State of New Jersey
Executive Order #60

Governor James J. Florio

This Executive Order rescinds Order #31 (Kean)

WHEREAS, N.J.S.A. 48:12-109 et seq. authorizes certain officers and employees of the State of New Jersey to utilize rail service within the borders of the State, free of charge; and

WHEREAS, this statute, enacted in 1903, which is outdated and no longer necessary, should be repealed; and

WHEREAS, the number of railroad passes issued under the authority of this statute has been reduced over the past two years to approximately 234, a reduction from 433 in 1989; and

WHEREAS, rail travel is a cost-effective and environmentally-sound mode of transportation for State officials to utilize while conducting official State business; and

WHEREAS, unauthorized personnel of the State have used such rail passes without providing a detailed accounting for their usage; and

WHEREAS, the use of these rail passes by members of the Executive Branch should be limited to transportation for purposes related strictly to State business; and

WHEREAS, this Executive Order is being executed as a part of continuing efforts to curtail inefficiencies in State government; and

WHEREAS, it is necessary during tough economic times to maximize New Jersey transit's revenues to avoid any unnecessary costs being passes on to the commuting public; and

WHEREAS, Governor Thomas H. Kean, on January 19, 1983, signed Executive Order No. 31 (Kean) which directed that N.J.S.A. 48:12-109 et seq. be construed so that no rail pass may be issued to any State officer or employee not specifically entitled to such a pass under this statute, but permitted personal commutation to and from work; and

WHEREAS, Executive Order No. 31 (Kean) also placed the responsibility for issuing rail passes with the Secretary of State without conferring upon him adequate authority to monitor and enforce this process;

NOW, THEREFORE, I, JAMES J. FLORIO, 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 terms of N.J.S.A. 48:12-109 et seq. shall continue to be strictly applied to ensure that no rail pass is issued to any person not specifically entitled to such a pass under the statute.

2. No Executive Branch officer or employee of the State of New Jersey shall be permitted to use such rail passes for personal commutation to and from work. The use of these rail passes shall be limited solely to purposes directly related to the conduct of official State business.

3. Rail passes shall no longer be individually assigned, but shall be issued to the various State Departments which are responsible for their use. The passes shall be held in the Office of the Commissioner/Secretary or their designees to be assigned on an as-needed basis. Each office shall maintain a log of the usage of these, passes which shall include specific information to be set forth in a form determined by the Secretary of State.

4. The Secretary of State shall continue to have the responsibility of issuing rail passes, and shall also be responsible for overseeing the usage of the passes as well as promulgating guidelines in furtherance of the intentions of this Order.

5. The directives of this Order shall not apply to members of the Legislative or Judicial branches of State government who are statutorily entitled to rail passes. Also, this Order shall not apply to employees, their spouses and retirees of New Jersey Transit who have a right to these rail passes through their collective bargaining agreement under law.

6. Executive Order No. 31 of 1983 (Kean) is rescinded.

7. This Order shall take effect immediately.

GIVEN, under my hand and seal this
29th day of May in the Year of Our
Lord, one thousand nine hundred and
ninety-two, and of the Independence
of the United States, the two hundred
and sixteenth.

/s/ James J. Florio


M. Robert DeCotiis
Chief Counsel to the Governor