Bill Text: NJ A1883 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes 25-cent municipal court surcharge for all violations; creates grant program for animal shelters funded by surcharge.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-25 - Introduced, Referred to Assembly Judiciary Committee [A1883 Detail]
Download: New_Jersey-2010-A1883-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Establishes 25-cent municipal court surcharge for all violations; creates grant program for animal shelters funded by surcharge.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning funding of animal shelters in the State, amending various parts of statutory law, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.22A:3-4 is amended to read as follows:
22A:3-4. The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any proceedings of a criminal nature in the municipal courts but no charge shall be made for the services of any salaried police officer of the State, county or municipal police.
For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding $33.
For all other cases, at the discretion of the court, up to but not exceeding $33.
In municipal court proceedings, the court shall impose court costs within the maximum limits authorized by this section, as follows:
a. For every violation of any statute or ordinance the sum of [$2.00] $2.25. The court shall not suspend the collection of this [$2.00] $2.25 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit of $2.00 into the Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30, and $0.25 into the Animal Shelter Fund, created pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. For each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State the sum of $.50. The court shall not suspend the collection of this $.50 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.).
c. For every violation of any statute or ordinance the sum of $3 to fund the Statewide modernization of the Automated Traffic System. The court shall not suspend the collection of this $3 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to section 1 of P.L.2004, c.62 (C.2B:12-30.1).
The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S.39:5-39.
For certificate of judgment......... $4.00
For certified copy of paper filed with the court as a public record:
First page......... $4.00
Each additional page or part thereof......... $1.00
For copy of paper filed with the court as a public record:
First page......... $2.00
Each additional page or part thereof......... $1.00
In addition to any fine imposed, when a supplemental notice is sent for failure to appear on a return date the cost shall be $10.00 per notice, unless satisfactory evidence is presented to the court that the notice was not received.
CONSTABLES OR OTHER OFFICERS
From the fees allowed for court costs in the foregoing schedule, the clerk of the court shall pay the following fees to constables or other officers:
Serving warrant or summons, $1.50.
Serving every subpoena, $0.70.
Serving every execution, $1.50.
Advertising property under execution, $0.70.
Sale of property under execution, $1.00.
Serving every commitment, $1.50.
Transport of defendant, actual cost.
Mileage, for every mile of travel in serving any warrant, summons, commitment, subpoena or other process, computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile, $0.20.
If defendant is found guilty of the charge laid against him, he shall pay the costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid to defendant. If defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have been prosecutor.
(cf: P.L.2004, c.62, s.2)
2. N.J.S.22A:3-5 is amended to read as follows:
22A:3-5. Money received in accordance with section 22A:3-4 of this Title by a municipal court or a court with jurisdiction in one municipality shall, [unless] except as provided pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or otherwise provided by law, be accounted for by the court and paid to the municipal treasurer and to the officer respectively within thirty days from receipt thereof.
(cf: N.J.S.22A:3-5)
3. (New section) a. There is established a special fund to be known as the "Animal Shelter Fund," which shall be separate from the General State Fund, and shall be administered by the Commissioner of Health and Senior Services, in consultation with the Domestic Companion Animal Council, established pursuant to section 1 of P.L.1995, c.145 (C.4:19A-16).
b. From each fee imposed and collected pursuant to subsection a. of N.J.S.22A:3-4, $0.25 shall be deposited in the Animal Shelter Fund. All moneys in the fund shall be used by the commissioner to provide grants exclusively to municipalities, counties, or nonprofit organizations that directly operate animal shelters or pounds and only for the construction of new, or expansion of existing, animal shelters or pounds by those entities, to be directly operated by those entities, except that $50,000 of the revenues collected each year shall be set aside for direct reimbursement to animal shelters or pounds for costs associated with the housing and care of animals seized in connection with offenses and violations pursuant to chapter 19 or chapter 22 of Title 4 of the Revised Statutes. The commissioner shall provide for the proper reimbursement of funds to animal shelters or pounds as required pursuant to this subsection.
c. The Commissioner of Health and Senior Services, in consultation with the Domestic Companion Animal Council, shall administer a grant and reimbursement program for the disbursement of the funds in the Animal Shelter Fund, established pursuant to subsection a. of this section, for the purposes specified in subsection b. of this section and in compliance with subsection d. of this section. The Domestic Companion Animal Council shall review all grant and reimbursement applications and shall make recommendations to the commissioner. The commissioner shall consider these recommendations when determining grant awards and reimbursement applications.
d. No grant shall be awarded for the construction of a new animal shelter or pound, or the expansion of an existing animal shelter or pound, unless the applicant for the grant can demonstrate that adoptions at any shelter or pound directly operated by the applicant have increased in each calendar year over the three calendar years preceding the year in which the grant application, and the number of euthanized animals have decreased each calendar year over the same three calendar years.
4. R.S.4:22-55 is amended to read as follows:
4:22-55. a. Except as provided pursuant to subsection b. of this section, all fines, penalties and moneys imposed and collected under the provisions of this article, shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within thirty days and without demand, to (1) the county society for the prevention of cruelty to animals of the county where the fines, penalties or moneys were imposed and collected, if the county society brought the action or it was brought on behalf of the county society, to be used by the county society in aid of the benevolent objects for which it was incorporated, or (2) in all other cases, the New Jersey Society for the Prevention of Cruelty to Animals, to be used by the State society in aid of the benevolent objects for which it was incorporated.
b. If an enforcement action for a violation of this article is brought primarily as a result of the discovery and investigation of the violation by a certified animal control officer, the fines, penalties or moneys collected shall be paid as follows: one half to the municipality in which the violation occurred; and one half to the county society or to the New Jersey Society for the Prevention of Cruelty to Animals, as applicable to the particular enforcement action.
c. Any fines, penalties or moneys paid to a municipality or other entity pursuant to subsection b. of this section shall be allocated by the municipality or other entity to defray the cost of:
(1) enforcement of animal control, animal welfare and animal cruelty laws and ordinances within the municipality; and
(2) the training therefor required of certified animal control officers pursuant to law or other animal enforcement related training authorized by law for municipal employees.
d. This section shall not apply to moneys collected pursuant to subsection a. of section 11 of P.L.1953, c.22 (C.22A:3-4) for deposit in the Animal Shelter Fund, established pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2005, c.372, s.19)
5. This act shall take effect the 180th day following enactment.
STATEMENT
This bill establishes:
1) an increase of $0.25 to the court assessment imposed by the court in municipal court proceedings, pursuant to subsection a. of N.J.S.22A:3-4, for every violation of any statute or ordinance;
2) a special fund, the Animal Shelter Fund, to provide grants exclusively to municipalities, counties, or nonprofit organizations that directly operate animal shelters or pounds and only for the construction of new, or expansion of existing, animal shelters or pounds by those entities, to be directly operated by those entities; and
3) direct reimbursements up to a total of $50,000 for costs associated with the housing and care of animals seized in connection with offenses and violations pursuant to chapter 19 or chapter 22 of Title 4 of the Revised Statutes. These chapters of Title 4 include animal cruelty offenses and violations under which animals may be seized and seizure of alleged vicious and potentially dangerous dogs.
The bill requires the $50,000 for reimbursements to be set aside each year from the revenues collected for the special fund for those specified purposes. The bill directs that the 25-cent increase be deposited in the Animal Shelter Fund for the specific purposes established in the bill, and clarifies that the surcharge is not included in the animal cruelty fees distributed pursuant to R.S.4:22-55.
The bill further directs the Commissioner of Health and Senior Services, in consultation with the Domestic Companion Animal Council, to administer the Animal Shelter Fund and provide for the grants and reimbursements. Finally, no grant would be awarded for the construction of a new animal shelter or pound, or the expansion of an existing animal shelter or pound, unless the applicant for the grant can demonstrate that adoptions at any shelter or pound directly operated by the applicant increased in each calendar year over the three preceding calendar years, and the number of euthanized animals decreased each calendar year over the same three years.
