LEGISLATIVE FISCAL ESTIMATE

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 2742

STATE OF NEW JERSEY

220th LEGISLATURE

 

DATED: JULY 5, 2022

 

 

SUMMARY

 

Synopsis:

Concerns licensing of law enforcement officers; appropriates $6 million.

Type of Impact:

Annual State and local expenditure increases.  State revenue increase.

 

Agencies Affected:

Department of Law and Public Safety; The Judiciary; Law Enforcement Statewide.

 

 

Office of Legislative Services Estimate

Fiscal Impact

FY 2023 

FY 2024 and Thereafter

 

State Cost Increase

Up to $6 Million

Indeterminate

 

State Revenue Increase

None

Indeterminate

 

Local Expenditure Increase

None

Indeterminate

 

 

 

 

·         The Office of Legislative Service (OLS) determines this bill will lead to indeterminate salary and non-salary expenditures for the Police Training Commission (PTC) to establish a Statewide licensure process for certain law enforcement officers. The bill provides an initial appropriation of $6 million, and there will be on-going annual salary and non-salary costs to the PTC and costs associated with appeals in the Superior Court in future years.

 

·         The bill requires the PTC to prescribe minimum standards for the licensure for law enforcement officers; establish a licensure application process for law enforcement officers; establish and implement procedures and criteria for license renewal, suspension, revocation, or denial; and perform, through a licensing committee, certain activities related to law enforcement officer licensing.

 

·         The bill establishes that the license would be valid for three years.

 

·         The OLS estimates there would be an indeterminate State revenue increase from the bill’s provision requiring the PTC to establish or prescribe fees for training or other services provided by the commission; however, current law enforcement officers are excluded from fees when obtaining a license.

 

 

BILL DESCRIPTION

 

      The bill requires the licensing of law enforcement officers and appropriates $6 million.

      Under the bill, the PTC prescribes minimum standards for the licensure for law enforcement officers; establishes a licensure application process for law enforcement officers; establishes and implements procedures and criteria for license renewal, suspension, revocation, or denial; and perform, through a licensing committee, certain activities related to law enforcement officer licensing. The license would be valid for three years.

      Under the bill, the PTC has the authority to suspend, revoke, place conditions upon, or deny a law enforcement officer license or place conditions on the renewal of a license under certain circumstances. Under the bill, decisions of the PTC are final agency decisions subject to appeal in the Superior Court.

      The bill provides that the PTC may establish or prescribe fees for training or other services provided by the commission. However, current law enforcement officers are not to be charged application or licensing fees when applying for a license.

      Finally, the bill appropriates $6 million in the first year to the Department of Law and Public Safety to carry out the bill’s purposes.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      According to information provided by a representative with the Department of Law and Public Safety (DLPS), the DLPS projected the need for a State appropriation of $5.935 million in FY 2023, $6.2 million in FY 2024, $6.3 million in FY 2025, and $6.6 million in FY 2026. In FY 2024 the DLPS estimates that anticipated revenue including an annual State appropriation would offset the increased expenditures.

      According to the DLPS, the $6 million appropriation in the first year would expand the number of PTC employees to 46, a growth of 36 employees, including two part time hearing officers, two Division of Law attorneys, as well as fund employee benefits, and non-salary needs such as equipment, vehicles, and other supplies. In FY 2023, the DLPS anticipates zero licensing fees being collected due to the time needed to enact and implement the requirements of the bill during the first year. Beginning in FY 2024, the department estimates revenues may collected from certain academy recruits and academy certification fees, which when added to the State appropriation would total $6.270 million.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS determines this bill will lead to indeterminate salary and non-salary expenditures for the PTC to establish a Statewide licensure process for certain law enforcement officers. The bill provides an initial appropriation of $6 million, and there will be on-going annual salary and non-salary costs to the PTC and costs associated with appeals in the Superior Court in future years.

      Expenditures - The PTC, currently budgeted for under the Division of Criminal Justice in the DLPS, is responsible for the education curriculum of law enforcement officers Statewide. Under this bill, the OLS estimates the PTC’s workload will increase as the responsible agency to establish a Statewide licensure system for over 30,600 law enforcement officers, through which the PTC will promulgate and apply uniform standards of professional conduct by law enforcement  officers, establish minimum standards for licensure, review and take action on initial and renewal applications of applicants and law enforcement officers and applicants who meet those standards, and deny, revoke, or suspend licenses due to failure to meet or maintain those standards.

      Information provided by the DLPS, estimates the implementation of this bill to approximately $6 million annually for salary and non-salary expenditures for PTC to establish a Statewide licensure process for certain law enforcement officers. The DLPS indicated the PTC would expand the number of PTC employees to 46, a growth of 36 employees.  The OLS concurs with a portion of the DLPS estimate as the bill will expand the duties of the PTC; however, concludes that the DLPS estimate includes existing State employees. According to information provided by the DLPS, the PTC has 10 funded employees currently, with another four positions supporting the PTC funded through the Division of Criminal Justice. An additional 11 employees are pending and in the process of being hired, prior to the enactment of this bill. The OLS estimates that the initial cost to fund the provisions of the bill should exclude the 25 current and pending employees should not include the DLPS estimate.

      The provisions in the bill indicate that the PTC will be responsible for appeals; however, decisions of the PTC are final agency decisions are subject to appeal in the Superior Court.

 

      State Revenue – The OLS estimates that based on the bill’s provisions, the PTC will establish or prescribe fees for training or other services provided by the commission; however, current law enforcement officers are excluded from any licensing fees.

      According to the DLPS, in FY 2023, the department anticipates zero licensing fees being collected due to the time needed to enact and implement the requirements of the bill during the first year. Beginning in FY 2024, the department estimates fees may be considered, which when added to an annual State appropriation would offset the PTC’s expenditures estimated between $6 to $7 million annually.

 

Police Training Commission Background

      The PTC, under the authority of the Police Training Act, is responsible for the development and certification of basic training courses for county and local police, sheriffs' officers, State and county investigators, State and county corrections officers, juvenile detention officers, and a number of other law enforcement positions, as well as several instructor development courses.

      According to New Jersey Administrative Code, law enforcement agencies (State, county, municipal, or a combination), institutions of higher learning, or government agencies (State, county, or municipal) are eligible to apply to the PTC for certification to operate a school.

      According to the PTC website, the following is a list of the sixteen established academies in New Jersey:

·         Atlantic County Police Training Center

·         Bergen County Law and Public Safety Institute Police, Fire, and EMS Academies

·         Camden County College Police Academy

·         Cape May County Police Academy

·         Division of Criminal Justice Training Academy

·         Essex County College Public Safety Academy

·         Gloucester County Police Academy

·         Hudson County Public Safety Training Center

·         Juvenile Justice Commission Training Academy

·         Mercer County Police Academy

·         Monmouth County Police Academy

·         Morris County Public Safety Training Academy

·         New Jersey Department of Corrections Training Academy

·         Ocean County Police Academy

·         Passaic County Police Academy

·         John H. Stamler Police Academy (Union County)

 

 

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Lead Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).