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GENERAL ASSEMBLY OF STATE OF NEW JERSEY v. BYRNE

90 N.J. 376 (1982)

448 A.2d 438

THE GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY, APPELLANT, v. BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, AND HOWARD H. KESTIN, DIRECTOR, OFFICE OF ADMINISTRATIVE LAW, RESPONDENTS, AND IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR. THE SENATE OF THE STATE OF NEW JERSEY AND JOSEPH P. MERLINO, INDIVIDUALLY AND AS PRESIDENT OF THE SENATE OF THE STATE OF NEW JERSEY, APPELLANTS, v. BRENDAN BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY AND HOWARD H. KESTIN, DIRECTOR, OFFICE OF ADMINISTRATIVE LAW, RESPONDENTS, AND IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR.

The Supreme Court of New Jersey.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Leon J. Sokol and Lawrence T. Marinari, Jr., argued the cause for appellants (Greenstone & Sokol and Marinari & Farkas, attorneys; Michael D. Solomon and Robert D. Farkas, on the brief).

Brendan T. Byrne, ad hoc Counsel to the Governor, Kenneth D. Merin, Deputy Chief Counsel to the Governor and Jack F. Trope, Assistant Counsel to the Governor, argued the cause for respondent Brendan T. Byrne, Governor of the State of New Jersey (W. Cary Edwards, Chief Counsel to the Governor, attorney; Kenneth D. Merin and Jack F. Trope, of counsel; Jack F. Trope and Doreen Stagnaro-Green, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, and Michael R. Cole, Assistant Attorney General, argued the cause for respondent Howard H. Kestin, etc. and intervenor (Irwin I. Kimmelman, attorney; Richard M. Hluchan and William Harla, Deputy Attorneys General, on the brief).

The opinion of the Court was delivered by PASHMAN, J.

The General Assembly seeks a declaratory judgment that the Legislative Oversight Act, L. 1981, c. 27, N.J.S.A. 52:14B-4.1 to -4.9, is constitutional. The act allows the Legislature to veto by a concurrent resolution of both houses "[e]very rule hereafter proposed by a State agency," with certain limited exceptions. N.J.S.A. 52:14B-4.1, 4.4.

We hold that the legislative veto provision...

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