ASSEMBLY, No. 1024

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman DiGAETANO

An Act requiring the publication in the New Jersey Administrative Code and New Jersey Register of certain documents and amending P.L.1968, c.410.

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

    1. Section 7 of P.L.1968, c.410 (C.52:14B-7) is amended to read as follows:

    7. (a) The director shall compile, index, and publish a publication to be known as the "New Jersey Administrative Code," containing all effective rules adopted by each agency, the text of all proclamations and executive orders issued by the Governor on or after January 1, 1995, and the formal opinions issued by the Attorney General on or after January 1, 1995. The director shall not compile, index or publish in the "New Jersey Administrative Code" the text of any proclamation the subject matter of which is ceremonial. The code shall be periodically supplemented or revised.

    (b) The director shall publish a monthly bulletin to be known as the "New Jersey Register" setting forth: (1) the text of all rules filed during the preceding month, [and] (2) such notices as shall have been submitted pursuant to this act, (3) the text of all proclamations and executive orders issued by the Governor which were received during the preceding month, and (4) the formal opinions issued by the Attorney General which were received during the preceding month. The director shall not publish in the "New Jersey Register" the text of any proclamation the subject matter of which is ceremonial.

(c) The director may omit from the New Jersey Register or compilation any rule or Attorney General's formal opinion the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if the rule or opinion in printed or processed form is made available by the adopting or issuing agency without charge on application thereto, and if the register or code contains a notice stating the general subject matter of the omitted rule or opinion and stating the manner in which a copy thereof may be obtained. He may include within the New Jersey Register and the New Jersey Administrative Code any document, material or information which he in his discretion may deem appropriate and convenient.

    (d) At least one copy of the New Jersey Administrative Code and copies of the New Jersey Register and compilations shall be made available upon request to the Governor, the head of each principal department, the Office of Legislative Services [Agency], the State Library and to such other State agencies and public officials as the director may designate free of charge and to other persons at prices fixed by the director to cover mailing and publication costs.

    (e) To facilitate uniformity in the compilation and indexing of all agency rules, the director, in collaboration with the Director of the Division of the State Library, Archives and History, shall formulate and distribute to all agencies standards for the form, arrangement, numbering and indexing of agency rules and shall consult with each agency in the preparation of compilations of its rules.

    (f) The director may determine the order in which such rules or any parts thereof are to be presented in the New Jersey Register and the New Jersey Administrative Code; he may number or renumber the parts, paragraphs and sections into which such rules may be divided; he may further divide or combine existing parts, paragraphs and sections and he may provide for appropriate digests, indices and other related material. He shall not, however, change the language of any existing rule excepting a title or explanatory caption; but he shall recommend any such changes as he may deem advisable to the administrative agency authorized to adopt such rule.

    (g) The director is hereby authorized and empowered to promulgate and enforce interagency rules for the implementation and administration of this act.

(cf: P.L.1973, c.227, s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill requires the Director of the Office of Administrative Law to publish in the New Jersey Administrative Code the text of all nonceremonial proclamations and executive orders issued by the Governor on or after January 1, 1995, and the formal opinions issued by the Attorney General on or after January 1, 1995. The bill also requires the director to publish in the New Jersey Register the text of all proclamations and executive orders issued by the Governor which were received during the preceding month, and the formal opinions issued by the Attorney General which were received during the preceding month. The director may omit from the New Jersey Register or compilation any rule or Attorney General's formal opinion the publication of which would be unduly cumbersome, expensive or otherwise expedient, if the rule or opinion in printed or processed form is made available by the adopting or issuing agency without charge, and if the register or code contains a notice stating the general subject matter of the omitted rule or opinion and stating the manner in which a copy thereof may be obtained.

    This practice will ensure that these documents are more readily available to the general public and to agencies of State and local government.

Provides for the publication in NJ Administrative Code and NJ Register of gubernatorial proclamations and executive orders and the AG's formal opinions.