Senate Commerce Committee Statement to Senate, No. 3208 — State of New Jersey (January 26, 2023)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 3208, State of New Jersey, dated January 26, 2023, reporting the bill favorably 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 without a significant adverse impact to public safety or welfare. Violations of a criminal nature, intentional or knowing acts, grounds for license revocation or debarment, and violations of State employment or labor-related law are excluded. The business would have 60 calendar days to resolve the violation, agencies must report waived infractions annually on their websites, and the bill is identical to Assembly Bill No. 4753.

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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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