Bill Text: NJ A4445 | 2020-2021 | Regular Session | Introduced
Bill Title: Allows proprietors of businesses or buildings to engage in certain corrective actions against individuals who do not comply with health and safety measures during a Public Health Emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-07-23 - Introduced, Referred to Assembly Commerce and Economic Development Committee [A4445 Detail]
Download: New_Jersey-2020-A4445-Introduced.html
Sponsored by:
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
SYNOPSIS
Allows proprietors of businesses or buildings to engage in certain corrective actions against individuals who do not comply with health and safety measures during a Public Health Emergency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning health and safety measures implemented in businesses and buildings during a Public Health Emergency and supplementing P.L.2005, c. 222 (C.26:13-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Face covering" means material that covers the nose and mouth for the purpose of blocking or reducing the spread of respiratory droplets.
"Social distancing" means the practice by which an individual maintains a physical distance of at least six feet from other individuals.
b. Notwithstanding any other law, rule or regulation to the contrary, a proprietor of a business or building, or a person authorized on the proprietor's behalf, shall have the discretion to deny service or entrance to, or to remove from a business or building, any individual who does not comply with the health and safety measures implemented by the proprietor during a Public Health Emergency. Such health and safety measures may include, but shall not be limited to:
(1) wearing a face covering while in a public area of a business or building;
(2) practicing social distancing while in a public area of a business or building; and
(3) following other hygiene rules established by the proprietor of a business or building.
2. This act shall be applied in a manner consistent with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and shall not be construed to permit discriminatory or retaliatory actions towards an individual that is a member of a protected class as defined in section 11 of P.L.1945, c.169 (C.10:5-12).
3. This act shall take effect immediately.
STATEMENT
This bill concerns the health and safety measures of businesses and buildings during a Public Health Emergency.
Under this bill, a proprietor
of a business or building, or those authorized on their behalf, will have the
discretion to deny service or entrance, or be permitted to remove, an individual
who refuses to
comply with the health and safety measures implemented by the proprietor during a Public Health Emergency. These measures may include, but shall not be limited to, the following:
- wearing a face covering while in a public area of a building or requesting service from a business;
- practicing social distancing while in a public area of a building or requesting service from a business; and
- following hygiene rules established by the proprietor of a business or building.
Additionally, the bill is to be applied in a manner consistent with the federal "Americans with Disabilities Act" and shall not be construed to permit discriminatory or retaliatory actions towards an individual that is a member of a protected class as defined in New Jersey law.
