Text of NJ A 1328 (2010)

ASSEMBLY, No. 1328 STATE OF NEW JERSEY 214th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION Sponsored by: Assemblyman DAVID W. WOLFE District 10 (Monmouth and Ocean) Assemblyman JAMES W. HOLZAPFEL District 10 (Monmouth and Ocean) Assemblywoman VALERIE VAINIERI HUTTLE District 37 (Bergen) SYNOPSIS Requires certain public restrooms to be equipped with baby-changing stations. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel An Act concerning public restrooms and supplementing Title 26 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. No later than one year after the effective date of this act, and as prescribed by regulation of the Commissioner of Health and Senior Services, any place of public accommodation within the State that maintains public restrooms shall include a counter or table that is designed as a baby diaper-changing station in at least one of its public restrooms for men and for women, respectively. If the place of public accommodation is approved for a maximum occupancy that exceeds 500 people, it shall be required to include additional baby-changing stations in proportion to the number of bathroom stalls or urinals, as determined by the commissioner. b. As used in this section, "place of public accommodation" means any of the following, whether publicly or privately owned or operated on a for-profit or nonprofit basis, and which are generally accessible to the public: a commercial or other office building, or an office or building owned, leased or rented by the State or by a county or municipal government; restaurant; public library; museum or art gallery; theater or concert hall; stadium or other facility used for the holding of sporting events; shopping mall or retail store; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); park or playground; or public transportation facility. A "place of public accommodation" shall not include any premises to which a child under three years of age is not permitted or authorized to have access. c. The owner or operator of a place of public accommodation may apply to the commissioner, on a form and in a manner prescribed by the commissioner, for a waiver from the requirements of subsection a. of this section on the grounds that compliance with those requirements would constitute a significant financial or other hardship to the owner or operator in the operation of that place of public accommodation. d. The owner or operator of a place of public accommodation who violates the provisions of this act shall be guilty of a petty disorderly persons offense and shall be fined not more than $500 for each violation. e. The Department of Health and Senior Services or the local board of health or the board, body or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a place of public accommodation is or may be in violation of the provisions of this act, shall, by written notification, advise the person having control of the place of public accommodation accordingly and order appropriate action to be taken. f. A penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred. g. A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this act if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff. 2. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. 3. This act shall take effect on the 180th day after enactment, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of the act. STATEMENT The purpose of this bill is to require that places of public accommodation in New Jersey provide changing tables or counters for babies in public restrooms. The bill provides specifically as follows: · No later than one year after the its effective date, and as prescribed by regulation of the Commissioner of Health and Senior Services, any place of public accommodation within the State that maintains public restrooms must include a counter or table that is designed as a baby diaper-changing station in at least one of its public restrooms for men and for women, respectively. · If the place of public accommodation is approved for a maximum occupancy that exceeds 500 people, it will be required to include additional baby-changing stations in proportion to the number of bathroom stalls or urinals, as determined by the commissioner. · The bill defines "place of public accommodation" to mean any of the following, whether publicly or privately owned or operated on a for-profit or nonprofit basis, and which are generally accessible to the public: a commercial or other office building, or an office or building owned, leased or rented by the State or by a county or municipal government; restaurant; public library; museum or art gallery; theater or concert hall; stadium or other facility used for the holding of sporting events; shopping mall or retail store; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); park or playground; or public transportation facility. · For the purposes of this bill, a "place of public accommodation" is not to include any premises to which a child under three years of age is not permitted or authorized to have access. · The owner or operator of a place of public accommodation may apply to the commissioner, on a form and in a manner prescribed by the commissioner, for a waiver from the requirements of the bill on the grounds that compliance with those requirements would constitute a significant financial or other hardship to the owner or operator in the operation of that place of public accommodation. · The owner or operator of a place of public accommodation who violates the provisions of the bill will be guilty of a petty disorderly persons offense and be fined not more than $500 for each violation. · The Department of Health and Senior Services or the local board of health or the board, body or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a place of public accommodation is or may be in violation of the provisions of the bill, will, by written notification, advise the person having control of the place of public accommodation accordingly and order appropriate action to be taken. · A penalty recovered under the provisions of the bill will be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered is to be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered is to be paid by the local board into the treasury of the municipality where the violation occurred. · A municipal court is to have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this act if the violation has occurred within the territorial jurisdiction of the court. The proceedings will be summary and in accordance with the "Penalty Enforcement Law of 1999." · The bill takes effect on the 180th day after enactment, but authorizes the Commissioner of Health and Senior Services to take anticipatory administrative action in advance thereof as necessary for its implementation.