ASSEMBLY, No. 4255

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JUNE 24, 2013

 


 

Sponsored by:

Assemblyman† WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

†††† Permits Sunday motor vehicle sales in certain counties.

 

CURRENT VERSION OF TEXT

†††† As introduced.

 


An Act concerning Sunday motor vehicle sales and amending P.L.1999, c.90.

 

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

 

†††† 1.††† Section 4 of P.L.1999, c.90 (C.2C:33-26) is amended to read as follows:

†††† 4.††† [Except as provided in section 1 of P.L.2011, c.29 (C.39:10-38), a person who engages in the business of buying, selling, or exchanging motor vehicles or who opens a place of business and] A person may engage in the buying, selling, or exchanging of motor vehicles or may open a place of business to engage in such conduct on any day of the week, except that a person shall not be permitted to engage in the business of buying, selling, or exchanging motor vehicles or open a business to engage in such conduct on a Sunday in any county where Sunday sales are prohibited pursuant to sections 14 through 18 of P.L.1999, c.90 (C.40A:64-1 through C.40A:64-5). Any person who attempts to engage in such conduct on a Sunday in a county where Sunday sales are prohibited pursuant to sections 14 through 18 of P.L.1999, c.90 (C.40A:64-1 through C.40A:64-5) commits a disorderly persons offense. The first offense is punishable by a fine not to exceed $100 or imprisonment for a period of not more than 10 days or both[;] , the second offense is punishable by a fine not to exceed $500 or imprisonment for a period of not more than 30 days or both[;] , and the third or each subsequent offense is punishable by a fine of $750 or imprisonment for a period of six months or both.† If the person is a licensed dealer in new or used motor vehicles in this State, under the provisions of chapter 10, Title 39 of the Revised Statutes, the person shall also be subject to suspension or revocation of [his] the personís dealer's license to engage in the business of buying, selling, or exchanging motor vehicles in this State as provided in Title 39, chapter 10, section 20, for violation of this statute. †Nothing contained in this section shall be construed to prohibit a person from accepting a deposit to secure the sale of a recreational vehicle, as defined in section 1 of P.L.1999, c.284 (C.54:4-1.18), at an off-site sale authorized pursuant to section 2 of P.L.2005, c.351 (C.39:10-19.2), on a Sunday.† Nothing contained in this section shall be construed to [prohibit a dealer, engaged in the business of selling motorcycles and licensed pursuant to R.S.39:10-19, and who holds a franchise from a manufacturer of new motorcycles from engaging] permit a person to engage in the business of buying, selling, or exchanging motorcycles or opening a place of business to engage in such conduct on a Sunday[, except that such a dealer shall be prohibited from engaging in the business of buying, selling, or exchanging motorcycles on a Sunday] in a county where Sunday sales are prohibited pursuant to sections 14 through 18 of P.L.1999, c.90 (C.40A:64-1 [et seq.) and for a violation of] through C.40A:64-5).† A person who violates this prohibition shall be subject to the penalties provided in this section for the buying, selling, or exchanging of motor vehicles on a Sunday.† As used in this section, the terms "dealer," "motor vehicle," and "motorcycle" shall have the meaning set forth in R.S.39:1-1.

(cf: P.L.2011, c.29, s.2)

 

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

 

 

STATEMENT

 

†††† This bill permits the sale of motor vehicles on Sunday, except in any county that prohibits commercial and retail sales on Sunday. Under current law, buying, selling, or exchanging a motor vehicle on a Sunday is prohibited. Any person engaging in that conduct may be found guilty of a disorderly person offense and is subject to fines, imprisonment, or both.

†††† This bill provides New Jersey business owners with an opportunity to potentially generate new or additional business without criminal penalties and provides the State with the opportunity to potentially generate tax revenue. The bill will not interfere with current Sunday retail or commercial sale prohibitions in any county that has elected through referendum to provide the citizens of that county with a day of rest through the closure of non-essential businesses on Sunday.