Bill Text: NJ S3197 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires association of age-restricted community to retain emergency contact information for residents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-10-13 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3197 Detail]
Download: New_Jersey-2022-S3197-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires association of age-restricted community to retain emergency contact information for residents.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning emergency contact information in age-restricted communities, and supplementing P.L.1993, c.30 (C.45:22A-43 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An association of an age-restricted community shall establish and implement procedures for the collection of emergency contact information for each resident of each dwelling unit in the age-restricted community, which information shall be used to provide notice in the event of the hospitalization or death of a resident.
b. The procedures required pursuant to subsection a. of this section shall include the provision of notice to, and opportunity for, each current and prospective resident to provide, and update as necessary, emergency contact information to enable the association to notify the emergency contacts in the event of the hospitalization or death of the resident.
c. Upon learning of the hospitalization or death of a resident, an association shall notify the emergency contacts for that resident as soon as is practicable, but no later than 24 hours thereafter. An association that fails to provide notice as required pursuant to this subsection shall be liable to a civil penalty of $500, which may be collected and enforced by the Commissioner of Community Affairs, the Attorney General, or any other person pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided by this subsection. All penalties assessed under this subsection shall be payable to the State Treasurer.
d. The Commissioner of Community Affairs, in consultation with the Commissioners of Health and Human Services, may adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the collection of emergency contact information and the notification of the emergency contacts as required pursuant to this section.
e. As used in this section:
"Age-restricted community" means a planned real estate development that complies with the "housing for older persons" exception from the federal "Fair Housing Amendments Act of 1988," Pub.L.100-430 (42 U.S.C. ss.3601 et seq.) for that community as set forth in section 100.301 of Title 24, Code of Federal Regulations.
"Emergency contact" means each individual identified in the emergency contact information provided by an age-restricted community resident.
"Emergency contact information" means contact information provided by a resident of an age-restricted community to the association which includes the resident's next-of-kin and preferred contact in the event of the resident's hospitalization or death.
2. This act shall take effect on the first day of the fifth month next following enactment, except the Commissioner of Community Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill would authorize the association of an age-restricted community to establish and implement procedures for the collection of emergency contact information for each resident of each dwelling unit in the community. The emergency contact information collected and retained would include that of the resident's next-of-kin, and preferred contact in the event of an emergency. The information would be used to provide notice in the event of the hospitalization or death of a resident. The bill defines an "age-restricted community" as a planned real estate development that complies with the "housing for older persons" exception from the federal "Fair Housing Amendments Act of 1988," Pub.L.100-430 (42 U.S.C. ss.3601 et seq.) for that community as set forth in section 100.301 of Title 24, Code of Federal Regulations.
The bill would require an association to provide notice to, and opportunity for, each current and prospective resident to provide, and update as necessary, emergency contact information to enable the association to notify the emergency contacts in the event of the hospitalization or death of the resident.
Upon learning of the hospitalization or death of a resident, an association would be required to notify the emergency contacts for that resident as soon as is practicable, but no later than 24 hours thereafter. An association that fails to provide the required notice would be liable to a civil penalty of $500, which may be collected and enforced by the Commissioner of Community Affairs ("commissioner"), the Attorney General, or other persons, pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
The bill directs the commissioner, in consultation with the Commissioners of Health and Human Services, to adopt regulations on the collection of emergency contact information and the notification of the emergency contacts as required by the bill. The bill would take effect on the first day of the fifth month next following enactment.
