ASSEMBLY, No. 60

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KAVANAUGH

An Act permitting a surcharge on certain motor vehicle and traffic violations, amending R.S.39:5-41 and supplementing chapter 8 of Title 2A of the New Jersey Statutes.

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

    1. R.S.39:5-41 is amended to read as follows:

    39:5-41. a. All fines, penalties and forfeitures imposed and collected under authority of law for any violations of R.S.39:4-63 and R.S.39:4-64, shall be forwarded by the judge to whom the same have been paid to the proper financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the municipality.

    b. Except as otherwise provided by subsection a. of this section, all fines, penalties and forfeitures imposed and collected under authority of law for any violations of the provisions of this Title, other than those violations in which the complainant is the director, a member of his staff, a member of the State Police, an inspector of the Board of Public Utilities, or a law enforcement officer of any other State agency, shall be forwarded by the judge to whom the same have been paid as follows: one-half of the total amount collected to the financial officer, as designated by the local governing body, of the respective municipalities wherein the violations occurred, to be used by the municipality for general municipal use and to defray the cost for operating the municipal court; and one-half of the total amount collected to the proper financial officer of the county wherein they were collected, to be used by the county as a fund for the construction, reconstruction, maintenance and repair of roads and bridges, snow removal, the acquisition and purchase of rights-of-way, and the purchase, replacement and repair of equipment for use on said roads and bridges therein. Up to 25% of the money received by a municipality pursuant to this subsection, but not more than the actual amount budgeted for the municipal court, whichever is less, may be used to upgrade case processing.

    Whenever any county has deposited moneys collected pursuant to this section in a special trust fund in lieu of expending the same for the purposes authorized by this section, it may withdraw from said special trust fund in any year an amount which is not in excess of the amount expended by the county over the immediate preceding three-year period from general county revenues for said purposes. Such moneys withdrawn from the trust fund shall be accounted for and used as are other general county revenues.

    c. The provisions of subsection a. and b. of this section shall not apply to the surcharge collected by the clerk of the municipal court for deposit into a separate fund to acquire public safety motor vehicles pursuant to section 5 of P.L. , c. (C. ) (now pending before the Legislature as this bill).

(cf: P.L.1993, c.293, s.5)

    2. (New section) The surcharge on motor vehicle or traffic violations imposed pursuant to section 5 of this act shall apply to a violation of any violation of the motor vehicle or traffic laws.

    3. (New section) a. There may be created by each municipality a separate non-lapsing fund which shall be administered by the chief financial officer of the municipality. There shall be deposited into the fund the $5.00 surcharge imposed on motor vehicle or traffic violations in that municipality pursuant to section 5 of this act and any other moneys made available for the purposes of the fund.

    b. The chief financial officer of the municipality shall credit to the fund all moneys received pursuant to section 5 of this act except as

provided in subsection d. of this section. The moneys deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the chief financial officer of the municipality. Interest or other income earned on moneys deposited into the fund shall be credited to the fund.

    c. Moneys deposited in the fund shall not be expended except in accordance with appropriations from the fund by resolution of the governing body of the municipality, and shall be used exclusively for the purposes set forth in section 4 of this act.

    d. Fifty cents ($.50) of each $5.00 surcharge imposed pursuant to section 5 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be forwarded to the Administrative Office of the Courts for deposit in the Automated Traffic System Fund pursuant to N.J.S.2B:12-30.

    4. a. (New section) Moneys deposited by the municipality into the separate fund established pursuant to section 5 of this act shall, in addition to amounts appropriated in the municipality's annual budget, be annually appropriated by resolution of the governing body of the municipality to acquire public safety motor vehicles. If any moneys remain in the fund after the immediate and foreseeable public safety motor vehicle needs of the municipality have been met, application may be made to the Director of the Division of Local Government Services in the Department of Community Affairs for a waiver to expend moneys in the fund for other public safety equipment.

    b. As used in this act, "public safety motor vehicle" means an appropriately marked motor vehicle acquired and used by a functional division of a municipality which provides law enforcement, fire fighting, emergency medical services, or other emergency services, and such other emergency vehicles as the Director of the Division of Local Government Services in the Department of Community Affairs may authorize by regulation.

    5. (New section) a. In addition to any fine or penalty imposed and collected under the authority of law for any violation of the motor vehicle or traffic laws which occurs within the muncipality, the municipal court shall also impose a $5.00 surcharge if the municipality has established a fund pursuant to section 3 of P.L. , c. (C. ) (now pending before the Legislature as this bill). The surcharge shall be collected by the clerk of the municipal court for deposit into the separate fund created pursuant to section 3 of this act to acquire public safety motor vehicles. The court shall not suspend the collection of the $5.00 surcharge imposed pursuant to this section.

    b. The Administrative Office of the Courts shall prescribe any revisions necessary to reflect the surcharge required under the provisions of subsection a. of this section in any summons or complaint form in use on the operative date of this act in connection with a motor vehicle or traffic violation.

    6. (New section) The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.

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

    8. This act shall take effect immediately, but shall remain inoperative until the first day of the sixth month following enactment and shall apply to offenses committed on or after the operative date.

STATEMENT

    This bill permits a municipality to impose a $5 surcharge on penalties for all motor vehicle and traffic violations. These moneys would be deposited into special funds created by municipalities choosing to do so, for the purpose of acquiring public safety motor vehicles. The surcharge shall apply to all motor vehicle or traffic violations which occur within a municipality which chooses to establish a fund for this purpose, and provide that $.50 of each $5.00 surcharge shall be forwarded to the Administrative Office of the Courts for deposit in the Automated Traffic System Fund.

    The bill defines "public safety motor vehicle" as an appropriately marked motor vehicle acquired and used by a functional division of a municipality which provides law enforcement, fire fighting, emergency medical services, or other emergency services, and any other emergency vehicles as the Director of the Division of Local Government Services in the Department of Community Affairs authorizes by regulation.

    If moneys remain in the fund created by the bill after the immediate and foreseeable public safety motor vehicle needs of the municipality have been met, the muncipality may apply to the director for a waiver to expend moneys in the fund for other public safety equipment.

Permits imposition of $5.00 surcharge on motor vehicle violations to replace municipal public safety vehicles if municipality establishes fund.