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Assembly Commerce and Economic Development Committee Statement to Assembly, No. 2226, Dated October 21, 2020

Summary

Statement of the Assembly Commerce and Economic Development Committee of the State of New Jersey, dated October 21, 2020, reporting Assembly Bill 2226 favorably. The bill would suspend the assessment of fines against small businesses for certain minor first-time paperwork violations, defining a small business as one with 50 or fewer full-time employees that qualifies as a small business concern under the federal Small Business Act. A fine would not be suspended if the violation could seriously harm the public interest, if waiving it would impede detection of criminal activity, if it concerns a tax, debt, revenue or receipt, if it was not corrected within six months of notification, or if it presents a danger to public safety. An agency finding a public safety danger could still suspend the fine if the violation is corrected within 24 hours of notification.

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Full text

ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
                COMMITTEE

                          STATEMENT TO

                     ASSEMBLY, No. 2226

       STATE OF NEW JERSEY
                         DATED: OCTOBER 21, 2020

          The Assembly Commerce and Economic Development Committee
      reports favorably Assembly Bill No. 2226.
          This bill would suspend the assessment of fines against small
      businesses for certain minor first-time paperwork violations. Under
      the bill, a small business is defined as a business entity that employs
      50 full-time employees or fewer and qualifies as a small business
      concern as defined in the federal “Small Business Act.”
          Under the bill, a fine would not be suspended if:
          the violation has the potential to cause serious harm to the
             public interest;
          failure to impose a fine or penalty would impede or interfere
             with the detection of criminal activity;
          the violation concerns the assessment or collection of any
             tax, debt, revenue, or receipt;
          the violation was not corrected within six months of the date
             the small business received notification of the violation; or
          except as provided below, the violation presents a danger to
             public safety.
          If a State agency or regulatory authority determines that the
      violation presents a danger to the public safety, the agency or
      regulatory authority may nevertheless suspend the assessment of a fine
      under certain circumstances if the violation is corrected within 24
      hours after notification to the business of the violation.
          This bill was pre-filed for introduction in the 2020-2021 session
      pending technical review. As reported, the bill includes the changes
      required by technical review, which has been performed.

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