New Jersey-2012-S1056-Introduced

An Act concerning access to beaches and amending P.L.1955, c.49.

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

1. Section 1 of P.L.1955, c.49 (C.40:61-22.20) is amended to read as follows:

1. a. The governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers which owns or shall acquire, by any deed of dedication or otherwise, lands bordering on the ocean, tidal water bays or rivers, or easement rights therein, for a place of resort for public health and recreation and for other public purposes shall have the exclusive control, government and care thereof and of any boardwalk, bathing and recreational facilities, safeguards and equipment, now or hereafter constructed or provided thereon, and may, by ordinance, make and enforce rules and regulations for the government and policing of such lands, boardwalk, bathing facilities, safeguards and equipment; provided, that such power of control, government, care and policing shall not be construed in any manner to exclude or interfere with the operation of any State law or authority with respect to such lands, property and facilities. Any such municipality may, in order to provide funds to improve, maintain and police the same and to protect the same from erosion, encroachment and damage by sea or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, by ordinance, make and enforce rules and regulations for the government, use, maintenance and policing thereof and provide for the charging and collecting of reasonable fees for the registration of persons using said lands and bathing facilities, for access to the beach and bathing and recreational grounds so provided and for the use of the bathing and recreational facilities, but no such fees shall be charged or collected from children under the age of 12 years.

b. A municipality may by ordinance provide that no fees, or reduced fees, shall be charged to:

(1) persons 65 or more years of age;

(2) persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act (42 U.S.C. s.401 et seq.);

(3) persons in active military service in any of the Armed Forces of the United States , and [to] their spouse or dependent children over the age of 12 years; [and]

(4) persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training , and [to] their spouse or dependent children over the age of 12 years ; and

(5) fully disabled veterans .

c. As used in this [paragraph,] section:

"Fully disabled veteran" means any person who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability that is rated at 100 percent.

"Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard.

[c.] d. A municipality providing for no fees or reduced fees pursuant to paragraph (3) or (4) of subsection b. of this section shall track, in a manner deemed appropriate by the governing body of the municipality, the number of persons who qualify under the provisions of those paragraphs.

(cf: P.L.2011, c.75, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would authorize municipalities, by ordinance, to provide fully disabled veterans with free or reduced fee access to beach, bathing, and recreational grounds (i.e., free or reduced fee "beach badges"). "Fully disabled veteran" would be defined, under the bill, to mean: "any person who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability that is rated at 100 percent."

State law currently authorizes municipalities, by ordinance, to provide for the issuance of free or reduced fee beach badges to persons 65 years of age or older, persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act, persons in active military service in any of the Armed Forces of the United States and their spouse or dependent children over the age of 12 years, and persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training and their spouse or dependent children over the age of 12 years. Current law also provides that no fees shall be charged or collected from children who are under 12 years of age.