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RECENTLY ENACTED STATE LAWS

ACCESS

Accessibility of Multiple Dwelling Units:

Bill No: A3162

Sponsor: Assemblyman Jerry Green (D-22)

Bill No: S2239

Sponsors: Senators Ronald L. Rice (D-28) and Leonard T. Connors, Jr. (R-9)

Summary: Removes multi-family residential facilities from the accessibility requirements of the Handicapped Access Law that covers access to public buildings by people with physical disabilities.

Comment: This legislation amends the Handicapped Access Law (HAL), which requires certain structures be accessible to people with disabilities. Currently, the law requires that the entrance and ground floor of small buildings and all floors of large buildings be accessible to people with physical disabilities. The bill limits the law’s coverage to public buildings and changes the definition of public building to specify that residential buildings are not subject to the accessibility requirements of HAL, and are instead governed only by the Barrier-Free Sub-code of the State's Uniform Commercial Code. The bill further specifies that townhouses shall not be considered multifamily residential buildings subject to the accessibility standards of the Barrier-Free Sub-code. The sponsors’ intent is to remove the requirement that owners of multifamily residential buildings provide elevator service, following a recent court decision finding that HAL required such modifications. The Community Health Law Project testified in opposition to the bill, arguing that it reduces the availability of accessible housing.

Additional Information:

A3162

Current Status: Signed into law May 5, 2003

Legislative Activity:
1/14/03 Introduced and referred to Assembly Housing and Local Government Committee

2/3/03 Discussion and testimony before Assembly Housing and Local Government Committee

3/3/03 Passed in Assembly 74-0-3

3/10/03 Received in Senate without committee reference, 2nd reading in Senate

3/20/03 Substituted for S2239

3/20/03 Passed in Senate and sent to Governor 33-0

5/5/03 Signed by Governor P.L.2003, c.72

S2239

Current Status: Substitute signed into law May 5, 2003

Legislative Activity:
1/16/03 Introduced and referred to Senate Community and Urban Affairs Committee

1/27/03 Reported out of committee with committee amendments,

2nd reading in Senate

3/20/03 Amended on Senate floor, second reading

Substituted by A3162


Accessible Parking

Bill No: A3038

Sponsors: Assemblymen Joseph V. Egan (D17) and Upendra J Chivukula (D17)

Bill No: S2076

Sponsors: Senators Barbara Buono (D18) and Joseph F. Vitale (D19)

Summary: Increases the fine for parking in a space designated as "handicapped parking"

Comments:  This law raises the fine for a first offense of illegal parking in a spot designated as "handicapped parking" from $100 to $250. The Assembly version of the bill also sought to raise the fine for a second offense from at least $100 to at least $500, but it was substituted by the Senate bill, which raised the fine for subsequent offenses to at least $250.

Action Taken: Council on Developmental Disabilities staff testified about these bills when they were before legislative committees of the Senate and Assembly. The testimony raised the need for additional initiatives to improve enforcement of parking laws, such as addressing the lack of clear criteria for issuing accessible parking permits, utilizing police cadets or special officers for additional enhancement, and making data about parking permits available to police officers in the field to facilitate enforcement against people illegally using invalid permits or permits issued to others. The Senate Committee Chair, Peter Inverso, expressed an interest in exploring the issue of criteria for permits and Council staff is working with his office on developing an initiative to bring New Jersey into conformance with federal guidelines.

Additional Information:

A3038

Current Status: Substitute signed into law August 22, 2003

Legislative Activity:
11/25/02 Introduced and referred to Assembly Law and Public Safety Committee

2/27/03 Reported out of committee, 2nd reading in Assembly

5/22/03 Amended on Assembly floor, 2nd reading in Assembly 5/22/03 Substituted by S2076

S2076

Current Status: Signed into law August 22, 2003

Legislative Activity:
11/14/02 Introduced and referred to Senate Law and Public Safety and Veterans' Affairs Committee

1/27/03 Reported out of committee, 2nd reading in Senate

2/27/03 Passed in Senate 38-0

2/27/03 Received in Assembly w/o committee reference, 2nd reading in Assembly

5/22/03 Substituted for A3038

5/22/03 Passed in Assembly and sent to Governor 75-2-0

8/22/03 Signed into law