Bill > S1473

Introduced Session

This bill amends the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to clarify that the legislative intent of the prohibition against the awarding of punitive damages against either a public entity or public employee, acting within the scope of his employment, applies in every action, regardless of the applicability of other remedies available in common law or pursuant to other statutory law. The bill specifically mentions the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) (hereafter, LAD), and the "Conscientious Employee Protection Act," P.L.1986, c.105 (C.34:19-1 et seq.) (hereafter, CEPA), since a court decision previously held to the contrary regarding these two enactments. See Abbamont v. Piscataway Township Bd. of Educ., 138 N.J. 405 (1994). The bill also amends section 5 of P.L.1995, c.142 (C:2A:15-5.13) concerning punitive damages generally, and the specific sections of the LAD and CEPA that provide prevailing plaintiffs in these statutory-based actions "all remedies [also] available in common law tort," to clarify that such remedies do not include punitive damages against public entities or public employees acting within the scope of their employment. This bill would not permit the awarding of punitive damages on the grounds that, ultimately, it is the local taxpayer who will bear these litigation costs. The sponsor believes that the reasons for awarding punitive damages generally do not outweigh the public policy considerations of financially burdening citizens at large when a public entity or public employee, acting within the scope of his employment, is involved.

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Christopher Connors (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/01/2018)