SENATE COMMERCE COMMITTEE

 

STATEMENT TO

 

SENATE, No. 864

 

STATE OF NEW JERSEY

 

DATED: JUNE 20, 1996

 

      The Senate Commerce Committee reports favorably Senate Bill No. 864.

      This bill allows persons, who are wronged by decisions, determinations or orders of the Department of Insurance involving willful misconduct on the part of the department, to collect attorneys' fees, expert witness fees, investigatory costs and other costs if they prevail in an administrative proceeding appealing the decision, determination or order. The bill also allows parties to collect triple damages, attorneys' fees, expert witness fees, investigatory costs and court costs if they prevail in a court suit appealing the decision, determination or order involving willful misconduct on the part of the department. The Department of Insurance must pay 90% of the awarded amounts and the employee who rendered the decision, determination or order must pay the remaining 10%, except that the employee's 10% share of these awarded amounts shall be waived if the employee resigns from employment with the State of New Jersey, and is not employed by the State of New Jersey for a period of five years thereafter.