Permits 30-calendar day extension to cure period for certain businesses to address and resolve certain violations.

A795 1R

[First Reprint]

ASSEMBLY, No. 795

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman DAVID BAILEY, JR.

District 3 (Cumberland, Gloucester and Salem)

Assemblyman ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman MICHAEL VENEZIA

District 34 (Essex)

Co-Sponsored by:

Assemblymen Inganamort, Karabinchak, Assemblywomen Park,
Fantasia, Simmons, Drulis, Murphy, Assemblyman Calabrese, Assemblywoman Swain,
Assemblyman Tully, Assemblywoman Haider and Assemblyman Sampson

SYNOPSIS

���� Permits 30-calendar day extension to cure period for
certain businesses to address and resolve certain violations.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Commerce and Economic
Development Committee on March 9, 2026, with amendments.

��

An Act
concerning the timeframe of cure periods for certain
businesses and amending P.L.2023, c.28.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2023,
c.28 (C.52:14B-10.2) is amended to read as follows:

���� 1.��� a. A State agency,
department, or authority, in its sole discretion, may suspend enforcement of
any monetary fine or civil penalty, for a period of 60 calendar days, that
would otherwise be imposed on a business for a first-time violation that does
not or would not result in a significant adverse impact to the public safety or
welfare, result in loss of income or benefits to an employee, or present the
risk of environmental harm.� This section shall not apply to any violation
where the violation is:

���� (1) of a criminal nature or
where failure to impose a fine or penalty would impede or interfere with the
detection of criminal activity;

���� (2) an intentional or knowing
act;

���� (3) grounds for the revocation
or suspension of the license, certification, good standing, or other
authorization to operate the business;

���� (4) grounds for the business
to be debarred by the Department of Labor and Workforce Development from
engaging in or bidding on public works contracts in New Jersey;

���� (5) any State employment or
labor-related law;

���� (6) grounds for issuance of a
stop-work order; or

���� (7) related to a program that
has been delegated to the State from the federal government, the violation is a
failure to comply with a federal requirement, and federal regulations mandate
the imposition of a fine or civil penalty.

���� A business shall address and
resolve the violation during the 60-calendar day cure period or shall be
assessed all fines and penalties available under the law upon the expiration of
that term.

���� b.��� Following notification
from a State agency, department, or authority that the agency, department, or
authority has decided, in its sole discretion, to suspend enforcement pursuant
to subsection a. of this section, the 60-calendar day cure period provided by
subsection a. of this act shall run from the date on which the business
receives notification of the violation in writing from the State agency.

���� c.���� Starting on January 1
of the year next following the effective date of P.L.2023, c.28
(C.52:14B-10.2), a State agency, department, or authority shall report, on an
annual basis, any infractions it has waived over the prior calendar year in
accordance with P.L.2023, c.28 (C.52:14B-10.2), in a prominent manner that is
accessible to the public on its Internet website.

���� d.��� A State agency,
department, or authority shall adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
as may be needed to effectuate this act.

���� e.����
A State agency,
department, or authority, as appropriate

1
[
,
]
and
1

in
its discretion, may

1
,
for good cause shown,
1

extend the 60-calendar day cure period an additional 30 calendar days

1
[
for a
business where the agency, department, or authority determines that not
providing the extension would be contrary to equity and good conscience
]
1
.

����
f.
���� As used in this
section:

���� "Business" means a
business entity that employs not more than 50 full-time employees or the
equivalent thereof.

���� "State employment or
labor-related law" includes, but is not limited to:

���� (1)� P.L.1965, c.173
(C.34:11-4.1 et seq.);

���� (2)� The "New Jersey
Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.);

���� (3)� The "New Jersey
State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.);

���� (4)� The workers' compensation
law, R.S.34:15-1 et seq.;

���� (5)� The "unemployment
compensation law," R.S.43:21-1 et seq.;

���� (6)� The "Temporary
Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.);

���� (7)� P.L.2008, c.17
(C.43:21-39.1 et al.);

���� (8)� The "New Jersey
Gross Income Tax Act," N.J.S.54A:1-1 et seq.; or

���� (9)� P.L.2018, c.10
(C.34:11D-1 et seq.).

(cf: P.L.2023, c.28, s.1)

���� 2.��� This act shall take
effect immediately.