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Bill

Bill

S 4092

Relates to establishing a cost of living adjustment for members of the legislature

2025 Regular Session Introduced by Kevin Parker

Exempts trapping licensees from trap-check penalties during law enforcement investigations when ordered to vacate, effective immediately.

REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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Bill Summary · S 4092

Summary of New Jersey S 4092 (Introduced Feb. 3, 2025)

Note: The bill’s stated title about a cost-of-living adjustment for legislators appears inconsistent with the introduced text, which concerns trapping violations. The summary below reflects the introduced content as published.

Status and basic details

  • Bill Number: S 4092
  • Title (as introduced): Not aligned with the text; introduced content relates to trapping violations (see “Key provisions”).
  • Introduced: February 3, 2025
  • Primary Sponsor: Kevin S. Parker
  • Status: Referred to Investigations and Government Operations
  • Related legislation: A 5246 (companion)

Purpose and intent

The introduced bill seeks to provide a targeted exemption from certain trapping regulations during law enforcement investigations. Specifically, it would prevent enforcement action against trapping licensees who fail to check traps within the required time when:
- the trap is located in an area that is the subject of a law enforcement investigation, and
- the licensee has been instructed by a federal, state, or local law enforcement agent to vacate the area.

This aims to balance regulatory enforcement with safety and operational constraints during investigations.

Key provisions

1) Enforcement exemption during investigations
- The Department of Environmental Protection (DEP) or any other entity authorized to enforce the trapping provisions (chapter 4 of Title 23 of the Revised Statutes, or the State Fish and Game Code) shall not issue a violation for failure to check a trap within the legally mandated time if:
- the trap is in an area under law enforcement investigation, and
- the licensee has been told to vacate the area by a law enforcement agent.

2) Effective date
- The act would take effect immediately upon enactment.

3) Context with existing regulations
- The bill references current regulatory requirements in N.J.A.C. 7:25-5.12(i), which require:
- traps set or used for semi-aquatic species in tidal areas must be checked, tended, and maintained at least once per calendar day,
- all other trapping must be checked at least once every 24 hours.

Affected parties

  • Trapping licensees operating in New Jersey, especially those working in areas subject to law enforcement investigations.
  • The Department of Environmental Protection and other enforcement officers who administer trapping regulations.
  • Law enforcement agencies issuing vacate orders during investigations.

Procedural and timeline notes

  • Introduced on February 3, 2025 and referred to the Senate Investigations and Government Operations Committee.
  • Companion bills exist (e.g., A 5246); multiple related bills in prior sessions are listed, indicating ongoing interest in trapping regulations.

Potential fiscal and policy impacts

  • Fiscal: Productive impact would likely be administrative, avoiding penalties for licensees during investigations. The text does not specify funding changes or budget implications.
  • Policy: Creates a specific exemption to ensure licensees are not penalized when outside their control due to active investigations. Could raise questions about enforcement consistency and clearance processes after investigations conclude.

Practical considerations and questions

  • How will “area subject to a law enforcement investigation” be clearly defined and verified by enforcement officials?
  • Does the exemption apply to all trapping offenses or only certain categories of traps/species?
  • How will compliance be assessed after an investigation ends? Is there a retroactive or time-bound application?
  • How does this interact with existing safety and wildlife protection objectives during investigations?

Bottom line

S 4092 proposes a narrow, situational exemption from trap-check violations when a licensee is operating in, or near, a site under law enforcement investigation and has been ordered to vacate. It would take effect immediately and align with current trap-check requirements, while adding a practical protection for licensees during investigations. The bill is in the early legislative stage and subject to committee review and potential amendments.

Compiled from official sources — confirm details with the bill’s official record.

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