Bill Text: NJ S523 | 2012-2013 | Regular Session | Introduced
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 1-0)
Status: (Introduced - Dead) 2013-05-13 - Substituted by A1241 (1R) [S523 Detail]
Download: New_Jersey-2012-S523-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
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
Introduced Pending Technical Review by Legislative Counsel
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) 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 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).
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.
STATEMENT
This bill increases penalties for precious metals buyers who fail to comply with the State's precious metals buyer laws and requires weights and measures officers to immediately seize a scale being used by a precious metal buyer if the scale has not been certified by the Office of Weights and Measures.
The bill increases the penalties assessed when a scale which is obviously generating incorrect weights is seized by a weights and measures officer from $50 to an amount between $500 and $1,000. The bill also increases penalties for other violations which include failing to issue a consumer an accurate receipt, failing to post the price being offered, and failing to weigh the item in plain view of the consumer. Under current law, the penalty for violations of the precious metals buyer law ranges from $100 to $500. Under the bill, the range of penalties would be increased to $500 to $1,000.
A recent investigation of precious metal buyers in the State, popularly referred to as Cash for Gold businesses, found violations of existing law in 49 of 50 businesses inspected. This bill increases the ability of the State to protect consumers from these businesses which have proven to be engaged in unscrupulous practices.
