A848

ASSEMBLY, No. 848

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen COTTRELL and MALONE

An Act concerning drunk driving surcharges and amending P.L.1984, c.4.

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

1. Section 1 of P.L.1984, c.4 (C.39:4-50.8) is amended to read as follows:

1. Upon a conviction of a violation of R.S.39:4-50, the court shall collect from the defendant a surcharge of $100.00 in addition to and independent of any fine imposed on that defendant. The court shall forward the surcharge to the Director of the Division of Motor Vehicles who shall deposit $95.00 of the surcharge into a "Drunk Driving Enforcement Fund" (hereinafter referred to as the "fund"). This fund shall be used to establish a Statewide drunk driving enforcement program to be supervised by the director. The remaining $5.00 of each surcharge shall be deposited by the director into a separate fund for administrative expenses.

A municipality shall be entitled to periodic grants from the "Drunk Driving Enforcement Fund" in amounts representing its proportionate contribution to the fund. A municipality shall be deemed to have contributed to the fund the portion of the surcharge allocated to the fund, collected pursuant to this section if the violation of R.S.39:4-50 occurred within the municipality and the arrest resulting in conviction was made by the member of a municipal police force. The grants from the fund shall be used by the municipality to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director. A municipality which chooses not to conduct additional patrols shall be eligible to receive its grant for the purchase of law enforcement equipment. The Division of State Police, interstate law enforcement agencies and county law enforcement agencies shall be entitled to periodic grants from the fund in amounts representing their proportionate contribution to the fund. The Division of State Police or county or interstate law enforcement agency shall be deemed to have contributed to the fund the portion of the surcharge allocated to the fund collected pursuant to this section if the arrest resulting in a conviction was made by a member of the Division of State Police or county or interstate law enforcement agency. The grants from the fund shall be used by the Division of State Police or county or interstate law enforcement agency to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director.

The surcharge described herein shall not be considered a fine, penalty or forfeiture to be distributed pursuant to R.S.39:5-41.

The director shall promulgate rules and regulations in order to effectuate the purposes of this section.

(cf: P.L.1984, c.4, s.1)

2. This act shall take effect immediately.

STATEMENT

Persons convicted of drunk driving are required to pay a surcharge of $100 which is deposited in the Drunk Driving Enforcement Fund. Monies in the fund are distributed to municipalities, in proportion to the number of drunk driving convictions resulting from arrests within their borders, for additional drunk driving patrols and other purposes determined by the Director of the Division of Motor Vehicles.

Under rules of the Office of Highway Traffic Safety in the Department of Law and Public Safety, which administers this program, a municipality may use its grant funds to purchase equipment only if it also elects to conduct additional law enforcement patrols. Any equipment purchased also must be used in connection with such patrols. However, it is impractical for certain municipalities to mount additional patrols and, hence, they are unable to receive the surcharge funds collected for offenses within their boundaries.

This bill would enable a municipality, which elects not to conduct additional patrols, to use its proportional share of surcharge funds for the purchase of law enforcement equipment.

Broadens use of drunk driving surcharge funds.