SENATE, No. 1109

STATE OF NEW JERSEY

INTRODUCED MAY 9, 1996

By Senator SINAGRA

An Act concerning penalties for certain violations regarding hotels and multiple dwellings and amending P.L.1967, c.76.

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

    1. Section 19 of P.L.1967, c.76 (C.55:13A-19) is amended to read as follows:

    19. (a) No person shall

    (1) Obstruct, hinder, delay or interfere with, by force or otherwise, the commissioner in the exercise of any power or the discharge of any function or duty under the provisions of this act; or

    (2) Prepare, utter or render any false statement, report, document, plans or specifications permitted or required to be prepared, uttered or rendered under the provisions of this act; or

    (3) Render ineffective or inoperative any protective equipment installed, or intended to be installed, in any hotel or multiple dwelling; or

    (4) Refuse or fail to comply with any lawful ruling, action, order or notice of the commissioner; or

    (5) Violate, or cause to be violated, any of the provisions of this act.

    (b) Any person who violates, or causes to be violated, any provision of subsection (a) of this section shall be liable to a penalty of not [less than $50.00 nor] more than $500.00 for each violation, and a penalty of not [less than $500.00 nor] more than $5,000.00 for each continuing violation. Any person who willfully violates any provision of paragraph (1), (2) or (3) of subsection (a) of this section shall be liable for a penalty of not more than $10,000 for each violation. Where any violation of subsection (a) of this section is of a continuing nature, each day during which such continuing violation remains unabated after the date fixed by the commissioner in any order or notice for the correction or termination of such continuing violation, shall constitute an additional, separate and distinct violation, except during the time on appeal from said order may be taken or is pending. The commissioner, in the exercise of his administrative authority pursuant to this act, may levy and collect penalties in the amounts set forth in this section. Where the administrative penalty order has not been satisfied within 30 days of its issuance the penalty may be sued for, and recovered by and in the name of the commissioner in a civil action by a summary proceeding under the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.) in the Superior Court.

    (c) Any person shall be deemed to have violated, or to have caused to be violated, any provision of subsection (a) of this section whenever any officer, agent or employee thereof, under the control of and with the knowledge of said person shall have violated or caused to be violated any of the provisions of subsection (a) of this section.

    (d) The commissioner may cancel and revoke any permit, approval or certificate required or permitted to be granted or issued to any person pursuant to the provisions of this act if the commissioner shall find that any such person has violated, or caused to be violated, any of the provisions of subsection (a) of this section.

(cf: P.L.1970, c.138, s.11)

    2. This act shall take effect immediately .

STATEMENT

    This bill would amend the penalty provisions of the "Hotel and Multiple Dwelling Law" by eliminating minimum penalties and increasing to a maximum of $10,000 the penalty for the willful violation of prohibitions against obstructing the commissioner, preparing or rendering false statements or documents and rendering protective equipment ineffective or inoperative.

    The bill makes clear a distinction between violations of paragraphs (1) through (5) of subsection (a) of section 19 of P.L.1967, c.75 (C.55:13A-19), which carry a maximum penalty of $5,000, and willful violations of paragraphs (1), (2) or (3) of subsection (a) of that section, which would carry a maximum penalty of $10,000 under the bill.

    Deletion of minimum penalties will remove an unnecessary restriction on the Department's flexibility in dealing with violations. Making willful obstruction of the commissioner, which includes attempted corruption of enforcement personnel, and other serious violations, subject immediately to a maximum penalty of $10,000, rather than to a maximum penalty of only $5,000, is intended to serve as a deterrent to such actions.

Changes certain penalty provisions under “Hotel and Multiple Dwelling Law.”