Bill Text: NJ A3362 | 2010-2011 | Regular Session | Amended

New Jersey Assembly Bill 3362 (Prior Session Legislation)

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 3-0)

Status: (Engrossed - Dead) 2010-11-22 - Received in the Senate, Referred to Senate Commerce Committee [A3362 Detail]

Download: New_Jersey-2010-A3362-Amended.html

[First Reprint]

ASSEMBLY, No. 3362

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED SEPTEMBER 30, 2010

Sponsored by:

Assemblyman PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

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 General Assembly on October 25, 2010.

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. 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 $,1000 in addition to any other penalties and punishments herein provided.

(cf: P.L.1969, c.251, s.19)

3. (New section) ¹[A weights and measures officer shall immediately take possession of and destroy any weight or measure used by a person in the business of buying precious metals to
determine the weight of precious metals if it is determined that the scale] 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) that¹ has not been certified as required pursuant to subsection c. of section 1 of P.L.1981, c.96 (C.51:6A-1) 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 measure.

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 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)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.