A3847

An Act providing relief from license renewal fees for businesses and persons impacted by certain highway projects, supplementing Titles 45 and 52 of the Revised Statutes.

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

1. a. A professional subject to professional license renewal fees and practicing within an impacted construction zone shall be entitled to waiver of those renewal fees which become due during the time period in which a public highway project is active.

b. (1) After the commencement of a public highway project, a professional may apply to the director or the requisite professional licensing board regulating the services provided by the professional for a waiver of license fees which become due during the relief period authorized under this section. The application shall be submitted in a form and manner prescribed by the director. The director shall require the professional to submit any documentation as the director deems necessary to verify that the professional provides services within an impacted construction zone and has suffered a significant reduction in income caused by the public highway project.

(2) If the director deems that the professional meets the conditions set forth in subsection a. of this section, upon approval of an application submitted pursuant to paragraph (1) of this subsection, the director shall issue a written determination to the professional, which determination shall indicate that the license renewal fee waiver shall apply.

c. Upon commencement or completion of a public highway project, the Commissioner of Transportation shall provide written notice to the director attesting to the commencement or completion of the project, as applicable. Within 30 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall provide written notice to the director attesting to each ongoing public highway project within the State.

d. As used in this section:

“Director” means the Director of the Division of Consumer Affairs within the Office of the Attorney General.

“Impacted construction zone” means any area immediately surrounding a public highway project within which area the occurrence of the public highway project impedes or blocks the normal and reasonable flow of traffic or otherwise restricts access to business establishments located within the area.

“Professional” shall mean any holder of a professional or occupational license or certificate of registration or certification issued or renewed by a board specified in Title 45 of the Revised Statutes, or by another entity of State government, as determined by the director.

“Professional license renewal fees” a fee paid to renew a professional or occupational license or certificate of registration or certification, required pursuant to Title 45 of the Revised Statutes or by another entity of State government, as determined by the director.

“Public highway project” means any infrastructure project that involves the construction, improvement, or maintenance of a federal, State, county, or municipal highway, road, or street, including but not limited to, the repair or reconstruction of any highway, road, or street that has suffered serious damage as a result of a natural disaster or catastrophic failure from any external cause.

“Relief period” means the period of time between the date on which a public highway project commences and the date on which the project concludes.

2. a. A small business owner required to apply for and maintain a license or registration to operate the business from, as applicable, the Director of the Division of Revenue and Enterprise Services within the Department of the Treasury, and that operates a retail business establishment within an impacted construction zone shall be entitled to a waiver of any applicable fees for licensure or registration renewal required by the division or requisite professional board which become due during the time period in which a public highway project is active.

b. (1) After the commencement of a public highway project, a small business owner may apply to the director for a waiver of any applicable fees for licensure or registration renewal which become due during the relief period authorized under this section. The application shall be submitted in a form and manner as prescribed by the director. The director shall require the owner to submit any documentation as the director deems necessary to verify that the owner operates a retail business establishment within an impacted construction zone and has suffered a significant reduction in income caused by the public highway project.

(2) If the director deems that the small business owner meets the conditions set forth in subsection a. of this section, upon approval of an application submitted pursuant to paragraph (1) of this subsection, the director shall issue a written determination to the business owner, which determination shall indicate the retail business establishment at which the fee waiver shall apply.

d. As used in this section:

“Business registration fees” means fees paid to the State of New Jersey to register a business or business entity, but shall not include fees paid to a municipality or unit of local government.

“Director” means the Director of the Division of Revenue and Enterprise Services within the Department of the Treasury.

“Relief period” means the period of time between the date on which a public highway project commences and the date on which the project concludes.

“Retail business establishment” means a business that maintains a fixed permanent location where goods are exhibited or services are offered on an appointment or walk-in basis.

“Small business owner” means any proprietorship, partnership, limited liability corporation, limited liability partnership, or other legal business entity with no more than 50 full-time employees, is independently owned and operated, has its principal place of business in the State of New Jersey, that is subject to business registration fees, and is not delinquent or deficient with respect to any payment to the State.

3. This act shall take effect immediately.

STATEMENT

This bill provides various forms of fee relief to certain businesses and professionals who are adversely impacted by a public highway project, such as the ongoing closure and repair of Interstate 80 in Morris County after the discovery of numerous sinkholes along the roadway.

The closures and ongoing construction have created significant traffic congestion along the detour routes. Commercial establishments, especially small businesses, have seen reduced activity as a result of longer commute times, road closures, and unpredictable local travel times. The bill recognizes the impact these conditions will have on a small business and on the licensed professionals who work for these business, and provides relief for any business license or professional license renewal which comes due during the relief period related to construction projects as defined in the bill.

The bill provides for the Director of the Division of Consumer Affairs within the Office of the Attorney General and the Director of the Division of Revenue and Enterprise Services within the Department of the Treasury to establish application and fee waiver processes to effectuate the provisions of the bill.