ASSEMBLY, No. 104

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman HOLZAPFEL

An Act concerning endangered and nongame species and amending P.L.1973, c.309.

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

    1. Section 10 of P.L.1973, c.309 (C.23:2A-10) is amended to read as follows:

    10. a. If any person violates any of the provisions of this act or any rule, regulation or order [promulgated] adopted or issued pursuant to the provisions of this act, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the [said] court may proceed in the action in a summary manner.

    b. Any person who violates the provisions of this act or any rule, regulation or order [promulgated] adopted or issued pursuant to this act shall be liable to a civil penalty of not less than [$100.00] $250 and not more than[$3,000.00] $5,000 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. [Penalties] Civil penalties recovered for violations hereof shall be remitted as provided in R.S.23:10-19. The Superior Court and municipal court shall have jurisdiction to enforce [said penalty enforcement law.]"the penalty enforcement law."

    If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.

    c. The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.

(cf: P.L.1991, c.91, s.278)

    2. This act shall take effect immediately.

STATEMENT

    This bill would increase the civil penalty for violating "The Endangered and Nongame Species Conservation Act" to a minimum of $250 and a maximum of $5,000. Currently, the minimum civil penalty is $100 and the maximum is $3,000.

Increases penalty for violation of "The Endangered and Nongame Species Conservation Act."