ASSEMBLY, No. 2502
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 14, 1996
By Assemblymen CARROLL and BUCCO
An Act concerning the imposition of fines and penalties by one department of the State upon another and supplementing chapter 14 of 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, or rule or regulation adopted pursuant thereto, to the contrary, no department of the State within the Executive branch of the State government shall impose on, or collect from, any other department of the State any fine or penalty for violations of State law, except as otherwise required by federal law.
b. Nothing in this act shall be construed to limit the enforcement authority of a department of the State within the Executive branch, or to excuse a department of the State from complying with State and federal law, when the department is found to be in violation of State or federal law.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a State department in the Executive Branch from imposing on or collecting from another State department in the Executive Branch any fine or penalty, except as otherwise required by federal law. The bill also specifies that this prohibition in no way limits a department's authority to enforce State and federal law or excuses a department from complying with State and federal law when it is found in violation of State or federal law.
In recent time, the Department of Environmental Protection has imposed on the Department of Transportation heavy penalties for effluent violations. While enforcement of environmental laws are important, the collection of the fine or penalty would result in the moving of moneys within the General Fund that produces no environmental benefit and does not realistically affect enforcement of State or federal law.
Prohibits imposition of fines and penalties by one department of the State upon another, except as otherwise required by federal law.