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statute, enacted in 1903, which is outdated and no longer necessary,
should be repealed; and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
GOVERNOR
Attest:
/s/
M. Robert DeCotiis
Chief Counsel to the Governor
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