SENATE, No. 87

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator LIPMAN

An Act concerning penalties for violations of certain civil rights and amending P.L.1983, c.412.

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

    1. Section 2 of P.L.1983, c.412 (C.10:5-14.1a) is amended to read as follows:

    2. Any person who violates any of the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), shall, in addition to any other relief or affirmative action provided by law, be liable to a penalty of not more than[$2,000.00] $25,000.00 for the first offense and not more than[$5,000.00] $50,000.00 for the second and each subsequent offense. The penalties shall be determined by the director in such amounts as he deems proper under the circumstances and included in his order following his finding of an unlawful discrimination or an unlawful employment practice pursuant to section 16 of P.L.1945, c.169 (C.10:5-17). Any such amounts collected by the director shall be paid forthwith into the State Treasury for the general purposes of the State, except that at least 50% of each penalty, upon collection, shall be dedicated to the operational expenses of the division.

(cf: P.L.1983, c.412, s.2)

    2. This act shall take effect immediately.

STATEMENT

    At present, a person who violates the provisions of the New Jersey Law Against Discrimination," N.J.S.A.10:5-1 et seq., is subject to a penalty of up to $2,000 for a first violation and up to $5,000 for a second or subsequent violation. This bill increases these penalties to provide that a violator shall be subject to a penalty of up to $25,000 for a first offense and up to $50,000 for a second or subsequent violation.

    In addition, the bill provides that at least 50% of each penalty, upon collection, shall be dedicated to the operational expenses of the Division of Civil Rights.

Increases penalties for violations of Law Against Discrimination and dedicates portion to expenses of division.