reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-3.1 - Provisions relative to Medicare, Medicaid.

30:13-3.1 Provisions relative to Medicare, Medicaid.
3. a. A nursing home shall not, with respect to an applicant for admission or a resident of the facility:
(1) require that the applicant or resident waive any rights to benefits to which he may be entitled under the Medicare program established pursuant to Title XVIII of the federal Social Security Act, Pub.L.89-97 (42 U.S.C. s.1395 et seq.) or the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); or
(2) require a third party guarantee of payment to the facility as a condition of admission or expedited admission to, or continued residence in, that facility; except that when an individual has legal access to a resident's income or resources available to pay for facility care pursuant to a durable power of attorney, order of guardianship or other valid document, the facility may require the individual to sign a contract to provide payment to the facility from the resident's income or resources without incurring personal financial liability.
b. A nursing home shall prominently display in that facility, and provide to an applicant for admission or a resident of the facility, written information about how to apply for benefits under the Medicare or Medicaid program, and how to receive a refund of previous payments to the facility which may be covered by those benefits.
c. The provisions of subsections a. and b. of this section shall only apply to those distinct parts of a nursing home certified to participate in the Medicare or Medicaid program.
L.1997,c.241,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-3.2 - Applicability of act.

30:13-3.2 Applicability of act.
4. Except as otherwise provided in this act, the provisions of P.L.1976, c.120 (C.30:13-1 et seq.) and section 3 of P.L.1997, c.241 (C.30:13-3.1) shall apply to any applicant for admission to a nursing home or any resident of the facility, whether the applicant or resident is eligible for benefits under the Medicare or Medicaid program or is a private pay patient, or may in the future convert from a private pay patient to a Medicare or Medicaid patient.
L.1997,c.241,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-4 - Responsibilities as inclusive but not limitation

30:13-4. Responsibilities as inclusive but not limitation
The responsibilities of nursing homes shall include, but shall not be limited to, those enumerated in this act.
L.1976, c. 120, s. 4, eff. Nov. 30, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-4.2 - Violations; enforcement

30:13-4.2. Violations; enforcement
2. A person shall have a cause of action against the nursing home for any violation of this act. The Department of Health may maintain an action in the name of the State to enforce the provisions of this act and any rules and regulations promulgated pursuant to this act. The action to recover actual and punitive damages shall be brought in a court of competent jurisdiction. A plaintiff who prevails in an action shall be entitled to recover reasonable attorney's fees and costs of the action.
L.1991,c.262,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-6 - Discharge or transfer of resident.

30:13-6 Discharge or transfer of resident.
6. A nursing home resident may arrange for the resident's own discharge from a nursing home upon presentation of a written release and, if the resident is adjudicated incapacitated, upon the written consent of the resident's guardian. In this case, the nursing home is free from any responsibility for the resident upon the resident's release. When a nursing home wishes to transfer or discharge on a nonemergency basis a resident who has mental capacity or a resident who is adjudicated incapacitated, the nursing home may do so for medical reasons or for the person's welfare or for that of other residents upon receiving a written order from the attending physician, or for nonpayment, except as prohibited by Title XVIII or Title XIX of the Social Security Act, as amended, and the action shall be recorded in the resident's medical record. When a transfer or discharge on a nonemergency basis of a resident is requested by a nursing home, the resident or, in the case of a resident who is adjudicated incapacitated, the guardian, shall be given at least 30 days' advance notice of the transfer or discharge.
L.1976, c.120, s.6; amended 2013, c.103, s.103.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-7 - Written notice of rights, obligations and prohibitions; copy to residents; posting

30:13-7. Written notice of rights, obligations and prohibitions; copy to residents; posting
The administrator of a nursing home shall ensure that a written notice of the rights, obligations and prohibitions set forth in this act be given to every resident or his guardian upon admittance to the nursing home and to each individual already in residence or to his guardian. The administrator shall also post this notice in a conspicuous, public place in the nursing home.
L.1976, c. 120, s. 7, eff. Nov. 30, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-8 - Violations; causes of action; damages.

30:13-8 Violations; causes of action; damages.
8. a. Any person or resident whose rights as defined herein are violated shall have a cause of action against any person committing such violation. The Department of Health and Senior Services may maintain an action in the name of the State to enforce the provisions of this act and any rules or regulations promulgated pursuant to this act. The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and punitive damages for their violation. Any plaintiff who prevails in any such action shall be entitled to recover reasonable attorney's fees and costs of the action.
b. In addition to the provisions of subsection a. of this section, treble damages may be awarded to a resident or alleged third party guarantor of payment who prevails in any action to enforce the provisions of section 3 of P.L.1997, c.241 (C.30:13-3.1).
L.1976,c.120,s.8; amended 1997, c.241, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-8.1 - Clauses waiving right to sue in nursing home admission agreements void, unenforceable.

30:13-8.1 Clauses waiving right to sue in nursing home admission agreements void, unenforceable.
1. Any provision or clause waiving or limiting the right to sue for negligence or malpractice in any admission agreement or contract between a patient and a nursing home or assisted living facility licensed by the Department of Health and Senior Services pursuant to the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.), whether executed prior to, on or after the effective date of this act, is hereby declared to be void as against public policy and wholly unenforceable, and shall not constitute a defense in any action, suit or proceeding.
L.2001,c.450,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-9 - Inapplicability of provisions on medical care or treatment contrary to tenets of nursing home operated by certain religious denominations

30:13-9. Inapplicability of provisions on medical care or treatment contrary to tenets of nursing home operated by certain religious denominations
Nothing in this act shall be construed to require the provision of any medical care or treatment by any nursing home operated by and for the members or adherents of any well recognized church or religious denomination which relies upon spiritual means through prayer alone for healing, where such care or treatment is contrary to the tenets of such church or religious denomination.
L.1976, c. 120, s. 9, eff. Nov. 30, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-10 - Rules and regulations

30:13-10. Rules and regulations
The Commissioner of Health is hereby authorized to adopt reasonable rules and regulations, in accordance with the provisions of the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) to carry out its functions and duties under this act and to effectuate its purposes.
L.1976, c. 120, s. 10, eff. Nov. 30, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-10.1 - Written explanation of Medicare, Medicaid provisions required.

30:13-10.1 Written explanation of Medicare, Medicaid provisions required.
5. The Department of Health and Senior Services shall provide a written explanation of the provisions of section 3 of P.L.1997, c.241 (C.30:13-3.1) to each nursing home which participates in the Medicare or Medicaid program, and the nursing home shall include the written explanation in the contract or agreement which it furnishes to a prospective resident or the resident's family or guardian prior to or upon admission.
L.1997,c.241,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-11 - Severability

30:13-11. Severability
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this act directly involved in the controversy in which said judgment shall have been rendered.
L.1976, c. 120, s. 11, eff. Nov. 30, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-13 - Nursing home employees required to be given Mantoux tuberculin skin test

30:13-13. Nursing home employees required to be given Mantoux tuberculin skin test
A nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall require in its written policies and procedures that each current employee be given a Mantoux tuberculin skin test, and that each new employee be given the test at the time he commences his employment.
If a nursing home has documentation for an employee of a Mantoux tuberculin skin test reaction of ten or more millimeters of induration, the nursing home shall exempt the employee from further tuberculin skin testing.
L.1990,c.36,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-14 - Requirements of testing program

30:13-14. Requirements of testing program
The testing program established pursuant to this act shall be subject to the same requirements as the existing tuberculosis examination program for employees of general hospitals and special hospitals established by the State Department of Health pursuant to the authority granted by P.L.1971, c.136 (C.26:2H-1 et seq.).
L.1990,c.36,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-15 - Rules, regulations

30:13-15. Rules, regulations
The Commissioner of Health shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) adopt rules and regulations necessary to effectuate the purposes of this act.
L.1990,c.36,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-16 - Review of Medicaid recipient in free-standing special care nursing facility.

30:13-16 Review of Medicaid recipient in free-standing special care nursing facility.
1. a. A Medicaid recipient who has been determined to be eligible to reside in a free-standing special care nursing facility specializing in the treatment of neurological impairment, and who, pursuant to that determination, has been admitted to residency in a free-standing special care nursing facility specializing in the treatment of neurological impairment, shall be eligible to continue to reside in the facility without limitation on the duration of stay, until achievement of the maximum benefit from the specialized programming and maximum level of functioning. A review to determine achievement of maximum benefit and maximum level of functioning shall include whether the resident develops skills leading to a more independent life and continues to benefit from active participation in community involvement, continuing education, employment in the community, sheltered workshop, extended rehabilitation, complex care and vocational training and whether the level of functioning would deteriorate if moved. Length of stay shall be determined by the Commissioner of Health and Senior Services on the basis of that review.
The review shall be performed by an independent contractor who shall not, during a period of six months after completion of the review, engage in the performance of any compensated work for the State other than a review pursuant to this act.
The first review under this subsection of any Medicaid recipient's continuing eligibility for residency at a free-standing special care nursing facility specializing in the treatment of neurological impairment shall occur not earlier than one year following the recipient's initial admission to the facility or the effective date of P.L.1999, c.426 (C.30:13-16 et seq.), whichever is later. After that first review, any subsequent such review of the recipient's residency at the free-standing special care nursing facility specializing in the treatment of neurological impairment shall be performed not more frequently than once every year. If a Medicaid recipient is determined, pursuant to a review under this subsection, to be no longer eligible for continued residency at a free-standing special care nursing facility specializing in the treatment of neurological impairment, the recipient shall be permitted to remain at the facility for 90 days following transmittal to the recipient of written notice of that determination.
b. As used in this act:
"Free-standing special care nursing facility" means a nursing facility that is not a unit attached to or on the same campus as a rehabilitation or acute hospital and is not a distinct unit within a Medicaid-certified conventional nursing facility and which has been approved by the Department of Health and Senior Services to provide care to New Jersey Medicaid recipients who require specialized nursing facility services beyond the scope of a conventional nursing facility.
L.1999,c.426,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-17 - Rules, regulations.

30:13-17 Rules, regulations.
2. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health and Senior Services shall promulgate rules and regulations necessary to effectuate the purposes of this act.
L.1999,c.426,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-18 - Minimum staffing requirements for nursing homes.

30:13-18 Minimum staffing requirements for nursing homes.
1. a. Notwithstanding any other staffing requirements as may be established by law, every nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall maintain the following minimum direct care staff -to-resident ratios:
(1) one certified nurse aide to every eight residents for the day shift;
(2) one direct care staff member to every 10 residents for the evening shift, provided that no fewer than half of all staff members shall be certified nurse aides, and each staff member shall be signed in to work as a certified nurse aide and shall perform certified nurse aide duties; and
(3) one direct care staff member to every 14 residents for the night shift, provided that each direct care staff member shall sign in to work as a certified nurse aide and perform certified nurse aide duties.
b. Upon any expansion of resident census by the nursing home, the nursing home shall be exempt from any increase in direct care staffing ratios for a period of nine consecutive shifts from the date of the expansion of the resident census.
c. (1) The computation of minimum direct care staffing ratios shall be carried to the hundredth place.
(2) If the application of the ratios listed in subsection a. of this section results in other than a whole number of direct care staff, including certified nurse aides, for a shift, the number of required direct care staff members shall be rounded to the next higher whole number when the resulting ratio, carried to the hundredth place, is fifty-one hundredths or higher.
(3) All computations shall be based on the midnight census for the day in which the shift begins.
d. Nothing in this section shall be construed to affect any minimum staffing requirements for nursing homes as may be required by the Commissioner of Health for staff other than direct care staff, including certified nurse aides, or to restrict the ability of a nursing home to increase staffing levels, at any time, beyond the established minimum.
e. The minimum direct care staffing ratios required by this section shall not apply to any pediatric long-term care facility licensed by the Department of Health.
f. As used in this section, "direct care staff member" means any registered professional nurse, licensed practical nurse, or certified nurse aide who is acting in accordance with that individual's authorized scope of practice, and pursuant to documented employee time schedules.
L.2020, c.112, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-19 - Rules, regulations.

30:13-19 Rules, regulations.
4. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations to effectuate the purposes of this act.
L.2020, c.112, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-1 - Purpose

30:14-1. Purpose
The Legislature finds and declares that there is a present and growing need to develop services to protect victims of domestic violence. It is the purpose of this act to encourage the development of shelters for these victims and their children where they may obtain necessary services, including shelter, counseling and other social services.
L.1979, c. 337, s. 1, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-3 - Department of Human Services; operation of shelters

30:14-3. Department of Human Services; operation of shelters
The Department of Human Services shall provide services to those public or private agencies, which meet the standards set forth in this act, to operate shelters for victims of domestic violence. Priority for the allocation of services shall be to viable, existing programs which have successfully performed the delivery of shelter and other services to victims of domestic violence prior to the effective date of this act.
L.1979, c. 337, s. 3, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-4 - Advisory Council on Domestic Violence.

30:14-4 Advisory Council on Domestic Violence.
4. a. There is created an Advisory Council on Domestic Violence which shall consist of 20 members: the Director of the Division on Women in the Department of Children and Families, the Director of the Division of Child Protection and Permanency in the Department of Children and Families and the Director of the Division of Family Development in the Department of Human Services, the Director of the Administrative Office of the Courts, the Commissioner of the Department of Education, the Commissioner of Labor and Workforce Development, the Attorney General, or their designees, and one representative of Legal Services of New Jersey, one former domestic violence shelter resident, one representative of the Police Chiefs Association, one representative of the County Prosecutors Association, one representative of the New Jersey State Nurses Association, one representative of the Mental Health Association in New Jersey, one representative of the New Jersey Crime Prevention Officers Association, one representative of the New Jersey Hospital Association, one representative of the Violent Crimes Compensation Board, and four representatives of the New Jersey Coalition for Battered Women to be appointed by the Governor.
b. The advisory council shall:
(1) Monitor the effectiveness of the laws concerning domestic violence and make recommendations for their improvement;
(2) Review proposed legislation governing domestic violence and make recommendations to the Governor and the Legislature;
(3) Study the needs, priorities, programs, and policies relating to domestic violence throughout the State; and
(4) Ensure that all service providers and citizens are aware of the needs of and services available to victims of domestic violence and make recommendations for community education and training programs.
c. The advisory council shall periodically advise the Director of the Division of Child Protection and Permanency in the Department of Children and Families and the Director of the Division on Women in the Department of Children and Families on its activities, findings, and recommendations.
L.1979, c.337, s.4; amended 1987, c.103; 2005, c.309, s.4; 2006, c.47, s.181; 2012, c.16, s.127.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-5 - Standards for shelters

30:14-5. Standards for shelters
The Commissioner of Human Services, in consultation with the advisory council, shall establish standards to be met by those shelters applying for services to assure the availability of specialized personnel, resources and equipment necessary to enable such shelters to carry out the purposes of this act. Upon establishment of a program of services, the commissioner in consultation with the advisory council shall periodically appraise its performance to determine whether the purposes of this act are being met.
L.1979, c. 337, s. 5, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-6 - Commissioner of human services; duties

30:14-6. Commissioner of human services; duties
The Commissioner of Human Services, in consultation with the advisory council, shall:
a. Provide technical assistance to help public and private agencies to qualify as operators of shelters and to obtain State and Federal funds for the establishment and maintenance of shelters.
b. Suggest the types of innovative strategies in services which will ameliorate and reduce the problems of domestic violence.
c. Foster cooperation and communication among the providers of services to victims of domestic violence to promote agreement among providers concerning the treatment needs of those victims.
d. Provide guidelines for the training and use of volunteers in the delivery of services.
L.1979, c. 337, s. 6, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-6.1 - Plan to increase awareness for providers of services for victims of domestic violence of workforce development initiative.

30:14-6.1 Plan to increase awareness for providers of services for victims of domestic violence of workforce development initiative.
5. The Commissioner of Human Services, in consultation with the Advisory Council on Domestic Violence and the Commissioner of Community Affairs shall develop a plan for public agencies and other providers of services to victims of domestic violence, including designated domestic violence agencies as defined in subsection (j) of R.S.43:21-5 and community shelters for victims of domestic violence certified pursuant to standards and procedures established by P.L.1979, c.337 (C.30:14-1 et seq.), to increase agency and provider awareness and use of the State's workforce development system to assist victims of domestic violence.
L.2005,c.309,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-7 - Facilities of shelter

30:14-7. Facilities of shelter
A shelter shall provide a residential area which provides safe refuge for victims of domestic violence. A shelter shall also provide a day program or drop-in center, located at the shelter site or in a separate facility, which can assist victims of domestic violence who have not yet made the decision to leave their homes, or who have found other shelter but who nevertheless have a need for the services provided at the shelter.
L.1979, c. 337, s. 7, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-8 - Services of shelter

30:14-8. Services of shelter
A shelter shall arrange for the provision of the following services to victims of domestic violence:
a. Emergency medical care.
b. Emergency legal assistance.
c. Marriage and family counseling and emergency psychological support and counseling, as requested.
d. Information regarding education, job counseling and training programs, housing, welfare and other available social services accomplished, wherever possible, by referrals to appropriate authorities or agencies.
L.1979, c. 337, s. 8, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-9 - Services from other agencies

30:14-9. Services from other agencies
The shelter staff shall advocate the delivery of services from such agencies as county welfare departments and law enforcement and legal services agencies to those served by the shelters.
L.1979, c. 337, s. 9, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-10 - Staff members; bilingual personnel

30:14-10. Staff members; bilingual personnel
To the extent feasible, one or more of the shelter personnel shall be bilingual. An effort shall be made to recruit former victims of domestic assault as staff members.
L.1979, c. 337, s. 10, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-11 - Funding

30:14-11. Funding
The governing body of any county or municipality may appropriate funds or in-kind donations for the support of any private, nonprofit shelter for victims of domestic violence meeting the standards established pursuant to section 5 of this act.
L.1979, c. 337, s. 11, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-12 - Federal funds

30:14-12. Federal funds
The commissioner shall seek and make use of any funds which are available from Federal or other sources in order to augment any State funds appropriated for the purposes of this program.
L.1979, c. 337, s. 12, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-13 - Confidentiality for persons seeking shelter services

30:14-13. Confidentiality for persons seeking shelter services
Information which may reveal the identity or location of a person seeking shelter services shall not be disclosed, except as otherwise specifically required by law or with the consent of the person seeking shelter services.
L.1979, c. 337, s. 13, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-13.1 - Shelter, domestic violence victims; location, not public record

30:14-13.1. Shelter, domestic violence victims; location, not public record
1. Information which may identify the location of a shelter for victims of domestic violence shall not be deemed to be a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et seq.).
L.2004,c.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-14 - Minors; release of custody

30:14-14. Minors; release of custody
No shelter providing care for a minor who was in the actual custody of a parent at the time the parent applied for shelter services shall release the minor to any person, including the child's other parent, without the consent of the parent who sought shelter, except as may be otherwise required by court order.
L.1979, c. 337, s. 14, eff. Jan. 22, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-15 - "Domestic Violence Victims' Fund."

30:14-15 "Domestic Violence Victims' Fund."
3. a. There is hereby established the "Domestic Violence Victims' Fund," a dedicated fund within the General Fund and administered by the Division of Child Protection and Permanency in the Department of Children and Families. The fund shall be the depository of moneys realized from the civil penalty imposed pursuant to section 1 of P.L.2001, c.195 (C.2C:25-29.1) and any other moneys made available for the purposes of the fund.
b. All moneys deposited in the "Domestic Violence Victims' Fund" shall be used for direct services to victims of domestic violence, including, but not limited to, shelter services, legal advocacy services, and legal assistance services, and for related administrative costs of the Division of Child Protection and Permanency.
L.2001, c.195, s.3; amended 2006, c.47, s.182; 2012, c.16, s.128.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:14-16 - Rules, regulations.

30:14-16 Rules, regulations.
5. The Department of Human Services may promulgate rules and regulations to effectuate the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2001,c.195,s.5.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-1.1 - Loans; rate of interest; regulations; exceptions

31:1-1.1. Loans; rate of interest; regulations; exceptions
Notwithstanding any provisions of R.S. 31:1-1 to the contrary, the commissioner may by regulation establish a rate of interest which may be charged by any person on loans made by them equal to the rate allowed by Federal law or regulation to be charged by national banking associations at any time when the rate so allowed by Federal law exceeds 8% per annum. Nothing herein shall authorize any person to make any loan which he is not authorized by law to make, nor shall anything in this act apply to loans secured by a first lien on real estate on which there is erected or to be erected a structure containing one, two, three, four, five or six dwelling units, a portion of which structure may also be used for nonresidential purposes.
Where in any other law a rate of interest applicable to loans regulated by this section is referred to as that established by R.S. 31:1-1, the rate applicable shall be as established herein.
L.1979, c. 156, s. 1, eff. July 19, 1979.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-2 - Persons offending may be examined as witnesses

31:1-2. Persons offending may be examined as witnesses
Any person violating section 31:1-1 of this Title may be compelled to answer as a witness in any action he may bring as to his agreement to receive, or the receipt by him, of any money or other personal property in violation of the provisions of said section.
Amended by L.1953, c. 30, p. 550, s. 1.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-3 - Forfeiture of all interest; deduction from recovery

31:1-3. Forfeiture of all interest; deduction from recovery
In all actions to enforce any note, bill, bond, mortgage, contract, covenant, conveyance, or assurance, for the payment or delivery of any money, wares, merchandise, goods, or chattels lent, and on which a higher rate of interest shall be reserved or taken than was or is allowed by the law of the place where the contract was made or is to be performed, the amount or value actually lent, without interest or costs of the action, may be recovered, and no more. If any premium or illegal interest shall have been paid to the lender, the sum or sums so paid shall be deducted from the amount that may be due as aforesaid, and recovery had for the balance only.
Amended by L.1953, c. 30, p. 550, s. 2.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-4 - Borrower may compel discovery, and acceptance of principal alone

31:1-4. Borrower may compel discovery, and acceptance of principal alone
Any borrower of money or other personal property may by action in the Superior Court against the lender, or in any discovery proceeding, compel him to discover, upon oath, the money or other personal property really lent, and all agreements, devices, shifts, bargains, contracts and conveyances which shall have passed between them relative to such loan, or the repayment thereof, and the interest or consideration for the same. If thereupon it shall appear that more than lawful interest was taken or reserved the lender shall be obliged to accept his principal money, or the personal property or the value thereof, without any interest or other consideration, and to pay costs.
Amended by L.1953, c. 30, p. 551, s. 3.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-5 - Canal and railroad securities sold under par

31:1-5. Canal and railroad securities sold under par
No bond, mortgage or other security for the payment of money, valid on its face, heretofore or hereafter made or issued by any railroad or canal corporation created by or under the laws of this state, shall be held, deemed or considered invalid because such bond, mortgage or other security may have been made, issued, sold, assigned or otherwise disposed of by such corporation below the par value thereof.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-6 - Defense of usury by corporation, limited liability company, limited liability partnership; prohibited.

31:1-6 Defense of usury by corporation, limited liability company, limited liability partnership; prohibited.
31:1-6. No corporation, limited liability company or limited liability partnership shall plead or set up the defense of usury to any action brought against it to recover damages or enforce a remedy on any obligation executed by said corporation, limited liability company or limited liability partnership.
Amended 1953, c.30, s.4; 1997, c.426, s.1.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-7 - Interest rate limitations applicable to counties, municipalities, etc.; suspension

31:1-7. Interest rate limitations applicable to counties, municipalities, etc.; suspension
Notwithstanding the provisions of any other law, statute or regulation applicable to or constituting any limitation on the maximum rate of interest per annum payable on bonds, notes or other obligations, or as to annual interest cost to maturity of money borrowed or received upon issuance of bonds, notes or other obligations, every county, municipality, school district, body corporate and politic, district or public authority, agency, commission or other public institution heretofore or hereafter created by the State, any county, or municipality or by one or more counties or municipalities, is hereby authorized and empowered to contract to pay interest on or an interest cost per annum for money borrowed and evidenced by bonds, notes or other obligations without limit as to the rate of interest per annum payable thereon or as to the annual interest cost to maturity of the money borrowed.
L.1969, c. 137, s. 1, eff. July 3, 1969. Amended by L.1970, c. 21, s. 2; L.1970, c. 49, s. 2, eff. May 8, 1970; L.1971, c. 208, s. 1, eff. June 9, 1971; L.1972, c. 65, s. 1, eff. June 9, 1972; L.1973, c. 144, s. 1, eff. May 22, 1973; L.1974, c. 31, s. 1, eff. May 29, 1974; L.1975, c. 130, s. 1, eff. June 30, 1975; L.1978, c. 49, s. 1, eff. June 19, 1978; L.1981, c. 189, s. 1, eff. June 25, 1981; L.1981, c. 381, s. 1, eff. Dec. 31, 1981; L.1981, c. 559, s. 1.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-8 - Liberal construction

31:1-8. Liberal construction
This act shall be liberally construed to effect its legislative purpose of suspending for the aforesaid period any existing statutory limitation as to rate of interest or cost of money borrowed or provision of law with respect thereto and applicable to any county, municipality, school district, body corporate and politic, district or public authority, agency, commission or other public institution heretofore or hereafter created by the State, or any one or more counties or municipalities, but nothing herein contained shall be held or deemed in any way to effect or to impair existing contract limitations with bondholders or others as to rate of interest or cost of money borrowed without the consent of such bondholders or others given as provided in any such contract.
L.1969, c. 137, s. 2, eff. July 3, 1969. Amended by L.1970, c. 21, s. 3; L.1970, c. 49, s. 3, eff. May 8, 1970.
2023 New Jersey Revised Statutes › Title 31 - Interest and Usury › Section 31:1-9 - Nature and affect of act

31:1-9. Nature and affect of act
This act shall constitute and be construed as a suspension and as an amendment, for the aforesaid period, of the provisions of every law or statute establishing any limitation as to rate of interest per annum or cost of borrowing money applicable to any county, municipality, school district, body corporate and politic, district or public authority, agency, commission or other public institution heretofore or hereafter created as aforesaid.
L.1969, c. 137, s. 3, eff. July 3, 1970. Amended by L.1970, c. 49, s. 4, eff. May 8, 1970.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-1 - Preamble

32:1-1. Preamble
Whereas, In the year 1834 the states of New York and New Jersey did enter into an agreement fixing and determining the rights and obligations of the two states in and about the waters between the two states, especially in and about the bay of New York and the Hudson river; and
Whereas, Since that time the commerce of the port of New York has greatly developed and increased and the territory in and around the port has become commercially one center or district; and
Whereas, It is confidently believed that a better co-ordination of the terminal, transportation and other facilities of commerce in, about and through the port of New York, will result in great economies, benefiting the nation, as well as the states of New York and New Jersey; and
Whereas, The future development of such terminal, transportation and other facilities of commerce will require the expenditure of large sums of money, and the cordial co-operation of the states of New York and New Jersey in the encouragement of the investment of capital, and in the formulation and execution of the necessary physical plans; and
Whereas, Such result can best be accomplished through the cooperation of the two states by and through a joint or common agency;
Now, Therefore, The said states of New Jersey and New York do supplement and amend the existing agreement of 1834 in the following respects:
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-2 - Co-operation pledged

32:1-2. Co-operation pledged
ARTICLE I.
They agree to and pledge, each to the other, faithful co-operation in the future planning and development of the port of New York, holding in high trust for the benefit of the nation the special blessings and natural advantages thereof.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-4 - Port authority created

32:1-4. Port authority created
There is hereby created "The Port of New York Authority" (for brevity hereinafter referred to as the "Port Authority" ), which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated, and such other and additional powers as shall be conferred upon it by the Legislature of either State concurred in by the Legislature of the other, or by Act or Acts of Congress, as hereinafter provided. On and after July 1, 1972, the Port Authority shall be known and designated as "The Port Authority of New York and New Jersey."
Amended by L.1972, c. 69, s. 1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-4.1 - Reference to "The Port of New York Authority" as reference to "The Port Authority of New York and New Jersey"

32:1-4.1. Reference to "The Port of New York Authority" as reference to "The Port Authority of New York and New Jersey"
On and after July 1, 1972, reference in any law, contract or document to "The Port of New York Authority" shall be deemed to mean and refer to "The Port Authority of New York and New Jersey."
L.1972, c. 69, s. 2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-5 - Commissioners; appointment; removal

32:1-5. Commissioners; appointment; removal
ARTICLE IV.
The port authority shall consist of twelve commissioners--six resident voters from the state of New York, at least four of whom shall be resident voters of the city of New York, and six resident voters from the state of New Jersey, at lest [least] four of whom shall be resident voters within the New Jersey portion of the district, the New York members to be chosen by the state of New York and the New Jersey members by the state of New Jersey in the manner and for the terms fixed and determined from time to time by the legislature of each state respectively, except as herein provided.
Each commissioner may be removed or suspended from office as provided by the law of the state from which he shall be appointed.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-6.1 - Findings, declarations

32:1-6.1. Findings, declarations
1. The Legislature finds and declares that the right of the public to be present at meetings of the Port Authority of New York and New Jersey, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of the authority, is vital to the enhancement and proper functioning of the democratic process, and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society; and declares it to be the public policy of this State to insure the right of its citizens to have adequate advance notice of and the right to attend all meetings of the authority at which any business affecting the public is discussed or acted upon in any way except only in those circumstances where otherwise the public interest would be clearly endangered or the personal privacy of guaranteed rights of individuals would be clearly in danger of unwarranted invasion.
L.1991,c.395,s.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-6.2 - Definitions

32:1-6.2. Definitions
2. As used in this act:
a. "Board" means the Board of Commissioners of the Port Authority of New York and New Jersey.
b. "Meeting" means any gathering, whether corporeal or by means of communication equipment, which is attended by, or open to, the board, held with the intent, on the part of the board members present, to discuss or act as a unit upon the specific public business of the authority. "Meeting" does not mean a gathering (1) attended by less than an effective majority of the board, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering.
c. "Public business" means matters which relate in any way, directly or indirectly, to the performance of the functions of the Port Authority of New York and New Jersey or the conduct of its business.
L.1991,c.395,s.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-6.3 - Rules, regulations

32:1-6.3. Rules, regulations
3. The board shall adopt and promulgate appropriate rules and regulations concerning the right of the public to be present at meetings of the authority. The board may incorporate in its rules and regulations conditions under which it may exclude the public from a meeting or a portion thereof.
Any rules or regulations adopted hereunder shall become a part of the minutes of the Port Authority of New York and New Jersey and shall be subject to the approval of the Governor of New Jersey and the Governor of New York.
L.1991,c.395,s.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-6.4 - Port Authority deemed "agency," "public agency."

32:1-6.4 Port Authority deemed "agency," "public agency."
2. Notwithstanding any law to the contrary, the Port Authority shall be deemed an "agency" and treated as such under the laws of New York, for all purposes under articles 6 and 6-A of the Public Officers Law, and shall be deemed a "public agency" and treated as such under New Jersey, P.L.1963, c.73 (C.47:1A-1 et seq.), pertaining to the disclosure of government records.
L.2015, c.64, s.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-6.5 - Severability.

32:1-6.5 Severability.
3. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
L.2015, c.64, s.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-7 - General powers of port authority; state and municipal property and bonded indebtedness protected

32:1-7. General powers of port authority; state and municipal property and bonded indebtedness protected
ARTICLE VI.
The port authority shall constitute a body, both corporate and politic, with full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility within said district; and to make charges for the use thereof; and for any of such purposes to own, hold, lease and/or operate real or personal property, to borrow money and secure the same by bonds or by mortgages upon any property held or to be held by it. No property now or hereafter vested in or held by either state, or by any county, city, borough, village, township or other municipality, shall be taken by the port authority, without the authority or consent of such state, county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of such state, county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose.
The powers granted in this article shall not be exercised by the port authority until the legislatures of both states shall have approved of a comprehensive plan for the development of the port as hereinafter provided.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:1-8 - Additional powers; annual report; pledging credit

32:1-8. Additional powers; annual report; pledging credit
ARTICLE VII.
The port authority shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either state concurred in by the legislature of the other. Unless and until otherwise provided, it shall make an annual report to the legislature of both states, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder. The port authority shall not pledge the credit of either state except by and with the authority of the legislature thereof.