New Jersey Department of State New Jersey Department of State
Lt. Governor
Kim Guadagno
On November 3, 2009, the people of New Jersey elected Kim Guadagno as the first Lieutenant Governor in the state's history.
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New Jersey Department of State
P.O. Box 300
Trenton, NJ 08625

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Red Tape Commission

Executive Order #3, Governor Chris Christie
Creates a Red Tape Review Group

WHEREAS, it is imperative that the hundreds of proposed and pending State rules and regulations, as well as the hundreds of operative Executive Orders by previous Governors, should be thoroughly reviewed, in a thoughtful, balanced and expeditious way in order to assess their potential or actual effects on New Jersey’s economy, to determine whether their costs and other burdens on businesses, workers and local governments outweigh their intended benefits, and to provide a basis for recommendations to the Governor to withdraw or amend any proposed rules and regulations that unduly burden New Jersey’s businesses, workers, and local governments; and

WHEREAS, this review should be conducted by a bipartisan group of persons, including representatives from both the Executive and Legislative Branches of State Government, who are devoted to the common goal of promptly addressing New Jersey’s urgent economic crisis; and

WHEREAS, this review should be conducted with transparency, including an opportunity for members of the public to obtain information about the group’s ongoing work and to communicate pertinent information and opinions in an appropriate and effective manner;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  • 1. There is hereby created a Red Tape Review Group (or “Group”), which shall undertake a review of certain rules, regulations and processes that are a burden on New Jersey’s economy. In addition, the Group shall comprehensively review all pending and proposed rules and regulations, as well as all operative Executive Orders from previous administrations, in order to assess their effects on New Jersey’s economy and to determine whether their burdens on business and workers outweigh their intended benefits.
  • 2. The Group shall provide a written report to the Governor, making detailed recommendations to rescind, repeal or amend any provisions that unduly burden business and workers within 90 days of the date of this Order.
  • 3. The Red Tape Review Group shall be chaired by the Lieutenant Governor.
  • 4. The Group shall consist of the Lieutenant Governor, the Chief Counsel to the Governor, or his designee, the Commissioner of the Department of Environmental Protection, or his designee, theCommissioner of the Department of Community Affairs, or his/her designee, the President of the Senate and the Speaker of the General Assembly, or their respective designees, the Senate Minority Leader and the General Assembly Minority Leader, or their respective designees. The Lieutenant Governor may, at her discretion, appoint additional persons to provide the Group with necessary and appropriate expertise and stakeholder representation.
  • 5. The Chair shall have the discretion to make internal rules of procedure regarding the Group’s governance and operations, including the number of Members sufficient to vote for itsrecommendations and the form of its reports.
  • 6. All departments and agencies, and all authorities that are required to submit their minutes, resolutions or actions for gubernatorial approval or veto shall cooperate fully with the Group in the implementation of this Order, and shall promptly furnish the members of the panel with any and all information that they may from time to time request.
  • 7. The Group is authorized to call upon any department, office, division or agency of this State to supply it with data and other information, personnel or assistance it deems necessary to discharge its duties under this Order. Each department, officer, division or agency of the State is hereby required, to the extent not inconsistent with law, to cooperate with the panel and to furnish it with such information, personnel and assistance as is necessary to accomplish the purpose of this Order.
  • 8. The Group shall take care to solicit both written and oral comments from the public, including businesses, workers, professional, labor and community organizations, environmental and other affected persons or entities as the Group deems appropriate, and to consider the views expressed by those parties in any report.
  • 9.This Order is not intended to, and does not, confer any legal rights upon any persons or entities regulated by any agency of the New Jersey State Government, and it shall not be used as a basis for legal challenges to statutes, regulations, or other actions or to any inaction of any governmental entity subject to it.
  • 10. This Order shall take effect immediately.

GIVEN, under my hand and seal this 20th day of January, Two Thousand and Ten, and of the Independence of the United States, the Two Hundred and Thirty-Fourth.

/s/ Chris Christie
Governor

Executive Order #41, Acting Governor Kim Guadagno
Establishes a Red Tape Review Commission

WHEREAS, Executive Order No. 3 (2010) created a Red Tape Review Group (“Review Group”) to review pending and proposed rules, regulations, prior Executive Orders, and processes that are, or may be, unduly burdensome to the State’s economy; and

WHEREAS, in furtherance of the Governor’s Order, the Review Group studied hundreds of pages of proposed regulations and rules, and met publicly with stakeholders throughout the State regarding ways to improve New Jersey’s regulatory system; and

WHEREAS, on April 19, 2010, after conducting a comprehensive review of all pending and proposed rules, regulations, and prior Executive Orders, the bi-partisan Review Group completed its work and submitted its findings and recommendations to the Governor (the “Findings”); and

WHEREAS, the Findings recommended a series of executive policy changes and legislative proposals designed to improve administrative rulemaking by State agencies; and

WHEREAS, as part of Governor Christie’s commitment to constantly improve the regulatory environment in this State, it is appropriate for a new Red Tape Review Commission (“Review Commission”) to be formed in order to provide ongoing advice to the Governor on rules, regulations, Executive Orders, and other administrative processes that could hamper economic development in New Jersey; and

WHEREAS, Governor Christie recently took executive action to abolish several dozen boards, commissions, task forces, and other entities that were established to study important policies and to issue recommendations to the Governor, but which continued to exist following the completion of their assigned tasks, it is appropriate that the new Review Commission be subject to reauthorization after three (3) years to determine whether it remains necessary, or whether it should expire at that time and thereby not endure as an ongoing part of State Government;

NOW, THEREFORE, I, KIM GUADAGNO, Acting Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  • 1. A Red Tape Review Commission (“Review Commission”) is hereby established. The Department of State shall provide support to the Review Commission from existing staff and resources.
  • 2. The Review Commission’s membership shall consist of up to nine (9) members to be appointed by the Governor. The members of the Review Commission shall serve without compensation and at the pleasure of the Governor.
  • 3. The following officials shall serve on the Review Commission, ex officio:
  • a. The Lieutenant Governor, or her designee; and
  • b. Four (4) members from the New Jersey State Legislature consisting of two (2) members from the New Jersey Senate and two (2) members from the New Jersey General Assembly, with no more than two (2) of the Legislators from the same political party as the Governor.
  • 4. The Review Commission shall also include up to four (4) public members with experience and expertise in the regulatory process.
  • 5. Any vacancy occurring in the membership of the Review Commission shall be filled in the same manner as an original appointment and the vacancy is not to affect the power of the remaining members to execute the duties of the Review Commission. The Review Commission shall organize as soon as practicable after the appointment of its members.
  • 6. The Lieutenant Governor, or her designee, shall serve as Chair of the Review Commission. The Review Commission shall have the discretion to make internal rules of procedure regarding the Review Commission’s governance and operations, including the number of members sufficient to vote for its recommendations and the form of its reports.
  • 7. The Review Commission shall:
  • a. review existing administrative rules and regulations to analyze their impact on job creation, economic growth, and investment in New Jersey;
  • b. solicit both written and oral comments from the public;
  • c. conduct at least three (3) public hearings each year, one each in the Southern, Central, and Northern regions of the State;
  • d. issue periodic written reports to the Governor, making detailed findings and recommendations that include an analysis of the following issues, among others: existing rules, regulations and legislation that are burdensome to the State’s economy; ways to improve the regulatory processes of State government; and on other areas relevant to administrative procedural reforms. These reports shall also be posted on the New Jersey Department of State’s web page.
  • 8. The Review Commission is authorized to call upon any department, office, division, or agency of this State to supply it with information and assistance as the Review Commission deems necessary to discharge its duties under this Order. Each department, office, division, or agency of this State is hereby required, to the extent not inconsistent with law, to cooperate fully with the Review Commission within the limits of its statutory authority and to furnish the Review Commission with such assistance on as timely a basis as is necessary to accomplish the purpose of this Order. The Review Commission is authorized to consult with experts or other knowledgeable or interested individuals in the public or private sector on any aspect of its mission.
  • 9. This Order is not intended to, and shall not, confer any legal rights upon any persons or entities regulated by any agency of the New Jersey State Government, and it shall not be construed or in any way cited or used in support of or as a basis for any legal challenge, including, but not limited to, challenges to statutes, regulations, or other actions or to any inaction of any governmental entity subject to this Order.
  • 10. Executive Order No. 3 (2010) which created a Red Tape Review Group is hereby rescinded.
  • 11. This Order shall take effect immediately and shall expire on December 31, 2013.

GIVEN, under my hand and seal this 23rd day of September, Two Thousand and Ten, and of the Independence of the United States, the Two Hundred and Thirty-Fifth.

/s/ Kim Guadagno
Acting Governor

Executive Order #78 Governor Chris Christie
Created the State Strategic Plan Steering Committee ("Steering Committee") to ensure that State departments and agencies incorporate the goals, objectives, and values of a new SPC adopted State Plan into Department Strategic Plans

WHEREAS, Executive Order No. 3 (2010) created the bipartisan Red Tape Review Group, chaired by Lieutenant Governor Kim Guadagno, to review certain rules, regulations, and processes that are a burden on New Jersey’s economy; and

WHEREAS, on April 19, 2010, the Red Tape Review Group issued its Findings and Recommendations and encouraged the development of a revised State Plan that aligns key principles with State agency rules and local master plans using the Business Action Center (“BAC”) and the Office for Planning Advocacy (“OPA”) to facilitate these priorities; and

WHEREAS, using State planning as a tool to align all levels of government behind a shared vision for future growth and preservation will focus capital spending and better coordinate New Jersey’s planning; and

WHEREAS, the goals of a new State Plan include the alignment of State government to ensure effective resource allocation, coordination, cooperation, and communication among those who play a role in economic and physical growth in New Jersey; and

WHEREAS, consistent with these goals, the Red Tape Review Group’s Findings and Recommendations for greater efficiencies and coordination and, as authorized under the State Planning Act (N.J.S.A § 52:18A-196, et seq.), the State Planning Commission (“SPC”) should consider as part of the approval process for review and revision of the State Development & Redevelopment Plan (the “State Plan”) a revised draft entitled “State Strategic Plan: NJ’s State Development and Redevelopment Plan”; and

WHEREAS, after the SPC adopts a new State Plan, the Executive Branch has the responsibility to lead this coordination and drive the State’s implementation of the new State Plan, thereby reducing onerous and burdensome red tape, improving efficiency, and strategically spurring targeted economic growth;

NOW, THEREFORE, I, CHRIS CHRISTIE,, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  • 1. The creation of a State Strategic Plan Steering Committee (“Steering Committee”) to work closely with the SPC and OPA to ensure that relevant State departments and agencies incorporate the goals, objectives, and values of a new SPCadopted State Plan into Department Strategic Plans, as hereinafter discussed, and relevant regulations, programs, policies, and operations.
  • 2.The Steering Committee shall:
  • a. Consist of the following cabinet members or their designees: the Secretary of Agriculture; the President of the Board of Public Utilities; the State Treasurer; the Secretary of State; the Commissioner of the Department of Community Affairs; the Commissioner of the Department of Education; the Commissioner of the Department of Environmental Protection; the Commissioner of the Department of Transportation; and the following non-cabinet members or their designees: the Deputy Chief of Staff for Policy and Planning in the Office of the Governor; the Executive Director of New Jersey Transit; the Executive Director of the New Jersey Economic Development Authority; and any other member determined by the Governor in the future;
  • b. Be chaired by the Lieutenant Governor (“Chairperson”), who shall be supported primarily by OPA staff and, as necessary, other State department and/or agency staff;
  • c. Have the following responsibilities and duties:
  • i. Provide support and guidance for the creation, development, and implementation of “Department Strategic Plans” by departments and/or agencies impacted by the State planning process and a new State Plan (“Impacted Departments”), and advise whether Department Strategic Plans are consistent with both a new State Plan and Department Strategic Plans of other Impacted Departments;
  • ii. Identify and advise whether relevant existing State funding is available to support priority State and local government actions consistent with the goals, objectives, and values identified and enumerated in a new State Plan;
  • iii. Serve as an inter-agency venue for agencies to address department-level conflicts in policies or practices that impact implementation of strategies identified and enumerated in a new State Plan or agreed upon actions of another Department Strategic Plan;
  • iv. Suggest methods to provide guidance and support for inter-agency cooperation and collaboration on specific issues of Statewide importance.
  • 3. Each Steering Committee member shall identify a liaison that shall, on behalf of his or her department:
  • a. Consult with the Steering Committee on Impacted Departments’ implementation of Department Strategic Plans that, to the extent feasible and practicable, align the actions, regulations, programs, policies, and operations in accordance with a new State Plan and the guidance offered by the Steering Committee;
  • b. Consult with the Steering Committee to align relevant existing funding for supporting local government and public projects that best meet the goals, objectives, and values identified and enumerated in a new State Plan;
  • c. Participate in working groups and/or mediation sessions to address issues related to implementing a new State Plan; and
  • d. Prior to the adoption, amendment, or repeal of any rule adopted pursuant to Section 4(a) of the Administrative Procedure Act (N.J.S.A. § 52:14B, et seq.), and in conjunction with existing procedures for the review of rules proposals and adoptions, work closely with the Steering Committee and the OPA to assess the impact of the proposed rule on the goals and principles of a new State Plan.
  • 4. Executive Order No. 4 (2002) is hereby rescinded.
  • 5. This Order shall take effect immediately.

GIVEN, under my hand and seal this 19th day of October, Two Thousand and Eleven, and of the Independence of the United States, the Two Hundred and Thirty-Sixth.

/s/ Chris Christie
Governor

Executive Order #155 Governor Chris Christie
Renews the charter of the bi-partisan Red Tape Review Commission (RTRC)

WHEREAS, Executive Order No. 3 (2010) created a Red Tape Review Group (“Review Group”) to review pending and proposed rules, regulations, prior Executive Orders, and processes that are, or may be, unduly burdensome to the State’s economy; and

WHEREAS, the Review Group recommended a series of executive policy changes and legislative proposals designed to improve administrative rulemaking by State agencies; and

WHEREAS, in furtherance of Governor Christie’s continued commitment to improving the regulatory environment in New Jersey, Executive Order No. 41 (2010) continued the efforts of the Review Group by establishing a bi-partisan Red Tape Review Commission (“Review Commission”) to provide on-going advice to the Governor on rules, regulations, legislation, Executive Orders, and other administrative processes that could hamper economic development in New Jersey; and

WHEREAS,in performing its work, the Review Commission has solicited public input from the regulated community, business associations, businesses and non-profits, and private citizens that have informed the Review Commission’s analysis of the impact of the regulatory environment on job creation, economic growth, and investment in New Jersey; and

WHEREAS,the recommendations of the Review Group and Review Commission have led to myriad regulatory and legislative changes that have improved New Jersey’s business and regulatory environments including, but not limited to: adoption of the Revised Uniform Limited Liability Company Act; revising laws and regulations concerning professional and occupational licensure; streamlining the Administrative Procedure Act and improving stakeholder involvement in the rulemaking process; modernizing procedures for contested case hearings before the Office of Administrative Law; and requiring State departments and agencies to leverage technology in their rulemaking and permitting efforts; and

WHEREAS, Executive Order No. 41 (2010) expired on December 31, 2013; and

WHEREAS, in view of the positive contributions of the Review Commission to New Jersey’s regulatory environment, it is therefore appropriate for the Review Commission to continue its work for an additional period to further provide invaluable contributions to improving administrative processes and facilitating economic development;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  • 1. Paragraph 11 of Executive Order No. 41 (2010) is amended to provide that the Review Commission shall continue in existence until December 31, 2015.
  • 2. This Order shall take effect immediately.

GIVEN, under my hand and seal this 30th day of April, Two Thousand and Fourteen, and of the Independence of the United States, the Two Hundred and Thirty-Eighth.

/s/ Chris Christie
Governor