Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblywoman BARBARA MCCANN STAMATO
District 31 (Hudson)
Assemblywoman AURA K. DUNN
District 25 (Morris and Passaic)
Co-Sponsored by:
Assemblywomen Fantasia and Murphy
SYNOPSIS
Increases penalties for denying access to public facilities, NJT, and transportation network companies to service dogs and their handlers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning penalties for denying access to public facilities, New Jersey Transit, and transportation network companies to service dogs and their handlers and amending P.L.2017, c.169.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2017, c.169 (C.10:5-29.11) is amended to read as follows:
1. a. Any person who interferes with or denies the access of a person with a disability accompanied by a service or guide dog to any public facility in violation of section 1 of P.L.1971, c.130 (C.10:5-29), or to any form of transportation operated by or under contract to the New Jersey Transit Corporation in violation of section 1 of P.L.2016, c.25 (C.27:25-5b), or to any transportation network company in violation of section 15 of P.L.2017, c.26 (C.39:5H-15) shall, in addition to any other relief or affirmative action provided by law, be [liable to a civil penalty of not less than:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 for the third] charged with a petty disorderly persons offense for the first violation, and with a disorderly persons offense for the second and each subsequent violation. Notwithstanding the provisions of N.J.S.2C:43-8, a disorderly persons offense committed in violation of section 1 of P.L.1971, c.130 (C.10:5-29) shall carry a term of imprisonment of up to one year. As used in this section, a “transportation network company” means the same as the term is defined by section 2 of P.L.2017, c.26 (C.39:5H-2).
b. [The penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction.] A law enforcement officer having enforcement authority in that municipality shall issue a summons for a violation of the provisions of subsection a. of this section, and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court.
The issuance of a summons pursuant to this subsection shall not prohibit an aggrieved party from filing a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a violation of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), based on the same incident or conduct. In any instance where an aggrieved party files a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a violation of the "Law Against Discrimination" based on the same incident or conduct for which a [civil] penalty has been imposed pursuant to subsection a. of this section, the Division on Civil Rights or Superior Court of New Jersey, as the case may be, shall make a de novo ruling and any adjudication by the municipal court shall not constitute res judicata for the complaint or action filed with the Division on Civil Rights or in the Superior Court of New Jersey.
c. The penalties assessed under this section shall be payable to the State Treasurer and shall be appropriated to the Department of Law and Public Safety to fund educational programs for law enforcement officers on the right of a person with a disability to have a service or guide dog in a place of public accommodation.
d. The Attorney General shall establish a public awareness campaign to inform the public about the provisions of this act.
(cf: P.L.2017, c.169, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill increases the penalties, from civil to criminal, for any person who denies or interferes with the access of a service dog or their handler to a public facility, to any form of transportation operated by the New Jersey Transit Corporation, or any transportation network company.
Currently, any person who interferes or denies the access of a service dog or their handler to a public facility is liable for civil penalties as follows:
· $250 for the first violation;
· $500 for the second violation; and
· $1,000 for the third and each subsequent violation.
This bill would subject any person denying access to a public facility, to any form of transportation operated by NJT, or any transportation network company towards a service dog or their handler to criminal penalties. A person in violation of section 1 of P.L.1971, c.130 (C.10:5-29), or section 1 of P.L.2016, c.25 (C.27:25-5b), or section 15 of P.L.2017, c.26 (C.39:5H-15) would be charged with a petty disorderly persons offense for the first violation, and a disorderly persons offense for the second and each subsequent violation.
A petty disorderly persons offense is punishable by imprisonment for up to 30 days, a fine of up to $500, or both. A disorderly persons offense is punishable by imprisonment for up to six months, a fine of up to $1,000, or both; however, for a second and each subsequent violation, the standard term of up to six months’ imprisonment has been increased to up to one year.