The following items are taken from reports issued by legislators and other items of political concern.
ATV law
Bipartisan legislation sponsored by Assembly Deputy Republican Leader John Amodeo that removes the restriction of county, municipality and fire district employees or emergency service responders who are on official duty from operating all-terrain vehicles on public roads has been signed into law by Gov. Christie.
The American National Standards Institute defines an ATV as a vehicle that travels on low-pressure tires and is designed to handle a wider variety of terrain than most other vehicles. Under current law, the all terrain vehicles exemption only applies to state employees. Assemblyman Amodeo’s bill, A4191, expands the exemption.
”In communities where streets are narrow, traffic is congested or access to certain areas is limited, the use of ATVs by responders will improve reaction time and allow them to prevent or treat injuries,” said Assemblyman Amodeo, R-Atlantic. “Some towns have bottlenecks that can delay emergency responders from answering a distress call as quickly as possible.
”Many shore communities often use all terrain vehicles on their boardwalks and beaches, which can’t be used on public roads even in emergency situations because of the current restrictions,” Assemblyman Amodeo said. “Allowing responders the use of ATVs will afford them the flexibility to safely navigate arteries that are jammed with traffic, improve their response time and save lives. I appreciate the governor’s support for this common-sense legislation.”
Highway services
Legislation (A3461) sponsored by Assembly Democrats Celeste M. Riley, John J. Burzichelli and Craig J. Coughlin to allow private entities to sponsor the operational activities of certain state transportation agencies as well as highway-related services to help alleviate the burden on taxpayers has been signed into law.
”This new law authorizes a simple move that would potentially offer a great benefit to taxpayers,” said Assemblywoman Riley, D-Cumberland, Gloucester, Salem. “Covering the cost for upkeep of state highway rest areas and other services may be minimal in ways, but it is money that can add up over time. In this economy, every little bit we save would make a big difference in the long run.”
”Thousands of people travel our state highways each year,” said Assemblyman Burzichelli, D-Cumberland, Gloucester, Salem. “Extending the opportunity for sponsorship would be an asset to any corporation’s marketing platform. And it also alleviates costs to our taxpayers, which is a win in this economy.”
”Offering sponsorship is an opportunity that would help business and industry in the state as well as relieve a burden on taxpayers,” said Assemblyman Coughlin, D- Middlesex. “In these economic times, we should look for more ways such as this one to reduce costs where ever we can.”
The new law would create sponsorship programs in the Department of Transportation, New Jersey Turnpike Authority and South Jersey Transportation Authority to allow a person or entity to sponsor the appropriate agency’s operational activities by providing the services, products or monetary contributions in exchange for an acknowledgement sign.
An acknowledgement sign is defined as a sign intended to inform the traveling public a highway-related service, product or monetary contribution has been sponsored by a person, firm or entity and meets all design and placement guidelines for acknowledgement signs as established pursuant to the provisions of the “Manual on Uniform Traffic Control Devices for Streets and Highways” and all sign design principles provided in the federal “Standard Highway Signs and Markings Book.”
Under the new law, each agency would be required to adopt a policy on sponsorship agreements that is consistent with pertinent federal laws, rules, regulations and orders, in particular, the Federal Highway Administration’s March 2012 order, “Policy on Sponsorship Acknowledgment and Agreements within the Public Right of Way.”
The policy adopted by each agency would have to:
• Require the termination of a sponsorship agreement if the sponsorship agreement or acknowledgement sign present a safety concern, interferes with the free and safe flow of traffic or is not in the public interest.
• Describe the sponsors and sponsorship agreements that are acceptable and consistent with applicable state and federal laws.
• Require any monetary contribution received through the program be used solely for highway purposes.
• Include a requirement the private sponsor comply with the state’s Law Against Discrimination.
• Be approved by the FHWA’s New Jersey division office.
In addition, the new law provides that a sponsorship agreement for any portion of the interstate highway system is subject to approval by the FHWA, and advertising signs are not permitted as part of the programs. Advertising signs are signs that are intended to promote commercial products or services through the use of slogans and information on where to obtain the products or services.
Fire equipment
Legislation sponsored by Assembly Democrats Craig J. Coughlin, D-Middlesex, Jerry Green, D-Middlesex, Somerset, Union, and Annette Quijano, D-Union, to allow local units to enter into joint agreements to purchase fire equipment has been signed into law.
”Budgetary constraints have forced many municipalities to do more with less, but fire equipment is not something you ever want to cut back on,” Assemblyman Coughlin said. “This law will help equip fire departments with the necessary equipment to respond to emergencies and keep the community safe while easing the financial burden on taxpayers. It’s a win-win.”
”Shared services is one way for struggling municipalities to reduce costs without sacrificing services and saddling taxpayers already feeling the pinch,” Assemblyman Green said. “This provides local units the chance to purchase essential fire equipment at lower costs through joint purchasing agreements. We should take advantage of every opportunity that allows us to provide a vital service and save money.”
”Firefighting is a noble, but dangerous profession,” Assemblywoman Quijano said. “It is our responsibility to ensure that our firefighters have the adequate equipment so they can perform their jobs well and with no added risk. By allowing joint purchasing of fire equipment, we ensure that fire departments have the needed equipment to perform their jobs while lightening the financial load for taxpayers.”
The law (A3263) will allow local units to enter into joint agreements to purchase fire equipment. Fire equipment, including critical and specialized items such as firetrucks, is among the more expensive items local units purchase. By clarifying that local units have the authority to enter into joint agreements to purchase such equipment, this law will offer local units greater flexibility to lower costs and ease budgetary pressures.
College fund
Assembly Higher Education Chairwoman Celeste Riley, D-Gloucester, Salem, Cumberland, has released the following statement on the signing of legislation she sponsored (A4202) to appropriate $715.7 million in voter-approved funding from the Building Our Future Bond Act for public and private institutions of higher education:
”This will not only help our institutions of higher learning attract and retain students and, in turn, industries looking for a capable workforce, but it will create jobs as improvement projects get under way. It’s an all-around win.
”New Jersey struggles to keep college-bound students in the state despite boasting plenty of accomplished colleges and universities. Thanks to the voters and this law, we are on our way to changing that. By strengthening our institutions of higher learning, we strengthen New Jersey.
”The best investment we can make to stay ahead of the competition is in education. College is an investment that not many young people can afford to make. With this voter-approved funding, our colleges will be able to make needed infrastructure improvements that will keep them competitive without adding to soaring tuition costs.”
Weapons offenses
Two bills sponsored by Sen. Shirley K. Turner, D-Mercer, Hunterdon, that target urban gun violence by setting tougher penalties for certain weapons offenses have been signed into law.
”In recent decades, we have witnessed an influx of gun violence on our streets, resulting in countless of unnecessary deaths,” Sen. Turner said. “The majority of homicides in urban areas are gang- and drug-related, and any gang member who participates in these crimes should face stricter penalties under the law. Through this legislation, we can crack down on repeat offenders without posing an inconvenience to law-abiding gun owners.”
First introduced in 2005, the first law, S1279/A4179, upgrades the penalty for unlawfully selling, giving or transferring a firearm to a person under 18 years of age. The legislation increases the penalty to a second-degree crime, which is punishable by five to 10 years in prison and up to a $150,000 fine.
Currently in New Jersey, the unlawful transfer of a firearm to an underage person is guilty of a crime of the third degree. Under the law, an underage person possessing a handgun for the purpose of competition, target practice, instruction or training would be exempt from provisions of the legislation.
”These bills were written in response to the gang crime and violence that is terrorizing our communities,” Sen. Turner said. “It’s clear that any plan to reduce gun violence in our cities must first take on the most egregious crimes and target seasoned criminals. Increasing penalties for those who terrorize our communities with illegal guns is a commonsense solution that will keep our streets safe and protect the well-being of all New Jersey residents.”
The second law, S2804/A4152, also sponsored by Senate President Steve Sweeney, ensures that those convicted of unlawful possession of a gun will serve mandatory prison terms to keep them off the streets.
The legislation amends the Graves Act to increase the mandatory minimum from one-third of the sentence to one-half of the sentence or three and a half years — whichever is greater.
This law mirrors a similar measure introduced by Sen. Turner in 2009, which was inspired by the tragic death of Tamrah Leonard, of Trenton, who was shot and killed at a neighborhood block party.
The Graves Act provides that a person convicted of unlawful possession of a firearms be subject to a mandatory minimum period of parole ineligibility. Under current law, the minimum term of imprisonment with parole ineligibility is three years.
In accordance with other bills in the 2013 Senate gun control package, the legislation would exempt any possessory crime involving a BB gun, air gun or spring gun from mandatory minimum sentencing under the Graves Act.
”Criminals convicted of serious gun crimes should not receive a simple slap on the wrist and be released back onto the streets to commit additional crimes,” Sen. Sweeney said. “With longer mandatory prison terms for gun offenses, we can make it clear that New Jersey takes these crimes seriously and, hopefully, deter criminals from carrying and using firearms.”
The Senate unanimously approved both bills in May. They cleared the General Assembly in June.
S1279 takes effect two months following the date of enactment. S2804 goes into effect immediately.
Distilleries
Legislation to modernize New Jersey’s liquor laws by creating a craft distillery license, which will allow small-scale producers who currently are priced out of the industry by the state’s high liquor license fees to do business in the state, has been signed into law.
Sponsored by senators Donald Norcross, Shirley K. Turner and Jim Whelan, the law seeks to expand micro-distilleries in New Jersey as tourist destinations as well as job creators.
”By updating our state’s Prohibition-era distillery laws, we’re creating a modern place for a time-honored New Jersey tradition,” said Sen. Norcross, D-Camden/Gloucester. “The will was there, we just needed to give potential small businesses owners that leg up to make it feasible. The compounding benefits of this new law will be felt by residents with distillers buying and producing locally.”
A number of distillers have expressed interest in expanding or opening a distilling operation, including Yoakum’s Cooper River distillers in Camden, the former Princeton Township mayor and Alba Vineyard and Winery in Milford, which is interested in producing spirits with fruit grown on the farm, according to published reports.
However, they have been prevented from doing so due to the cost of doing business under current laws. A plenary distillery license costs $12,500 per year in New Jersey and has no production limits.
The senators’ legislation (SCS for S2286/S463) creates a new craft distillery license that will permit the licensee to manufacture up to 20,000 gallons of distilled alcoholic beverages (hard liquor). The fee for this license will be $938.
The law also permits a license holder who certifies that at least 51 percent of the raw materials used in production of distilled alcoholic beverages are grown or purchased from providers in New Jersey to label these beverages as “New Jersey Distilled.”