Bill Text: NJ S501 | 2010-2011 | Regular Session | Introduced
Bill Title: Expands authority of emergency management departments in requesting assistance outside normal territorial jurisdictions.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-06-21 - Received in the Assembly, Referred to Assembly Homeland Security and State Preparedness Committee [S501 Detail]
Download: New_Jersey-2010-S501-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator JOHN A. GIRGENTI
District 35 (Bergen and Passaic)
Co-Sponsored by:
Senators Sarlo and Allen
SYNOPSIS
Expands authority of emergency management departments in requesting assistance outside normal territorial jurisdictions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning emergency management, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1993, c.58 (C.26:2K-60) is amended to read as follows:
1. In the event of an emergency, the chief executive officer or a designee of any volunteer first aid, ambulance or rescue squad, or any municipal emergency management coordinator, or the mayor or chief executive officer of any municipality may request assistance from the chief executive officer or a designee of any volunteer first aid, ambulance or rescue squad located in and serving another municipality for the protection and preservation of life within the territorial jurisdiction served by the squad, official, or officer requesting the assistance.
The chief executive officer or a designee of the volunteer first aid, ambulance or rescue squad located in and normally serving a contiguous municipality to whom such a request for assistance is made shall, except as hereinafter otherwise set forth, provide such personnel and equipment as requested to the extent possible without endangering any person or property within the municipality in which the assisting squad is located and which it normally serves.
The members of any squad providing assistance shall have, while so acting, the same rights and immunities as they otherwise enjoy in the performance of their normal duties in the municipality, or other territorial jurisdiction, in which the squad is located and which it normally serves.
If any member of the assisting first aid, ambulance or rescue squad shall, in rendering such assistance, suffer any injury or death, the member or his designee or legal representative shall be entitled to all salary, pension rights, workers compensation and other benefits to which the member would be entitled if the casualty or death had occurred in the performance of the member's duties in the municipality, or other territorial jurisdiction, in which the squad is located and which it normally serves.
(cf: P.L.1993, c.58, s.1)
2. N.J.S.40A:14-26 is amended to read as follows:
40A:14-26. In the event of an emergency , the chief or head of any municipal fire department and force, volunteer fire company, municipal police department and force or park police department and force, or first aid or ambulance squad, corps or company, or any municipal emergency management coordinator, or the mayor or chief executive officer of any municipality may request from the chief or the head of the fire department and force or volunteer fire company of any other municipality assistance to protect life and property outside the normal territorial jurisdiction of the department or company to which such request is directed.
The chief or head of the fire department and force [,] or volunteer fire company of any contiguous municipality [,] to whom such a request for assistance is made shall, except as hereinafter otherwise set forth, provide such personnel and equipment as requested to the extent possible without endangering person or property within the municipality [rendering] in which the fire department and force or volunteer fire company normally provides such assistance.
The members of any department and force or company providing assistance hereunder shall have, while so acting, the same powers and authority as have the members of the fire department and force or volunteer fire company of the municipality, or other territorial jurisdiction, in which such aid is rendered. Said members shall also have, while so acting, such rights and immunities as they otherwise enjoy in the performance of their normal duties in the municipality, or other territorial jurisdiction, [rendering] in which the fire department and force or volunteer fire company normally provides such assistance.
Any municipality receiving assistance hereunder shall pay to the fire department and force [,] or volunteer fire company [,] providing the assistance a sum computed at the rate of [$3.00] $3 for each member and [$35.00] $35 for each equipped fire apparatus for each hour supplied unless terms and conditions for payment are otherwise provided for in an agreement between the several municipalities.
Volunteer fire companies of contiguous municipalities shall be required to respond to such requests for assistance only to the extent they have agreed to do so in an agreement with a paid fire department and force or a municipality.
If any member of [such other] the assisting fire department and force [,] or volunteer fire company shall, in rendering such assistance, suffer any casualty or death, he or his designee or legal representative shall be entitled to all salary, pension rights, [workmen's] workers' compensation and other benefits to which such member would be entitled if such casualty or death occurred in the performance of his duties in the municipality, or other territorial jurisdiction, [rendering] in which the fire department and force or volunteer fire company normally provides such assistance.
(cf: P.L.1977, c.400, s.1)
3. N.J.S.40A:14-156 is amended to read as follows:
40A:14-156. In the event of an emergency, the chief or other head of any municipal police department and force or any park police department or system, municipal fire department and force, volunteer fire company, or first aid or ambulance squad, corps or company, or any municipal emergency management coordinator, or the mayor or chief executive officer of the municipality may request [,] from the chief or other head of the police department and force of any other municipality[,] assistance for police aid outside the territorial jurisdiction of the department and force to which such request is directed [for police aid], in order to protect life and property or to assist in suppressing a riot or disorder, and while so acting, the members of the police department and force supplying such aid shall have the same powers and authority as have the members of the police department and force of the municipality in which such aid is being rendered. Said members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality, or other territorial jurisdiction, [rendering] in which the police department and force normally provides such assistance.
The chief or head of the police department and force to whom such a request for assistance is made shall, in the case of a contiguous municipality, provide such personnel and equipment as requested to the extent possible without endangering person or property within the municipality [rendering] in which the department and force normally provides such assistance.
Any municipality receiving assistance hereunder shall pay to the police department and force providing the assistance a sum computed at the rate of [$3.00] $3 for each member and [$5.00] $5 for each vehicle for each hour supplied unless terms and conditions for payment are otherwise provided for in an agreement between the several municipalities.
If any member of [such other] the assisting police department and force in rendering such assistance shall suffer a casualty or death, he or his designee or legal representative shall be entitled to all salary, pension rights, [workmen's] workers' compensation and other benefits to which such member or officer would be entitled if such casualty or death occurred in the performance of his normal duties in the municipality, or other territorial jurisdiction [rendering], in which the department and force normally provides such assistance.
(cf: P.L.1977, c.400, s.2)
4. Section 1 of P.L.1976, c.45 (C.40A:14-156.1) is amended to read as follows:
1. The governing bodies of two or more municipalities may by reciprocal ordinances enter into agreements with each other for mutual police or fire aid or emergency management assistance in case of emergency. Such agreements may provide for:
a. The reimbursement of the municipality or municipalities rendering such aid, for any damage to police or fire equipment or other property, and for payment to any member of a police force or fire department and force or volunteer fire company, or any emergency management official or volunteer, for injuries sustained while serving pursuant to such agreements , or to a surviving spouse or other dependent if death results;
b. A joint meeting of the municipalities entering into such agreements, for the selection of necessary officers or personnel, or for such other matters as are mutually deemed necessary; and
c. The acquisition of lands, and the establishment and maintenance of a central office. Real and personal property so acquired shall be held by such municipalities as tenants in common.
The governing body of a municipality may enter into an agreement with any authority created pursuant to an interstate compact for mutual police or fire aid or emergency management assistance in case of emergency. The agreement may contain provisions similar to the provisions in agreements between municipalities as provided above.
(cf: P.L.1997, c.79, s.1)
5. Section 2 of P.L.1976, c.45 (C.40A:14-156.2) is amended to read as follows:
2. Members of a police force or fire department and force or volunteer fire company, or emergency management personnel, in any municipality entering into any agreement hereunder, while on duty rendering assistance to any other municipality or interstate authority created pursuant to an interstate compact entering into said agreement, shall have the same powers, authority and immunities as have the members of the police force or fire department and force or volunteer fire company, or emergency management personnel, as the case may be, of the municipality in which such assistance is being rendered or of the authority for which such assistance is being rendered.
(cf: P.L.1997, c.79, s.2)
6. Section 3 of P.L.1976, c.45 (C.40A:14-156.3) is amended to read as follows:
3. If any member of a police force or fire department and force or volunteer fire company, or emergency management official or volunteer, summoned pursuant to an agreement to render assistance suffers injury or death in the performance of his duties, he or his designee or legal representative shall be entitled to such salary, pension rights, [workmen's] workers' compensation or other benefits as would have accrued if such injury or death had occurred in the performance of duties in the territorial jurisdiction in which the duties were normally performed.
(cf: P.L.1976, c.45, s.3)
7. This act shall take effect immediately.
STATEMENT
This bill expands the authority of emergency management departments in requesting assistance outside their normal territorial jurisdictions. Under the bill's provisions, any municipal emergency management coordinator would be authorized to request assistance from the chief executive officer or his or her designee of any volunteer first aid, ambulance, or rescue squad; chief or head of the fire department and force or fire company; or chief or other head of the police department and force located in and serving another municipality.
The bill also provides emergency management personnel with the same statutory protections afforded to members of police forces, fire departments and forces, and volunteer fire companies in the event of injury or death while rendering assistance outside of their normal operating jurisdiction. If an individual suffered any injury or death, the individual or the individual's designee or legal representative would be entitled to the salary, pension rights, workers' compensation or other benefits as would be available if the injury or death occurred in the territorial jurisdiction in which the individual normally performed his or her duties.
