Bill Text: NJ A2928 | 2018-2019 | Regular Session | Introduced
Bill Title: Exempts various local units of government from State permitting fees and permits the reimbursement of violation fines under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly State and Local Government Committee [A2928 Detail]
Download: New_Jersey-2018-A2928-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Exempts various local units of government from State permitting fees and permits the reimbursement of violation fines under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning local unit exemption from State permit fees and reimbursement of certain fines and supplementing chapter 13H of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this section:
"Issuing authority" means any State department or agency authorized to impose a fine or penalty against a local unit for a violation of a State regulation;
"Local unit" means a county, municipality, or any agency or instrumentality thereof, including a county college, a school district, or any entity subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.);
"State permit fee" means any charge or fee imposed by a State department or agency related to the application for and issuance of a permit that is required to conduct a regulated activity.
b. Notwithstanding any law, rule, or regulation to the contrary, a local unit is exempt from the payment of any State permit fee, for any purpose, imposed on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. (1) Notwithstanding any law, rule, or regulation to the contrary, a local unit may request extinguishment or reimbursement of any fine or penalty levied against it by an issuing authority for a violation of a State law or regulation by filing a request with the issuing authority. A copy of the request shall be filed with the Local Finance Board.
(2) A request for extinguishment or reimbursement of any fine or penalty shall be granted if the violation is resolved within one year of the issuance of the notice of violation, unless, for public safety reasons the issuing authority requires a shorter resolution period.
2. This act shall take effect immediately.
STATEMENT
This bill exempts counties, municipalities, and entities created by them, and school districts from State permitting fees. This concept is similar to that set forth in N.J.S.A.52:27D-126c, which exempts various governmental units from municipal fees and charges for construction permits. The State permitting fees have the same effect as an unfunded mandate on local units because the property tax and customer service fees, in the case of local authorities, are the only source of revenue available to pay the permitting fees. In addition, the bill would also allow a local unit to request that a fine or penalty that has been levied against it by a State department or agency be extinguished or reimbursed; provided that the local unit resolves the underlying violation within a year's time. The issuing authority may require a shorter resolution period when the public safety is a concern.
