An Act concerning the installation of gunfire locators and revising various provisions of the statutory law.

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

1. Section 2 of P.L.2007, c.191 (C.40:9D-2) is amended to read

as follows:

2. a. Consistent with federal law, the governing body of a local unit, through the establishment of a related competitive business segment, is authorized to:

(1) construct, own, or operate broadband telecommunications infrastructure to provide broadband telecommunications service via a wireless community network; or

(2) provide broadband telecommunications service via a wireless community network.

b. Consistent with federal law, the governing body of a local unit may enter into a contract with a private entity to provide broadband telecommunications service via a wireless community network or to construct, own, use, acquire, deliver, grant, operate, maintain, sell, purchase, lease, or equip broadband telecommunications infrastructure used for the purpose of providing broadband telecommunications service via a wireless community network.

By written contract or lease, such governing body may sell capacity in, or grant other similar rights for a private entity to use, broadband telecommunications infrastructure owned or operated by the local unit that provides broadband telecommunications service via a wireless community network.

c. [The] Except as provided in R.S.48:3-18, the governing body of a local unit, exercising powers under subsections a. and b. of this section, may enter into a written agreement with any person owning or having the right to use any poles, street lights, posts, towers, or other structures erected along any public right-of-way within the boundaries of such local unit for the use of those structures by that local unit, upon such terms and conditions as may be agreed upon by such local unit and such person. To the extent that State, county, or municipal approval, or the approval of another public entity or any private entity is required for the placement of broadband telecommunications infrastructure used for the purpose of providing broadband telecommunications service via a wireless community network along a public right-of-way, such approval shall not unreasonably be withheld. The provisions of this section shall not affect the terms and conditions by which the State may give consent, grant, or franchise to a person for use of the right-of-way along any State highway, or the terms and conditions by which a public body may give consent, grant, or franchise to a person for use of the right-of-way within the boundaries of the geographical area over which such public body has jurisdiction.

d. The provision of broadband telecommunications service via a wireless community network pursuant to this section and any broadband telecommunications infrastructure used for such purpose shall not be deemed to be a public utility or to constitute operating any form of public utility service pursuant to Title 48 of the Revised Statutes to the extent that the local unit is engaged in the provision of broadband telecommunications service via a wireless community network.

e. The governing body of a municipality within a county of the first class, where the county exercises powers under subsections a. and b. of this section, may provide that the municipality not participate in the provision of broadband telecommunications service via a wireless community network established under this section by that county.

(cf: P.L.2007, c.191, s.2)

2. R.S.48:3-18 is amended to read as follows:

48:3-18. [Any] Except as provided in this section, any person [municipal or otherwise], municipality, subdivision of a municipality, or public utility may enter into a written agreement with any other such [person] entity owning or using any [poles] utility pole erected under municipal consent in any street, highway, or other public place for the use by the former [person] entity of the [poles] utility pole upon such terms and conditions as may be agreed upon by the [persons] parties.

No person, municipality, subdivision of a municipality, or other entity shall install, affix, or secure to a utility pole a gunfire locator system, or other recording system that uses acoustical sensors or microphones, global positioning systems or geospatial locating technology, infrared or optical technology, or other technology to determine the location of gunfire.

(cf: P.L.1962, c.198, s.41)

3. R.S.48:3-20 is amended to read as follows:

48:3-20. [Such] Except as provided in R.S.48:3-18, joint use of poles shall not lessen or impair the powers, rights, privileges, and franchises of either corporation. Each corporation shall have the same powers, rights, privileges, and franchises in respect to poles jointly used as each corporation has in respect to poles and wires under the laws of this state.

(cf: R.S.48:3-20)

4. This act shall take effect immediately.

STATEMENT

This bill prohibits the installation of gunfire locators on utility poles.

In high-crime neighborhoods across the country, there is a growing demand for innovative law enforcement techniques. Gunfire locator systems have provided law enforcement with a new tool in combating gun-related crimes. Gunfire locator systems, often placed on utility poles, use acoustical sensors and global positioning systems to locate gunfire immediately after it is fired and report the incident location to police. These systems can pinpoint gunfire within 40 feet and aid police in apprehending criminals.

The use of gunfire locator systems may, however, create the risk of utility pole workers being mistaken for law enforcement. This bill will prohibit the installation of gunfire locators on utility poles and reduce the risk that utility pole workers will be harmed by criminals who may mistake them for law enforcement.