ASSEMBLY, No. 1295
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman GREENWALD
An Act concerning certain mutual assistance agreements; supplementing chapter 14 of Title 40A of the New Jersey Statutes and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The chief law enforcement officers of any two contiguous municipalities may enter into a mutual assistance agreement for police services. Consistent with the provisions of N.J.S.40A:14-156, the agreement may provide for the rendering of mutual law enforcement assistance in order to protect life and property, to assist in the suppression of riot or disorder, or to perform routine law enforcement activities and functions. The members of the law enforcement agency providing such mutual assistance shall have the same police powers and authority in the contiguous municipality as in their own and shall have all the rights and immunities they normally enjoy in the performance of their law enforcement duties. In the event of casualty or death, a law enforcement officer providing mutual aid under the provisions of this act, or his designee or legal representative, shall be entitled to all salary , pension rights, workmens's compensation and other benefits to which he would have been entitled if that casualty or death had occurred in the performance of his normal duties in his employer municipality.
An agreement entered into under this section need not be in writing, nor shall it require any formal action by the governing bodies of the two contiguous municipalities in order to be valid and in force. The chief law enforcement officers of the contiguous muncipalities, however, shall notify the governing body of their municipality that they have entered into such a mutual aid agreement for police services. The governing body of either municipality may, after giving notice to the governing body of the other participating municipality, nullify any such mutual aid agreement by resolution.
2. a. There is created in the Department of Treasury a nonlapsing, revolving fund entitled the "Mutual Assistance Agreement for Police Services Grant Fund." This fund shall be the depository for any appropriations, grants or other moneys provided to carry out the purposes of this act. Interest earned on these depositions shall accrue to the fund. The moneys deposited in the fund shall be used exclusively for grants to assist contiguous municipalities as provided in subsection b. of this section.
b. Any two contiguous municipalities which enter into a mutual aid agreement of police services under the provisions of this act may apply to the Attorney General for a grant to purchase communications equipment. The application shall set forth the reasons why such communications equipment is necessary in order to effectuate the mutual aid agreement. The maximum grant the applicant municipalities may receive under this subsection is $50,000.
c. Application for grants shall be made in a manner prescribed by the Attorney General pursuant to the "Administrative Procedure Act." P.L.1968, c.410 (C.52:14B-1 et seq.). The Attorney General shall establish such other rules and regulations as are necessary to carry out the purpose of this act, including rules for the allowable uses of grant funds, the allocation of funds among grantees, and the accountability of grantees for funds received.
3. There is appropriated $1,000,000 to the Department of Law and Public Safety for deposit in the Mutual Assistance Agreement Program for Police Services Grant Fund to carry out the purposes of this act.
4. This act shall take effect immediately.
STATEMENT
This bill codifies a recent appellate court decision (State v. Montalvo, 280 N.J. Super. 377) which upheld the validity of informal mutual assistance agreements between contiguous municipalities.
Under the provisions of this bill, the chief law enforcement officers of any two contiguous municipalities may enter into a mutual assistance agreement for police services. The agreements do not have to be in writing, nor do they require any formal action on the part of the governing bodies of the two municipalities in order to be valid. The bill requires, however, that the governing bodies of the municipalities be informed of the agreement and authorizes those governing bodies to nullify any such agreements, after giving notice, by resolution.
The participating law enforcement agencies would provide assistance to each other to protect life and property, to assist in the suppression of riot and disorder, and to perform routine law enforcement activities and duties.
The bill specifies that the participating law enforcement officers have all the powers, authority, rights and immunities in the contiguous municipalities that they have in their employing municipality.
In addition, the bill establishes a "Mutual Assistance Agreement for Police Services Grant Fund." The moneys in the fund are to be distributed as grants to municipalities which have entered into mutual assistance agreements under the bill. The grants, which may not exceed $50,000, are to be used to purchase communications equipment. In applying for these grant moneys, the applicant municipalities must explain why they need the communications equipment.
Finally, the bill appropriates $1,000,000 to the grant fund.
Clarifies procedures for informal mutual assistance agreements between law enforcement agencies in contiguous municipalities; establishes a grant program; appropriates $1 million.