Bill Text: NJ S3164 | 2018-2019 | Regular Session | Chaptered

New Jersey Senate Bill 3164 (Prior Session Legislation)

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 9-5)

Status: (Passed) 2019-06-26 - Approved P.L.2019, c.137. [S3164 Detail]

Download: New_Jersey-2018-S3164-Chaptered.html

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C.27:25-24.1 &

27:25-24.2

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P.L. 2019, CHAPTER 137, approved June 26, 2019

Senate, No. 3164 (First Reprint)

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:

¹1. This act shall be known and may be cited as the "New Jersey Transit Corporation Employee Protection Act."¹

¹[1.] 2.¹ 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 State¹[,]¹ shall ¹[waive] not assert¹ any defense of jurisdictional or substantive sovereign immunity ¹with respect to any claim or cause of action¹ arising ¹[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] under the "Federal Employers' Liability Act" (45 U.S.C. s.51 et seq.),¹ the "Railway Labor Act" (45 U.S.C. s.151 et seq.), ¹[the "Federal Employers Liability Act" (45 U.S.C. s.51 et seq.),]¹ the "Railroad Retirement Act of ¹[1937] 1974¹" (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 ¹[Federal railroad safety laws] "Federal Railroad Safety Act"¹ (49 U.S.C. s.20101 et seq.), ¹[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] and 49 C.F.R. parts 200-272, asserted against any of those entities in State or federal court and, if such defense is found to be available, the defense shall be waived¹ .

¹The 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 be subject to the provisions of the "Federal Employers' Liability Act" (45 U.S.C. s.51 et seq.), the "Railway Labor Act" (45 U.S.C. s.151 et seq.), the "Railroad Retirement Act of 1974" (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 Act" (49 U.S.C. s.20101 et seq.), and 49 C.F.R. parts 200-272.¹

¹[2.] 3.¹ This act shall take effect immediately ¹and shall apply to any cause of action arising under any of the laws provided in section 2 of this act asserted in a lawsuit filed on or after the effective date of this act, as well as to any applicable cause of action arising under any of those laws 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.

"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.