Increases penalties for denying access to public facilities, NJT, and transportation network companies to service dogs and their handlers.

A1279

ASSEMBLY, No. 1279

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman AURA K. DUNN

District 25 (Morris and Passaic)

Co-Sponsored by:

Assemblywomen Fantasia and Murphy

SYNOPSIS

���� Increases penalties for denying access to public
facilities, NJT, and transportation network companies to service dogs and their
handlers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning penalties for denying access to public
facilities, New Jersey Transit, and transportation network companies to service
dogs and their handlers and amending P.L.2017, c.169.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. Section 1 of P.L.2017,
c.169 (C.10:5-29.11) is amended to read as follows:

���� 1. a. Any person who
interferes with or denies the access of a person with a disability accompanied
by a service or guide dog to any public facility in violation of section 1 of
P.L.1971, c.130 (C.10:5-29)
, or to any form of transportation operated by or
under contract to the New Jersey Transit Corporation in violation of section 1
of P.L.2016, c.25 (C.27:25-5b), or to any transportation network company in
violation of section 15 of P.L.2017, c.26 (C.39:5H-15)
shall, in addition
to any other relief or affirmative action provided by law, be
[
liable to a
civil penalty of not less than:

���� (1)�� $250 for the first
violation;

���� (2)�� $500 for the second
violation; and

���� (3)�� $1,000 for the third
]

charged
with a petty disorderly persons offense for the first violation, and with a
disorderly persons offense for the second
and each subsequent violation.�
Notwithstanding
the provisions of N.J.S.2C:43-8, a disorderly persons offense committed in
violation of section 1 of P.L.1971, c.130 (C.10:5-29) shall carry a term of
imprisonment of up to one year.� As used in this section, a �transportation
network company� means the same as the term is defined by section 2 of
P.L.2017, c.26 (C.39:5H-2).

���� b.���
[
The penalty
shall be collected pursuant to the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the
municipal court having jurisdiction.
]
�
A law enforcement officer having enforcement authority in that municipality
shall issue a summons for a violation of the provisions of subsection a. of
this section, and shall serve and execute all process with respect to the
enforcement of this section consistent with the Rules of Court.

���� The issuance of a summons
pursuant to this subsection shall not prohibit an aggrieved party from filing a
complaint or action with the Division on Civil Rights or in the Superior Court
of New Jersey alleging a violation of the "Law Against
Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), based on the same
incident or conduct.� In any instance where an aggrieved party files a
complaint or action with the Division on Civil Rights or in the Superior Court
of New Jersey alleging a violation of the "Law Against
Discrimination" based on the same incident or conduct for which a
[
civil
]
penalty has
been imposed pursuant to subsection a. of this section, the Division on Civil
Rights or Superior Court of New Jersey, as the case may be, shall make a de
novo ruling and any adjudication by the municipal court shall not constitute
res judicata for the complaint or action filed with the Division on Civil
Rights or in the Superior Court of New Jersey.

���� c.���� The penalties assessed
under this section shall be payable to the State Treasurer and shall be
appropriated to the Department of Law and Public Safety to fund educational
programs for law enforcement officers on the right of a person with a
disability to have a service or guide dog in a place of public accommodation.

���� d.��� The Attorney General
shall establish a public awareness campaign to inform the public about the
provisions of this act.

(cf: �P.L.2017, c.169, s.1)

���� 2. This act shall take effect
immediately.

STATEMENT

���� This bill increases the
penalties, from civil to criminal, for any person who denies or interferes with
the access of a service dog or their handler to a public facility, to any form
of transportation operated by the New Jersey Transit Corporation, or any
transportation network company.

���� Currently, any person who
interferes or denies the access of a service dog or their handler to a public
facility is liable for civil penalties as follows:

�

$250 for the first violation;

�

$500 for the second violation; and

�

$1,000 for the third and each subsequent violation.

���� This bill would subject any
person denying access to a public facility, to any form of transportation
operated by NJT, or any transportation network company towards a service dog or
their handler to criminal penalties.� A person in violation of section 1 of
P.L.1971, c.130 (C.10:5-29), or section 1 of P.L.2016, c.25 (C.27:25-5b), or
section 15 of P.L.2017, c.26 (C.39:5H-15) would be charged with a petty
disorderly persons offense for the first violation, and a disorderly persons
offense for the second and each subsequent violation.

���� A petty disorderly persons
offense is punishable by imprisonment for up to 30 days, a fine of up to $500,
or both.� A disorderly persons offense is punishable by imprisonment for up to
six months, a fine of up to $1,000, or both; however, for a second and each
subsequent violation, the standard term of up to six months� imprisonment has
been increased to up to one year.