[Second Reprint]
ASSEMBLY, No. 4453
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED JULY 27, 2020
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Co-Sponsored by:
Assemblyman Verrelli, Assemblywomen Tucker and Jasey
SYNOPSIS
Makes failure to wear mask upon entry into store or transportation publically available, with posted signage, a violation with fine during public emergency declared in Executive Order 103 of 2020 and future public health emergencies.
CURRENT VERSION OF TEXT
As amended by the General Assembly on October 29, 2020.
An Act concerning 1[the offense of trespass] mask wearing1 during public health emergency declared by Executive Order 103 of 2020 2and any subsequently declared public health emergency and supplementing Title 26 of the Revised Statutes2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. During the public health emergency 2[and state of emergency]2 declared by the Governor in Executive Order 103 of 2020, 2and any Public Health Emergency, subsequently declared pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.),2 a person 2[commits a 1[petty disorderly persons offense] violation1 if, knowing that he is not licensed or privileged to do so, he] over age four and able to medically tolerate a mask or face covering, who2 enters or remains in a store or mercantile retail establishment2, any public transportation or public transportation service, any autocab business or transportation network service,2 as to which notice against trespass is given by signage posted that is visible and unobstructed which requires that any person entering the premises of a store or retail mercantile establishment establishment2, or any public transportation or public transportation service, any autocab business or transportation network service,2 must be 1properly1 wearing a mask 1or face covering which at a minimum simultaneously covers the nose and mouth1 2[and 1[a] the1 person does not 1properly1 wear 1such1 a mask]2. 1The violation established by this section shall2, for a first offense2, be subject to a fine of 2[a minimum of]2 $50 2 and for a second or subsequent violation, to a fine of between $502 up to $500.1
2As used in this section "public transportation or public transportation service" means rail passenger service, motorbus regular route service, paratransit service, motorbus charter service, and ferry passenger service. “Autocab” means and includes any automobile or motor car, commonly called taxi, engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the state. “Transportation network service” means a corporation, partnership, sole proprietorship, or other entity that is registered as a business in the State or operates in this State, and uses a digital network to connect a transportation network company rider to a transportation network company driver to provide a prearranged ride. A transportation network company shall not include an individual, corporation, partnership, sole proprietorship, or other entity arranging non-emergency medical transportation for individuals qualifying for Medicaid under P.L.1968, c.413 (C.30:4D-1 et seq.) or Medicare under Pub.L.89-97 (42 U.S.C. s.1395 et seq.) pursuant to a contract with the State or a managed care organization, whereby Medicaid or Medicare funding is used to pay for the non-emergency medical transportation services.2
2. This act shall take effect immediately 2[and shall expire upon the expiration of the state of emergency declared by the Governor in Executive Order 103 of 2020]2.