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Bill

Bill

S 3323

Enacts the "Eli Parker Levitt Law"

2025 Regular Session Introduced by Robert Jackson and 1 co-sponsor

Requires local governments to accept card or EFT payments for construction code fees; mandates contracts allow paying enforcing-agency fees by card/EFT, effective immediately.

SUBSTITUTED BY A3280A
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Bill Summary · S 3323

Summary — S3323: "Eli Parker Levitt Law"

Status: Introduced June 3, 2024; reported favorably by Senate Community & Urban Affairs Committee (Mar 17, 2025); advanced in Senate; substituted by A3280A (Jun 11, 2025). Sponsors: Jessica Scarcella‑Spanton (primary), Robert Jackson (cosponsor). Companion/related bills: A4436, A3280.

Purpose

To require local governments to accept electronic payment methods for construction code fees and to require construction contracts under the Local Public Contracts Law to permit contractors to pay enforcing‑agency fees using card or electronic funds transfer (EFT) systems. The act is titled the "Eli Parker Levitt Law."

Key provisions

  • New requirement for construction contracts: Any construction contract entered into under the "Local Public Contracts Law" (P.L.1971, c.198; C.40A:11‑1 et seq.) must allow contractors to pay enforcing‑agency fees imposed under the "State Uniform Construction Code Act" (P.L.1975, c.217; C.52:27D‑119 et seq.) by:
    • card payment system, or
    • electronic funds transfer system.
  • Amendment to P.L.1995, c.325 (section 3; C.40A:5‑45): Local units shall (mandatory) establish a card payment system and an electronic funds transfer system for payments required under the State Uniform Construction Code Act. A local unit establishes the system(s) by resolution of its governing body.
  • The resolution must specify which charges, taxes, fees, assessments, fines, or other obligations are approved for card/EFT payment. Existing statutory restriction remains: credit card payments are not authorized for delinquent local obligations or redemption of local liens.
  • Effective date: immediately upon enactment.

Who is affected

  • Local units (municipalities, counties, authorities): must adopt a resolution establishing card and EFT payment systems for construction code payments and may have to absorb or manage administrative/merchant arrangements.
  • Contractors and developers: gain the option to pay enforcing‑agency construction code fees via card or EFT as permitted by contract language.
  • Local enforcing agencies that collect construction code fees: will receive payments electronically and may incur merchant fees, systems costs, or administrative adjustments.

Practical and fiscal considerations

  • The bill increases payment convenience and can speed fee processing and reconciliation.
  • It does not specify who bears credit/debit card or third‑party processing fees (merchant fees), or funding to cover implementation; local units will need to establish policies in the required resolution.
  • Potential administrative costs for establishing and maintaining electronic payment infrastructure; offset by potential efficiencies and faster collections.

Legislative notes

  • Amends P.L.1995, c.325 (C.40A:5‑45) to change permissive language ("may") to mandatory ("shall") for card/EFT systems tied to construction code payments.
  • Reported identically to Assembly Bill A4436; substituted by A3280A on June 11, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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