A4273

An Act concerning notice requirements for discontinuance of State aid and services and supplementing Title 52 of the Revised Statutes.

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

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Affected party” means any person, organization, local government unit, or other entity that directly receives any State aid or State service subject to a discontinuance.

“Discontinue” or “discontinuance” means the elimination, suspension, reduction, or material modification of any State aid or State service, but does not include routine administrative changes that do not affect the substance or level of aid or service provided.

“State aid” means any financial assistance, including grants, subsidies, reimbursements, or other monetary benefits provided by the State to an individual, organization, or governmental entity on an ongoing basis. “State aid” shall not include the provision of tax deductions, tax credits, or other forms of tax incentives.

“State agency” means any principal department in the Executive Branch of State government, including all divisions, agencies, authorities, commissions, and instrumentalities allocated to or within such department, and including any independent State authority, commission, instrumentality, or agency which is authorized by law to award public contracts.

“State service” means any program, benefit, or service provided by the State to individuals, organizations, or governmental entities.

2. a. No State agency shall discontinue any State aid or State service without providing written notice to all affected parties at least 60 days before the effective date of discontinuance, except as provided in subsections b. and c. of this section.

b. For any State aid or State service that directly affects public health, safety, or welfare, including, but not limited to, emergency services, healthcare programs, or essential social services, a State agency shall provide written notice to all affected parties at least 90 days before the effective date of the discontinuance.

c. (1) A State agency may provide written notice to all affected parties less than 60 days before the effective date of discontinuance only when:

(a) the discontinuance is required by federal law, regulation, or court order;

(b) the discontinuance occurs as a result of an emergency that poses an immediate threat to public health, safety, or welfare;

(c) the discontinuance is necessary due to the exhaustion of specifically appropriated funds, or the appropriation of funds for the State aid or State service occurred less than 60 days before the provision of such State aid or State service; or

(d) the affected party has materially violated the terms or conditions of the State aid or State service.

(2) When a State agency provides notice pursuant to paragraph (1) of this subsection, the agency shall provide such notice as soon as reasonably possible before the effective date of discontinuance.

d. For the purpose of this section, the effective date of discontinuance shall be determined as follows:

(1) for the elimination, suspension, or reduction of any State aid or State service, the date on which the State agency first issued a written determination, order, or notice of the elimination, suspension, or reduction; and

(2) for the material modification of any State aid or State service, other than an elimination or reduction of such aid or service, the date on which the material modification takes effect.

3. a. The written notice required under section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall include:

(1) a clear statement of the State aid or State service that will be discontinued;

(2) the effective date of the discontinuance;

(3) the specific reasons for the discontinuance;

(4) information regarding any available alternatives or transition assistance; and

(5) contact information for obtaining additional information or filing an appeal, if available, concerning the discontinuance.

b. The written notice shall be provided by direct written communication to known affected parties and shall be published on the State agency’s official website.

4. Before the discontinuance of any State aid or State service for which funds were appropriated by the Legislature, the State agency shall provide written notice, in accordance with the requirements of subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), to the presiding officer of each House of the Legislature and to the chairs of the legislative committees with jurisdiction over the State agency.

5. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill requires all State agencies to provide advance written notice before discontinuing certain forms of State aid or State services.

Under the bill, “State aid” is defined to mean any financial assistance, including grants, subsidies, reimbursements, or other monetary benefits provided by the State to an individual, organization, or governmental entity that is provided on an ongoing basis, and does not include tax deductions, tax credits, or other forms of tax incentives. The bill also defines “State service” to mean any program, benefit, or service provided by the State to individuals, organizations, or governmental entities.

Specifically, the bill requires State agencies to provide advance written notice to all affected parties at least 60 days before the discontinuance of any State aid or State service. However, the State agency would be required to provide the notice at least 90 days before the discontinuance of any State aid or State service that directly affects public health, safety, or welfare, including emergency services, healthcare programs, or essential social services. The bill provides limited exceptions to these notice requirements when: the discontinuance is required by federal law, regulation, or court order; the discontinuance is required as a result of an emergency that poses an immediate threat to public health, safety, or welfare; the discontinuance is necessary due to exhaustion of appropriated funds, or the appropriation of funds for the State aid or State service occurred less than 60 days before the provision of such State aid or State service; or the affected party has materially violated the terms or conditions of the State aid or State service. In these cases, the State agency would be required to provide notice as soon as reasonably possible before the discontinuance.

The bill requires the notice to be provided directly to all affected parties and published on the State agency’s websites. The notice would also be required to specify the State aid or State service that will be discontinued, the effective date of the discontinuance, the specific reasons for discontinuance, information about available alternatives or transition assistance, and contact information for additional details or appeals.

The bill also requires State agencies to provide concurrent notice to legislative leadership and relevant committee chairs when discontinuing any State aid or discontinuance for which funds were appropriated by the Legislature.