Bill Text: NJ S2966 | 2010-2011 | Regular Session | Introduced


Bill Title: Establishes campus parking enforcement officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-06-23 - Introduced in the Senate, Referred to Senate Education Committee [S2966 Detail]

Download: New_Jersey-2010-S2966-Introduced.html

SENATE, No. 2966

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 23, 2011

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

     Establishes campus parking enforcement officers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning campus parking enforcement officers, supplementing Title 18A of the New Jersey Statutes, and amending R.S.39:4-138.

 

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

 

     1.    (New section) As used in this act, a campus parking enforcement officer means a person appointed by an institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution for the purpose of providing security services, pursuant to this act to issue summonses for violations of R.S.39:4-138 upon the institution's property.  Campus parking enforcement officers are not special law enforcement officers within the meaning of P.L.1985, c.439 (C.40A:14-146.8 et al.), are not members of any police force, and shall not have the power to issue summonses for violations that occur beyond the boundaries of the property owned or managed by the institution of higher education, academy, school, or other institution of learning, regardless of whether the violation occurred within the territorial limits of the municipalities in which the respective institutions are located.  Campus parking enforcement officers are not eligible for membership in the Police and Firemen's Retirement System established pursuant to P.L.1944, c.255 (C.43:16A-1 et seq.).

 

     2.    (New section) No person may be appointed as a campus parking enforcement officer unless the person:

     a.     is employed or appointed by, or contracts with, an institution of higher education, academy, school, or other institution of learning as a security officer or is employed by an entity which contracts with an institution of higher education, academy, school, or other institution of learning for the purpose of providing security services;

     b.    is a resident of this State during the term of appointment;

     c.     is able to read, write, and speak the English language well and intelligently;

     d.    is of sound mind and in good health;

     e.     is of good moral character; and

     f.     has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office.

 

     3.    (New section) Every applicant for the position of campus parking enforcement officer appointed pursuant to this act shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and Federal Bureau of Investigation.

 

     4.    (New section) Before any campus parking enforcement officer is appointed pursuant to this act, the chief of police, or, in the absence of the chief, other chief law enforcement officer of the municipality in which the institution is located shall ascertain the eligibility and qualifications of the applicant and report these determinations in writing to the appointing institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution.

 

     5.    (New section) No campus parking enforcement officer may carry a firearm while engaged in the actual performance of the officer's official duties.  A campus parking enforcement officer shall be deemed to be on duty only while the officer is performing the enforcement functions enumerated in section 1 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill) on behalf of an institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution, and when that officer is receiving compensation from that institution or employer.

 

     6.    (New section) No person appointed as a campus parking enforcement officer may commence his duties as such an officer unless that person has successfully completed a training course conducted or approved by the chief of police or, in his absence, other chief law enforcement officer of the municipality in which the institution is located.

 

     7.    (New section) The training requirements set forth in section 6 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill) may be waived by the appointing institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution, for any person eligible to be appointed as a campus parking enforcement officer under P.L.    , c.   (C.      ) (pending before the Legislature as this bill) who has substantially equivalent training and background, as determined by the chief of police or, in his absence, other chief law enforcement officer of the municipality in which the institution is located.

 

     8.    (New section) Every campus parking enforcement officer, prior to the commencement of his duties, shall be furnished with a uniform which shall identify the officer's function.  The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution, with which the officer is employed.  The uniform shall also include an insignia issued by the institution or other employer which clearly indicates the officer's status as a campus parking enforcement officer.

 

     9.    (New section) The institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution, may charge a reasonable fee for uniforms supplied pursuant to this act; however, the institution or other employer shall not charge a fee for the costs of training or issuing a certificate of appointment.

 

     10.  R.S.39:4-138 is amended to read as follows:

     39:4-138.  Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

     a.     Within an intersection;

     b.    On a crosswalk;

     c.     Between a safety zone and the adjacent curb or within at least 20 feet of a point on the curb immediately opposite the end of a safety zone; 

     d.    In front of a public or private driveway;

     e.     (1) Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except at alleys and as provided in section 2 of P.L.2009, c.257 (C.39:4-138.6); or

     (2)   Within 10 feet of the nearest crosswalk or side line of a street or intersecting highway, if a curb extension or bulbout has been constructed at that crosswalk;

     f.     On a sidewalk;

     g.     In any appropriately marked "No Parking" space established pursuant to the duly promulgated regulations of the Commissioner of Transportation;

     h.     Within 50 feet of a "stop" sign except as provided in section 2 of P.L.2009, c.257 (C.39:4-138.6);

     i.      Within 10 feet of a fire hydrant;

     j.     Within 50 feet of the nearest rail of a railroad crossing;

     k.    Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly signposted;

     l.      Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic, when properly signposted;

     m.    On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

     n.     Upon any bridge or other elevated structure upon a highway, or within a highway tunnel or underpass, or on the immediate approaches thereto except where space for parking is provided;

     o.    In any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to P.L.1977, c.202 (C.39:4-197.5), P.L.1975, c.217 (C.52:27D-119 et seq.) or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle.  State, county or municipal law enforcement officers [or] , parking enforcement authority officers, or campus parking enforcement officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.

     No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

(cf:  P.L.2009, c.257, s.1)

 

     11.  This act shall take effect on the first day of the September following enactment.

 

 

STATEMENT

 

     This bill establishes campus parking enforcement officers, for the purpose of enforcing parking violations on the property of colleges and universities.

     Under the bill, an institution of higher education, academy, school, or other institution of learning, or other employer which contracts with such an institution for the purpose of providing security services, may appoint campus parking enforcement officers to issue summonses for parking violations on campus.  The bill establishes minimum requirements for these officers and requires that anyone appointed to such a position complete a training course.  While on duty, such officers would be prohibited from carrying firearms and would have to wear uniforms identifying their function as campus parking enforcement officers and the institution or entity by which they are employed.

     The bill specifies that campus parking enforcement officers are not special law enforcement officers, are not members of any police force, and do not have the power to issue summonses for violations that occur off-campus.  Further, campus parking enforcement officers would not be eligible for membership in the Police and Firemen's Retirement System.

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