Bill Text: NJ A3571 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires call box installations along certain waterfronts, funded by red light camera surcharges.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-09-11 - Introduced, Referred to Assembly State and Local Government Committee [A3571 Detail]
Download: New_Jersey-2014-A3571-Introduced.html
Sponsored by:
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Co-Sponsored by:
Assemblyman Mukherji
SYNOPSIS
Requires call box installations along certain waterfronts, funded by red light camera surcharges.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning emergency call box installations, supplementing chapter 68 of Title 40 of the Revised Statutes, and amending P.L.2009, c.52.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Director" means the Director of the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety.
"Emergency call box" means a structure that allows a person to immediately and directly contact law enforcement or emergency medical services, or all three.
"Major waterway" means the Hudson River and any other river, bay, harbor or other body of water determined by the director to be a major waterway.
"Public waterfront walkway" means a boardwalk, pier or other waterfront walkway that is open to the public, and that directly abuts, or extends directly above a major waterway.
b. On or before the first day of the thirteenth month next following the operative date of this section, the governing body of every municipality with a population density of more than 15,000 persons per square mile, according to the latest federal decennial census, shall install, or cause to be installed, emergency call boxes along the public waterfront walkways within their boundaries, and shall comply with any ongoing maintenance requirements imposed by the director. An emergency call box shall be installed every eighth of a mile along each public waterfront walkway.
In order to fund the requirements imposed by this section, the director shall award grants to reimburse municipalities for the full cost of emergency call box installation and maintenance, including interest or discount on bonds to finance such cost. The funding necessary for such grant awards shall be generated pursuant to paragraph (2) of subsection a. of section 4 of P.L.2009, c.52 (C.39:4-8.20). A municipality may anticipate the receipt of the grants and may incur indebtedness, borrow money, and authorize and issue negotiable bonds in the amount of such anticipated grants, subject to rules and regulations adopted by the director. In anticipation of the issuance of bonds, municipalities may issue bond anticipation notes.
If the funding generated pursuant to paragraph (2) of subsection a. of section 4 of P.L.2009, c.52 (C.39:4-8.20) is insufficient to fulfill the requirements of this section, then, as necessary, the director may scale back the placement requirements, and may restrict a municipality's ability to incur indebtedness, borrow money, authorize and issue negotiable bonds, and bond anticipation notes in anticipation of grant awards.
2. Section 4 of P.L.2009, c.52 (C.39:4-8.20) is amended to read as follows:
4. a. (1) Notwithstanding the provisions of R.S.39:5-41, in the case of a violation of R.S.39:4-81, the evidence of which was captured by a traffic control signal monitoring system installed pursuant to section 3 of P.L.2007, c.348 (C.39:4-8.14), the full amount of a fine assessed by a municipal court shall be paid to the financial officer of the municipality in which the offense occurred, unless the governing body of the county has elected to pay one-half of the cost of the installation, maintenance, and administration of the traffic control signal monitoring system, in which case, one-half of the fine amount shall be distributed to the financial officer of the county where the offense occurred. Any change in this distribution of revenue shall be applicable only to fines attributable to complaints filed with the municipal court after the date on which applicable notice under subsection b. of this section shall have been received by the Administrative Office of the Courts.
(2) In addition to each fine assessed by a municipal court pursuant to paragraph (1) of this subsection, a surcharge of up to $5 shall be paid to the Director of the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety on a schedule determined by the director. The Director of the State Office of Emergency Management shall use these payments exclusively to award grants pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Director of the State Office of Emergency Management shall determine the amount of the surcharge, depending on the amount necessary to carry out the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), and may alter such payment amounts as necessary, so long as the total amount received per fine does not exceed $5. If the maximum $5 per fine surcharge is insufficient to fulfill the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill), then, as necessary, the Director of the State Office of Emergency Management may scale back the emergency call box placement requirements, and may restrict a municipality's ability to incur indebtedness, borrow money, authorize and issue negotiable bonds, and bond anticipation notes pursuant to subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A municipality that has installed a traffic control signal monitoring system shall notify the Administrative Office of the Courts when the governing body of a county has agreed to participate in a traffic control signal monitoring system program within its jurisdiction. Such notice shall be applicable to any violation of R.S.39:4-81, evidence of which shall have been captured by a traffic control signal monitoring system within the municipality's jurisdiction.
(cf: P.L.2009, c.52, s.4)
3. On or before the first day of the sixth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the director, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Commissioner of Community Affairs and the Commissioner of Transportation, shall adopt and promulgate such rules and regulations as may be necessary for the implementation of this act, including the necessary physical characteristics of call boxes, the total amount of each surcharge to be paid pursuant to paragraph (2) of subsection a. of section 4 of P.L.2009, c.52 (C.39:4-8.20), and any terms and conditions for receiving grants to be awarded pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. This act shall take effect immediately, but sections 1 and 2 shall remain inoperative until the first day of the sixth month next following enactment.
STATEMENT
Waterfront walkways within busy metropolitan areas create unique dangers to the public. Emergency call boxes that allow a person to immediately and directly contact law enforcement or emergency medical services can help to address this safety issue.
This bill requires every municipality with a population density of over 15,000 persons per square mile to install emergency call boxes along any waterfront walkway that is open to the public, and that directly abuts a major waterway such as the Hudson River. Municipalities subject to the requirement shall complete an installation every eighth of a mile along each public waterfront walkway.
In order to pay for emergency call box installation and maintenance, the Director of the State Office of Emergency Management (director) shall award grants to municipalities subject to the call box requirements. Subject municipalities may incur indebtedness and borrow money in anticipation of such grant awards. Grant awards shall be funded through a surcharge of up to $5 to be paid to the director, collected out of each fine from traffic control signal monitoring systems, better known as red light cameras. The director shall determine the amount of each surcharge to be paid, up to $5, depending on the amount necessary to carry out all installation and maintenance requirements, and may alter such payment amounts as necessary. If the maximum $5 per fine payments are insufficient to fulfill installation and maintenance requirements, then, as necessary, the director may scale back such installation placement requirements, and may restrict a municipality's ability to incur indebtedness and borrow money in anticipation of grant payments.
This bill takes effect immediately upon enactment, but the call box installation and funding provisions would remain inoperative until the first day of the sixth month next following enactment, by which point the director shall adopt necessary rules and regulations. Municipalities subject to this bill's requirements shall have until the first day of the thirteenth month next following this operative date to comply with all emergency call box installation and maintenance requirements.
