Bill Text: NJ A2913 | 2020-2021 | Regular Session | Introduced


Bill Title: Permits members of Community Emergency Response Teams to perform traffic duties under certain circumstances.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-10-19 - Reported out of Assembly Committee, 2nd Reading [A2913 Detail]

Download: New_Jersey-2020-A2913-Introduced.html

ASSEMBLY, No. 2913

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 20, 2020

 


 

Sponsored by:

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Permits members of Community Emergency Response Teams to perform traffic duties under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning Community Emergency Response Teams and supplementing chapter 9 of Appendix A.

 

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

 

     1.    a.   A duly organized volunteer Community Emergency Response Team may appoint certain members to perform traffic duties during times of emergency or disaster for a term of office not to exceed five years from the date of appointment.  Prior to the performance of any duties, the appointed members shall qualify by:

     (1)   passing a physical examination documenting the member's ability to stand and direct traffic for extended periods of time;

     (2)   successfully completing a basic training course formulated or approved by the New Jersey Police Training Commission; and

     (3)   taking and subscribing an oath that the member will justly, impartially, and faithfully discharge the member's duties according to the best of the member's ability and understanding.  The oath shall be administered by the municipal clerk and subscribed to in duplicate.  The original copy of the oath shall be filed with the municipal clerk and the other copy shall be filed with the administrator of the Community Emergency Response Team making the appointment.

     b.    After appointment, a qualified member shall be eligible to perform the duties of a Community Emergency Response Team traffic officer and shall have full power and authority to act as a Community Emergency Response Team traffic officer anywhere in the county in which the officer is appointed or in any county in which the officer is called upon to act.

     c.     The duties of the Community Emergency Response Team traffic officer shall be to perform traffic duties as requested by a law enforcement agency during times of emergency or disaster:

     (1)   on any roadway or intersection until the arrival of a duly authorized law enforcement officer; or

     (2)   at any public event where Community Emergency Response Team traffic officer services have been requested to protect the public, subject to the approval of and supervision by the chief law enforcement officer of the municipality in which the public event takes place or the Superintendent of State Police if the municipality does not have a police department.

     d.    A Community Emergency Response Team traffic officer shall wear a Class 3 safety vest as certified by the American National Standards Institute (ANSI) and an authorized Community Emergency Response Team traffic officer emblem on the left breast of the outermost garment while in performance of the officer's duties.  In addition, a Community Emergency Response Team traffic officer shall be equipped with a whistle, flashlight, traffic wand, and gloves.

     e.     Nothing in this section shall be construed to confer on a Community Emergency Response Team traffic officer the right to supersede a duly authorized law enforcement officer.

     f.     Community Emergency Response Team traffic officers acting in good faith and within the confines of the officer's training shall not be liable in any civil action to respond in damages as a result of any acts of commission or omission arising out of and in the course of performing traffic duties pursuant to this section.

     g.    As used in this section:

     "Community Emergency Response Team" means a group of volunteers working under the authority of the New Jersey Office of Emergency Management who are trained to respond to emergency situations.

     "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill permits members of Community Emergency Response Teams (CERT) to perform traffic duties under certain circumstances.

     Under the provisions of this bill, a volunteer CERT may appoint certain members to perform traffic duties during times of emergency or disaster for a term of up to five years.  Prior to performing any duties, the appointed member is required to qualify by: 1) passing a physical examination documenting the member's ability to stand and direct traffic for extended periods of time; 2) successfully completing a basic training course formulated or approved by the New Jersey Police Training Commission; and 3) taking and subscribing an oath that the member will justly, impartially, and faithfully discharge the member's duties.

     The bill provides that after appointment, a qualified member is eligible to perform duties as a CERT traffic officer and may act anywhere in the county in which the officer is appointed or any county where the officer is called upon to act. 

     In addition, under the bill, the duties of a CERT traffic officer are to perform traffic duties at the request of a law enforcement agency during times of emergency or disaster: 1) on any roadway or intersection until the arrival of a duly authorized law enforcement officer; or 2) at any public event where CERT traffic officer services have been requested to protect the public, subject to the approval of and supervision by the chief law enforcement officer of the municipality in which the public event takes places or the Superintendent of State Police if the municipality does not have a police department. 

     Under the bill, Community Emergency Response Team traffic officers acting in good faith and within the confines of the officer's training are not to be liable in any civil action to respond in damages as a result of any acts of commission or omission arising out of and in the course of performing traffic duties pursuant to the bill.

     Finally, the bill defines CERT as a group of volunteers working under the authority of the New Jersey Office of Emergency Management who are trained to respond to emergency situations.

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