ASSEMBLY, No. 2721

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 13, 2010

 


 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblyman  SCOTT T. RUMANA

District 40 (Bergen, Essex and Passaic)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblyman Chiusano

 

 

 

 

SYNOPSIS

     Changes five year chapter expiration date for rules to seven years; changes procedures for readoption of rules.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning State agency rule-making and amending P.L.2001, c.5.

 

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

 

     1.    Section 10 of P.L.2001, c.5 (C.52:14B-5.1) is amended to read as follows:

     10.  a.  [Every rule in effect on the enactment date of P.L.2001, c.5 (C.52:14B-4.1a et al.) shall expire five years following the effective date of this act unless a sooner expiration date has been established for the rule.]  (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

     b.    Every rule adopted on or after the effective date of P.L.2001, c.5 (C.52:14B-4.1a et al.) shall expire [five] seven years following the effective date of the rule unless a sooner expiration date has been established for the rule.  The expiration date shall be included in the adoption notice of the rule in the New Jersey Register and noted in the New Jersey Administrative Code.

     c.     [An agency may continue in effect an expiring rule for a five year period by duly proposing and readopting the rule prior to its expiration.] (1) Notwithstanding any other provision of P.L.1968, c.410 (C.52:14B-1 et seq.), or rule adopted pursuant thereto, to the contrary, in the case of a proposed readoption without changes to the existing rule, or a proposed readoption with technical changes as approved by the Office of Administrative Law, an agency may continue in effect an expiring rule for a seven year period by filing a public notice with the Office of Administrative Law for publication in the New Jersey Register at least 30 days prior to the expiration date of the rule.  The notice pursuant to this paragraph shall include the citation for the rule, a general description of the rule, the specific legal authority under which the rule is authorized, and the new expiration date of the rule.  The notice pursuant to this paragraph shall be effective upon filing with the Office of Administrative Law.

     Upon the receipt of a public notice pursuant to this paragraph, the Office of Administrative Law shall publish the notice in the New Jersey Register.  The new expiration date of the rule shall be noted in the New Jersey Administrative Code.

     As used in this paragraph, “technical changes” means changes to: correct spelling, grammar and punctuation; correct codification; update contact information; or correct cross-references.

     (2)   In the case of a proposed readoption of an expiring rule with substantive changes, an agency may continue the expiring rule for a seven year period by duly proposing the readoption with substantive changes and readopting the rule prior to its expiration.  Upon the filing of a notice of proposed readoption with substantive changes , the expiration date of the rule shall be extended for 180 days, if such notice is filed prior to the expiration of the rule.

     As used in this paragraph, “substantive changes” means any changes that are not technical changes as defined in paragraph (1) of this subsection.

     d.    (1) The Governor may, upon the request of an agency head, and prior to the expiration date of the rule, continue in effect an expiring rule for a period to be specified by the Governor.

     (2)   The Governor may, upon the request of an agency head within five days after the expiration of a rule, restore the effectiveness of an expired rule as of its expiration date, for a period to be specified by the Governor, in order to effect the readoption of the rule in accordance with subsection c. of this section.

     e.     This section shall not apply to any rule repealing a rule or any rule prescribed by federal law or whose expiration would violate any other federal or State law, in which case the federal or State law shall be cited in the publication of the rule.

(cf:  P.L.2001, c.5, s.10)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends current law concerning State agency rule-making.  This bill would (1) change the chapter expiration dates of rules from five years to seven years, and (2) establish a new procedure for the readoption of rules without substantive changes.

     Under the bill, the change in the chapter expiration date from five years to seven years would apply to all current rules in effect on the date of enactment of this bill into law and to all rules adopted on or after the date of enactment of this bill into law, unless a sooner expiration date has been established for a particular rule.

     In addition to extending the chapter expiration date of rules by two years, the bill establishes a new procedure for a State agency to follow when readopting rules without changes, or with technical changes only as approved by the Office of Administrative Law (OAL).  As used in the bill, “technical changes” means changes to: correct spelling, grammar and punctuation; correct codification; update contact information; or correct cross-references.

     Under this new procedure, a State agency would file a public notice with the OAL for publication in the New Jersey Register at least 30 days prior to the expiration date of the rule.  Upon receipt of a public notice from a State agency announcing the agency’s intent to readopt an expiring rule without changes, or with technical changes only, the OAL would publish that notice in the New Jersey Register and note the new expiration date for the rule in the New Jersey Administrative Code.  The readoption of a rule with substantive changes (i.e., any changes that do not meet the definition of “technical change”) would still need to follow the procedures set forth in current law.

     Currently, the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), establishes an expiration date of five years after the chapter's effective date, unless a sooner expiration has been established for the rule.  Expiration dates do not apply for those rules that repeal a rule, rules whose provisions are prescribed by federal law, and for those rules where the expiration of the rules would violate any other federal or State law.  An expiration date remains effective, irrespective of any subsequent amendments to the rules, short of a complete repeal and readoption of the whole chapter.  In order to maintain the effectiveness of a chapter of rules, the rules must be duly proposed for readoption, adopted and filed prior to the chapter expiration date.  This bill provides a new, streamlined process for the extension of chapter expiration dates in the case of rules being readopted without substantive change.

     Lastly, current law provides that the Governor may, upon the request of an agency head, and prior to the expiration date of the rule, continue in effect an expiring rule for a period to be specified by the Governor.  This bill would also provide that the Governor may, upon the request of an agency head within five days after the expiration of a rule, restore the effectiveness of an expired rule as of its expiration date, for a period to be specified by the Governor, in order to effect the readoption of the rule.  This provision would provide a mechanism for the continuation, at the Governor’s discretion, of an expired rule within five days after its expiration date.