N.J. Stat. tit. 52, ch. 14C

in effect

N.J. Stat. § 52:14C-1 Short title

This act shall be known as the "Executive Reorganization Act of 1969." L.1969, c. 203, s. 1, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-2 Determinations by governor; legislative declaration

(a) The Governor shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to accomplish the following purposes: (1) To promote the better execution of the laws, the more effective management of the Executive branch and of its agencies and functions, and the expeditious administration of the public business; (2) To reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Executive; (3) To increase the efficiency of the operations of the Executive to the fullest extent practicable; (4) To group, co-ordinate, and consolidate agencies and functions of the Executive, as nearly as may be, according to major purposes; (5) To reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Executive; and (6) To eliminate overlapping and duplication of effort. (b) The Legislature declares that the public interest demands the carrying out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this act, and can be accomplished more speedily thereby than by the enactment of specific legislation. L.1969, c. 203, s. 2, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-3 Definitions

For the purpose of this act: (a) "Agency" means-- (1) Any division, bureau, board, commission, agency, office, authority or institution of the executive branch created by law, whether or not it receives legislative appropriations, or parts thereof; (2) Any office or officer in any agency, but does not include the State Auditor; (b) "Reorganization" means a transfer, consolidation, merger, co-ordination, authorization, or abolition, referred to in section 4 of this chapter; and (c) "Officer" is not limited to persons receiving compensation for their services. L.1969, c. 203, s. 3, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-4 Findings by governor; preparation of reorganization plan; delivery to legislature; filing with secretary of state

(a) When the Governor, after investigation, finds that-- (1) The transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; or (2) The abolition of all or a part of the functions of an agency; or (3) The consolidation, merger, or co-ordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; or (4) The consolidation, merger, or co-ordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; or (5) The authorization of an officer to delegate any of his functions; or (6) The abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions; is necessary to accomplish one or more of the purposes of section 2 of this act, he shall prepare a reorganization plan for the execution of the reorganization as to which he has made findings and which he includes in the plan, and transmit the plan (bearing an identification number) to the Legislature, together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to accomplish one or more of the purposes of section 2 of this act. (b) The Governor shall deliver to the Senate and General Assembly on the same session day a reorganization plan. In his message transmitting a reorganization plan, the Governor shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function and the reduction of expenditures (itemized so far as practicable) or increase in effectiveness and efficiency that it is probable will be brought about by the taking effect of the reorganization included in the plan. (c) A copy of the reorganization plan shall be transmitted to and filed with the Secretary of State for publication in issue of the New Jersey Register next following said filing. L.1969, c. 203, s. 4, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-5 Reorganization plan provisions

A reorganization plan transmitted by the Governor under section 4 of this act-- (a) May change, in such cases as the Governor considers necessary, the name of an agency affected by a reorganization and the title of its heads and shall designate the name of an agency resulting from a reorganization and the title of its head; (b) May provide for the appointment and compensation of the head and one or more officers of an agency (including an agency resulting from a consolidation or other type of reorganization) if the Governor finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary. The head so provided may be an individual or may be a commission or board with more than one member. In case of such an appointment, the term of office may not be fixed for a period in excess of the term remaining to be served by the then Governor, the pay may not be at a rate in excess of that found by the Governor to be applicable to comparable officers in the Executive branch, and, if the appointment is not to a position in the competitive service, it shall be made by the commissioner or other chief executive officer, board or commission of the executive department affected. (c) Shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; (d) Shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the Governor considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective. However, the unexpended balances so transferred may be used only for the purposes for which the appropriation was originally made; and (e) Shall provide for terminating the affairs of an agency abolished. L.1969, c. 203, s. 5, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-6 Reorganization plan provisions prohibited

(a) A reorganization plan may not provide for, and a reorganization under this act may not have the effect of-- (1) Creating a new principal department in the Executive branch, abolishing or transferring a principal department or all the functions thereof, or consolidating 2 or more principal departments or all the functions thereof; (2) Continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; (3) Authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to the Legislature; (4) Increasing the term of an office beyond that provided by law for the office. (b) A reorganization plan may take effect as provided in section 7. L.1969, c. 203, s. 6, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-7 Effective date of reorganization plan

(a) Except as otherwise provided by subsections (b) and (c) of this section, a reorganization plan shall take effect at the end of a period of 60 calendar days after the date on which the plan is transmitted to the Senate and General Assembly on a day on which both thereof shall be meeting in the course of a regular or special session unless, between the date of transmittal and the end of the 60-day period, the Legislature passes a concurrent resolution stating in substance that the Legislature does not favor the reorganization plan. (b) Under provisions contained in a reorganization plan, a provision of the plan may be effective at a time later than the date on which the plan otherwise is effective. (c) A reorganization plan which is not disapproved in the manner provided by subparagraph (a) of this section shall have the force and effect of law and the Secretary of State shall cause the same to be printed and published in the annual edition of the public laws under a heading of "Reorganization Plans." L.1969, c. 203, s. 7, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-8 Effect of act on rights acquired under civil service, pension law or retirement system

Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or any pension law or retirement system. L.1969, c. 203, s. 8, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-9 Effect of act on prior orders, rules and regulations

This act shall not affect any order, rule or regulation made or promulgated prior to the effective date of a reorganization plan by any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been assigned or transferred to any other officer, authority or agency pursuant to a reorganization plan; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. L.1969, c. 203, s. 9, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-10 Effect of act on actions or proceedings

This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been transferred or abolished pursuant to this act; nor shall any reorganization affect any order or recommendation made by, or other matters or proceedings before, any department, commission, council, board, officer, authority or agency, the functions, powers and duties of which have been transferred or abolished pursuant to a reorganization plan under this act. L.1969, c. 203, s. 10, eff. Jan. 13, 1970.

N.J. Stat. § 52:14C-11 Inconsistent acts

All acts and parts of acts inconsistent with any of the provisions of this act and with a reorganization plan adopted hereunder, are, to the extent of such inconsistency, hereby repealed. L.1969, c. 203, s. 11, eff. Jan. 13, 1970.

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