New Jersey-2016-A2386-Introduced

An Act concerning school bus passenger safety, amending R.S.39:5-41, and supplementing P.L.1965, c.119 (C.39:3B-1 et seq.) and P.L.1945, c.162 (C.54:10A-1 et seq.).

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 Fines, penalties, forfeiture, disposition of; exceptions.

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 a county, if the violation occurred within the jurisdiction of that county's central municipal court, established pursuant to N.J.S.2B:12-1 et seq. or the municipality wherein the violation occurred, to be used by the county or 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 complaining witness is the chief administrator, a member of his staff, a member of the State Police, a member of a county police department and force, a county park police system, or a sheriff's office in a county that has established a central municipal court, 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 of 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.

All fines, penalties and forfeitures imposed and collected under authority of law for any violations of the provisions of this Title, in which the complaining witness is a member of a county police department and force, a county park police system, or a county sheriff's office in a county that has established a central municipal court, shall be forwarded by the judge to whom the same have been paid to the financial officer, designated by the governing body of the county, for all violations occurring within the jurisdiction of that court, to be used for general county use and to defray the cost of operating the central municipal court.

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 immediately 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. (Deleted by amendment, P.L.1993, c.293.)

d. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected through a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. In addition, upon the forfeiture of bail, $1 of that forfeiture shall be forwarded to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "Body Armor Replacement" fund established pursuant to section 1 of P.L.1997, c.177 (C.52:17B-4.4). Beginning in the fiscal year next following the effective date of this act, the State Treasurer annually shall allocate from those moneys so forwarded an amount not to exceed $400,000 to the Department of the Treasury to be expended exclusively for the purposes of funding the operation of the "Law Enforcement Officer Crisis Intervention Services" telephone hotline established and maintained under the provisions of sections 115 and 116 of P.L.2008, c.29 (C.26:2NN-1 and C.26:2NN-2).

e. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected through a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "New Jersey Spinal Cord Research Fund" established pursuant to section 9 of P.L.1999, c.201 (C.52:9E-9). In order to comply with the provisions of Article VIII, Section II, paragraph 5 of the State Constitution, a municipal or county agency which forwards moneys to the State Treasurer pursuant to this subsection may retain an amount equal to 2% of the moneys which it collects pursuant to this subsection as compensation for its administrative costs associated with implementing the provisions of this subsection.

f. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected through a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "Autism Medical Research and Treatment Fund" established pursuant to section 1 of P.L.2003, c.144 (C.30:6D-62.2).

g. Notwithstanding the provisions of subsections a. and b. of this section, $2 shall be added to the amount of each fine and penalty imposed and collected by a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "New Jersey Forensic DNA Laboratory Fund" established pursuant to P.L.2003, c.183. Prior to depositing the moneys into the fund, the State Treasurer shall forward to the Administrative Office of the Courts an amount not to exceed $475,000 from moneys initially collected pursuant to this subsection to be used exclusively to establish a collection mechanism and to provide funding to update the Automated Traffic System Fund created pursuant to N.J.S.2B:12-30 to implement the provisions of this subsection.

h. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "New Jersey Brain Injury Research Fund" established pursuant to section 9 of P.L.2003, c.200 (C.52:9EE-9). The Administrative Office of the Courts may retain an amount equal to $475,000 from the moneys which it initially collects pursuant to this subsection, prior to depositing any moneys in the "New Jersey Brain Injury Research Fund," in order to meet the expenses associated with utilizing the Automated Traffic System Fund created pursuant to N.J.S.2B:12-30 to implement the provisions of this subsection and serve other statutory purposes.

i. Notwithstanding the provisions of subsections a. and b. of this section, all fines and penalties imposed and collected under authority of law for any violation related to the unlawful operation or the sale of a vehicle under section 1 of P.L.1955, c.53 (C.39:3-17.1) shall be forwarded by the judge to whom the same have been paid to the State Treasurer, if the complaining witness is the chief administrator, a member of his staff, a member of the State Police, an inspector of the Board of Public Utilities, or a law enforcement officer or other official of any other State agency; or, if the complaining witness is not one of the foregoing, one-half to the chief financial officer of the county and one-half to the chief financial officer of the municipality wherein the violation occurred.

j. Notwithstanding the provisions of subsection a. and b. of this section, one-half of the amount of the fine and penalties imposed and collected for a violation of P.L.1942, c.192 (C.39:4-128.1) shall be forwarded by the person to whom they have been paid to the State Treasurer. The State Treasurer shall annually deposit those moneys in the "New Jersey School Bus Safety Fund," established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2015, c.103, s.2)

2. (New section) There is established in the Department of the Treasury a non-lapsing revolving fund to be known as the "New Jersey School Bus Safety Fund." This fund shall be the repository for the fine and penalty moneys collected pursuant to subsection j of R.S.39:5-41. The moneys deposited in the fund, and any interest earned thereon, shall be used exclusively for the purpose of making grants to school districts to help defray the costs of installing video cameras on their school buses to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1). The video cameras shall be of a design and type approved by the Chief Administrator of the New Jersey Motor Vehicle Commission.

The chief administrator shall annually apportion the amounts in the fund to applicant school districts. Applications shall be filed at a time and in a manner and form prescribed by the chief administrator. To the greatest extent practicable, the chief administrator shall apportion the moneys to school districts located in the county in which the offense occurred and the fine and penalty moneys were collected. A grant authorized under this section shall not exceed the actual costs incurred by the school district in purchasing and installing the video cameras. The amount of grant moneys allocated each applicant school district shall be final and conclusive, and no appeal shall be taken, except to correct an arithmetical or typographical error.

3. (New section) School bus contractors who install video cameras on their school buses to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1) shall be entitled to a one-time tax credit against their liability under the "Corporation Business Tax Act (1945)," P.L.1945, c.162 (C.54:10A-1 et seq.).

A school bus contractor seeking this credit shall apply to the Director of the Division of Taxation. The application shall be in a manner and form prescribed by the director and shall include a certification from the Chief Administrator of the New Jersey Motor Vehicle Commission that:

a. The applicant has installed video cameras on his school buses to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1); and

b. The video cameras so installed are of a design and type approved by the chief administrator.

The amount of the credit shall equal the actual cost incurred by the contractor in purchasing and installing the video cameras; provided, however, the aggregate credit accorded a contractor under this section shall not exceed the contractor's total tax liability for that tax year under the "Corporation Business Tax (1945)," P.L.1945, c.162 (C.54:10A-1 et seq.).

4. This act shall take effect on the first day of the seventh month following enactment.

STATEMENT

This bill provides assistance to school districts and private contractors who install video cameras on their school buses to assist in the enforcement of P.L.1942, c.192 (C.39:4-128.1), the law which prohibits motor vehicles from passing a school bus while it is stopped to pick up or discharge passengers.

Under the provisions of the bill, school districts would be eligible for grants from the "New Jersey School Bus Safety Fund" and private contractors would be eligible for tax credits against their tax liability under the corporation business tax.

The grant moneys are to come from a portion of the fine and penalty moneys assessed against motor vehicle operators who are ticketed for unlawfully passing a school bus that is stopped to pick-up or discharge passengers. The bill provides that one-half of all the moneys collected for this offense be paid into the "New Jersey School Bus Safety Fund." School districts interested in receiving a grant are to apply to the Chief Administrator of the New Jersey Motor Vehicle Commission. To the greatest extent practicable, the chief administrator shall apportion the moneys to school districts located in the county in which the offense occurred and the fine and penalty moneys were collected.

The tax credit is to be equal to the actual costs the private contractor incurred in purchasing and installing the video cameras.

The bill specifies, however, that a private contractor may not receive a credit that exceeds the total amount of his tax liability under the corporation business tax.