New Jersey-2010-A3300-Introduced

An Act concerning emergency medical services and supplementing and amending Title 40A of the New Jersey Statutes and repealing N.J.S.40A:14-82.

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

1. (New section) a. To provide emergency medical services to the area encompassing the fire district, the board of fire commissioners may, subject to the provisions of this section:

(1) contract with a duly incorporated not-for-profit emergency medical services organization;

(2) establish a volunteer, paid, or part-paid emergency medical services provider organization under the supervision of the board of commissioners;

(3) contract with a volunteer fire company that also provides emergency medical services;

(4) contract with a for-profit organization;

(5) make voluntary monetary and in-kind contributions to an established emergency medical service organization rendering service generally throughout the fire district pursuant to section 2 of P.L.1986, c.120 (C.40A:14-85.1); or

(6) continue providing emergency medical services if such services were provided by the fire district prior to the adoption of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. If there is an existing not-for-profit emergency medical services provider organization or a volunteer fire company that renders emergency medical service generally throughout the fire district, a fire district shall not engage in the provision of emergency medical services other than by making monetary contributions to such organization pursuant to section 2 of P.L.1986, c.120 (C.40A:14-85.1) unless such organization agrees to a contract with the fire district or becomes an organization of the fire district pursuant to paragraph (2) of subsection a. of this section. If a fire district is unable to enter into a contract with such organization, it shall ask the New Jersey State Office of Dispute Settlement to mediate an agreement between the parties. If efforts at good faith mediation prove unsuccessful, the fire district may place a public question on its next annual ballot to request public approval for the district to provide emergency medical services to the district, notwithstanding the opposition of an existing not-for-profit emergency medical services provider organization or volunteer fire company that renders emergency medical services generally throughout the fire district. The director may act to assist
and direct the parties to resolve these matters but shall not impose any settlements.

c. Prior to taking any action to provide new emergency medical services on the basis of paragraphs one through five of subsection a. of this section, the board of fire commissioners shall present a written application to the governing body of the municipality, in which the fire district operates, that requests for authority to provide emergency medical services. Such application shall be in the form of a duly verified petition that explains the means by which emergency medical services shall be provided, and signed by at least five percent of the registered voters in the fire district attesting that they desire the fire district to raise taxes to provide emergency medical services in the district in that manner. Subsequent changes in the way services are to be provided shall require a new application.

d. The authority for a fire district to provide emergency medical services shall be granted by an amendment to the ordinance that designated the fire district granting such authority. Upon receiving an application, the governing body shall introduce an ordinance to grant such authority and shall hold a public hearing for consideration of the application. After the public hearing, if the governing body decides by majority vote of the full governing body to approve the application, it shall approve the amendment. The municipal clerk shall send a certified copy of the ordinance to the director of the Division of Local Government Services no later than three days from the time the ordinance takes effect.

e. If a fire district has been providing emergency medical services prior to the effective date of this act, it shall submit to the Director of the Division of Local Government Services, no later than the time it advertises its next annual budget, sufficient documentation upon which the director can verify that the fire district has been providing services or making contributions for the provision of emergency medical services to the district. Upon approval by the director, the fire district shall be authorized to continue such appropriations in its budget.

2. (New section) a. A fire district shall not provide emergency medical services until the board of commissioners complies with the provisions of the section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), except that this requirement shall not apply to fire districts that were providing emergency medical services prior to the effective date of this act.

b. For the purposes of this act, the term "emergency medical service" means a system for the provision of basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21).

c. The director is authorized to act in a manner consistent with the intent of P.L. , c. (C. ) (pending before the Legislature as this bill), to address or resolve unanticipated situations or circumstances; and is authorized to adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary to administer the provisions of this act.

3. Section 8 of P.L.1979, c.453 (C.40A:14-78.4) is amended to read as follows:

8. The fire district budget shall be adopted, by a vote of a majority of the full membership of the fire commissioners, not later than 25 days prior to the annual election. If the budget is not adopted in a timely manner, the director, in determining that such appropriations are necessary, shall fix the maximum amount of appropriations or shall set an amount to be raised by taxation, and the fire commissioner shall adopt a budget that shall not exceed that amount. The adopted budget shall be advertised after adoption. The advertisement shall contain a full copy of the budget or a summary approved by the director, and shall be published at least once in a newspaper circulating in the fire district at least 7 days prior to the annual election.

(cf: P.L.1979, c.453, s.8)

4. Section 9 of P.L.1979, c.453 (C.40A:14-78.5) is amended to read as follows:

9. a. If at the annual election held pursuant to N.J.S.40A:14-72 the question of finally adopting the budget is voted affirmatively upon by a majority of the legal voters voting in the election, the budget shall be considered finally adopted, and the board of fire commissioners shall certify the amount to be raised by taxation to support the district budget to the assessor of the municipality, pursuant to N.J.S.40A:14-79.

b. If at the annual election the question of finally adopting the budget is voted negatively upon by a majority of the legal voters voting in the election, the governing body of the municipality in which the fire district is located shall, by resolution of a majority of its full membership, within 30 days after the annual election and after a public hearing for which the legal voters of the fire district shall be given 5 days' advertised notice, and at which any interested person shall be heard, fix an annual budget for the fire district. The amount of each appropriation section of the budget so fixed shall not exceed the amount for each as previously voted upon at the annual election, except the appropriation for debt service which shall be included in the amount that is required to be paid. The governing body shall certify the amount to be raised by taxation to support the district budget as set forth in the final budget, to the assessor of the municipality, pursuant to N.J.S.40A:14-79.

c. After an adopted budget has been approved by the voters, the director may approve an amendment of the budget to provide for anticipation of revenue from a public or private funding source which was not known at the time of adoption of the budget, and the appropriation thereof.

(cf: P.L.1982, c.174, s.1)

5. N.J.S.40A:14-80 is amended to read as follows:

40A:14-80. The commissioners of any fire district, by resolution, may borrow after March 1 and before December 31 following, a sum not to exceed the amount appropriated at the preceding annual election held in the district, for current expenses and necessary repairs to fire apparatus and fire houses and emergency medical service equipment and buildings within the district, less any sums received from the collector of taxes or municipal treasurer on account of such appropriation. They may execute evidences of such indebtedness and pay the amount so borrowed, together with interest thereon, at a rate not exceeding 5% per annum.

(cf: P.L.1971, c.197, s.1)

6. Section 1 of P.L.1979, c.453 (C.40A:14-81.1) is amended to read as follows:

1. a. The commissioners of any fire district may, by resolution, establish paid positions within the fire department, the emergency medical services, or for the fire district, as such position shall be determined by the commissioners to be required for the purposes of the fire district. The commissioners shall, by resolution, appoint persons to, determine the terms of, fix the compensation for, and prescribe the powers, functions and duties of all paid positions so established. For the purposes of this section, a paid position shall mean any position for which any compensation is provided by the fire district other than reimbursement for expenses and losses actually incurred in the performance of duties.

b. Every resolution proposed pursuant to subsection a. of this section, after being introduced and having passed a first reading, which may be by title, shall be published in full at least once in a newspaper having substantial circulation in the fire district, together with a notice of the introduction thereof and the time and place when and where it will be considered for final passage. Such publication shall appear at least 1 week prior to the time fixed for further consideration for final passage.

c. At the time and place stated in the publication, or at any time and place to which the meeting for the further consideration of the resolution shall from time to time be adjourned, all persons interested shall be given an opportunity to be heard concerning the resolution. The opportunity to be heard shall include the right to ask pertinent questions concerning the resolution by any resident of the fire district or by any other person affected by the resolution. Final passage of the resolution shall be at least 10 days after the first reading.

d. Upon the opening of the hearing, the resolution shall be given a second reading, which may be by title, and may thereafter be passed with or without amendment, or rejected. At least 1 week prior to second reading, a copy of the resolution shall be posted in such public place as notices are usually posted in the district, and copies shall be made available to each person requesting a copy during said week and during the hearing. No amendment to such resolution shall be adopted, unless such amendment is presented in written form to the fire commissioners and copies made available to each person requesting a copy at the meeting at which the amendment is considered.

e. Upon passage, every such resolution, or the title, together with a notice of the date of passage or approval, or both, shall be published at least once in a newspaper having substantial circulation in the fire district.

(cf: P.L.1979, c.453, s.1)

7. Section 4 of P.L.1979, c.453 (C.40A:14-81.4) is amended to read as follows:

4. Any employees of a fire district [and], any volunteer [firemen] firefighters having membership in a volunteer fire company, and any members of a not-for-profit emergency medical service provider organization within the fire district may be reimbursed within the limitations of amounts appropriated therefor in the annual district budget for expenses and losses actually incurred in the performance of their duties.

(cf: P.L.1979, c.453, s.4)

8. N.J.S.40A:14-82 is repealed.

9. N.J.S.40A:14-84 is amended to read as follows:

40A:14-84. The legal voters, at the annual meeting or at a special meeting called by the commissioners of the fire district, may vote to raise money for a firehouse, apparatus and appliances in connection therewith for fire extinguishing purposes, emergency medical equipment, buildings, and apparatus in connection therewith for provision of emergency medical services, in an amount not exceeding 5 mills on the dollar of the last assessed valuation of the property in the fire district. [The] If voted on at a special meeting, the amount so voted for shall be included in the next succeeding annual budget of the fire district under the section for capital appropriations. If voted on at the annual meeting, the amount shall be included in the annual budget of the fire district under the section for capital appropriations.

Any such special meeting shall be called on [10] 20 days' notice by the board of fire commissioners, to be posted in [five] ten public places in the district, and advertised in a newspaper with substantial circulation in the district, setting forth the time, place and object of the meeting and the legal voters shall determine the amount of money to be raised. The vote taken at such special meeting shall be by secret ballot.

(cf: P.L.1979, c.453, s.15)

10. N.J.S.40A:14-85 is amended to read as follows:

40A:14-85. The board of commissioners of a fire district may purchase or lease fire engines, apparatus or other appliances for the extinguishment of fires and acquire lands or buildings or erect buildings for the housing of such equipment and purchase or lease equipment, vehicles, or other apparatus for the provision of emergency medical services, acquire lands or buildings or erect buildings for the housing of such equipment, at [a] an aggregate cost not exceeding [$60,000.00 or] 2% of the three year equalized assessed valuation of the taxable property in the district, [whichever amount is larger,] the money to be raised by a bond issue or by a lease agreement. Any such bond issue or lease agreement shall be authorized by a resolution of the commissioners specifying the amount and the purpose thereof. The resolution shall be inoperative unless and until it shall have been submitted to voters as a separate question on the ballot, and approved by the legal voters within said fire district at the annual election held for the election of commissioners and appropriation of money for permitted fire [extinguishing] district purposes, or at a special election for such [purpose] purposes.

The resolution shall be written or printed and the election shall be upon notice stating the time and place. If said election is to be the annual one, the notices shall be posted by the clerk of the board of fire commissioners in 10 public places, at least 10 days prior to the date of the election. The board of commissioners and the clerk, [in their or his discretion, may] shall advertise the election in a newspaper, published in the fire district, if any, otherwise in a newspaper published in the county of said district and circulating in such district. When a special election is specified notices shall be posted in 10 public places, at least 21 days prior to the date of election, and the clerk of said board shall advertise said notice in such a newspaper at least twice prior to the election date. The vote taken at such special meeting shall be by secret ballot.

(cf: P.L.1971, c.197, s.1)

11. Section 2 of P.L.1986, c.120 (C.40A:14-85.1) is amended to read as follows:

2. a. Any fire district may appropriate such sums as it may deem necessary for the purchase of first aid, ambulance, rescue or other emergency vehicles, equipment, supplies, training, and materials for use by the fire district itself, or for any duly incorporated [first aid, emergency or volunteer ambulance or rescue squad associations] not-for-profit emergency medical service provider organizations rendering service generally throughout the fire district where such organizations are not an organization of the fire district pursuant to P.L. , c. (C.) (pending before the Legislature as this bill). A fire district may also appropriate funds for and enter into contracts with organizations to provide emergency medical services to the district.

b. Any fire district may make a voluntary contribution of not more than $70,000 annually to any duly incorporated not-for-profit emergency medical services organization rendering service generally to the fire district and where such organizations are not an organization of the fire district pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). In addition, if any such organizations experience extraordinary need, the fire district may contribute an additional amount of not more than $35,000 annually; provided, however, that the need for such additional funds is established by the organization and is directly related to the performance of that organization's duties. Whenever the total annual contribution to an organization exceeds $70,000, the board of commissioners of the fire district shall receive an audit performed by a certified public accountant or a registered municipal accountant of each organization's financial records for the current year which shall certify to the board of commissioners of the fire district whether such records are being maintained in accordance with sound accounting principals.

c. A duly incorporated not-for-profit medical services organization rendering service generally to the fire district that receives funding from the fire district pursuant to this section shall not receive funding from a municipal government pursuant to R.S.40:5-2, unless it is prorated to reflect that part of the municipality not served by fire districts.

(cf: P.L.1986, c.120, s.2)

12. This act shall take effect on the first day of the thirteenth month following enactment.

STATEMENT

This bill enables a board of fire commissioners to provide emergency medical services to areas encompassing each fire district. Under the provisions of the bill, in order to provide emergency medical services to areas encompassing each fire district a board of fire commissioners must present a written application to the governing body of the municipality in which the fire district operates asking for authority to provide emergency medical services.

Under the bill, authority for a fire district to provide emergency medical services is to be granted by an amendment to the ordinance that designated the fire district as the entity providing fire services within the municipality. Upon receiving an application, this bill provides that the governing body is to introduce an ordinance to grant such authority and must hold a public hearing for consideration of the application. After the public hearing, if the governing body decides by a majority vote of the full governing body to approve the application, it shall approve the amendment.

The bill also establishes that the board of fire commissioners may provide emergency medical services to the area encompassing the fire district through the following methods:

1. Contract with a duly incorporated not-for-profit emergency medical services organization;

2. Establish an emergency medical services provider organization consisting of volunteer, paid, or part-paid individuals under the supervision of the board of commissioners;

3. Contract with a volunteer fire company that also provides emergency medical services;

4. Contract with a for-profit organization;

5. Make voluntary monetary and in-kind contributions to an established emergency medical service organization rendering service generally throughout the fire district pursuant; or

6. Continue providing emergency medical services if such services were provided by the fire district prior to the adoption of this bill.

The bill provides that if there is an existing not-for-profit emergency medical services provider organization or a volunteer fire company that renders emergency medical service generally throughout the fire district, a fire district is not to provide emergency medical services other than by making monetary contributions to such organization, unless that organization agrees to a contract with the fire district or becomes an organization under the fire district. The bill further provides that in the case that a fire district cannot enter into a contract with the organization, it must ask the New Jersey State Office of Dispute Settlement to mediate an agreement between the parties. If mediation is unsuccessful, the fire district may place a public question on its next annual ballot to request public approval for the district to provide emergency medical services to the district, notwithstanding the opposition of an existing not-for-profit emergency medical services provider organization or volunteer fire department.

The bill amends current law to authorize the Director of the Division of Local Government Services in the Department of Community Affairs, in cases where a fire district budget is not adopted in a timely manner, to fix a maximum amount of appropriations or set an amount to be raised by taxation. The fire commissioner would then be authorized to adopt a budget that shall not exceed that amount. The bill specifies that the advertisement of the adopted budget is to contain a full copy of the budget or a summary approved by the director.

The bill also grants the director authority approve an amendment of the budget, after it has been approved by the voters, to provide for anticipation of revenue from a public or private funding source which was not known at the time of adoption and appropriation of the budget.

Under current law, the legal voters, at the annual meeting or at a special meeting called by the commissioners of the fire district, may vote to raise money for equipment used to extinguish fires. This bill extends the functions of those meetings to include the raising of money for emergency medical equipment. The bill also specifies that if voted on at a special meeting, the amount voted upon is to be included in the next succeeding annual budget of the fire district under the section for capital appropriations. If voted on at the annual meeting, the bill allows the amount to be included in the annual budget of the fire district under the section for capital appropriations. The bill extends prior notice for the special meeting from 10 to 20 days, and increases the number of places where notice to be posted from five to 10 public places.

In addition, this bill amends current law to allow the board of commissioners of a fire district to lease fire engines, apparatus or other appliances for the extinguishment of fires and for the provision of emergency medical services and acquire lands or buildings for the housing of such equipment, at an aggregate cost not exceeding 2% of the three year equalized assessed valuation of the taxable property in the district. Under current law, a board of commissioners could only purchase such equipment at cost not exceeding $60,000 or 2% of the assessed valuation of the taxable property in the district, whichever amount is larger.

The bill provides that a fire district may make a voluntary contribution of not more than $70,000 annually to any duly incorporated not-for-profit emergency medical services organization rendering service to the fire district, and where such organizations are not an organization of the fire district pursuant to the provisions of the bill. In addition, the bill provides that if any such organizations experience extraordinary need, the fire district may contribute an additional amount of not more than $35,000 annually. Whenever the total annual contribute to an organization exceeds $70,000, the board of commissioners of the fire district shall receive an audit performed by a certified public accountant or a registered municipal accountant.

Finally, the bill repeals N.J.S.A.40A:14-82 which allows the board of commissioners to set limitations on the average hours of duty for uniformed members of fire district fire departments. It is the sponsor's contention that this statue has been superseded by the application of the federal Fair Labor Standards Act to fire departments.