ASSEMBLY, No. 591
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Assemblywomen McKnight, Mosquera and Assemblyman Schaer
Prohibits discrimination against cash-paying consumers.
CURRENT VERSION OF TEXT
As reported by the Senate Commerce Committee on December 3, 2018, with amendments.
An Act concerning payments by consumers and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1[It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a] a. A1 person selling or offering for sale goods or services at retail 1[to] shall not1 require a buyer to pay using credit or to prohibit cash as payment in order to purchase the goods or services. A person selling or offering for sale goods or services at retail shall accept legal tender when offered by the buyer as payment.
1b. A person in violation of subsection a. of this section shall be subject to a civil penalty of up to $2,500 for a first offense and up to $5,000 for a second offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A third violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this subsection shall be considered a first offense under P.L.1960, c.39 (C.56:8-1 et seq.).
A fourth or subsequent violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this subsection shall be considered a subsequent offense under P.L.1960, c.39 (C.56:8-1 et seq.).
c.1 2The provisions of this section shall not apply to:
(1) any person selling goods or services at an airport, provided that at least two persons selling food at each terminal within the airport accept cash as payment;
(2) any parking facility owned by a municipality, regardless of whether the facility is operated by the municipality, a parking authority, or an independent third party; and
(3) any parking facility that accepts mobile payment, provided that the facility does not accept payment by any means other than mobile payment.
d.2 As used in this section, “at retail” shall include any retail transaction conducted in person and exclude any telephone, mail, or Internet-based transaction.
2. This act shall take effect immediately.