Bill Text: NJ A1241 | 2012-2013 | Regular Session | Amended
Bill Title: Increases penalties for violations committed by precious metals buyers and requires weights and measures officers to seize scales under certain circumstances.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-08-09 - Approved P.L.2013, c.126. [A1241 Detail]
Download: New_Jersey-2012-A1241-Amended.html
ASSEMBLY, No. 1241
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Co-Sponsored by:
Assemblywoman Mosquera and Senator Norcross
SYNOPSIS
Increases penalties for violations committed by precious metals buyers and requires weights and measures officers to seize scales under certain circumstances.
CURRENT VERSION OF TEXT
As amended by the Senate on May 13, 2013.
An Act concerning weights and measures, amending and supplementing P.L.1981, c.96 (C.51:6A-1 et seq.) and amending R.S.51:1-86.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1981, c.96 (C.51:6A-3) is amended to read as follows:
3. Any person who violates any provision of this act shall be liable to a mandatory penalty of not less than [$100.00] $500 nor more than [$500.00] $1,000 recoverable by the Superintendent of Weights and Measures pursuant to ["the penalty enforcement law" (N.J.S.2A:58-1 et seq.)] the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). An action for the recovery of a civil penalty for violation of this act shall be within the jurisdiction of and may be brought before the Superior Court or municipal court in the municipality where the offense is committed or where the defendant resides or where the defendant may be apprehended.
A summons or warrant against any foreign business entity doing business in this State shall be processed as provided by law.
(cf. P.L.1991, c.91, s.482)
2. R.S.51:1-86 is amended to read as follows:
51:1-86. Upon the first official inspection of any weight or measure, except where the inspection is made upon the request of the owner thereof, if the deviation from the legal standard shall be of such nature as not to be easily ascertained by the owner thereof, the owner may correct it. Upon his failure to do so within 2 days after such inspection, the superintendent [may] shall take possession of and destroy such weight or measure 1, unless, in the sole discretion of the superintendent, good cause exists to allow additional time to correct the deviation or take possession of and destroy the weight or measure1. If the said deviation, or the causes thereof, shall be patent or easily ascertainable by the owner thereof, the superintendent or assistant superintendent shall immediately take possession of and destroy such weight or measure, and the owner thereof shall be liable to a penalty of [$50.00] not less than $500 nor more than $1,000 in addition to any other penalties and punishments herein provided.
(cf: P.L.1969, c.251, s.19)
3. (New section) a. Upon the first official inspection of any weight or measure used by a precious metals buyer not subject to the provisions of section 2 of P.L.1981, c.96 (C.51:6A-2) that has not been certified as required pursuant to subsection c. of section 1 of P.L.1981, c.96 (C.51:6A-1), the owner of the weight or measure may be afforded two days to have the weight or measure certified. If an owner fails to have the weight or measure certified within two days after the inspection, the weights and measures officer shall immediately take possession of and destroy the weight or measure1, unless, in the sole discretion of the superintendent, good cause exists to allow additional time to obtain the certification or take possession of and destroy the weight or measure1.
b. A weights and measures officer shall immediately take possession of and destroy any weight or measure used by a transient buyer of precious metals as defined by section 5 of P.L.1981, c.96 (C.51:6A-5) that has not been certified as required pursuant to subsection c. of section 1 of P.L.1981, c.96 (C.51:6A-1).
No action for damages shall lie or be maintained against a weights and measures officer for the seizure.
4. This act shall take effect immediately.
