N.J. Admin. Code § 13:86-2.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:86-2.3 - Proposal; allowable expenditures; priority

(a) An entity that is awarded a grant shall allocate and expend all monies in the following manner:

1. The entity shall allocate and expend at least 50 percent of the funds for the overtime paid to law enforcement personnel assigned to conduct additional law enforcement patrols or DWI checkpoint programs to increase the enforcement of N.J.S.A. 39:4-50.

2. The entity may allocate and expend the remaining funds in accordance with the needs of its drunk driving enforcement program on any of the following items and may reallocate and expend the funds among the items as it determines is necessary during the course of the SFY in which the grant is received for such items:

i. Salaries for overtime court appearances of law enforcement officers required in connection with the prosecution of a violation of N.J.S.A. 39:4-50;

ii. Audio-visual equipment used to document and preserve evidence of enforcement of N.J.S.A. 39:4-50;

iii. Breathtesting instruments approved by the Attorney General pursuant to N.J.A.C. 13:51-3.1 et seq.;

iv. Blood test kits; and

v. Safety equipment such as cones, flares, lighting, or reflectorized clothing needed to conduct DWI checkpoints for enforcement of N.J.S.A. 39:4-50.

(b) Notwithstanding the requirements of (a) above, an entity may request in its application approval to allocate and expend more than 50 percent of grant monies on an item or items listed in (a)2 above. Requests shall be approved on a case by case basis in accordance with N.J.A.C. 13:86-2.4. The entity shall identify the item or items required and the anticipated amount of expenditures, and shall explain how the purchase of the items is necessary to maintain effective increased enforcement of N.J.S.A. 39:4-50. Any remaining monies shall be allocated and expended as required by (a)1 above.

(c) From the amount of monies allocated in (a)2 above, an entity may request in its application approval to allocate and expend monies on equipment or an activity not listed in (a)2 above. Requests shall be approved on a case-by-case basis in accordance with N.J.A.C. 13:86-2.4. The request shall describe the equipment or activity for which approval is sought, the amount of the expenditures for the equipment or activity, how the entity's needs with respect to the items in (a)2 above shall be met, and how the equipment or activity shall enhance the ability of the entity to increase the enforcement of N.J.S.A. 39:4-50.

(d) When grant monies remain unexpended at the close of the SFY, the entity shall carry forward the unexpended amount into the next SFY and shall expend at least 50 percent of the unexpended amount for the purposes set forth in (a)l above and the remainder for the purposes set forth in (a)2 above or shall expend the monies in accordance with such other allocation permitted by (b) or (c) above and approved by the Attorney General pursuant to N.J.A.C. 13:86-2.4.

N.J. Admin. Code § 13:86-2.3

Amended by R.2000 d.275, effective 7/3/2000.
See: 32 New Jersey Register 1498(a), 32 New Jersey Register 2455(a).
Rewrote section.
Amended by R.2005 d.384, effective 11/7/2005.
See: 37 New Jersey Register 2609(a), 37 New Jersey Register 4282(b).
Added new (b); recodified former (b) and (c) as (c) and (d) and rewrote the subsections.