Bill Text: NJ A4689 | 2018-2019 | Regular Session | Amended

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Bill Title: "New Jersey Transit Corporation Employee Protection Act"; prohibits NJT from asserting sovereign immunity in certain situations and subjects NJT to certain federal statutes and regulations.*

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Introduced - Dead) 2019-06-20 - Substituted by S3164 (1R) [A4689 Detail]

Download: New_Jersey-2018-A4689-Amended.html

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[First Reprint]

ASSEMBLY, No. 4689

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED OCTOBER 29, 2018

 

 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

Co-Sponsored by:

Assemblywoman Jones, Assemblymen Giblin, Space, Wirths, A.M.Bucco and Assemblywoman B.DeCroce

 

 

 

 

SYNOPSIS

     Waives sovereign immunity of NJ Transit to provide certain protections for NJ Transit employees.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Labor Committee on May 16, 2019, with amendments.

 

An Act concerning protections for New Jersey Transit employees and supplementing P.L.1979, c.150 (C.27:25-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     ¹[1.  The New Jersey Transit Corporation, the New Jersey Transit Rail Operations, Inc., and any of their successors and assigns who operate, manage, or develop the railroad system in this State, shall waive any defense of jurisdictional or substantive sovereign immunity arising out of any state or federal claim or cause of action against it or its successors and assigns. In addition, New Jersey Transit Rail Operations, Inc., and any of its successors and assigns who operate, manage or develop the railroad system in this State, shall be subject to the provisions of all federal railroad laws, including the "Railway Labor Act" (45 U.S.C. s.151 et seq.), the "Federal Employers Liability Act" (45 U.S.C. s.51 et seq.), the "Railroad Retirement Act of 1937" (45 U.S.C. s.231 et seq.), the "Railroad Retirement Tax Act" (26 U.S.C. s.3201 et seq.), the "Railroad Unemployment Insurance Act" (45 U.S.C. s.351 et seq.), the Federal railroad safety laws (49 U.S.C. s.20101 et seq.), whistleblower laws, discrimination laws, and the "Interstate Commerce Act" (49 U.S.C. s.10501 et seq.). Such waiver shall be retroactive to any lawsuit currently pending in any state or federal court in New Jersey.]¹

 

      ¹1. The New Jersey Transit Corporation, the New Jersey Transit Rail Operations, Inc., and any of their successors, assigns, or subsidiaries who operate, manage, or develop the public railroad system in this State, or any portion thereof, may be sued in any State or federal court with respect to any cause of action that may be asserted against those entities that arises under any provision of the "Federal Employers Liability Act," 45 U.S.C. s.51 et seq., whistleblower laws, discrimination laws, or the "Federal Railroad Safety Act," 49 U.S.C. s.20109. 

      The New Jersey Transit Corporation, the New Jersey Transit Rail Operations, Inc., and any of their successors, assigns, or subsidiaries who operate, manage, or develop the public railroad system in this State, or any portion thereof, shall waive any defenses of jurisdictional or substantive constitutional sovereign immunity with respect to any cause of action arising under any provision of the "Federal Employers Liability Act" (45 U.S.C. s.51 et seq.), whistleblower laws, discrimination laws, or the "Federal Railroad Safety Act" (49 U.S.C. s.20109) that may be asserted against those entities in any State or federal court.¹

      2.   This act shall take effect immediately ¹and shall apply to any cause of action arising under the "Federal Employers Liability Act" (45 U.S.C. s.51 et seq.), whistleblower laws, discrimination laws, or the "Federal Railroad Safety Act" (49 U.S.C. s.20109) asserted in a lawsuit filed on or after the effective date of this act, as well as to any cause of action arising under those acts asserted in a lawsuit previously filed in any State or federal court that has not been dismissed with prejudice or been finally adjudicated, including any cases pending in any court of appeals as of the effective date of this act¹.