[Third Reprint]

ASSEMBLY, No. 591

STATE OF NEW JERSEY

218th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

Sponsored by:

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)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

Senator  NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

Co-Sponsored by:

Assemblywomen McKnight, Mosquera, Assemblyman Schaer and Senator Ruiz

SYNOPSIS

     Prohibits discrimination against cash-paying consumers.

CURRENT VERSION OF TEXT

     As amended by the Senate on December 17, 2018.

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 2}The 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; ³[and]³

(3)   any parking facility that accepts mobile payment, provided that the facility does not accept payment by any means other than mobile payment ³; and

(4)   any company in the business of renting motor vehicles, provided that the company accepts a cashier’s check or a certified check when offered by a buyer as payment³.

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.