S611

An Act concerning the development of a searchable Internet "Municipal Penalty Database" and supplementing chapter 5 of Title 40A of the New Jersey Statutes.

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

1. a. (1) The Division of Local Government Services in the Department of Community Affairs, in consultation with the Administrative Office of the Courts and the Office of Information Technology, shall design, develop, and maintain a single, searchable Internet database, to be known as the "Municipal Penalty Database," that contains and displays information about the monetary penalties imposed and collected by each municipality for the violation of each ordinance the municipality may have authority to pass.

(2) The database shall display a quarterly report for each municipality setting forth: each type of violation prescribed by ordinance; the monetary penalty amount, amounts, or range prescribed by ordinance for each type of violation; the number of occurrences of each type of violation during the prior three-month period; and the total amount collected by the municipality for each type of violation during the prior three-month period.

b. Each entry in the Internet database shall include information as required pursuant to rules and regulations adopted by the Division of Local Government Services.

c. In addition to the requirements specified in subsection a. of this section, the Internet database shall:

(1) be publicly available and accessible from the Division of Local Government Services Internet website;

(2) display all of the information required by subsection b. of this section;

(3) be searchable by the name of the municipality;

(4) be reviewed and updated at least once every three months, or more frequently as new information becomes available or changes are necessary;

(5) retain and display each prior quarterly report;

(6) indicate, for each municipality, whether the municipality is in compliance with the requirements of subsection d. of this section; and

(7) provide an opportunity for the public to submit input and feedback concerning the utility of the Internet database and recommendations for its improvement.

d. Each municipality shall submit to the Division of Local Government Services on a quarterly or more frequent basis, in the manner the division may require, information about the monetary penalties the municipality has imposed and collected for the violation of each ordinance the municipality may have authority to pass. The information shall include, but not be limited to: each type of violation prescribed by ordinance; the monetary penalty amount, amounts, or range prescribed by ordinance for each type of violation; the number of occurrences of each type of violation during the prior three-month period; the total amount collected by the municipality for each type of violation during the prior three-month period; and any related information required by rules adopted by the Division of Local Government Services.

e. (1) Notwithstanding any provision of law to the contrary, the Division of Local Government Services shall prohibit a municipality that does not comply with the requirements of subsection d. of this section from imposing and collecting a fine in excess of $25 as a penalty for the violation of an ordinance it may have authority to pass until such time as the division determines that the municipality has satisfactorily complied with the requirements.

(2) A person cited for violating an ordinance during a period of time that the municipality is not in compliance with the requirements of this section may affirmatively assert the provisions of this section as a defense against the ability of the municipality to impose and collect a fine in excess of $25 as a penalty for violation of the ordinance.

f. Nothing in this section shall require the disclosure of information deemed confidential by State or federal law.

2. The Division of Local Government Services in the Department of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act.

3. This act shall take effect immediately.

STATEMENT

This bill would require the Division of Local Government Services in the Department of Community Affairs, in consultation with the Administrative Office of the Courts and the Office of Information Technology, to design, develop, and maintain a database that contains and displays information about the monetary penalties imposed and collected by municipalities for the violation of municipal ordinances. The "Municipal Penalty Database" would be publicly available and accessible from the Division of Local Government Services Internet website.

The "Municipal Penalty Database," would display a quarterly report for each municipality setting forth:

· each type of violation prescribed by ordinance,

· the monetary penalty amount, amounts, or range prescribed by ordinance,

· the number of occurrences of each type of violation during the prior three-month period, and

· the total amount collected by the municipality for each type of violation during the prior three-month period.

The database would also retain and display each prior quarterly report. The bill requires the Division of Local Government Services to adopt rules to effectuate the purposes of the bill.

The bill requires each municipality to submit information to the Division of Local Government Services on a quarterly or more frequent basis, in the manner the division may require, information about the monetary penalties the municipality has imposed and collected for the violation of each type of ordinance. If a municipality does not comply with this requirement, the Division of Local Government Services would prohibit the municipality from imposing and collecting a fine in excess of $25 as a penalty for the violation of any of its ordinances until the division determines that the municipality has satisfactorily complied with the requirement. Additionally, a person cited for violating an ordinance during a period of time that the municipality is not in compliance with this requirement may affirmatively assert the provisions of the bill as a defense against the ability of the municipality to impose and collect a fine in excess of $25 as a penalty for violation of the ordinance.