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Legislators Introduce New Bill Mandating Heavy Oversight of Sonar Testing to Prevent Further Whale Deaths

June 1, 2023

InsiderNJ

Union Beach, N.J. – Assemblyman Gerry Scharfenberger and Assemblywoman Victoria Flynn (Monmouth – R’s) have introduced new legislation (A5566) which seeks to regulate the use of acoustic sonar surveying and subsequently pause current testing while a new permitting structure is developed by the New Jersey Department of Environmental Protection (NJDEP) which would offer greater protection of marine life off the Jersey Shore.

The bill by the 13th District Legislators comes as reports of another deceased humpback whale in the Raritan Bay have been confirmed, adding to the unprecedented and growing death toll of marine mammals along New Jersey’s coast since December of 2022:

“If a picture is worth a thousand words, then the photos and carcasses of marine mammals all along the Jersey Coastline would be enough to fill an encyclopedia,” said Assemblyman Gerry Scharfenberger. “We already have been calling for an immediate halt of sonar testing, but since that has fallen on deaf ears, we are moving to the next step and seeking to make NJDEP more accountable in the process that they’ve fumbled since the onset of this “green” initiative by the President and Governor.”

“It is unmistakably clear; the controversy surrounding these whale and dolphin deaths would have been avoided if the State had initially done its due diligence in researching the impact of sonar technology on marine mammals and not haphazardly ceding the future of New Jersey’s ecosystems to the whims of the federal government,” stated Assemblywoman Victoria Flynn. “Since the State and NJDEP have failed in their obligation to ensure our environment is protected, we are going back to the drawing board and strictly mandating their regulatory processes to implement a change of course. When our legislation is passed, it will offer peace of mind to residents who want to know that the beaches and oceans they love and rely on for tourism dollars are being safeguarded from unwarranted harm.”

Within the legislation, the New Jersey Department of Environmental Protection would need to create a new, in-depth permitting process and monitoring system before any sonar or seismic surveying is allowed to take place. Further, NJDEP would have the authority to immediately suspend a sonar testing permit if a marine mammal is found injured or deceased, and the cause of injury or death is potentially related to the use of sonar testing.

NJDEP would also be compelled to investigate the cause of any marine mammal injury or death and determine if the use of sonar testing by the permittee contributed.  Any sonar testing would remain suspended until an investigation is conducted, and conclusions published:

“The power should be restored to the NJDEP as well as return oversight to municipalities which was egregiously taken in 2021 while everyone was concerned with the COVID-19 pandemic,” Scharfenberger continued. “In a ‘Home-Rule’ state, where residents pay the highest property taxes in the nation, the right for municipalities to decide their own development destiny is paramount.  Local planning boards should be the arbiters of any permits having to do with development or infrastructure in a given municipality.”

“Listen, I am a proponent of exploring alternative and green energy sources, but not at the risk of our oceans and marine life. Every time a whale or dolphin is located deceased off our shorelines, we receive countless demands by concerned residents for legislative actions. This is not a partisan issue. This is an environmental issue that I think all who love our Jersey Shore can support,” commented Assemblywoman Victoria Flynn. “I think it is reasonable to temporarily pause acoustic sonar testing occurring off our shorelines for wind turbine projects until an independent investigation is undertaken to prove there is no direct or indirect correlation between testing and marine mammal deaths. I also think it is reasonable to give the State greater control over what occurs off our shorelines. The bills Gerry and I proposed are responsive to the concerns of our residents. I do not think it is wise for government leaders to continue to ignore the calls by our residents to protect our shores, our environment, and marine life. We are not going to relent until their voices are heard and concerns eased.”

Flynn’s ‘Penalty Box’ bill addressing assaults at youth sports passes Assembly

March 30, 2023

NJ GOP Assembly

Tackling bad behavior at youth sporting events, the Assembly on Thursday passed a bill in Assemblywoman Vicky Flynn’s “Penalty Box Act” to upgrade penalties for assaults against sports officials, coaches or staff. 

The bill (A4444/4471) aims to address the reprehensible conduct of adults behaving violently at youth sporting events and eliminate the toxic environment that is prevalent at youth sporting events. 

“Adults should be role models for children at sporting events. We know the psychological long-term effects upon children when they observe parents fighting in a home. The harm is no different when children observe toxic behavior among adults at soccer matches, basketball games or at a hockey rink,” said Flynn (R-Monmouth). “There is no excuse for an adult to act in a violent way at a sporting event.” 

The bill upgrades penalties for assaults against sports officials, coaches or staff from a simple assault to a fourth-degree aggravated assault if there are no injuries. That crime carries up to 18 months in prison and a fine up to $10,000. If the official is injured, the crime becomes third-degree, punishable by imprisonment of three to five years, a fine of up to $15,000, or both. 

Last June, a 72-year-old umpire was attacked by a coach during a youth baseball game in Branchburg and suffered a broken jaw and a concussion. 

“The goal of the Penalty Box Act is to restore civility to youth sports and address all bad behavior before it escalates to violence. I am pleased that there is bipartisan support to focus on this reprehensible conduct and return the joy of sports to players, coaches and sports officials at sporting events,” Flynn said. 

The other portions of the “Penalty Box Act” include anti-harassment, intimidation and bullying policies to reverse the harm caused when kids are subject to, or forced to observe, toxic conduct in athletic settings. That measure (A4486) has been referred to the education committee and will give players an avenue to speak out against these harmful environments.

Assembly adopts resolution honoring military children

March 30, 2023

NJ GOP Assembly

The Assembly on Thursday adopted a resolution designating April 14 as Military Child Appreciation Day. The resolution (SJR106/AJR198) is sponsored by Assembly members Gerry Scharfenberger and Vicky Flynn.

“It’s not just our enlisted or commissioned men and women who endure frequent moves and live with the reality that they may be away from their families for months. We have almost 2 million children in the United States whose mothers and fathers serve in the military,” Scharfenberger (R-Monmouth) said. “The children make tremendous sacrifices as well. It is appropriate we take a day to recognize the sacrifices these children don’t have a choice but to make.”

Military Child Appreciation Month, established in 1986 by Secretary of Defense Caspar Weinberger to increase public awareness of issues faced by children whose parents serve in the Armed Forces, is celebrated each April. People wear purple to show their support for military children. The Boys and Girls Clubs of America, 4-H, and Sesame Street has partnered with the U.S. Armed Forces to offer opportunities for these children.

Last year a Republican-backed resolution naming the last full week in April every year as Military Child Appreciation Week in New Jersey was also adopted.

“Military children carry a unique burden that even many adults just don’t understand. It’s good to bring attention to the needs of these very special warriors who maybe can’t articulate everything they’re feeling, who need to know they are seen and appreciated for the sacrifices they don’t have a choice in making,” Flynn (R-Monmouth) said. “Let’s always remember them.”

Resolution honoring military children advances

March 23, 2023

NJ GOP Assembly

A resolution designating April 14 as Military Child Appreciation Day was released from the Assembly Military and Veterans’ Affairs Committee Thursday. 

Assembly members Gerry Scharfenberger and Vicky Flynn sponsored the resolution (SJR106/AJR198). 

“It’s not just our enlisted or commissioned men and women who endure frequent moves and live with the reality that they may be away from their families for months. We have almost 2 million children in the United States whose mothers and fathers serve in the military,” Scharfenberger (R-Monmouth) said. “The children make tremendous sacrifices as well. It is appropriate we take a day to recognize the sacrifices these children don’t have a choice but to make.” 

April is recognized as Military Child Appreciation Month, established in 1986 by Secretary of Defense Caspar Weinberger to increase public awareness of issues faced by children whose parents serve in the Armed Forces. As part of this effort, people are asked to wear purple to show their support for military children. The U.S. Armed Forces has also partnered with groups such as Boys & Girls Clubs of America, 4-H, and Sesame Street to offer opportunities for these children. 

Last year a Republican-backed resolution naming the last full week in April every year as Military Child Appreciation Week in New Jersey was also adopted.

“Military children carry a unique burden that even many adults just don’t understand. It’s good to bring attention to the needs of these very special warriors who maybe can’t articulate everything they’re feeling, who need to know they are seen and appreciated for the sacrifices they don’t have a choice in making,” Flynn (R-Monmouth) said.  “Let’s always remember them.”

Auth and Flynn support committee’s domestic violence legislation and victims

March 9, 2023

NJ GOP Assembly

The Assembly Judiciary and Law and Public Safety committees held a joint hearing Thursday to consider 10 bills related to domestic violence. Judiciary committee members Assemblyman Robert Auth (R-Bergen) and Assemblywoman Vicky Flynn (R-Monmouth) voted to advance the legislation and responded to the compelling and courageous testimony: 

“For far too long, domestic violence victims have suffered under the dark, damaging shadows cast from these cases – often leaving children, families, and individuals to struggle in obscurity. Today, we are making a change – offering a light of hope and help through those shadows by voting in favor of these bills. Victims need to know that they are not alone, that they do have resources and should not be condemned to suffer in silence from fear. Though domestic violence knows no gender, women are vastly more likely to be victims. By passing these bills, we demonstrate our support for women across New Jersey and willingness to protect them from these unjustified hardships. 

Our work is far from over and this is just the beginning. We will continue working hard to ensure victims receive the rightful protections they deserve and their abusers are strongly penalized.”

Scharfenberger & Flynn: NJDOE’s School Funding Numbers Spells Disaster for a Generation of Students

March 2, 2023

InsiderNJ

Scharfenberger & Flynn: NJDOE’s School Funding Numbers Spells Disaster for a Generation of Students

Middletown, N.J. – Assemblymembers Victoria Flynn and Gerry Scharfenberger (Monmouth – R’s) offer the following statement regarding the New Jersey Department of Education’s (NJDOE) “State Aid Summaries” which will cause massive cuts for school within the 13th Legislative District (-$6.5 million) as well as across Monmouth County (-$19.9 million) for the upcoming 2023-24 school year:

“It is appalling to see that school districts in Monmouth County will continue to suffer cuts in State Aid for next school year. This flies in the face of all the promises made by Governor Murphy during his budget proposal that residents will see property tax relief – they absolutely will not according to the information just shared by the NJDOE.

Some schools will receive up to 20% less in state aid to fund their budgets.  Even if some of our schools receive more in this year, it will disappear due to the skyrocketing increase in health benefits costs issued by the State.

This is not a plan for success. The State is sitting on historic surpluses which are not being utilized to provide the support needed in our educational system to allow students to recover from the years of interrupted learning. Learning losses due to COVID-19 forced closures have been ignored by the NJDOE. School Districts are already struggling to compensate especially with a lack of actionable plan from Trenton. If these funding amounts go unchanged, an entire generation of students will face life altering effects, damaging their futures.

We are going to fight this and do everything within our power to see that our students and school districts receive the funding and education they deserve.”

Information on the individual schools within the 13th Legislative District can be seen below.

Scharfenberger & Flynn: Governor Should Focus on the “Current” New Jersey & Not the “Next”

March 1, 2023

InsiderNJ

Trenton, N.J. – Assemblyman Gerry Scharfenberger and Assemblywoman Victoria Flynn (Monmouth – R’s) offer the following joint statement in response to New Jersey Governor Phil Murphy’s FY’24 State Budget Address:

“We agree wholeheartedly with the spirit of today’s budget address – we must be guided by principles of fiscal responsibility as leaders of this great State. However, the proposals included in the Governor’s speech will only exacerbate the financial nightmares facing New Jersey residents because of the property tax burden here at home as well as high inflation rates due to the reckless economic policies of the federal government. 

Today’s budget address ignores the pleas of our local leaders who are scrambling to address the astronomical increase with health care costs in their upcoming budgets. The Governor’s failure to assist local government entities with the unanticipated increase in health care costs leave local school boards and municipalities to pass those costs onto residents by way of increases in taxes and reducing budgets to the bare minimum for services for their residents. That’s not a fairer New Jersey. 

To address the flight from New Jersey by residents who seek to reside in States that have a more friendly tax code, the Governor proposed a tax credit for senior citizens that will help them stay in their homes. Despite dedicating $2.5 billion in new costs for this proposal, it does not address the fact that it will still be cheaper for residents to seek refuge in other States from New Jersey’s crushing taxes. 

We are pleased the Governor included references in this budget to address learning loss among our students; yet, we are disheartened because the funding will not be available until next school year. We remained saddened that this State’s budgetary priorities are not laser focused on addressing learning loss, thus relegating an entire generation of kids to academic purgatory.

We therefore call on Governor Murphy to revisit his budget, removing needless spending and to work with us across the aisle to hear our plans. For instance, Minority Leader DiMaio has announced feasible a plan to address school funding, bringing with it substantial and sustainable relief.

Governor Murphy needs to stop worrying about the ‘Next New Jersey’ and concentrate on helping the current New Jersey before it is too late. Taxpayers are struggling, barely keeping their heads above water yet now must face a new $53+ billion spending spree weighing them down. 

We agree on one thing, a stronger economy builds a stronger New Jersey, but this budget falls short.” 

According to the information proposed by the Murphy Administration, his FY’24 Budget includes over $2.5 billion in new spending for a grand total of over $53 billion – a 53% increase since Governor Chris Christie’s last budget.

Assembly committee passes Flynn auto theft bills addressing bail reform, repeat criminals and juveniles

February 14, 2023

NJ GOP Assembly

The Assembly Law and Public Safety Committee considered and cleared several bills tackling the rise in car thefts in the Garden State on Monday, including two sponsored by Assemblywoman Vicky Flynn that would crack down on juvenile offenders and repeat criminals.  “New Jersey cannot properly address the increase in car thefts without discussing the impact of bail reform or the recruitment of juveniles to carry out crimes,” Flynn (R-Monmouth) said. “Car thieves don’t care if their targets are at home, if it is broad daylight or if they are ruining a minor’s future. They have become more and more brazen and because the administration is currently only slapping them on the wrist, they are willing to go out and commit more crimes.” From 2020 to 2022, car thefts increased by about 34%. New Jersey State Police estimate that more than 15,600 cars were stolen last year. They also report that car theft rings are paying minors to participate in the crimes, because juveniles face less serious charges if caught. Flynn’s first bill (A5187) allows a court to order a juvenile to a home detention program for motor vehicle thefts. “Getting kids off the streets and monitoring their behavior will help stop the delinquent cycle and support the ultimate goal of preventing them from entering a correctional facility when they are older,” Flynn added. Her other bill (A5189) rolls back bail reform measures to ensure defendants charged with or convicted of an auto theft multiple times within 30 days would be detained while awaiting trial. Criminal courts are currently only authorized to order a defendant to be detained while awaiting trial for murder, crimes carrying life imprisonment sentences, or if they are found to be a flight risk, danger to the community or likely to obstruct criminal proceedings. “While I think bail reform measures were well-intentioned to give poorer residents the same opportunity as people who could come up with cash, the system has unfortunately helped establish career criminals,” Flynn said. “Repeat car thieves should be sitting behind bars not looking for their next victim.”

Flynn bill changing foreign investment rules for NJ insurers passes committee

February 13, 2023

NJ GOP Assembly

Assemblywoman Vicky Flynn’s bill increasing the foreign investment limit for New Jersey-based insurance companies to align with accepted best practices cleared the Assembly Commerce and Economic Development Committee on Monday. Flynn argues New Jersey’s insurance companies are currently at a disadvantage and her bill would allow them to diversify their portfolios.  “Limiting foreign investment for insurers only increases the cost of doing business in New Jersey and has no benefit for policyholders,” Flynn (R-Monmouth) said. “This legislation would put New Jersey insurers on a level playing field with insurance companies in 36 other states. It is a sound practice that will ultimately allow insurance companies to meet their obligations to policyholders in a more cost effective way.”  The bill (A4785) allows insurance companies to invest up to 30% of assets in foreign countries that have received a high rating from an independent, nationally recognized American rating agency. Companies could invest no more than 10% in any one country. The largest foreign markets for U.S. insurance companies are the United Kingdom, Canada, Australia, the Netherlands and France. The most common investments for insurers include debt securities, such as bonds, and equity securities, such as stocks and mutual funds. “Expanding opportunities for more diversified strategic investments helps insurance companies continue to pay claims to their policyholders and makes New Jersey a better place to run a business,” Flynn said.

N.J. may stiffen penalties for assaulting youth sports officials after explosion of bad behavior

January 20, 2023

NJ.com

By: Brent Johnson | NJ Advance Media for NJ.com

In the wake of a string of sometimes violent arguments and altercations at youth sporting events across New Jersey in recent years, lawmakers have begun advancing a proposed state law that would increase penalties for those convicted in those incidents.

The bipartisan bill, which a state Assembly committee approved Thursday, would increase penalties on those who assault or harass an official, player, or participants at school or other youth sports events in New Jersey. It also would upgrade certain types of assault against sports officials in the state to aggravated assault.

In one of the most notable incidents, a coach punched a 72-year-old umpire during a youth baseball game in Branchburg last June after arguing a call and being ejected from the game. The umpire suffered a broken jaw that required extensive dental surgery.

NJ Advance Media reported in March of last year that there has been an explosion of bad behavior on sports fields across the state, including verbal and physical assaults of coaches and officials.

That includes another incident last year in which adult fan stormed the floor and shoved a coach during a high school basketball game in Jersey City.

“We know the psychological long-term effects that parents fighting in a home has on children,” Assemblywoman Vicki Flynn, R-Monmouth, a main sponsor, said during a hearing on the legislation Thursday. “I don’t know why it’s any different when it’s at a soccer field, a basketball court, or a hockey rink.”

“The long-term damage these toxic and sometimes violent incidents cause to children is what this legislation is trying to avoid,” she added. “Parents, spectators, staff, coaches and anyone else behaving badly during sporting events involving children must be stopped and held accountable.”

Under the proposal, someone who commits a simple assault against a sports official, coach, player, or participant at a school of community sponsored youth event in New Jersey would now face up to 18 months in prison, a fine of up to $10,000, or both.

Currently, anyone who commits simple assault in the state faces up to six months in prison, a fine of up to $1,000, or both.

The bill also would upgrade those who commit aggravated assault against a sports official to a third-degree crime if the official suffers bodily injury. They would face a prison sentence of three to five years, a fine of up to $15,000, or both.

If the assault is against someone under the age of 18, it would be a third-degree crime punishable by up to five to 10 years in prison, a fine of up to $15,000, or both.

The measure was previously addressed by two different bills (A4471 and A444) but has been combined into one.

Assemblyman Raj Mukherji, D-Hudson, the committee’s chairman and a co-sponsor of the legislation, said his kids play sports not to become pros but to “learn values and morals and develop character with their peer class.”

“When you are assaulting someone at a youth sports event, we’re going to be putting them in category as public officials and law enforcement official and school personal, where it’s already upgraded to aggravated assault,” Mukherji said. “It’s gonna be indictable now.”

The Assembly Judiciary committee voted 5-0 to approve the bill Thursday at the Statehouse in Trenton. It must be passed by the full state Senate and Assembly before the governor can decide whether to sign it into law.

Randy Nathan, a coach and West Orange resident, told the committee he’s been pushing for such a law for 10 years. He said the problem has been around for decades, but there has been an increase since the start of the COVID-19 pandemic.

“Safeguards must be put in place to protect officials from parents who damage the integrity of the sport with a confrontational behavior,” Nathan said.

Assemblyman Robert Auth, R-Bergen, a committee member, said he was once an umpire who endured “some berating from some parents.”

“It was really terrible,” Auth said during the hearing. “It has been escalating over the years.”

NJ Advance Media staff writer Matthew Stanmyre contributed to this report.