SENATE STATE GOVERNMENT COMMITTEE

 

STATEMENT TO

 

SENATE, No. 765

 

STATE OF NEW JERSEY

 

DATED: MAY 9, 1996

 

      The Senate State Government Committee reports favorably Senate, No. 765.

      This bill amends the definition of "motor vehicle" in the law governing the purchase and sale of motor vehicles on Sundays (P.L.1955, c.254; C.2A:171-1.1 et seq.) to exclude manufactured homes, as defined in section 3 of P.L.1983, c.400 (C.54:4-1.4). As a result of this change, a manufactured home would not be considered the same as a motor vehicle and could not be excluded from Sunday sales, as are motor vehicles, pursuant to section 1 of P.L.1955, c.254 (C.2A:171-1.1).

      Under current law, manufactured home retailers who sell such products on Sunday risk a fine of up to $100 and imprisonment for up to 10 days, or both, for a first offense; a fine of up to $500 and imprisonment for up to 30 days, or both, for a second offense; and a fine of $750 and imprisonment for six months, or both, for a third offense.

      With the enactment of P.L.1994, c.150 (C.39:10-19), New Jersey licensed real estate brokers were permitted to offer brokerage sales services of manufactured housing to leased land community residents. Since the real estate industry is permitted to be open on Sunday, manufactured homes may be sold at that time only by licensed real estate brokers. This has resulted in a brokerage advantage for licensed real estate brokers.