Bill Text: NJ S1959 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases annual gross receipts limit for exemption from Unit Price Disclosure Act; concerns court appearances.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-17 - Introduced in the Senate, Referred to Senate Commerce Committee [S1959 Detail]
Download: New_Jersey-2012-S1959-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Increases annual gross receipts limit for exemption from Unit Price Disclosure Act; concerns court appearances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of consumer commodities and amending and supplementing P.L.1975, c.242.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1975, c.242 (C.56:8-22) is amended to read as follows:
2. As used in this act: "Consumer commodity" means any merchandise, wares, article, product, comestible or commodity of any kind or class produced, distributed or offered for retail sale for consumption by individuals other than at the retail establishment, or for use by individuals for purposes of personal care or in the performance of services rendered within the household, and which is consumed or expended in the course of such use.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Price per measure" means the retail price of a consumer commodity expressed per such unit of weight, standard measure or standard count as the director shall designate by regulation.
"Person" means any natural person, partnership, corporation or other organization engaged in the sale, display or offering for sale of consumer commodities at retail from one or more retail establishments [whose combined total floor area exceeds 4,000 square feet or whose combined total annual gross receipts from the sale of consumer commodities in the preceding year exceed $2 million].
(cf: P.L.1975, c.242, s.2)
2. Section 4 of P.L.1975, c.242 (C.56:8-24) is amended to read as follows:
4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may by regulation, and in each instance after public hearing, provide for the manner in which price per measure shall be calculated and displayed, establish and modify a list of commodities exempt from the provisions of this act, and define the classes of retail establishment exempted from the requirements of this act; provided that in no case shall persons with annual gross receipts from the sale of consumer commodities in the preceding tax year in an aggregate of more than [$2] $3 million, or such other amount as the director may determine by regulation, from all retail establishments [with a total floor area of more than 4,000 square feet each] be exempt from the provisions of this act, and provided further that the director, in promulgating unit-pricing regulations, shall not exempt consumer commodities or retail establishments from the provisions of this act except where compliance therewith would be impractical, unreasonably burdensome or unnecessary for adequate protection of consumers. The Director of the Division of Consumer Affairs shall maintain at all times and make public a clearly defined list of specific commodities exempt from the provisions of this act and of all classes of retail commodities and all classes of retail establishments required to be in compliance with this act and any regulations issued hereunder.
(cf: P.L.1975, c.242, s.4)
3. (New section) Notwithstanding the provisions of section 2 of P.L.1960, c.39 (C.56:8-2 et seq.) or N.J.A.C.51:1-1 et seq., any person found to be in violation of P.L. , c. (pending before the Legislature as this bill) or N.J.A.C.51:1-97 shall not be required to appear in court provided that payment of the fines and penalties assessed pursuant to section 3 of P.L.1975, c.242 (C.56:8-23) and N.J.A.C.51:1-97 occurs prior to the scheduled court appearance date. If the person wishes to challenge the violation, the person shall notify the court in whose jurisdiction the violation occurred no less than seven business days prior to the scheduled court appearance date.
4. This act shall take effect immediately.
STATEMENT
This bill increases the annual gross receipts limit for exemption from the provisions of P.L.1975, c.242 (C.56:8-21, et. seq), the Unit Price Disclosure Act.
Under current law, persons with annual gross receipts in excess of $2 million from the previous tax year are not exempted from the provisions of the Unit Price Disclosure Act. This bill increases that limit to an aggregate of more than $3 million or such other amount as the Director of the Division of Consumer Affairs may determine by regulation.
Additionally, the bill provides that any person found to be in violation of the act or N.J.A.C.51:1-97 is not required to appear in court provided that payment of the fines and penalties assessed pursuant to the provisions of section 3 of P.L.1975, c.242 (C.56:8-23) or N.J.A.C.51:1-97 occurs prior to the scheduled court appearance date. If the person wishes to challenge the violation, the person is to notify the court in whose jurisdiction the violation occurred within seven business days prior to the scheduled appearance date.
