Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Authorizes NJT to impose civil fines for certain violations of code of conduct.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the powers of the New Jersey Transit Corporation and amending P.L.1979, c.150 and P.L.1997, c.357.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1979, c.150 (C.27:25-5) is amended to read as follows:
5. In addition to the powers and duties conferred upon it elsewhere in this act, the corporation may do all acts necessary and reasonably incident to carrying out the objectives of this act, including but not in limitation thereof the following:
a. Sue and be sued;
b. Have an official seal and alter the same at pleasure;
c. Make and alter bylaws for its organization and internal management and for the conduct of its affairs and business;
d. Maintain an office at such place or places within the State as it may determine;
e. Adopt, amend and repeal such rules and regulations as it may deem necessary to effectuate the purposes of this act, which shall have the force and effect of law; it shall publish the same and file them in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) with the Director of the Office of Administrative Law;
f. Call to its assistance and avail itself of the service of such employees of any federal, State, county or municipal department or agency as it may require and as may be available to it for said purpose;
g. Apply for, accept and expend money from any federal, State, county or municipal agency or instrumentality and from any private source as gifts, grants, or loans; comply with federal statutes, rules and regulations, and qualify for and receive all forms of financial assistance available under federal law to assure the continuance of, or for the support or improvement of public transportation and as may be necessary for that purpose to enter into agreements, including federally required labor protective agreements;
h. Plan, design, construct,
equip, operate, improve, maintain, and, through the New Jersey Transportation
Trust Fund Authority, finance either directly or by contract with any public or
private entity, public transportation services, capital equipment and
facilities or any parts or functions thereof, and other transportation
projects, or any parts or functions thereof, which may be funded under section
3 of the federal Urban Mass Transportation Act of 1964, Pub.L.88-365 (49 U.S.C.
s.1602), or any successor or additional federal act having substantially the
same or similar
purposes or functions; the operation of the facilities of the corporation, by the corporation or any public or private entity, may include appropriate and reasonable limitations on competition in order that maximum service may be provided most efficiently to the public;
i. Apply for and accept, from appropriate regulatory bodies, authority to operate public transportation services where necessary;
j. Purchase, lease as lessee, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, from any public or private entity, wherever situated;
k. Lease as lessor, sell or otherwise dispose of on terms which the corporation may prescribe, real and personal property, including tangible or intangible property and consumable goods, or any interest therein, to any public or private entity, in the exercise of its powers and the performance of its duties under this act. In order to provide or encourage adequate and efficient public transportation service, the corporation may lease or otherwise permit the use or occupancy of property without cost or at a nominal rental;
l. Restrict the rights of persons to enter upon or construct any works in or upon any property owned or leased by the corporation, except under such terms as the corporation may prescribe; suspend the rights of persons to access any facility, property or equipment owned, leased or maintained by the corporation for a definite period of time in a manner and process established by the corporation for persons who, by their conduct, jeopardize the safety or well-being of the Corporation s operational employees or the riding public; perform or contract for the performance of all acts necessary for the management, maintenance and repair of real or personal property leased or otherwise used or occupied pursuant to this act; establish a code of conduct regulating the conduct and safety of the public in and upon the corporation s equipment and facilities, the violation of which shall constitute a civil offense punishable by fines established by the corporation by regulation, with enforcement of such fines to be pursuant to the terms of section 11 of P.L.1997, c.357 (C.27:25-5.16), provided that nothing herein shall be construed to limit the authority of the New Jersey Transit Police Department or any other law enforcement entity to enforce the criminal laws of the State of New Jersey, including in and upon the corporation s equipment and facilities, where a violation of the corporation s code of conduct also constitutes a violation of the New Jersey Code of Criminal Justice;
m. Establish one or more operating divisions as deemed necessary;
n. Set and collect fares and determine levels of service for service provided by the corporation either directly or by contract including, but not limited to, such reduced fare programs as deemed appropriate by the corporation; revenues derived from such service may be collected by the corporation and shall be available to the corporation for use in furtherance of any of the purposes of this act;
o. Set and collect rentals, fees, charges or other payments from the lease, use, occupancy or disposition of properties owned or leased by the corporation; such revenues shall be available to the corporation for use in furtherance of any of the purposes of this act;
p. Deposit corporate revenues in interest bearing accounts or in the State of New Jersey Cash Management Fund established pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4);
q. Delegate to subordinate officers of the corporation such powers and duties as the corporation shall deem necessary and proper to carry out the purposes of this act;
r. (1) Procure and enter into contracts for any type of insurance and indemnify against loss or damage to property from any cause, including loss of use and occ