SENATE CONCURRENT RESOLUTION No. 67

STATE OF NEW JERSEY

INTRODUCED MAY 9, 1996

By Senator SCOTT

A Concurrent Resolution concerning legislative review of a Department of Transportation regulation pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of any department to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement.

    2. The Legislature finds that a regulation by the Department of Transportation concerning the expenditure of monies from the "New Jersey Bridge Rehabilitation and Improvement and Railroad Right-of-way Preservation Fund of 1989" and codified at N.J.A.C.16:21B-1.1(c) is not consistent with section 16 of P.L.1991, c.271 to the extent that the regulation provides that monies appropriated from that bond fund for bridge projects which are not the subject of a design or engineering contract or agreement within three years of the effective date of P.L.1991, c.271 are to be returned to the Commissioner of Transportation to be reallocated. The intent of the Legislature is that such monies are to lapse to the "New Jersey Bridge Rehabilitation and Improvement and Railroad Right-of-way Preservation Fund of 1989" and be available for appropriation by the Legislature,

    3. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor and the Commissioner of Transportation.

    4. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Commissioner of Transportation shall have 30 days following transmittal of this resolution to amend or withdraw the regulation or the Legislature may, by passage of another concurrent resolution, exercise its option under the Constitution to invalidate the regulation codified at N.J.A.C.16:21B-1.1(c), in whole or in part.

STATEMENT

    This concurrent resolution expresses the finding of the Legislature that a Department of Transportation regulation, N.J.A.C.16:21B-1.1(c), concerning the expenditure of monies from the "New Jersey Bridge Rehabilitation and Improvement and Railroad Right-of-way Preservation Fund of 1989" is inconsistent with section 16 of P.L.1991, c.271 which stipulates that monies appropriated from that bond fund for bridge projects which are not the subject of a design or engineering contract or agreement within three years of the effective date of P.L.1991, c.271 are to lapse back to the 1989 bond fund and be available for appropriation by the Legislature. The regulation provides that such monies are to be returned to the Commissioner of Transportation to be reallocated.

    The Commissioner of Transportation shall have 30 days following transmittal of this resolution to amend or withdraw the regulation or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulation.

Determines that Department of Transportation regulation concerning expenditure of monies from a 1989 bond fund for bridge repairs is inconsistent with legislative intent.