED OCTOBER 3, 2022

 


 

Sponsored by:

Assemblyman  ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman  ELLEN J. PARK

District 37 (Bergen)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

 

Co-Sponsored by:

Assemblyman Benson, Assemblywoman McKnight, Assemblyman Moriarty, Assemblywoman Reynolds-Jackson, Assemblymen Karabinchak, Auth, Assemblywomen Carter, Piperno, Eulner, Assemblymen Space, Wirths, Assemblywomen Mosquera, Lopez, Assemblyman Tully and Assemblywoman Swain

 

 

 

 

SYNOPSIS

     Allows cure period for businesses to address and resolve certain violations.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain violations by businesses and supplementing Title 52 of the Revised Statutes.

 

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

 

     1.    a.  Notwithstanding any other law to the contrary, a State agency, department, or authority may suspend enforcement of any administrative fine or civil penalty, for a period of 60 calendar days, that would otherwise be imposed on a business for a first-time violation that does not or would not result in a significant adverse impact to the public safety or welfare, unless the violation is:

     (1)  of a criminal nature;

     (2)  an intentional or knowing act;

     (3)  grounds for the revocation or suspension of the license, certification, good standing, or other authorization to operate the business;

     (4)  grounds for the business to be debarred by the Department of Labor and Workforce Development from engaging in or bidding on public works contracts in New Jersey; or

     (5)  any State employment or labor-related law.

     A business shall address and resolve the violation during the 30-calendar day cure period  or shall be assessed all fines and penalties available under the law upon the expiration of that term.

     b.    The 60-calendar day cure period provided by subsection a. of this act shall run from the date on which the business receives notification of the violation in writing from the State agency.

     c.     Starting on January 1 of the year next following the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a State agency, department, or authority shall report, on an annual basis, any infractions it has waived over the prior calendar year in accordance with P.L.    , c.    (C.        ) (pending before the Legislature as this bill), in a prominent manner that is accessible to the public on its Internet website.

     d.    A State agency, department, or authority shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be needed to effectuate this act.

     e.     As used in this section:

     “State employment or labor-related law” means:

     (1)   P.L.1965, c.173 (C.34:11-4.1 et seq.);

     (2)   The "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.);

     (3)   The "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.);

     (4)   The workers' compensation law, R.S.34:15-1 et seq.;

     (5)   The "unemployment compensation law," R.S.43:21-1 et seq.;

     (6)   The "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.);

     (7)   P.L.2008, c.17 (C.43:21-39.1 et al.);

     (8)   The "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq.; or

     (9)   P.L.2018, c.10 (C.34:11D-1 et seq.).

    

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would provide a State agency with the discretion to suspend enforcement of any administrative fine or civil penalty against a business for certain first-time violations that do not or would not result in a significant adverse impact to public safety or welfare.  A business would not be eligible for suspension of enforcement of a fine or penalty if the violation is:

     (1)  of a criminal nature;

     (2)  an intentional or knowing act;

     (3)  grounds for the revocation or suspension of the license, certification, good standing, or other authorization to operate the business;

     (4)  grounds for the business to be debarred by Department of Labor and Workforce Development from engaging in or bidding on public works contracts in New Jersey; or

     (5)  any State employment or labor-related law.

     Under the bill, the business would have 60 calendar days to address and resolve the violation or would be assessed all fines and penalties available under the law upon the expiration of that term.

     The bill provides that a State agency, department, or authority is required to report, on an annual basis, any infractions it has waived over the prior calendar year in a prominent manner that is accessible to the public on its Internet website.