September 19, 1996

SENATE BILL NO. 1313

To the Senate:

    Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 1313 with my recommendations for reconsideration.

                   A. Summary of the Bill

    The bill essentially affirms Reorganization Plan No. 001-1996 (the “Plan”) that was filed on May 2, 1996. The Plan transfers, consolidates and reorganizes the State’s senior citizens’ services within the Department of Health (“DOH”) and redesignates the DOH as the Department of Health and Senior Services (“DHSS”). The bill recognizes all of the programs and offices relating to senior citizens’ services that the Plan transferred from the Departments of Community Affairs, Human Services and Insurance to the DHSS. It declares that the Plan will achieve the “laudable goal” of consolidating senior services in one department in order to enhance the effectiveness and efficiency of the system that provides services to the senior citizens of our State.

    The bill also finds that although the Governor is authorized under the “Executive Reorganization Act of 1969 (‘the Act’)” to transfer various programs and offices to the DOH, legislation is required to change the name of the Department from the DOH to the DHSS. The bill, accordingly, renames the DOH the DHSS, redesignates the Commissioner of the DOH as the Commissioner of the DHSS and states that any reference to the DOH in a document or law of any sort shall henceforth refer to the DHSS.

                   B. Recommended Action

    I genuinely appreciate that the Legislature has deemed the consolidation of services offered to senior citizens in the State a laudable goal and commend the sponsors of the bill for recognizing that the consolidation will lead to the more effective and efficient delivery of those services to seniors. I believe, however, that a statement in the bill misinterprets the Act. The changes to the bill that I am recommending will eliminate this misinterpretation and will also make needed technical corrections.

    The bill states that although the Governor is authorized under the Act to transfer the various programs and offices to the DOH, this power does not extend to renaming the Department. Therefore, the bill concludes, legislation is required to effect the name change. I am advised by the Attorney General and my Chief Counsel that this is incorrect.

    The Act specifically recites the actions that the Governor may take through a reorganization plan and also lists those actions that are explicitly prohibited. The Act authorizes the Governor to change the name of an “agency” through a reorganization plan. The Act defines “agency” as those Executive entities that are below department status. The Act prohibits the “creating” of a new principal department in the Executive Branch. The Plan does not create a new principal department in the Executive Branch. Rather, it renames an existing department in order to describe more accurately its functions as the result of transferring senior services-related entities into the department pursuant to the authority that this bill acknowledges is vested in the Executive Branch through the Act. It is logical and reasonable to conclude that the Reorganization Act, which authorizes the transfer of entire issue areas such as Energy or, in this case, Senior Services, from one department to another, also allows the name change that would be commensurate with such a realignment.

    The action of changing the name of the DOH to the DHSS is consistent with the mandate and the spirit of the Act, and is not prohibited by the plain language of the Act. Furthermore, there is unchallenged precedent for such action. Most recently, Reorganization Plan No. 001-1994, filed on May 5, 1994, renamed the Department of Environmental Protection and Energy the Department of Environmental Protection. Before that, Reorganization Plan No. 002-1991, filed by the Florio Administration on June 20, 1991, renamed the Department of Environmental Protection the Department of Environmental Protection and Energy. The Legislature did not challenge the authority of the Governor under the Act to effect the name changes in those instances. Thus, I am recommending the removal of the language that misinterprets the Act to preclude the Governor from changing the name of a department. I am also recommending the revision of the effective date of the bill and one other technical change to the legislation.

    Therefore, I herewith return Senate Bill No. 1313 and recommend that it be amended as follows:

Page 2, Section 1, Line 25:       After “f.” delete “While the” and insert “The”

Page 2, Section 1, Line 28:       After “activities” delete “, legislative action is needed to change the” and insert “.”

Page 2, Section 1, Lines 29-31:   Delete in entirety

Page 2, Section 2, Line 37:       After “redesignated” delete “the as” and insert “as the”

Page 2, Section 4, Line 46:       After “effect” delete “July 1, 1996” and insert “immediately”

                                  Respectfully,

                                  /s/ Christine Todd Whitman

                                  Governor

     [seal]

Attest:

/s/ Michael P. Torpey

Chief Counsel to the Governor