Christie’s Executive Orders
Suspend Rule Proposals

On his second day in office, Gov. Chris Christie issued his first eight executive orders – four of which affect school boards. 

Freezes Rule Proposals In Executive Order 1, the governor suspended the adoption process for a list of 154 rule proposals, finding that they can be “frozen” without compromising public health, safety or welfare, and without impinging on citizens’ rights, or adversely affecting the state’s ability to obtain federal funds or perform essential operations. The suspension of the proposed rules takes place for a 90 day period. Among the frozen rule proposals are provisions involving student transportation, the evaluation of school districts (NJQSAC), the process and procedures by which the education commissioner decides school law controversies and disputes, facilities grants, speech therapist licensing and pupil immunization. The governor also created a list of 70 proposed regulations that are not frozen. Rule proposals on the “not frozen” list include proposals on charter schools, joint insurance funds, Public Employees Occupational Safety and Health Act safety standards, the Public Employment Relations Commission, the Election Law Enforcement Commission and homestead property rebates. Any rules that were sent to the New Jersey Register but not yet published must be withdrawn by the head of the proposing agency. Within 10 days of the Executive Order being issued, the head of each relevant state agency must review the lists of frozen and non-frozen regulations to advise the lieutenant governor whether changes should be made to either list.

Extends Expiring Rules Executive Order 1 states that the expiration date of any regulation that would ordinarily expire before April 18, 2010 is extended until the Red Tape Review Group completes its review and until the extended regulation is readopted. (The Red Tape Review Group is newly created to reevaluate existing and proposed rules.) It also appears that any current regulations having an expiration date later than April 18, such as the NJQSAC regulations which expire in July, will continue in effect during the Review Group’s reassessment.

Red Tape Review Group The Red Tape Review Group, created by Executive Order 3 and chaired by the lieutenant governor, will review and identify rule proposals that are unworkable, overly-proscriptive or ill-advised. The group is charged with the review of certain rules, regulations and processes that are a burden on New Jersey’s economy, as well as the review of all pending and proposed rules and regulations, and all Executive Orders from previous administrations. The group must solicit written and oral comments from the public and consider them in a report that it must make with recommendations to rescind, repeal or amend any provisions that unduly burden business and workers.

The Red Tape Review Group’s report is due to the governor within 90 days of the Executive Order.

Common Sense Principles In Executive Order 2, the governor establishes and directs all state agencies to adhere to “Common Sense Principles” for state rules and regulations. Citing the need to encourage a competitive economy to benefit businesses and ordinary citizens, Gov. Christie crafted his principles to provide immediate, intermediate and long-term relief from regulatory burdens. Some of the steps for immediate relief include soliciting advice from experts in advance of rulemaking, allowing waivers from strict compliance, engaging in cost/benefit analysis, avoiding requirements that exceed those of federal law, and cultivating an approach that elevates compliance over penalty.

No Unfunded Mandates Executive Order 4 prohibits state agencies from proposing any regulation containing an unfunded mandate as defined under existing state law and the Constitution, without the governor’s written authorization. An agency that proposes any mandate must solicit input from local governments, businesses, residents, and public stakeholders, and any proposals containing a mandate must be accompanied by a report to the lieutenant governor including the funding source for the regulation, and summarizing the input received from stakeholders. Within 30 days of receiving any such report, the lieutenant governor must inform the state agency whether the proposed regulation would constitute an unfunded mandate and, if so, recommend changes to bring the proposal into compliance. 

Copyright © 2010 New Jersey School Boards Association. All rights reserved.