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Senate Commerce Committee Statement to Senate, No. 3208 (January 26, 2023)

Summary

Senate Commerce Committee Statement to Senate, No. 3208, with committee amendments, State of New Jersey, dated January 26, 2023. The committee reports Senate Bill No. 3208 favorably and with committee amendments. As amended, the bill would give a State agency discretion to suspend enforcement of an administrative fine or civil penalty against a business for certain first-time violations that do not or would not result in a significant adverse impact to public safety or welfare. Violations of a criminal nature, intentional or knowing acts, and violations of any State employment or labor-related law would not qualify. The statement says the committee amended the bill to clarify that a business has 60 calendar days to cure a violation, and that the amended bill is identical to Assembly Bill No. 4753.

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Cite this document

“Senate Commerce Committee Statement to Senate, No. 3208 (January 26, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-01-26-scm-s3208-s1-68b5b90552/, SHA-256 0257937b0e820d174f41d371f01fdcedcc34c5a0f357a2535ddc6af3f2afc470.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 3208
                   with committee amendments



 STATE OF NEW JERSEY
                    DATED: JANUARY 26, 2023

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 3208.
    As amended, this bill would provide a State agency with the
discretion to suspend enforcement of any administrative fine or civil
penalty against a business for certain first-time violations that do not
or would not result in a significant adverse impact to public safety or
welfare. A business would not be eligible for suspension of
enforcement of a fine or penalty if the violation is:
    (1) of a criminal nature;
    (2) an intentional or knowing act;
    (3) grounds for the revocation or suspension of the license,
certification, good standing, or other authorization to operate the
business;
    (4) grounds for the business to be debarred by the Department of
Labor and Workforce Development from engaging in or bidding on
public works contracts in New Jersey; or
    (5) any State employment or labor-related law.
    Under the bill, the business would have 60 calendar days to
address and resolve the violation or would be assessed all fines and
penalties available under the law upon the expiration of that term.
    The bill provides that a State agency, department, or authority is
required to report, on an annual basis, any infractions it has waived
over the prior calendar year in a prominent manner that is accessible to
the public on its Internet website.
    As amended and reported, this bill is identical to Assembly Bill
No. 4753, as also amended and reported by this committee.

COMMITTEE AMENDMENTS:
    The committee amended the bill to clarify that a business has 60
calendar days to cure a violation.

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