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A1120
ASSEMBLY, No. 1120
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
���� Prohibits owner or operator of parking facility from
preventing customer from leaving due to malfunction of parking facility payment
process.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning parking facilities and supplementing
P.L.1960, c.39.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. a. The owner or operator of
a parking facility that charges a fee for use shall not prevent a customer from
leaving or removing the customer�s motor or other vehicle from the premises due
to a mechanical, technical, or other type of malfunction that results in the
failure of the parking facility�s regular method of processing and accepting
payment.� If a malfunction occurs, the owner or operator of the parking
facility may delay a customer for a period of time not to exceed 10 minutes to
repair or otherwise correct the malfunction in order to process and accept
payment by way of the regular method.�
���� If the malfunction cannot be
repaired or corrected within that period of time, the owner or operator of the
parking facility shall accept payment from the customer in cash or by credit or
debit card. If the customer is unable to pay in cash or the owner or operator
of the parking facility cannot process a credit or debit card payment, the
owner or operator shall take the customer�s name and mailing address and may
send a bill for an amount not to exceed the actual amount charged for the
customer�s use of the parking facility.
���� If, due to the malfunction,
the owner or operator of a parking facility is unable to determine the amount
owed for use of the parking facility, the owner or operator shall charge the
customer not more than the amount regularly charged for one hour of use.
���� b. A violation of subsection
a. of this section is an unlawful practice under P.L.1960, c.39.
���� c. For the purposes of this
section, a �parking facility� means any area or place, garage, building, or
other improvement or structure operated for the parking or storage of motor or
other vehicles.
���� 2. This act shall take effect
immediately.
STATEMENT
���� This bill prohibits the owner
or operator of a parking facility from preventing a customer from leaving the
premises if the parking facility cannot process and accept payment.
���� Under the bill, an owner or
operator of a parking facility that charges a fee for use is not to prevent a
customer from leaving or removing the customer�s motor or other vehicle from
the premises due to a mechanical, technical, or other type of malfunction that
causes the parking facility�s regular method of processing and accepting
payment to fail.� If a malfunction occurs, the owner or operator of the parking
facility may delay a customer for not more than 10 minutes to repair or
otherwise correct the malfunction in order to collect payment by the regular
method.�
���� The bill provides that if the
malfunction cannot be repaired or corrected within that period of time, the
owner or operator of the parking facility is required to accept payment from
the customer in cash or by credit or debit card. If the customer is unable to
pay in cash or the owner or operator of the parking facility cannot process a
credit or debit card payment, the owner or operator is to bill the customer for
an amount not to exceed the actual amount charged for the customer�s use of the
parking facility.� If, due to the malfunction, the owner or operator of a
parking facility is unable to determine the amount owed for use of the parking
facility, the owner or operator is to charge the customer not more than the
amount regularly charged for only one hour of use.
���� The bill defines a �parking
facility� to mean any area or place, garage, building, or other improvement or
structure operated for the parking or storage of motor or other vehicles.
���� A violation of the bill�s
provisions is an unlawful practice under the consumer fraud act, punishable by
a monetary penalty of not more than $10,000 for a first offense and not more
than $20,000 for any subsequent offense. In addition, violations can result in
cease and desist orders issued by the Attorney General, the assessment of
punitive damages and the awarding of treble damages and costs to the injured
party.