Bill Text: NJ A3571 | 2010-2011 | Regular Session | Amended

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Bill Title: Provides commission may consider as mitigating factor in determining whether to impose penalty on premises owner that same was reasonably unaware of violation occurring. *

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2011-02-17 - Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [A3571 Detail]

Download: New_Jersey-2010-A3571-Amended.html

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[First Reprint]

ASSEMBLY, No. 3571

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED DECEMBER 6, 2010

 

 

Sponsored by:

Assemblyman  NELSON T. ALBANO

District 1 (Cape May, Atlantic and Cumberland)

Assemblyman  MATTHEW W. MILAM

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

     Provides commission may consider as mitigating factor in determining whether to impose penalty on premises owner that same was reasonably unaware of violation occurring. 

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Regulatory Oversight and Gaming Committee on February 3, 2011, with amendments.

  

An Act concerning certain raffles law violations and amending P.L.1994, c.63.

 

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

 

     1.    Section 15 of P.L.1994, c.63 (C.5:8-57.2) is amended to read as follows:

     15.  Any person violating any provision of a law or regulation administered by the control commission shall, in addition to any other sanctions provided in section 8 of P.L.1954, c.5 (C.5:8-57), be liable to a civil penalty of not more than $7,500 for the first offense and not more than $15,000 for the second and each subsequent offense.  For the purpose of construing this section, each statutory violation shall constitute a separate offense, except that a second and subsequent offense shall not be deemed to exist unless an administrative or court order has been entered in a prior, separate and independent proceeding.  In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of the control commission for the collection or enforcement of civil penalties for the violation of any provision of a law or regulation administered by the control commission.  Such action may be brought in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal court or Superior Court where the offense occurred. Process in such action may be a summons or warrant and in the event that the defendant in such action fails to answer such action, the court shall, upon finding an unlawful action, conduct or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring such person before the court to satisfy the civil penalties imposed.  In any action commenced pursuant to this section, the court may order restored to any person in interest any monies or property, real or personal, acquired by means of an unlawful action, conduct or practice.  Any action alleging the unlicensed conduct or practice of an activity regulated by any law or regulation administered by the control commission shall be brought pursuant to this section, or where injunctive relief is sought, by an action commenced in Superior Court.  In any action brought pursuant to P.L.1954, c.5 (C.5:8-50 et seq.), as amended and supplemented, the control commission or the court may order the payment of costs to the State.

     Organizations registered with the control commission, holding a valid identification number, and not suspended or revoked at the time of any such action, conduct or practice shall not be subject to the provisions of this section.

     ¹[No penalty shall be imposed on any person pursuant to this section]  If the evidence so warrants, the commission may consider as a mitigating factor, in determining whether to impose a penalty¹  for a violation that occurs on a premises owned or controlled by that person ¹[if],¹ that ¹the¹ person was ¹reasonably¹ unaware of the activity constituting the violation.

(cf:  P.L.1994, c.63, s.15)

 

     2.    This act shall take effect immediately.