ASSEMBLY, No. 1364

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman STUHLTRAGER

 

 

An Act concerning paging devices and amending P.L.1989, c.232.

 

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

 

    1. Section 1 of P.L.1989, c.232 (C.2C:33-18) is amended to read as follows:

    1. a. A person shall not sell, lease, give or otherwise provide a remotely activated paging device to a person under 18 years of age, except as permitted in subsection b. of this section. A person who knowingly violates this subsection shall be guilty of a disorderly persons offense.

    b. Subsection a. shall not apply if a remotely activated paging device is sold, leased, given or otherwise provided to a person under 18 years of age who is authorized to possess a paging device (1) by a physician or surgeon licensed pursuant to P.L.1938, c.277 (C.45:9-1 et seq.) during a course of a medical treatment or care [or] , (2) by an owner or operator of a legal commercial enterprise during the hours of employment or (3) by the chief executive officer of a volunteer fire company or first aid, ambulance or rescue squad during the hours the person is required to respond to an emergency. A copy of a statement by the licensed physician or surgeon [or the] , owner or operator of the legal commercial enterprise, or chief executive officer of the volunteer fire company or first aid, ambulance or rescue squad authorizing the possession of the paging device shall be in the possession of the person who is under 18 years of age at all times while that person is in possession of the remotely activated paging device pursuant to the exemptions in this subsection.

    The person selling, leasing, giving or otherwise providing a remotely activated paging device to a person under 18 years of age, who is not the employer of that person, shall at that time acquire and retain a copy of a statement by the licensed physician or surgeon [or the] , operator of the legal commercial enterprise, or chief executive officer of the volunteer fire company or first aid, ambulance or rescue squad authorizing the possession of the remotely activated paging device by the person who is under 18 years of age.

    Any paging device possessed in violation of this subsection may be seized by the State or any law enforcement officer and shall be subject to forfeiture pursuant to the provisions of N.J.S.2C:64-1 et seq.

    Nothing in this section shall be deemed to prohibit the parent or guardian of a person under 18 years of age from giving or otherwise providing a paging device to that person.

(cf: P.L.1989, c.232, s.1)

 

    2. Section 2 of P.L.1989, c.232 (C.2C:33-19) is amended to read as follows:

    2. [Any] No person enrolled as a student of an elementary or secondary school, [who] knowingly and without the express written permission of the school board, its delegated authority, or any school principal, [brings or possesses] shall bring or possess any remotely activated paging device on any property used for school purposes, at any time and regardless of whether school is in session or other persons are present[, is guilty of a disorderly persons offense]. A violation of this section shall be a disorderly persons offense. No permission to bring or possess any remotely activated paging device on school property shall be granted unless and until a student [or parent] shall have established to the satisfaction of the school authorities a reasonable basis for the possession of the device on school property.

    This section shall not apply to any person who is under 18 years of age and is an active member in good standing of a volunteer fire company or first aid, ambulance or rescue squad provided that (1) the person is required to respond an emergency and (2) a copy of the statement by the chief executive officer of the volunteer fire company or first aid, ambulance or rescue squad authorizing the possession of the paging device is in the possession of the person at all times while that person is in possession of the remotely activated paging device.

    No student shall be denied permission by school officials to possess a remotely activated paging device on school property if the student's parent or guardian notifies the school officials in writing that the student has the permission of the parent or guardian to possess the paging device.

(cf: P.L.1989, c.232, s.2)

 

    3. This act shall take effect immediately.


STATEMENT

 

    This bill amends section 1 of P.L.1989, c.232 (C.2C:33-18) which prohibits selling or giving a remotely activated paging device to minors unless the minor is authorized to possess that device by a physician for health reasons or unless the minor is authorized by his employer to possess a paging device during business hours. This bill permits the sale, lease, giving or provision of a remotely activated paging device to an active member in good standing of a volunteer fire company or first aid, ambulance or rescue squad who is under 18 years of age when the use of the device has been authorized by the chief executive officer of that organization during the hours the person is required to respond to an emergency. The bill also clarifies that this section does not prohibit a parent or guardian from providing a minor with a paging device.

    This bill also amends section 2 of P.L.1989, c.232 (C.2C:33-19) which prohibits an elementary or secondary school student from bringing a paging device onto school property without the permission of the school board or school principal. It provides an exception for a student who is an active member in good standing of a volunteer fire company or first aid, ambulance or rescue squad provided that the student is required to respond to an emergency and carries a copy of the statement by the chief executive officer of that organization authorizing the possession of the paging device. This bill also provides that authority to possess a paging device on school grounds could not be denied by school officials if the parent or guardian of a student has notified school officials in writing that the student has permission to possess a paging device.

 

 

 

Permits provision and possession of paging devices to and by certain persons under age 18.