ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 5075
STATE OF NEW JERSEY
219th LEGISLATURE
ADOPTED FEBRUARY 24, 2021
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Co-Sponsored by:
Assemblyman Clifton, Assemblywoman Downey and Assemblyman Houghtaling
SYNOPSIS
Removes Fire Museum and Fallen Firefighters Memorial from auspices of DEP and establishes museum as independent organization; makes $200,000 supplemental appropriation.
CURRENT VERSION OF TEXT
As amended by the General Assembly on March 1, 2021.
An Act concerning firefighters, supplementing Title 28 of the Revised 1[Statues] Statutes1, 1[amending] repealing1 P.L.1991, c.215, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The New Jersey 1[Fire Engine and Equipment Museum] Fire Museum and Fallen Firefighters Memorial1
is hereby removed from the auspices of the Department of Environmental Protection and reorganized and established as an independent, non-profit organization, which shall oversee the permanent fire museum and fallen firefighter memorial to honor New Jersey's proud history of firefighting service and the brave men and women who have sacrificed their lives in the fire service. 1The museum collection donated by Ernest Day shall be transferred from the Department of Environmental Protection and placed in the custody of the New Jersey Fire Museum and Fallen Firefighters Memorial.1
b. The New Jersey 1[Fire Engine and Equipment Museum] Fire Museum and Fallen Firefighters Memorial1shall be governed by a board of directors who shall consist 1of1 the following members:
(1) the Secretary of State or a designee, who shall serve ex-officio;
(2) the Director of the Division of Fire Safety or a designee, who shall serve ex-officio;
(3) the Executive Director of the New Jersey Historical Commission within the Department of State or a designee, who shall serve ex-officio;
(4) one public member appointed by the President of the Senate, and one public member appointed by the Speaker of the General Assembly 1, both of whom shall have knowledge and experience in fire service1;
(5) one public member 1with knowledge and experience in fire service1 appointed by the Governor; and
(6) the membership of the board of directors of the New Jersey Fire Museum and Fallen 1[Firefighter] Firefighters1 Memorial who served on the board prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The board may, upon unanimous vote of the existing board members, appoint additional board members who shall be voting members.
d. Appointments to the board of directors pursuant to subsection b. of this section shall be made within 90 days of the effective date of this act. Each appointed member shall serve for a term of three years. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made.
Members of the board shall serve without compensation, but shall be reimbursed for the necessary expenses incurred in the performance of their duties within the limits of the funds made available to the board for its purposes.
1[d.] e.1 The board shall organize within 30 days after the appointment of its members. The board shall select a chairperson from among the members. The board shall meet at the call of the chairperson at the times and places it may deem appropriate and necessary to fulfill its duties, except that the board shall meet a minimum of four times per year. A majority of the members shall constitute a quorum for the purpose of conducting business.
1[e.] f.1 The board shall appoint an executive director 1[,]1 who 1shall be compensated within the limits of the funds made available by the board for that purpose. The executive director1 shall serve at 1[its] the1 pleasure 1of the board1 and shall be a person qualified by training and experience to perform the duties of the office.
2. (New section) a. The board of directors for the nonprofit New Jersey 1[Fire Engine and Equipment Museum] Fire Museum and Fallen Firefighters Memorial1 reorganized and established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall have the following responsibilities and duties:
(1) to make, amend, and repeal rules and bylaws for its own governance and guidance not inconsistent with State and federal law;
(2) to maintain an office within the State as it may designate;
(3) to contract for, accept, solicit, or collect any grants, loans, funds, property, or other aid in any form from the federal government or any agency or instrumentality thereof; from the State or any agency, instrumentality, or political subdivision thereof; or from any other public source;
(4) to make and enter into contracts, leases, agreements, and purchases necessary for the use, or incidental to the performance of, the board's duties and the exercise of its powers pursuant to P.L , c. (C. ) (pending before the Legislature as this bill);
(5) to insure against any losses in connection with the board's properties, operations, or assets;
(6) to formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the board, its officers, and employees;
(7) to institute or cause to be instituted any legal proceedings or processes as may be necessary to properly enforce and give effect to any of the powers or duties of the executive director or the board;
(8) to develop an economic development master plan identifying the board's objectives, policies, and programs which will encourage the museum's attraction, expansion, and retention;
(9) to support and maintain existing museum facilities and services for the educational or recreational use and benefit of the public;
(10) to maintain exhibits and displays to promote and develop public interest and understanding of firefighter history;
(11) to develop, raise funds for, build and operate a fire museum, fire safety education center, and fallen firefighters memorial, and to provide for the display of fire apparatus and equipment, along with the history and documentation available for preservation;
(12) to determine the best course of action regarding museum collections both owned by and lent to the museum including, but not limited to, continuing any current ownership agreements or memorandums of understanding entered into by the board prior to the effective date of P.L. , c. (C ) (pending before the Legislature as this bill);
(13) to oversee museum facility expansion, development, and strategic planning;
(14) to address marketing, budget, and fundraising issues;
(15) to conduct educational and recreational programs held at the museum facilities;
(16) to make plans and preparations for preservation and restoration of museum collection pieces; and
(17) to partner with affiliate organizations to borrow and lend temporary or permanent museum collections and to raise funds with these affiliate organizations, which may include, but not be limited to, other museums and similar educational or research facilities.
b. The board of directors may
be dissolved upon a majority vote of the board members. Upon dissolution of the
board, any collections that were donated to the museum prior to or following
the effective date of P.L. , c. (C. ) (pending before the Legislature
as this bill) shall be returned to the original donors in accordance with
existing ownership agreements or memorandums of
understanding. Museum collections that were otherwise acquired or purchased as
State property shall be placed in the custody of the Executive Director
of the New Jersey Historical Commission in the Department of State upon
dissolution of the board. The executive director shall determine the
appropriate course of action in housing or maintaining the collection.
3. (New section) There is appropriated from the General Fund $200,000 to the board of the New Jersey 1[Fire Engine and Equipment Museum] Fire Museum and Fallen Firefighters Memorial1 to effectuate the purposes of P.L. , c. (pending before the Legislature as this bill).
1[4. Section 1 of P.L.1991, c.215 (C.28:2-26) is amended to read as follows:
1. The New Jersey Fire Engine and Equipment Museum [, to be constructed at Allaire pursuant to P.L.1987, c.437 , under the auspices of the Department of Environmental Protection,] is designated the John P. Caufield Memorial Fire Engine and Equipment Museum.
This designation shall be displayed prominently at or near the entrance to the museum.
(cf: P.L.1991, c.215, s.1)]1
14. Section 1 of P.L.1991, c.215 (C.28:2-26) is repealed.1
5. This act shall take effect immediately.