Bill Text: NJ S3272 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes procedure for consolidating fire districts.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2016-01-07 - Substituted by A3006 (2R) [S3272 Detail]
Download: New_Jersey-2014-S3272-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Establishes procedure for consolidating fire districts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the consolidation of fire districts, supplementing Title 40A of the New Jersey Statutes, and amending N.J.S.40A:14-90.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-90 is amended to read as follows:
40A:14-90. [The] Except as provided in a consolidation plan prepared in accordance with P.L. , c. (C. )(pending before the Legislature as this bill) the governing body of a municipality having a fire district therein, by ordinance, may enlarge such fire district by extending the boundaries thereof to include additional territory in such municipality but not included in another fire district.
Upon the adoption of any such ordinance and publication thereof as required by law the additional territory shall become part of said fire district.
Nothing contained herein shall affect the terms or tenure of members of the board of fire commissioners or officers or personnel thereof, nor the bonds and obligations, if any, of such fire district.
(cf: P.L.1979, c.381, s. 2)
2. (New section) a. The governing body of two or more municipalities may consider consolidating fire districts operating within each municipality through an agreement made pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) upon receipt of parallel resolutions adopted by the commissioners of each of the fire districts requesting the development of a consolidation plan. The governing body of each municipality that enters into an agreement for shared services pursuant to this section shall work with the fire district commissioners to prepare and implement the consolidation plan. The plan may be prepared in consultation with the Director of the Division of Local Government Services in the Department of Community Affairs, or his designee.
b. Upon completion of the consolidation plan, which shall include a first-year budget for the consolidated fire district, the governing body of each municipality shall fix a time and place for a hearing to discuss the proposed consolidation. Notice of the hearing shall be provided in accordance with the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and copies of the proposed consolidation plan shall be made available for public inspection by the municipal clerk, in accordance with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
c. Following the hearing, the governing body of each municipality shall vote on parallel resolutions to consolidate the fire districts. Upon approval by the governing body of each municipality, the assets and debts of the fire districts to be consolidated shall be reapportioned pursuant to the consolidation plan. The consolidation shall become operative after the next fire district election following the final adoption of the consolidation plan by at least 29 days, during which new commissioners for the consolidated district shall be elected.
3. A municipal governing body may consider the consolidation of all fire districts within that municipality, upon receipt of parallel resolutions adopted by the commissioners of all of the fire districts within the municipality consenting to the development of a consolidation plan. If the municipal governing body approves the development of a consolidation plan, it shall work with the fire district commissioners to prepare the plan. The plan may be prepared in consultation with the Director of the Division of Local Government Services in the Department of Community Affairs, or his designee.
Upon completion of the consolidation plan, which shall include a first-year budget for the consolidated fire district, the governing body of the municipality shall fix a time and place for a hearing to discuss the proposed consolidation. Notice of the hearing shall be provided in accordance with the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and copies of the proposed consolidation plan shall be made available for public inspection by the municipal clerk, in accordance with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
Following the hearing, the governing body of the municipality shall vote on a resolution to consolidate the fire districts.
If a resolution is adopted by the municipal governing body to consolidate the fire districts, then notice of the impending consolidation, and a copy of the proposed consolidation plan, shall be sent to the Local Finance Board, which if it has objections, shall within 30 days of receipt schedule a hearing to discuss revisions to the plan. Otherwise, the consolidation plan shall be deemed approved by the board.
Upon approval or revision of the plan by the Local Finance Board, the consolidation plan shall be considered finally adopted by the municipal governing body, and the assets and debts of the fire districts to be consolidated shall be reapportioned pursuant to the consolidation plan.
The consolidation shall become operative after the next fire district election following the final adoption of the consolidation plan by at least 29 days, during which new commissioners for the consolidated district shall be elected.
4. This act shall take effect immediately.
STATEMENT
This bill permits two or more municipalities to consolidate fire districts if the commissioners of all of the fire districts within each municipality adopt parallel resolutions consenting to the development of a consolidation plan. In addition, the bill permits a single municipality to consider the consolidation of all fire districts within that municipality. Any municipal governing body or governing bodies that approve the development of a consolidation plan, are to work with the fire district commissioners to prepare the plan. The plan may be prepared in consultation with the Director of the Division of Local Government Services in the Department of Community Affairs, or his designee.
Upon completion of the consolidation plan, which is to include a first-year budget for the consolidated fire district, the governing body of each municipality considering consolidation is to fix a time and place for a hearing to discuss the proposed consolidation. Notice of the hearing is to be provided to the public, and copies of the proposed consolidation plan are to be made available for public inspection by the municipal clerk.
Following the hearing, the governing body or governing bodies of each municipality are required to vote on a resolution to consolidate the fire districts. Upon passage of the resolution, the assets and debts of the fire districts to be consolidated are to be reapportioned pursuant to the consolidation plan. The consolidation is to become operative after the next fire district election following the final adoption of the consolidation plan by at least 29 days, during which new commissioners for the consolidated district are to be elected.
