Five Wagner Sponsored Bills Advanced Through Senate, Assembly

This week District 38 Assemblywoman Connie Wagner watched as five pieces of legislation that she co-sponsors be approved by the Assembly and two of which will now head to Gov. Chris Christie's desk for final approval.

Heading to the Governor's desk are A-4267 and A-3876 after both bills received unanimous approval by the Assembly and Senate.

The first measure (A-4267) is meant to bring towns and homeowners besieged by record flooding one step closer to a long-term solution by allowing municipalities to establish municipal open space trust funds specifically for the purchase of flood-prone properties.

"With record weather events increasing, what might have been a viable property years ago, isn't necessarily the case now due to development, infrastructure and changing weather patterns," said Wagner (D-Bergen). "It's time to look at the bigger picture and figure out how we can address this problem moving forward."

Under current law, municipalities are authorized to establish "Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Funds." This bill would amend the name of these municipal open space trust funds to be "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds."

In doing so, the bill would expand this authorization to specifically include "Blue Acres projects," which are any projects acquired for recreation or conservation purposes on land that has been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage. The funds would be allowed to be used for the demolition of structures or the removal of debris from such properties and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes. 

The second bill (A-3876) would exempt police officers who were laid-off for economic or efficiency reasons from retaking the basic police training course, if they are rehired by their former agency or find a job with a new agency within five years from the date their employment was terminated. Under the current Police Training Commission policy, a police officer who has a break in service of more than three years is required to retake the basic training course.

"This bill would make the job hunting process easier for these police officers," said Wagner. "Given the current economic times, our police officers should not have to worry about taking a course they have already gone through, in addition to finding a job."

Moving forward for a vote in the Senate are A-1633 which would authorize the courts to issue orders protecting animals in situations where a person abuses or threatens to abuse an animal as part of a domestic dispute and A-4297 also known as Caylee's Law which would criminalize the failure to report the disappearance of a child within 24 hours, and upgrade the failure to report a death in New Jersey to a fourth degree crime.

"We've heard so many stories of pets being abused or even killed as retaliation against a partner when a relationship goes sour," said Wagner. "Often times it's done without thinking as an attempt to hurt the other partner, but whether it's intentional or not, animals should not have to suffer. This is a humane measure designed to protect innocent pets from being the victim of a domestic dispute."

Under A-1633, the courts may issue an order prohibiting a defendant charged with a crime or offense involving domestic violence, who is released from custody before trial on bail or personal recognizance, from having any contact with any animal owned, possessed, leased, kept or held by either party, or a minor child residing in the household.

The bill also allows the court to mandate who will have possession of the animal, and that the animal not be disposed of before the final disposition of the crime or offense. In addition, the court can also issue an order directing who should have possession of the animal, and mandating that the animal not be disposed of before a final restraining order is issued. Lastly, the bill would amend the statute governing final restraining orders to direct who should have possession of the animal. There would be a presumption that the animal would be awarded to the non-abusive party. Currently, animals are not directly addressed by domestic violence law in New Jersey.

Named in honor of Caylee Anthony, the two-year-old girl from Orlando, Florida, who was missing for 31 days before her grandmother reported her missing, Caylee's Law amend current law (N.J.S.A. 52:17B-89) by making it a fourth degree crime to fail to report a death by criminal violence, accident, suicide or any suspicious manner to the county medical examiner, the State Medical Examiner, or the municipal police department where the death occurred; or willfully touch, remove or disturb a body or the clothing on the body.

Under current law, failing to report a death is a disorderly person offense, and there is no set time frame for reporting a child missing. A disorderly person's offense is punishable by up to six months in prison, a fine of up to $1,000, or both. Fourth degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both.

"The sooner police are notified about a child who is missing, the greater the chance the child will be found safe," said Wagner (D-Bergen). "There have been too many cases of children who have disappeared never to be seen again. Sadly, it is too late for little Caylee, but if her tragic death can help save the lives of other children who have gone missing, at least it will not be in vain."

Under the statutes governing the State Police Missing Persons Unit, a missing child is defined as "a person 13 years of age or younger whose whereabouts are not currently known."

Lastly, A-3261-3782 was released by the Assembly Environment and Solid Waste Committee and will next go to the full Assembly for a vote. Known as the "Safe Playing Fields Act" the bill would prohibit the use of pesticide on the grounds of any child care center, including a playground or recreational field in the center and the use of pesticides on the grounds of any school, including a playground or recreational field located in the school, which enrolls students in kindergarten or in any grade between first and eight grade, and playgrounds.

"We all can appreciate a well-kept lawn, but not at the risk of exposing children to harmful pesticides. Parents have enough things to worry about; sending their children to school should not be one of them," said Wagner. "Aside from home, school is where children spend most of their time. This bill would ensure their health is not compromised while in school."

This bill does not apply to playgrounds on the grounds of a community association. Any pesticide labeled, designed, or intended for use on lawns, gardens, turf or ornamental plantings would be prohibited under this bill. The bill excludes low impact pesticides.

In addition, the bill would direct the Commissioner of Environmental Protection, in consultation with the Commissioner of Health and Senior Services, to adopt rules and regulations concerning pesticide application, record keeping, and staff and parental notification procedures at child care centers with the goal of mitigating potential health risks to young children.

The bill would take effect a year after the date the bill is signed into law.