WARREN COUNTY, N.J. — Warren County has filed a lawsuit against the State of New Jersey, alleging decades-long diversion of the monthly 9-1-1 surcharge away from its intended purpose of supporting emergency communications.
The complaint, filed August 21 in Warren County Superior Court (Docket No. WRN-L-000318-25), seeks to recover diverted funds and prevent further violations of state and federal law.
According to the county’s complaint and Federal Communications Commission reporting:
- In 2023, New Jersey collected more than $123 million in 9-1-1 fees, but only $13.1 million was spent on lawful 9-1-1 purposes. Less than 11 cents of every dollar reached emergency services, while nearly $106.5 million was diverted elsewhere.
- Since 2006, the state has collected roughly $1.75 billion in 9-1-1 fees, with only 11% spent on federally eligible 9-1-1 expenses.
- Even today, the amounts earmarked for 9-1-1 remain minimal, with the bulk of revenue redirected to unrelated line items such as the State Police operating budget and Homeland Security.
“This lawsuit is about ending the diversion of 9-1-1 dollars and putting every cent back where residents expect it, into the 9-1-1 system that was specifically created and funded to ensure emergency calls are received by our police, fire, EMS and other first responders when help is most needed,” said James R. Kern III, Warren County Commissioner and liaison to public safety. “For years, New Jersey collected the surcharge while directing the money elsewhere. The Trump Administration and federal authorities should find this case troubling, because federal law requires these dollars be used for 9-1-1 purposes, not as a slush fund.”
The FCC has repeatedly flagged New Jersey as one of the worst offenders in 9-1-1 fee diversion. In 2021, the agency’s “Ending 9-1-1 Fee Diversion Now Strike Force” even considered recommending criminal penalties for state officials who misuse these funds, underscoring the seriousness of the issue. While no such referrals have been made, the FCC has implemented new rules and reporting requirements aimed at ending diversions nationwide.
The nonpartisan New Jersey Association of Counties has long advocated for ending the practice, urging lawmakers to restore 9-1-1 funding to its intended purpose.
The county’s lawsuit seeks a full accounting of all diverted fees, disgorgement of improperly used funds, and injunctive relief to prevent further diversion in violation of New Jersey statutes and federal regulations (47 C.F.R. § 9.23).
