Bill Text: NJ S127 | 2020-2021 | Regular Session | Introduced


Bill Title: Revises distribution of monies from Alcohol Education, Rehabilitation and Enforcement Fund to municipalities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S127 Detail]

Download: New_Jersey-2020-S127-Introduced.html

SENATE, No. 127

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Senator  JAMES W. HOLZAPFEL

District 10 (Ocean)

 

 

 

 

SYNOPSIS

     Revises distribution of monies from Alcohol Education, Rehabilitation and Enforcement Fund to municipalities.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the distribution of monies from the Alcohol Education, Rehabilitation and Enforcement Fund and amending P.L.1983, c.531.

 

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

 

     1.    Section 6 of P.L.1983, c.531 (C.26:2B-35) is amended to read as follows:

     6.    a.  Moneys dedicated for enforcement from the Alcohol Education, Rehabilitation and Enforcement Fund shall be distributed as follows:

     (1)   One-third shall be distributed to the "Municipal Court Administration Reimbursement Fund" pursuant to subsection b. of this section.

     (2)   Two-thirds shall be distributed in the "Drunk Driving Enforcement Fund" established pursuant to section 1 of P.L.1984, c.4 (C.39:4-50.8).

     b.    (1)  [Each municipality in this State shall present to the Administrative Office of the Courts, before December 31, 1983, the number of drunk driving arrests in the municipality during calendar year 1980.  This number shall be the base year number of arrests.  In any municipality in which the number of drunk driving arrests for calendar year 1980 exceeds the average of the number of drunk driving arrests for calendar years 1979 and 1981, that municipality may substitute the lower average figure as the base figure for the calculation in this subsection.  The municipality shall certify this substitution in writing to the Administrative Office of the Courts within 90 days of the effective date of this 1986 amendatory act. Once a substituted base year figure is used, it may not thereafter be changed.]  Beginning January 15, [1984] 2017, and each year thereafter [the], each municipality in the State shall report to the Administrative Office of the Courts the number of drunk driving arrests made in its municipality during the preceding calendar year.

     (2)   The Administrative Office of the Courts shall certify the [amounts submitted by each municipality and shall calculate for each municipality any increase in the number of arrests between the base year and the] number of arrests reported for the preceding calendar year by each municipality[The Administrative Office of the Courts shall then calculate the sum of all increases for all municipalities reporting.]

     (3)   Beginning for calendar year [1983] 2016, the [following fraction] amount of funding to be allocated to each reporting municipality from the Alcohol Education, Rehabilitation and Enforcement Fund shall be calculated [for each municipality] as follows:

     (a)   The [increase in drunk driving arrests in the municipality between the base year and] total amount of funding received by the municipality from the Alcohol Education, Rehabilitation and Enforcement Fund in the preceding year [over the total of increases in drunk driving arrests between the base year and the preceding year in all reporting municipalities in the State.

     This fraction] shall be multiplied by [the total amount of the money available in the "Municipal Court Administration Reimbursement Fund" in the preceding calendar year] 50%, and the resulting figure shall then be divided by the total number of drunk driving arrests in the municipality for the same calendar year to determine the unit dollar value for each arrest.

     (b)   The total amount of funding received by the municipality from the Alcohol Education, Rehabilitation and Enforcement Fund in the preceding year shall be multiplied by 50%, and the resulting figure shall then be divided by the average number of yearly drunk driving arrests in the municipality for the preceding five calendar years to determine a five-year unit dollar value for each arrest.

     (c)   The figure calculated pursuant to subparagraph (a) of this paragraph shall be added to the figure calculated pursuant to subparagraph (b) of this paragraph, and the resulting figure shall determine the total unit dollar value for each arrest.

     (d)   The amount to be allocated to each reporting municipality shall be the proportion of its total unit dollar value to the total amount of funds available for allocation from the "Municipal Court Administration Reimbursement Fund."

     (4)   This amount shall be allocated to the municipality for the purpose of maintaining its municipal court, which may include payments to municipal court judges, municipal prosecutors and other municipal court personnel for work performed in addition to regular employment hours.

(cf: P.L.1990, c.41, s.7)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill revises the distribution of monies from the Alcohol Education, Rehabilitation and Enforcement Fund (AEREF) to municipalities for the purpose of maintaining their municipal courts.

     The bill provides specifically as follows:

·   Beginning January 15, 2017, and each year thereafter, each municipality in the State is to report to the Administrative Office of the Courts (AOC) the number of drunk driving arrests made in its municipality during the preceding calendar year.

·   The AOC is to certify the number of arrests reported for the preceding calendar year by each municipality.

·   Beginning for calendar year 2016, the amount of funding to be allocated to each reporting municipality from the AEREF is to be calculated as follows:

     -- The total amount of funding received by the municipality from the AEREF in the preceding year is to be multiplied by 50%, and the resulting figure will then be divided by the total number of drunk driving arrests in the municipality for the same calendar year to determine the unit dollar value for each arrest.

     -- The total amount of funding received by the municipality from the AEREF in the preceding year is to be multiplied by 50%, and the resulting figure will then be divided by the average number of yearly drunk driving arrests in the municipality for the preceding five calendar years to determine a five-year unit dollar value for each arrest.

     -- The two figures calculated above are to be added together, and the resulting figure will determine the total unit dollar value for each arrest.

     -- The amount to be allocated to each reporting municipality will be the proportion of its total unit dollar value to the total amount of funds available for allocation from the "Municipal Court Administration Reimbursement Fund."

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