S2593

An Act concerning fines imposed for violations of traffic control signal monitoring systems and amending P.L.2003, c.131 and P.L.2009, c.52.

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

1. Section 5 of P.L.2003, c.131 (C.39:3-20.4) is amended to read as follows:

5. There is established in the General Fund a separate, nonlapsing, dedicated account to be known as the "Highway Safety Fund." All fines, penalties, and forfeitures imposed and collected as a result of: the enforcement of section 4 of P.L.2003, c.131 (C.39:3-20.3) and section 4 of P.L.2007, c.348 (C.39:4-8.15); 50 percent of all fines and penalties imposed and collected in enforcement of section 5 of P.L.1983, c.401 (C.39:5B-29)[,] ; and the increase from the doubling of fines imposed and collected pursuant to section 1 of P.L.1993, c.332 (C.39:4-203.5) in designated safe corridor areas shall be forwarded to the State Treasurer for deposit into the Highway Safety Fund account. The fund shall be administered by the Department of Transportation , which shall establish a grant program to fund local law enforcement agencies for special enforcement efforts associated with [this act] P.L.2003, c.131 (C.39:3-20.3 et al.). The department shall annually, in conjunction with the Division of State Police, submit a report on the results of the safe corridor areas and a list of highway safety projects and programs paid for by the fund within the past year to the Senate Transportation Committee and the Assembly Transportation , Public Works and Independent Authorities Committee, or their successor committees, the President and minority leader of the Senate, and the Speaker and the minority leader of the General Assembly. The moneys in the account shall be used exclusively for highway safety projects and programs, including education, enforcement, capital improvements, and [such] other related measures and undertakings as the Department of Transportation and the Division of State Police may deem appropriate to foster highway safety.

(cf: P.L.2003, c.131, s.5)

2. Section 4 of P.L.2009, c.52 (C.39:4-8.20) is amended to read as follows:

4. a. Notwithstanding the provisions of R.S.39:5-41, in the case of a violation of R.S.39:4-81, the evidence of which was captured by a traffic control signal monitoring system installed
pursuant to section 3 of P.L.2007, c.348 (C.39:4-8.14), the full amount of a fine assessed by a municipal court shall be paid to the financial officer of the municipality in which the offense occurred [, unless the governing body of the county has elected to pay one-half of the cost of the installation, maintenance, and administration of the traffic control signal monitoring system, in which case, one-half of the fine amount shall be distributed to the financial officer of the county where the offense occurred. Any change in this distribution of revenue shall be applicable only to fines attributable to complaints filed with the municipal court after the date on which applicable notice under subsection b. of this section shall have been received by the Administrative Office of the Courts] who shall forward the full amount of the fine to the State Treasurer. The State Treasurer shall annually deposit those moneys in the “Highway Safety Fund” established pursuant to section 5 of P.L.2003, c.131 (C.39:3-20.4) to fund highway safety projects and programs, including education, enforcement, capital improvements, and other related measures and undertakings the Department of Transportation and the Division of State Police deem appropriate to foster highway safety.

b. A municipality that has installed a traffic control signal monitoring system shall notify the Administrative Office of the Courts when the governing body of a county has agreed to participate in a traffic control signal monitoring system program within its jurisdiction. Such notice shall be applicable to any violation of R.S.39:4-81, evidence of which shall have been captured by a traffic control signal monitoring system within the municipality's jurisdiction.

(cf: P.L.2009, c.52, s.4)

3. This act shall take effect immediately.

STATEMENT

This bill specifies that all fines imposed by a municipality for violations of its traffic control signal monitoring systems (red light cameras) are to be deposited into the Highway Safety Fund. Under current law, the fines imposed for violations of red light cameras are paid to the financial officer of the municipality in which the offense occurred, or split with the county in which the offense occurred, if the county assumed responsibility for half of the cost of installing, maintaining, and administrating the cameras.

The Highway Traffic Safety Fund is used exclusively for highway safety projects and programs, including education, enforcement, capital improvements, and other related measures and undertakings deemed appropriate by the Department of Transportation and the State Police to foster highway safety.