Bill Text: NJ A2128 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits harassment of farmers engaged in farming operations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2128 Detail]
Download: New_Jersey-2018-A2128-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblyman Dancer
SYNOPSIS
Prohibits harassment of farmers engaged in farming operations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning harassment of farmers and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Agricultural products" includes crops, dairy animals, livestock, fur-bearing animals, poultry, bees, aquacultural products, horticultural products, and trees and forest products.
"Farmer" means any person engaged in the commercial growing, harvesting, producing, or raising of agricultural products.
2. No person may, for the purpose of hindering or preventing the lawful farming of agricultural products, harass, bother, or otherwise interfere with a farmer engaged in farming operations.
This section shall not apply to a law enforcement officer enforcing the laws of this State or any local ordinance.
3. a. The Secretary of Agriculture may institute a civil action in the Superior Court for injunctive and other relief for a violation of this act, and the court may proceed in the action in a summary manner.
b. A person who violates this act shall be guilty of a petty disorderly persons offense; however, for a second or subsequent violation, the person shall be guilty of a disorderly persons offense.
c. A person who violates this act shall be liable to a civil penalty of not less than $250 nor more than $500 for each offense, to be collected in a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court for the municipality in which the violation occurred shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999."
d. For the purposes of subsections b. and c. of this section, if the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.
e. In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator. Special damages may include, but need not be limited to, lost profits and the cost of damages to any farmland, supplies, equipment, and agricultural products caused by the activities of the violator.
4. This act shall take
effect immediately.
STATEMENT
This bill prohibits harassing, bothering, or otherwise interfering with a farmer engaged in farming operations for the purpose of hindering or preventing the lawful farming of agricultural products. For the purposes of this bill, agricultural products include, but are not limited to, crops, dairy animals, livestock, fur-bearing animals, poultry, bees, aquacultural products, trees, and forest products.
A person who harasses a farmer would be guilty of a petty disorderly persons offense, the penalty for which is imprisonment for up to 30 days, a fine of up to $500, or both imprisonment and a fine. For a second or subsequent offense, the violator would be guilty of a disorderly persons offense, punishable by imprisonment for up to six months, a fine of up to $1,000, or both imprisonment and a fine. A violator would also be subject to a civil penalty of between $250 and $500 for each violation. If the violation is of a continuing nature, each day during which it continues would constitute a separate offense. The Secretary of Agriculture would be authorized to seek injunctive and other relief against a violator.
The bill also provides that a person who is adversely affected by a violation would be able to bring a civil action for injunctive and other relief as well as for damages, including punitive damages and special damages, against the violator. Special damages would include, but need not be limited to, lost profits and the cost of damages to farmland, supplies, equipment, and agricultural products caused by the activities of the violator.
