Bill Text: NJ S3053 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires contract between certain governmental units and online parking payment service providers stipulate service provider not charge user during certain times.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-08 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3053 Detail]
Download: New_Jersey-2024-S3053-Introduced.html
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Requires contract between certain governmental units and online parking payment service providers stipulate service provider not charge user during certain times.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning online parking payment services and amending R.S.40:52-1 and P.L.1948, c.198.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:52-1 is amended to read as follows:
40:52-1. The governing body may make, amend, repeal, and enforce ordinances to license and regulate:
a. [All] all vehicles used for the transportation of passengers, baggage, merchandise, and goods and chattels of every kind, and the owners and drivers of [all such] those vehicles; and the places and premises in which or at which the different kinds of business or occupations mentioned herein are carried on and conducted. Nothing herein contained shall be construed as modifying or repealing any of the provisions of chapter 4 of Title 48 of the Revised Statutes (R.S.48:4-1 et seq.);
b. [Autobuses] autobuses, and the owners and drivers of [all such] those vehicles, and to fix the fees for [such] licenses, which may be imposed for revenue, and to prohibit the operation of [all such] those vehicles in the public streets or places of [such] the municipality, unless [such] the ordinances are complied with, whether [such] the vehicles are operated over routes wholly or partly within the territorial limits of [such] the municipality; the powers conferred by this section shall not be in substitution of but in addition to whatever other right, power, and authority [any such] a municipality may at any time have as to licensing, regulating, or control of the operation of [such] autobuses, commonly called jitneys, and this section shall not be construed as modifying or repealing any of the provisions of chapter 4 (R.S.48:4-1 et seq.) or article 3 of chapter 16 (R.S.48:16-23 et seq.) of Title 48 of the Revised Statutes;
c. [Cartmen] cartmen, expressmen, baggagemen, porters, common criers, hawkers, peddlers, employment agencies, pawnbrokers, junk shop-keepers, junk dealers, motor vehicle junk dealers, street sprinklers, bill posters, bill tackers, sweeps, scavengers, itinerant vendors of merchandise, medicines, and remedies; and the places and premises in which or at which the different kinds of business or occupations mentioned herein are conducted and carried on; provided, however, no ordinance regulating solicitation for services shall be applicable to solicitations, whether written or oral, for snow shoveling services made within 24 hours of a snowstorm that has been predicted by a commonly recognized commercial or governmental weather reporting entity;
d. [Hotels] hotels, boardinghouses, lodging and rooming houses, trailer camps and camp sites, motels, furnished and unfurnished rented housing or living units, and all other places and buildings used for sleeping and lodging purposes, and the occupancy thereof, restaurants and all other eating places, and the keepers thereof;
e. [Automobile] automobile garages, dealers in second-hand motor vehicles and parts thereof, bathhouses, swimming pools, and the keepers thereof;
f. [Theatres] theaters, cinema, and show houses, opera houses, concert halls, dance halls, pool or billiard parlors, bowling alleys, exhibition grounds, and all other places of public amusement, circuses and traveling or other shows, plays, dances, exhibitions, concerts, theatrical performances, and all street parades in connection therewith;
g. [Lumber] lumber and coal yards, stores for the sale of meats, groceries, and provisions, dry goods and merchandise, and goods and chattels of every kind, and all other kinds of business conducted in the municipality other than herein mentioned, and the places and premises in or at which the business is conducted and carried on; street stands for the sale or distribution of newspapers, magazines, periodicals, books, and goods and merchandise or other articles;
h. [Street] street signs and other objects projecting beyond the building line, into or over any public street or highway;
i. [Auctioneers] auctioneers and their business, whether the auctioneers be real estate brokers engaged in selling at auction or real estate auctioneers licensed by the New Jersey Real Estate Commission; fix their fees, and license and regulate public auctions; make [such] regulations as the governing body of the municipality shall deem necessary[,] to protect the public against fraud at public auction sales, and for the safety and protection of the property of the municipality and its inhabitants, including the power to require from auctioneers a bond to the municipality, not exceeding the penal sum of [$5,000.00] $5,000, conditioned as the governing body shall require;
j. [Sales] sales of goods, wares, and merchandise to be advertised, held out, or represented, or which are advertised, held out, or represented, to the public, by any means, directly or by implication, as forced sales at reduced prices or as insurance, bankruptcy, mortgage foreclosure, insolvency, removal, loss, or expiration of lease or closing out sales, or as assignees', receivers', or trustees' sales or as sales of goods distrained or as sales of goods damaged by fire, smoke, or water, except any sale [which] that is to be held under a judicial order, judgment, or decree or a writ issuing out of any court or to enforce any lawful lien or power of sale whether by judicial process or not or by a licensed auctioneer; to make [such] regulations governing the advertisement, holding out, or representing to the public of [such] those sales, and the conduct thereof, as the governing body of the municipality shall deem necessary to protect the public against fraud; to prohibit the advertising, holding out, or representing to the public of any sale as being of the character above described [which] that is not of [such] that character and to fix license fees for the conduct of [such] those sales and to impose penalties for the violation of [any such] the ordinance;
k. (Deleted by amendment, P.L.1997, c.320[.])
l. (Deleted by amendment, P.L.1984, c.205[.])
m. [The] the rental of real property for commercial purposes wherein the lease is for a term less than 175 consecutive days. No ordinance adopted pursuant to this subsection shall apply to any lease or occupancy which results from a tenant holding over at the expiration or early termination of a lease with an original term in excess of 175 consecutive days, regardless of whether the holdover is month-to-month or for some other term of less than 175 consecutive days; [and]
n. [The] the rental of real property for a term less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere[.] ; and
o. parking in the municipality, and related contracting between the municipality and an online parking payment service provider, provided that the contract stipulate that the service provider shall not charge a parking fee to a user during a time period when parking is prohibited or is free at a parking project. "Online parking payment service provider," "user," and "parking project" shall have the same meaning as defined in section 3 of P.L.1948, c.198 (C.40:11A-3).
Nothing in this chapter contained shall be construed to authorize or empower the governing body of any municipality to license or regulate any person holding a license or certificate issued by any department, board, commission, or other agency of the State; provided, however, that the governing body of a municipality may make, amend, repeal, and enforce ordinances to license and regulate real estate auctioneers or real estate brokers engaged in selling at auction and their business as provided in this section despite the fact that [such] real estate auctioneers or brokers may be licensed by the New Jersey Real Estate Commission and notwithstanding the provisions of this act or any other act.
(cf: P.L.2015, c.240, s.1)
2. Section 3 of P.L.1948, c.198 (C.40:11A-3) is amended to read as follows:
The following terms, wherever used or referred to in [this act] P.L.1948, c.198 (C.40:11A-1 et seq.), shall have the following respective meanings, unless a different meaning clearly appears from the context:
(a) "Authority" or "parking authority" or "authorities" or "parking authorities" shall mean any of the public corporations created pursuant to [this act] P.L.1948, c.198 (C.40:11A-1 et seq.).
(b) "Municipality" shall mean any city of any class, any town, township, village, borough, or any other municipality of this State other than a county or a school district. "County" shall mean any county of any class of this State. "The municipality" shall mean the particular municipality for which a particular parking authority is created. "The county" shall mean the particular county for which a particular parking authority is created.
(c) "Governing body" shall mean in the case of a municipality the commission, council, board, or body, by whatever name it may be known, having charge of the finances of the municipality, and in the case of a county the board of [chosen freeholders] county commissioners.
(d) "Clerk" shall mean the clerk of the municipality or the clerk of the board of [chosen freeholders of the county] county commissioners, as the case may be, or the officer charged with the duties customarily imposed on [such] a clerk.
(e) "Area of operation" in the case of a parking authority of a municipality, shall mean the area of [such] the municipality, and in the case of a parking authority of a county, shall mean the area of each municipality in the county: (1) the governing body of which by ordinance[,] has consented to inclusion of the territory of the municipality within [such] the area of operation[,] ; and (2) for which no parking authority was created prior to [such] the consent or for which the parking authority previously created shall have ceased to exist prior to [such] the consent.
(f) "Federal agency" shall mean and include the United States of America, the President of the United States of America, and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.
(g) "Public body" shall mean the State, or any county, city, town, township, borough, village, school district, authority, or any other political subdivision of the State.
(h) "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to [this act] P.L.1948, c.198 (C.40:11A-1 et seq.).
(i) "Construct" and "construction" shall mean and include acts of planning, designing, construction, reconstruction, replacement, enlargement, improvement, and betterment, also demolition or removal of buildings or structures on land acquired, held, leased, or used for or with respect to a project.
(j) "Person" shall mean any person, association, corporation, nation, State, or any agency or subdivision thereof, other than a county or municipality of this State or a parking authority.
(k) "Project" or "parking project" shall mean any area or place, garage, building, or other improvement or structure for the parking or storage of motor or other vehicles including, without limiting the foregoing, all real and personal property, approaches, meters, mechanical equipment, appurtenances, and facilities either on, above, or under the ground necessary or useful and convenient for or in connection with [such] parking or storage, together with [such] additional structures, buildings, space, or accommodations as may be provided in accordance with paragraph (5) of section 6 [hereof] of P.L.1948, c.198 (C.40:11A-6).
(l) "Approach" shall mean any driveway, road, or other structure or area necessary or useful or convenient for access to a project from a public street, road, or highway.
(m) "Online parking payment service" shall mean a public-facing Internet website, Internet web application, or computer or mobile application that allows a user to submit payment for parking a motor vehicle at a publicly available parking project.
(n) "User" means an individual who uses an online parking payment service.
(cf: P.L.1958, c.22, s.1)
3. Section 6 of P.L.1948, c.198 (C.40:11A-6) is amended to read as follows:
(1) Every parking authority shall constitute a public body corporate and politic and a political subdivision of the State with the same territorial boundaries as the boundaries of the municipality or county creating the authority, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate its corporate purposes and the purposes and provisions of [this act] P.L.1948, c.198 (C.40:11A-1 et seq.).
(2) The purposes of every parking authority shall be the construction, provision, or operation of [offstreet] off-street parking projects within its area of operation and, subject to the provisions of R.S.39:4-202, shall include, to the extent authorized by the governing body of the municipality, the management and operation of [onstreet] on-street and other parking meters and related facilities and enforcement of the applicable law, ordinances, and regulations as to the parking of vehicles in [such] the municipality, and the consequent promotion of free movement of traffic and relief of traffic congestion on the streets of [said] the area or municipality, and improvement of conditions affecting the public safety and welfare therein.
(3) Every parking authority is hereby authorized to plan, design, construct, reconstruct, enlarge, improve, manage, maintain, repair, operate, and use [such] the parking project or projects as in the opinion of the authority will provide an effective and satisfactory method for promoting the purposes of the authority.
(4) Every parking authority shall have perpetual succession and have the following powers in addition to any others herein granted:
(a) [To] to sue and be sued; to have a seal and to alter the same at pleasure; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with [this act] P.L.1948, c.198 (C.40:11A-1 et seq.), to carry into effect the powers and purposes of the authority[.] ;
(b) [To] to conduct research respecting parking and the possibility or necessity of fulfillment of public needs in relation thereto [.] ;
(c) [To] to acquire by gift, purchase, lease, devise, or otherwise and hold and use, and to construct, improve, maintain, operate, own, manage, or lease either in a capacity of lessor or lessee parking projects and any land, franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, meters, equipment, or facilities to be devoted to the parking or storage of vehicles of any kind or which in the opinion of the authority are necessary or useful and convenient in connection therewith or with the promotion of free movement of traffic, subject to the provisions of R.S.39:4-202[.] ;
(d) [Subject] subject to the provisions of paragraph 5 of this section, to lease as lessor any real property, parking project, or portion or portions of parking projects for any business, commercial, or other use to any person for [such] consideration and for [such] a period or periods of time and upon [such other] terms and conditions as it may fix and agree upon. Any [such] lease may be upon condition that the lessee shall or may construct or provide any building or buildings or other facilities on [such] real property, parking project or projects, or portions thereof, including space for business, commercial, or other uses, all upon [such] terms and conditions as may be agreed upon[.] ;
(e) [To] to sell, transfer, and dispose of any property or interest therein at any time acquired by it upon [such] terms and conditions as it may determine, with or without public bidding[.] ;
(f) [To] to fix, alter, charge, and collect rents, rates, and other charges at reasonable rates to be determined exclusively by it, for the use of the facilities and projects of the authority and for all services sold, furnished, or supplied directly or indirectly by the authority through [said] its facilities and projects, which shall, together with any grants, receipts, contributions, or income from other sources, be sufficient to provide for the payment of the expenses of the authority, repair, maintenance, and operation of its facilities and projects, and payment of the principal of and interest on, and any premiums upon the redemption of, its bonds and other obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any [such] bonds or other obligations[.] ;
(g) [To] to invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control[.] ;
(h) [To] to borrow money and accept grants from and to enter into contracts, leases, or other transactions with the State of New Jersey, any Federal agency, any person, or any municipality, county, or other public body[.] ;
(i) [To] to mortgage, pledge, hypothecate, or otherwise encumber all or any of its property or assets then existing or thereafter acquired or coming into existence, including real and personal property donated to it by a municipality or county[.] ;
(j) [To] to enter into contracts with the State of New Jersey or any municipality, county, or governmental agency for the use of any project of the authority[.] ;
(k) [To] to do and perform any acts and things authorized by [this act] P.L.1948, c.198 (C.40:11A-1 et seq.) under, through, or by means of its own officers, agents, and employees, or by contract with any person[.] ;
(l) [To] to enter into and perform any and all contracts, execute any and all instruments, and do and perform any and all acts and things necessary or useful and convenient for the purposes of the authority or to carry out any of the powers expressly granted to it by [this act] P.L.1948, c.198 (C.40:11A-1 et seq.) or any other acts subject to [P.L.1971, c.198] the "Local Public Contracts [Law"] Law," P.L.1971, c.198 (C.40A:11-1 et seq.) ; and
(m) to contract with an online parking payment service provider, provided that the contract stipulate that the service provider shall not charge a parking fee to a user during a time period when parking is prohibited or is free at a parking project.
(5) No parking authority shall engage directly in the sale of gasoline or accessories for, or in the repair or other servicing of, automobiles and other motor vehicles except in emergency, or shall engage directly in the sale of any commodity of trade or commerce, but any authority may include in any parking project, and provide and lease as lessor, structures, buildings, space, or accommodations (whether constructed by the authority or by a lessee) for any business, commercial or other use, including the sale of gasoline or accessories for, or the repair or other servicing of, automobiles and other motor vehicles, if, in the opinion of the authority, [such] the inclusion, provision, and proposed leasing is necessary to assist in defraying the expenses of the authority and make possible the operation of the parking facilities of [such] the project at reasonable rates and will increase the facilities for [offstreet] off-street parking [which] that can be feasibly included, financed, constructed, and operated as part of [such] a project.
(cf:
P.L.1975, c. 96, s.1)
4. This act shall take effect immediately and shall apply to all contracts and agreements entered into, renewed, modified, or amended on or after the date this act takes effect.
STATEMENT
This bill amends R.S.40:52-1 and the "Parking Authority Law," to allow a municipality or parking authority to contract with an online parking payment service provider provided that the contract stipulate that the service provider is not to charge a parking fee to a user during a time period when parking is prohibited or is free at a parking project.
The bill defines an "online parking payment service" to mean a public-facing Internet website, Internet web application, or computer or mobile application that allows a user to submit payment for parking a motor vehicle at a publicly available parking project.
