Bill Text: NJ A4728 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes "ATV Law Enforcement Task Force" to enhance and coordinate efforts to enforce laws pertaining to ATVs; appropriates $1 million.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-10-11 - Introduced, Referred to Assembly Law and Public Safety Committee [A4728 Detail]
Download: New_Jersey-2022-A4728-Introduced.html
Sponsored by:
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
SYNOPSIS
Establishes "ATV Law Enforcement Task Force" to enhance and coordinate efforts to enforce laws pertaining to ATVs; appropriates $1 million.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the "ATV Law Enforcement Task Force" and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is established in each county, respectively, a task force to be known as the "ATV Law Enforcement Task Force." Each county task force shall: 1) study current law pertaining to all-terrain vehicles and make findings and recommendations regarding enforcement of applicable laws; and 2) develop and adopt a county ATV law enforcement mutual aid plan that will set forth an agreement among the counties regarding the adoption of policies and procedures to enhance law enforcement and coordinate efforts to combat illegal all-terrain vehicle operation.
Each task force shall consider a range of options for combatting illegal all-terrain vehicle use, including the aggressive use of all-terrain vehicle seizure as a strategy to combat the illegal use of all-terrain vehicles.
b. The task force shall consist of the following members:
(1) the county prosecutor who shall serve as the chair of that county's task force;
(2) the county sheriff, or a designee;
(3) the chief law enforcement officer of every county and municipal police department or force in that county, or a designee; and
(4) the chief law enforcement officer of any county park police department or force in that county, or a designee.
c. The chairs shall appoint a secretary who need not be a member of the county task force. The members of the task force shall serve without compensation but may be reimbursed, within the limits of funds made available to the task force, for necessary travel expenses incurred in the performance of their duties.
d. The chair shall call an initial meeting of the task force within 30 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.
e. The Attorney General shall provide support staff to aid in coordinating the efforts of each task force; provide assistance in conducting legal research and compiling the findings and recommendations of each county task force; provide assistance coordinating and preparing each county mutual aid agreement, and aid in transmitting each of the 21 county's findings, conclusions, and recommendations to the Attorney General.
f. The task force shall seek advice from the county executive, mayors from each municipality in that county, and any experts deemed appropriate by membership of the task force.
g. Each county task force shall prepare and adopt a county ATV law enforcement mutual aid plan. The plan shall set forth policies and procedures regarding the enforcement of laws regulating all-terrain vehicles to enhance enforcement through the coordination of efforts and resources. Each county mutual aid plan shall be based upon the planning criteria, objectives, requirements, responsibilities and concepts of operation essential for the implementation of all necessary and appropriate protective or remedial measures taken in response to the illegal use of all-terrain vehicles. Each county mutual aid plan shall be adopted no later than six months after the effective date of this act.
h. The mutual aid plan shall set forth policies and procedures regarding the implementation of P.L.2021, c.353 (C.2C:64-1 et seq.) in each of the State's 21 counties, which would allow a municipality to adopt an ordinance declaring any all-terrain vehicle in that municipality that is operated illegally as contraband subject to forfeiture in accordance with the provisions of N.J.S.2C:64-1.
i. Each law enforcement agency shall implement the county's mutual aid plan, and shall have the authority to seize any ATV operated illegally, pursuant to the provisions of the mutual aid plan.
j. The task force shall transmit the mutual aid agreement and any findings and recommendations to the Attorney General within six months of the initial meeting.
k. Upon receiving the findings and recommendations of each task force, the Attorney General shall prepare a report that shall be submitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1), the Legislature no later than three months after receiving the findings and recommendations of each county task force. The report shall include the findings and recommendations of each county task force and shall recommend legislation that may aid in the enforcement of all-terrain vehicle laws and public safety.
2. There is appropriated from the General Fund to the Department of Law and Public Safety the sum of $1,000,000 which shall be distributed by the Attorney General to each of the 21 counties as necessary in order to effectuate the provisions of this act, the remainder of which shall revert back to the General Fund upon expiration of this act.
3. This act shall take
effect immediately and shall expire upon submission of the Attorney General's
report to the Governor and Legislature.
STATEMENT
This bill establishes an "ATV Law Enforcement Task Force" in each county, respectively. Each county task force is required to: 1) study and make recommendations concerning efforts to enforce all-terrain vehicle (ATV) laws; and 2) develop and adopt a county ATV law enforcement mutual aid plan that will set forth an agreement among the counties regarding the adoption of policies and procedures to enhance and coordinate all-terrain vehicle law enforcement efforts, including the utilization of recent changes to the law regarding the seizure of certain all-terrain vehicles. In addition, this bill provides law enforcement with the authority to seize certain all-terrain vehicles pursuant to the provisions of the mutual aid agreement.
The task force is to consist of the following members:
(1) the county prosecutor who shall serve as the chair of that county's task force;
(2) the county sheriff, or a designee;
(3) the chief law enforcement officer of every county and municipal police department or force in that county, or a designee; and
(4) the chief law enforcement officer of any county park police department or force in that county, or a designee.
The chairs are to appoint a secretary who need not be a member of the county task force. The members of the task force are to serve without compensation but may be reimbursed, within the limits of funds made available to the task force, for necessary travel expenses incurred in the performance of their duties.
The chair is to call an initial meeting of the task force within 30 days of the effective date this bill and hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge. The task force is entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.
Under the bill, the Attorney General is to provide support staff to help coordinate the efforts of each task force; provide assistance in conducting legal research and compiling the findings and recommendations of each task force; provide assistance in preparing the mutual aid agreement; and assist in transmitting each of the 21 county's findings, conclusions, and recommendations to the Attorney General.
The bill requires the task force to seek advice from the county executive, mayors from each municipality in that county, and any experts deemed appropriate by membership of the task force.
Under the bill, each county task force is required to prepare and adopt a county ATV law enforcement mutual aid plan. The plan is required to set forth policies and procedures regarding the enforcement of laws regulating all-terrain vehicles to enhance enforcement through a coordination of efforts and resources. Each county mutual aid plan is to be based upon the planning criteria, objectives, requirements, responsibilities and concepts of operation essential for the implementation of all necessary and appropriate protective or remedial measures taken in response to the illegal use of all-terrain vehicles. The county mutual aid plans are required to be adopted no later than six months after the effective date of this bill.
In addition, the bill provides that the mutual aid plan is to set forth policies and procedures regarding the implementation of P.L.2021, c.353 (C.2C:64-1 et seq.) in each of the State's 21 counties, which would allow a municipality to adopt an ordinance declaring any all-terrain vehicle in that municipality that is operated illegally as contraband subject to forfeiture in accordance with the provisions of N.J.S.2C:64-1.
Each law enforcement agency is required to implement the county's mutual aid plan and will have the authority to seize any ATV operated illegally, pursuant to the provisions of the mutual aid plan.
Pursuant to the bill's provisions, the task force is to transmit its findings and recommendations to the Attorney General within six months of the initial meeting.
Upon receiving the findings and recommendations of each county task force, the bill provides that the Attorney General is to prepare a report to be submitted to the Governor and Legislature no later than three months after receiving the findings and recommendations of each county task force. The report is to include the findings and recommendations for legislation that may aid coordinated enforcement of ATV laws and public safety.
The bill provides that the sum of $1,000,000 is to be appropriated from the General Fund to the Department of Law and Public Safety to be distributed by the Attorney General to each of the 21 counties as necessary in order to effectuate the provisions of the bill, the remainder of which is to revert back to the General Fund upon expiration of this bill.
The sponsor notes that ATV use
frequently constitutes a significant threat to public safety. ATV accidents
impact both drivers and bystanders. A frequent cause of ATV accidents is the
operation of an ATV in violation of State law, such as by operating the ATV in
an unauthorized area or in a reckless manner. ATV accidents frequently result
in severe injury and may prove fatal. In addition, the improper use of an ATV
may cause extensive property damage and erode the quality of life of New Jersey
residents by disturbing the peace. While there are many responsible ATV users
in this State, there are also ATV users who disobey State laws,
damage private property, trespass on private land, and threaten public safety
by operating ATVs in an unsafe manner. The sponsor believes that a coordinated
response by law enforcement will have a greater likelihood of successfully
addressing the problems of illegal and irresponsible ATV use.
