§40 - Repealer

§41 - Note to

§§1-40.

P.L. 1996, CHAPTER 151, approved December 27, 1996

Senate, No. 1117 (First Reprint)

An Act concerning the New Jersey State Firemen's Association, and amending and repealing various parts of the statutory law.

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

    1. R.S.43:17-1 is amended to read as follows:

    43:17-1. In [the several municipalities and fire districts] any municipality or fire district in this state in which there [now are or hereafter may be] is organized for [and ]doing public fire duty, including nonprofit corporations or associations incorporated pursuant to N.J.S.15A:1-1 et seq., one or more fire engine, hook and ladder, hose or supply companies[,] or any fire association, [or ]fire department or board of firewardens, which [said company or companies, association or department, or firewardens, shall be] is under the supervision or control of [any common council or township committee] a municipal governing body, or board of fire commissioners [or other governing board or body whatsoever, or any salvage corps (provided and maintained by corporations created by virtue of chapter 9 of Title 15, Corporations and Associations Not for Profit [s.15:9-1 et seq.]), or any association of exempt firemen, it shall be lawful for], the chief [engineer, or, if there be no chief engineer, then the fire marshal, or, in case there be neither, then the senior foreman,] or there being no chief, the next highest ranking officer, and [for] the president, if any, of such fire association or department, and all members of any board of firewardens, or board of trustees [or engineers] of such fire association or department, and [also] all [firemen] firefighters belonging to such fire engine, hook and ladder, hose, or supply company or companies, [or salvage corps, and all members of any association of exempt firemen] of such municipality or fire district, [to] may associate themselves [together] and become incorporated under and by the name of "the firemen's relief association," or any other name which shall indicate the object of such association, using the name of the [city, town, borough, township] municipality or fire district in which the [same] association may be located.

(cf: R.S.43:17-1)

    2. R.S.43:17-2 is amended to read as follows:

    43:17-2. The president and secretary of the corporation, when elected as hereinafter provided, shall forthwith sign a certificate and cause it to be recorded in the office of the clerk of the county in which the corporation is located and filed in the [office] Office of the [secretary of state] Secretary of State. The certificate, or a copy thereof, duly certified by the county clerk or the [secretary of state] Secretary of State, shall be evidence in all courts and places. The certificate shall state the election of the representatives authorized to organize the corporation, the election by such representatives of a board of officers and a board of [visitors or] trustees, giving their names and official designations, the corporate name assumed, the location of the corporation and a reference to this article. In case of a reincorporation under this article, the certificate shall, instead thereof, state the former incorporation, the date thereof, the names and official designations of the officers of the corporation and a reference to this article.

    Upon the recording and filing of the certificate the persons so associating shall be a corporation, under and by the name aforesaid and shall have perpetual succession and continuance, except as hereinafter provided, and be capable of suing and being sued, and may make and use a common seal, and alter the same at pleasure, and may receive, take, hold, purchase and convey, or mortgage, invest, and reinvest, real, personal and mixed estate, and may enter into, execute and enforce any contracts or agreements relating to, touching or concerning the objects of such corporation, and they and their successors, and all who shall associate themselves together with them, shall, as such corporation, be entitled to all the rights, powers, privileges, benefits, advantages and immunities which now are or hereafter may be conferred upon corporations generally, under any law of this state.

(cf: R.S.43:17-2)

    3. R.S.43:17-3 is amended to read as follows:

    43:17-3. The object of associations incorporated under this article shall be to establish, provide for and maintain a fund for the relief, support or burial of [indigent exempt firemen] needy firefighters and their families, and [of] any persons and the families of any persons who [may be] are injured or [killed while] die in the course of doing public fire duty, or who may become [indigent or be] needy or disabled or [may die] die as the result of doing such duty or [may] be prevented by the injury or by [sickness] illness arising from [their] doing such duty, from attending to their usual occupation or calling. The relief, support or burial benefit shall be granted in accordance with the rules and regulations adopted by the New Jersey State Firemen’s Association.

(cf: R.S.43:17-3)

    4. R.S.43:17-4 is amended to read as follows:

    43:17-4. Any association organized prior to March twenty-fifth, one thousand eight hundred and eighty-five, for the purposes intended by this article, whether incorporated or not, shall be reorganized and incorporated or reincorporated under this article, except corporations which have been created or continued by special act of the legislature. A corporation incorporated by special act may, if it sees fit, be reorganized and reincorporated under this article. In case of incorporation or reincorporation, the president and secretary shall sign, record and file a certificate as provided in [section] R.S.43:17-2 [of this title]. Thereupon the association or corporation shall be a corporation under this article and shall have all the powers and privileges conferred by this article on corporations formed under it, and no other powers or privileges. A corporation reorganized and reincorporated under this article shall succeed to and be seized of all the right, title and interest in any property belonging to it under its former organization. The representatives, [visitors or] trustees and other officers of any association or corporation reorganized and incorporated or reincorporated under this article, shall continue to serve as such until the election following the reorganization, and until their successors are respectively elected, and not thereafter, and the membership thereof shall be subject to the same conditions and have the same rights as provided in [section] R.S.43:17-9 [of this title]. If any such association or corporation shall not have been reorganized and incorporated or reincorporated under this article within one year after March twenty-fifth, one thousand eight hundred and eighty-five, it shall be deemed to have forfeited its charter.

(cf: R.S.43:17-4)

    5. R.S.43:17-7 is amended to read as follows:

    43:17-7. There shall not be organized in any municipality or fire district having a fire department, company or association more than one relief association under this article. In any municipality or fire district where there is more than one association on the effective date of this act, those associations may continue to operate provided they comply with the provisions of R.S.43:17-1 et seq. and the rules and regulations adopted by the New Jersey State Firemen’s Association.

    In case of the consolidation of any two or more municipalities or fire districts, all relief associations then existing in the municipalities or fire districts shall consolidate by the formation of a new association under this article. Upon its formation, the relief associations so consolidated shall transfer their funds and members to the new association, whereupon the relief associations so consolidated shall dissolve, in accordance with this article.

(cf: R.S.43:17-7)

    6. R.S.43:17-8 is amended to read as follows:

    43:17-8. If any such association forfeits its charter, or the charter is repealed or expires by limitation or the association is dissolved, or if a person has in possession or charge any moneys derived from any source for the relief of [indigent] needy or disabled [firemen] firefighters, or any balance thereof, property purchased therewith or securities in which the same may have been invested, or if any person is indebted for the loan or deposit of such moneys, other than the duly incorporated firemen's relief associations allowed by this article, or the treasurers thereof, then, [upon] the moneys, accounts payable, property or securities shall be delivered to the Treasurer of the New Jersey State Firemen’s Association to be held in trust for needy firefighters or their families. If a new [legal organization and incorporation hereunder of a] firemen's relief association is legally organized and incorporated or reincorporated in such municipality or fire district, there shall forthwith be paid over, assigned and conveyed to the new corporation, any money, accounts payable, property and securities remaining in the possession or charge of [such old] the Treasurer of the New Jersey State Firemen’s Association in trust for the former local association or corporation, or of any person, for its use or otherwise, or any money, property or securities to which it may be entitled, at law or in equity, derived as aforesaid. An account shall be given therewith of all moneys theretofore had and received [by it or them] from such sources and of the disposition thereof. All such moneys expended by it or them, other than for the benefit of [indigent] needy or disabled [firemen] firefighters or their families, shall also be paid over to the new corporation on demand.

(cf: R.S.43:17-8)

    7. R.S. 43:17-9 is amended to read as follows:

    43:17-9. The membership of such corporation shall consist, without any formal election thereto, of the officers and members of such fire engine, hook and ladder, hose and supply company or companies, fire association or fire department, or board of firewardens, as shall be under the supervision or control of the governing board or body of the municipality or fire district and who, at the time of their becoming eligible for membership in the New Jersey State Firemen's Association, shall be not less than 18 years of age and not more than 40 years of age and shall furnish evidence of good health in accordance with such reasonable rules and regulations as the executive committee of the [association] New Jersey State Firemen’s Association shall from time to time establish; [also, such of] the officers and members of any [salvage corps (doing duty therein, which corps is provided and maintained by corporations created by virtue of chapter 9 of Title 15, Corporations and Associations Not for Profit); also of] nonprofit corporations and associations incorporated pursuant to N.J.S.15A:1-1 et seq.; and the officers and members of any association therein of exempt firemen. The whole body of the membership of such corporation shall have the same rights therein as the charter members thereof.

(cf: P.L.1989, c.105, s.1)

    8. R.S.43:17-10 is amended to read as follows:

    43:17-10. A corporation, incorporated or reincorporated under this article may, through its representatives, make, adopt and use, and from time to time alter, amend or change, such constitution or by-laws, or both, and such rules for its government, the regulation of its affairs and the disposition and management of its funds and property as seem to the representatives to be proper. The same shall not be inconsistent with the constitution or laws of the United States or of this state, or the rules and regulations adopted by the New Jersey State Firemen’s Association.

(cf: R.S.43:17-10)

    9. R.S.43:17-11 is amended to read as follows:

    43:17-11. On or before the second Monday in December, in every year, each fire engine, hook and ladder, hose [and] or supply company, and the board of trustees [or engineers] of any fire association or department, and any board of firewardens, which [company or companies, fire association or department, or board of firewardens, shall be] is under the supervision or control of any [common council] municipal governing body, [or township committee, or] board of fire commissioners, [or other governing board or body whatsoever, and each salvage corps (provided and maintained by corporations created by virtue of chapter 9 of Title 15, Corporations and Associations Not for Profit [s.15:9-1 et seq.])] or nonprofit corporations and associations incorporated pursuant to N.J.S.15A:1-1 et seq., and which [company or companies, fire association or department, board of firewardens, or salvage corps, shall be] is organized for and doing public fire [or salvage] duty in any [city, town, borough, township] municipality or fire district in this state, shall choose not more than three representatives, and the exempt firemen's association, if any such there be, shall choose not more than three representatives, who, together with the president, if any, of such fire association or department, and the chief [engineer], or, if there be no chief [engineer], then the [fire marshal, or, in case there be neither, then the senior foreman] next highest ranking officer, shall constitute a board of representatives, and shall have and exercise all the powers and perform all the duties herein committed to them, and shall hold office [for one year after the date of their election and] until their successors be chosen, and until their successors shall meet for the purpose of holding the annual election of officers, as [hereinafter] provided in R.S.43:17-12.

(cf: R.S.43:17-11)

    10. R.S.43:17-12 is amended to read as follows:

    43:17-12. If the by-laws of any firemen's relief association provide for the election, by each of the several companies, associations, or boards [or corps] of which the relief association is comprised, of more than one member of the board of representatives thereof, the firemen's relief association may provide for a rotation in the terms of office of the members of the board of representatives, and at any annual election thereafter, there may be elected one representative for one year, one for two years, and, if deemed desirable, one for three years. Thereafter at each election, one representative shall be elected for the longest term provided for, not exceeding three years, from each company, association, or board [or corps] comprising the firemen's relief association.

(cf: R.S.43:17-12)

    11. R.S.43:17-13 is amended to read as follows:

    43:17-13. The board of representatives shall, on or before the third Monday in December in every year, elect by ballot from among their own number, [or otherwise,] or out of the whole membership of that association a president, vice president, treasurer and a secretary, who shall be the board of officers of the corporation, and not more than five members of a board of [visitors or] trustees.

    At the first election after the incorporation or reincorporation, there shall be elected not less than three nor more than fifteen [visitors or] trustees, who shall then be divided by the representatives, by lot, into three classes, of not more than five persons each, those of the first class to hold office for one year, those of the second class to hold office for two years and those of the third class to hold office for three years after the date of their election, so that one class shall go out of office each year, and [that] in each year after the first election not more than five [visitors or] trustees, who shall hold office for three years after the date of their election, shall be elected at the annual election.

    The [visitors or] trustees may be elected in the same manner and from the same source as the representatives are chosen, in which case they shall be divided by the representatives, by lot, into three classes for the aforesaid terms. When the term of any [visitor or] trustee so elected expires, [his] the successor shall be selected from the same source as that from which [he was] the trustee was chosen, and shall hold office for three years after the date of [his] the election.

    All of the [visitors or] officers and trustees shall hold office until their respective successors are elected.

(cf: R.S.43:17-13)

    12. R.S.43:17-14 is amended to read as follows:

    43:17-14. The [secretary] officers shall, upon [his] their election, take an oath of office for the faithful performance of [his duty]their duties. [The oath shall be administered by the president.]

(cf: R.S.43:17-14)

    13. R.S.43:17-15 is amended to read as follows:

    43:17-15. The treasurer and [collector] officers of every firemen's relief association, organized or working under this article, shall in each year, upon assuming [his] their office, [give to the association] be covered by a bond for the faithful discharge of [his] their duties, with a surety company authorized to do business in this state as surety thereon, in a sum at least equal to the amount of money and convertible securities that may be in or coming into [his] their hands, control or custody as such [officer, and also for as much more as the board of representatives or other governing body deems is apt to come to his hands during his term of office, in excess of the amount on hand. The cost of the bond shall be paid by the association] officers. The bond shall be procured, maintained and paid by the New Jersey State Fireman’s Association.

    The [commissioner of banking and insurance]Treasurer of the New Jersey State Fireman’s Association shall be the custodian of [all] the official bond or bonds provided for in this section, [when they are deposited with him by the auditor of the New Jersey state firemen's association, for the proper use and benefit of the firemen's association to which the bonds are made payable] and shall forward copies to the Commissioner of Insurance.

    [When it is necessary for the auditor to obtain bonds or renewals thereof because a local relief association fails to do so, or for any other reason, the state tax commissioner, on being notified by the auditor, and upon certification by the commissioner of banking and insurance, shall pay for the same out of money in or coming to his hands from the two per cent on premiums paid for insurance placed by foreign insurance companies on property in this state, and charge the amount so paid to the association for which the bond is obtained or renewed and deduct the same from the amount that would be coming to the association in the next pro rata distribution of the funds.]

(cf: R.S.43:17-15)

    14. R.S.43:17-17 is amended to read as follows:

    43:17-17. A majority of the board of representatives or of the board of [visitors or] trustees, as the case may be, shall constitute a quorum at the meetings of the respective boards.

(cf: R.S.43:17-17)

    15. R.S.43:17-18 is amended to read as follows:

    43:17-18. No person shall at one time serve on the board of representatives and the board of [visitors or] trustees. If elected to both he shall resign one or the other, as he sees fit. [Each board may, however, delegate one of its number to sit with the members of the other board.]

(cf: R.S.17-18)

    16. R.S.43:17-19 is amended to read as follows:

    43:17-19. The board of [visitors or] trustees shall once in each year, immediately after the election of the new members thereof, elect, by ballot, a [chairman] chairperson and secretary.

(cf: R.S.43:17-19)

    17. R.S.43:17-20 is amended to read as follows:

    43:17-20. The board of representatives shall be convened by its president at least [twice] five times a year and when [he] the president thinks proper or is requested so to do by a majority of the representatives.

    The board of [visitors or] trustees shall be convened by its [chairman] chairperson at least twice a year and when [he] the chairperson thinks proper or is requested so to do by any [visitor or] trustee.

    The representatives may provide in their by-laws for regular stated meetings of the representatives and the [visitors or] trustees.

(cf: R.S.43:17-20)

    18. R.S.43:17-21 is amended to read as follows:

    43:17-21. If a vacancy occurs in the office of representative, it shall be filled forthwith by the company, association[, ] or board [or corps] by which [he] the representative was elected, for the remainder of the term for which he was elected, at a special election held for that purpose.

(cf: R.S.43:17-21)

    19. R.S.43:17-22 is amended to read as follows:

    43:17-22. If a vacancy occurs in the office of president, vice president, treasurer, secretary or [visitor or] trustee, it shall be filled forthwith for the remainder of the term by the representatives [or the company, association, board or corps by which he was elected,] at a special election held for that purpose.

(cf: R.S.43:17-22)

    20. R.S.43:17-23 is amended to read as follows:

    43:17-23. The secretary and treasurer shall report to the board of representatives at its annual meeting and shall also report [to such board or to the board of visitors or trustees] when requested[ so to do by either of them].

(cf: R.S.43:17-23)

    21. R.S.43:17-24 is amended to read as follows:

    43:17-24. All applications for assistance shall be referred to the [visitors or] trustees for their [inspection] investigation and approval [and they shall dispose of the relief fund of the corporation, within such limit and according to such rules and regulations as the board of representatives, from time to time, establishes. No bill therefor shall be contracted or paid or assistance given, without the approval of at least two of the visitors or trustees, who shall issue a warrant to the treasurer for the amount they deem necessary therefor. The warrant shall, before payment, be countersigned by the president. No person shall be given assistance if the cause of the indigence or the reason for the disability or the nature or cause of the injury or sickness is not, in the opinion of a majority of the visitors or trustees, such as to entitle him to the assistance, nor if, in the opinion of a majority of the visitors or trustees, the applicant is deemed unworthy of assistance. The visitors or trustees may refuse assistance if, upon inquiry, they deem the applicant not to be in real need thereof] or disapproval. The trustees shall report their findings and recommendations to the board of representatives which may adopt or approve the same, or make its own determination in accordance with the provisions of R.S.43:17-35 and the rules and regulations adopted by the Executive Committee of the New Jersey State Firemen’s Association.

    No person shall be given assistance if the cause of the need or the reason for the disability or the nature or cause of the injury or sickness is not in the opinion of the board of representatives such as to entitle the applicant to assistance, or if the applicant is deemed financially unworthy of assistance.

(cf: R.S.43:17-24)

    22. R.S.43:17-25 is amended to read as follows:

    43:17-25. [Except as provided in section 43:17-24 of this title, the] The management of the business and affairs, the custody of the property and the disposal of the funds and property of the corporation shall be [intrusted] entrusted to the board of representatives thereof in accordance with R.S.43:17-35 and the rules and regulations adopted by the New Jersey State Firemen’s Association.

(cf: R.S.43:17-25)

    23. R.S.43:17-26 is amended to read as follows:

    43:17-26. The board of representatives may, at any meeting thereof, inquire into [and control the application of the funds and property of the corporation and suspend any visitor or trustee or officer, if it judges him to be guilty of misconduct or malfeasance in office, until a trial thereof can be had] the applications for relief or payment thereof, the funds from which relief is available or paid, and shall oversee and control the funds, money and property of the corporation and ensure its proper allocation, disbursement or management in accordance with R.S.43:17-35 and the rules and regulations adopted by the New Jersey State Firemen’s Association.

    If the board of representatives determines there is a violation thereof, the board of representatives may suspend any trustee or officer pending a hearing by the board of representatives to determine if there are grounds for a charge of misconduct, malfeasance in office or violation of any law or the rules and regulations adopted by the New Jersey State Firemen’s Association.

(cf: R.S.43:17-26)

    24. R.S.43:17-27 is amended to read as follows:

    43:17-27. If any [representative,visitor] member of the board of representatives, or trustee or any officer is charged with misconduct or malfeasance in office[, the charge shall forthwith be investigated by the company, association, board or corps by which he was elected. If, on a trial thereof, at which he may be heard in his own behalf or by counsel, he is found guilty, the company, association, board or corps shall declare his office vacant and fill the vacancy as hereinbefore provided] or charged with a violation of any law or the rules and regulations adopted by the New Jersey State Firemen’s Association, such person shall immediately be served with a copy of the complaint, including charges and specifications. The charges shall then be investigated by a member or committee of the membership of the local relief association elected thereby and a report of the investigation shall be submitted thereto. If the association by a majority vote of the membership present determines that there is probable cause that an offense has been committed or there is misconduct or malfeasance in office, then a hearing shall be conducted.

    The person or persons charged may be represented in person or by an attorney-in-fact or attorney-at-law, and may examine, cross-examine, or present witnesses or testimony, and written or oral evidence. The hearing before the membership shall be conducted by an officer or other designated person selected by the association, and at the conclusion of the hearing the officer or such duly selected person shall make findings and recommendations which shall be submitted to the membership. A majority vote shall determine the guilt or innocence of the person or persons charged and any penalty to be imposed. If any person is found guilty of misconduct or malfeasance in office, the association or board of representatives may declare the office vacant and fill the vacancy as hereinbefore provided.

    If the association or board of representatives does not take action to charge any person with a violation of law or the rules and regulations adopted by the New Jersey State Firemen’s Association or for misconduct or malfeasance in office, the New Jersey State Firemen’s Association may take such action or declare the association out of accord, seize control of all assets thereof in accordance with the rules and regulations adopted by the New Jersey State Firemen’s Association, and take necessary action to protect and preserve the funds or property of the association.

(cf: R.S.43:17-27)

    25. R.S.43:17-29 is amended to read as follows

    43:17-29. Each firemen's relief association may pay to [such] the delegates, life members and chief [of the department] or the next highest ranking officer as shall attend and represent it and to [such] each delegate [as] who shall attend and represent the local exempt firemen's association [in] at the annual [conventions] convention of the New Jersey State Firemen's Association the [actual expense] cost incurred by them for [railroad fares and hotel bills, upon their being presented and audited by the finance committee of the local firemen's relief association] travel, lodging, and other expenses as determined by the executive committee of the New Jersey State Firemen’s Association in accordance with R.S.43:17-35 and the rules and regulations adopted by the New Jersey Firemen’s Association. Nothing contained in this article shall authorize the payment of such expenses a second time to any delegate [from a local exempt firemen's association who also represents a firemen's relief association, or to any delegate who so attends and represents a local exempt firemen's association which has procured the transfer of funds as authorized by law from the custody and control of a local firemen's relief association].

(cf: R.S.43:17-29)

    26. R.S.43:17-31 is amended to read as follows:

    43:17-31. On or before [April first] February 10th in every year, each local firemen's relief association, however incorporated, shall [cause to be filed] file a financial report with the [secretary of state a sworn statement showing]field examiner of the New Jersey State Firemen’s Association who then shall file a sworn statement with the Secretary of State on or before May 1st showing:

    a. The names of its representatives, [visitors or] trustees and other officers, and the amount of their respective fees or salaries, if any;

    b. The names of [its beneficiaries] the applicants approved for relief during or within the year [next] preceding the statement and the amount of money paid to each of them;

    c. The receipts and expenses during the year, which [expenses] shall be stated in detail; and

    d. The amount of money or other property in its possession at the date of making the statement and how the money is invested or secured [or] and where it is deposited.

    [A sworn duplicate of the statement shall, at the same time, be filed with the secretary of the New Jersey State Firemen's Association. The executive committee thereof shall forthwith make an examination of the statement to determine whether the local association has complied with the requirements of this chapter relating thereto.]

    The executive committee shall cause an examination to be made of the local association and shall file a biannual report, certified by an accountant licensed by the State of New Jersey, with the Department of Insurance. The report shall provide the following: (1) a statement of the plan and procedures for the examination and report; (2) reasonable assurances that each local association's financial statement is free of material misstatements; (3) material instances of non-compliance or failures to follow State statutes, regulations, or policies and the rules and regulations of New Jersey State Firemen's Association; (4) information to provide for the economical, fair, and non-discriminatory administration and efficient provisions for protection of the assets of the local association.

    The statement of the plan and procedures shall be prepared by the executive committee of the New Jersey State Firemen's Association and be filed with the Department of Insurance. The plan or the procedures may be amended from time to time.

    The report shall be filed with the Treasurer of the New Jersey State Fireman's Association and the Department of Insurance on or before

June 1.

(cf: R.S.43:17-31)

    27. R.S.43:17-32 is amended to read as follows:

    43:17-32. When a volunteer organization has been or shall hereafter be organized, reorganized, [and] or reincorporated under [this article] R.S.43:17-1 et seq., in any municipality wherein the authorities shall have established fire limits and enacted ordinances for the violation of the building laws therein, all fines and penalties imposed by these ordinances shall be sued for and recovered by, and in the name of, the firemen's relief association of the municipality, before any court of competent jurisdiction. When recovered, the penalties shall be paid to the treasurer of the firemen's relief association of the municipality for the use and benefit of the relief association.

(cf: R.S.43:17-32)

    28. R.S.43:17-33 is amended to read as follows:

    43:17-33. No firemen's relief association, however incorporated, shall invest its moneys in any manner, except as follows:

    a. In stocks or bonds or interest-bearing notes or obligations of the United States, or those for which the full faith of the United States is distinctly pledged to provide for the payment of the principal and interest thereof;

    b. In interest-bearing bonds of this State;

    c. In bonds of any State of the United States that has not, within ten years previous to making the investment, defaulted in the payment of any part of principal or interest of any debt authorized by any law of that State to be contracted;

    d. In stocks or bonds of any [municipality or county] governmental entity of this State or any other State of the United States, which have been or may be issued pursuant to a law of that State, and in any interest-bearing obligations issued by [the municipality or county] a governmental entity in which the relief association is situated. No investment shall be made under this paragraph if that [municipality or county] governmental entity has, within ten years previous to making the investment by the relief association, defaulted in the payment of any part of principal or interest of any debt authorized by the Legislature of that State to be contracted or if the total indebtedness of that [municipality or county]governmental entity is not limited by law to ten per centum (10%) of its assessed valuation;

    e. [In bonds secured by mortgages, which are first liens on real estate situate in this State and worth at least double the amount loaned thereon, but not to exceed eighty per centum (80%) of all the moneys of the association shall be so loaned or invested. If the loan is on unimproved or unproductive real estate, the amount loaned thereon shall not be more than thirty per centum (30%) of its actual value. No investment shall be made by any firemen's relief association, except upon a favorable report of a committee of at least three of the members of the board of representatives of the relief association, a majority of which committee shall certify to the value of the premises mortgaged or to be mortgaged, according to their best judgment. The report shall be filed and preserved among the records of the association;] Deleted by amendment, P.L. , c. (now pending before the Legislature as this bill)

    f. In such real estate only as has been or may hereafter be purchased by the association at sales upon the foreclosure of mortgages owned by the association, or upon judgments or decrees obtained or rendered for debts due to it, or in settlements effected to secure such debts. All this real estate shall be sold by the corporation within five years after the real estate is so purchased, unless upon application to the executive committee of the New Jersey State Firemen's Association further time is given by the committee in which to sell the real estate or any part thereof;

    g. [In shares of or accounts in savings and loan associations organized under the laws of this State, or Federal savings and loan associations organized under the laws of the United States, the principal office of which is located in New Jersey; provided, that the accounts of the association whether State or Federally chartered are insured by the Federal Savings and Loan Insurance Corporation, pursuant to Title 4 of an Act of Congress entitled "National Housing Act"; approved June twenty-seventh, one thousand nine hundred and thirty-four (12 U.S.C.A. s. 1724 et seq.), supplemented or amended, or by any other corporation created or organized under the laws of the United States, which corporation is an instrumentality of the United States; provided, however, that such investment shall not exceed the aggregate amount for which any member or investor of any such association shall be insured.]Deleted by amendment, P.L. , c. (now pending before the Legislature as this bill)

    h. In bonds, stocks, accounts or other financial instruments of any State or Federal financial institutions organized and existing under the laws of the State of New Jersey or the United States of America, provided the bonds, stocks, accounts or other financial instruments are insured or guaranteed by the State of New Jersey or the United States Government, or any agency or instrumentally of either or both.

    i. All investments authorized pursuant to this section shall be in the name of the local relief association.

(cf: P.L.1953, c.75, s.1)

    29. R.S.43:17-34 is amended to read as follows:

    43:17-34. A violation of any provision of [section] R.S.43:17-33 [of this title], by any or either of the members of the boards of officers or representatives, or other officers of the firemen's relief association, shall be a [ misdemeanor and any person so offending shall be punished by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars or imprisonment for a term not exceeding two years, at the court's discretion]crime of the fourth degree.

(cf: R.S.43:17-34)

    30. R.S.43:17-35 is amended to read as follows:

    43:17-35. Any funds heretofore or hereafter received and held by a relief association organized and existing under this article, from any source, may be used for the relief, support and maintenance of [exempt, paid or volunteer firemen] qualified firefighters and their dependents, not only during the lives of the [firemen] firefighters but after their death, in accordance with such reasonable rules and regulations in regard thereto as the executive committee of the New Jersey State Firemen's Association from time to time establishes. The executive committee may make and establish, alter, amend and supplement these rules and regulations, may put into effect and alter, from time to time, [such] the methods of administration as may best accomplish such results and may provide for the restoration of the funds of any local relief association diminished by payments made [either] by an assessment levied by the executive committee [upon other associations] in such equitable manner as it prescribes[ or by direction to and requisition upon the state tax commissioner respecting the funds received by him from the tax on the premiums of fire insurance in foreign insurance companies.

    Nothing in this chapter shall be construed to prevent the payment by any such association of funeral or death benefits out of any funds to the natural beneficiaries of any fireman dying after March eleventh, one thousand nine hundred and twenty-two, in such amount and subject to such rules and limitations as the executive committee from time to time establishes].

(cf: R.S.43:17-35)

    31. R.S.43:17-37 is amended to read as follows:

    43:17-37. A local firemen's relief association, incorporated or reincorporated under this article may be dissolved at any meeting thereof by a vote, by written or printed ballot, of two-thirds of the members present and voting in favor thereof. Notice of the meeting, and of the purpose thereof, signed by at least ten of the members, shall have been mailed to each person entitled to vote thereat at least twenty days prior thereto and published for three weeks successively, once in each week, in a newspaper circulating in the neighborhood where the association is located. Notice of the dissolution shall be filed forthwith with the [secretary of state] Secretary of State and the secretary of the [state association] New Jersey State Firemen’s Association.

(cf: R.S.43:17-37)

    32. R.S.43:17-39 is amended to read as follows:

    43:17-39. Nothing contained in this chapter shall be deemed to repeal the charter of any incorporated association, or to dissolve any voluntary association, organized, prior to March twenty-fifth, one thousand eight hundred and eighty-five, by the exempt [firemen] firefighters of any city, or by the volunteer [firemen] firefighters therein, previous to, at or about the time [of] for the organization therein of a paid fire department, or to prevent the incorporation of any such associations. This chapter shall not apply to or affect in any manner any funds which have been or may be accumulated by any such associations.

(cf: R.S.43:17-39)

    33. R.S.43:17-41 is amended to read as follows:

43:17-41. The New Jersey State Firemen's Association organized pursuant to an act entitled "An act concerning firemen's relief associations," approved March twenty-fifth, one thousand eight hundred and eighty-five (L.1885, c.122, p.144), and the amendments thereof and supplements thereto, is continued as heretofore, and there shall not be more than one such state association.

    The delegates and alternates of the local firemen's relief associations, elected as hereinafter provided, and the chief [engineer, senior foreman, fire marshal or other like] or next highest ranking officer [of the fire department], representing the local relief associations, together with the delegates and alternatives from exempt firemen's associations of this [state] State, elected as hereinafter provided, and those recognized by the [state firemen's associations] New Jersey State Firemen’s Association, or who may hereafter be elected by it as life members under its by-laws and constitution, so long as they remain members, and the officers of the [state association]New Jersey State Firemen’s Association, shall conduct the affairs of the [state firemen's associations] New Jersey State Firemen’s Association.

    The [state association]New Jersey State Firemen’s Association shall have the same rights, powers and privileges as the local firemen's relief associations, [except that of sharing in] including providing for the distribution of any fund for the relief of [indigent or disabled firemen] disabled or needy firefighters and their families. The expense of maintaining the [state association] New Jersey State Firemen’s Association shall be borne equally by all of the local firemen's relief associations in accordance with the rules and regulations adopted by the New Jersey State Firemen’s Association.

(cf: R.S.43:17-41)

    34. R.S.43:17-42 is amended to read as follows:

    43:17-42. On or before [September first] June 1st in each year, the board of representatives of each duly incorporated local firemen's relief association in this [state] State shall choose, out of the whole body of the membership thereof, three delegates to the convention or meetings of the [state association] New Jersey State Firemen’s Association and three alternates, one or more of whom shall act in the place of any delegate [or delegates] so chosen who may be unable to attend the convention or [meeting] meetings of the [state association]New Jersey State Firemen’s Association. They, together with the chief [engineer], or if there is no chief [engineer, then the fire marshal, or if there is neither, then the senior foreman or other like] the next highest ranking officer, shall represent the [corporation] local association at the conventions or meetings of the New Jersey State Firemen's Association.

(cf: R.S.43:17-42)

    35. R.S.43:17-43 is amended to read as follows:

    43:17-43. On or before [the second Wednesday in April] June 1st in every year, each duly incorporated exempt firemen's association shall choose, by ballot, one delegate and one alternate who shall act in the place of the delegate who may be unable to attend the convention or meeting of the New Jersey State Firemen’s Association out of the whole body of the membership thereof, who shall represent and vote for the local [corporation] exempt firemen’s association at the convention or meetings of the New Jersey State Firemen's Association. This delegate or alternate shall have the same rights, powers and privileges as the delegates elected to the [state association] New Jersey State Firemen’s Association by the local firemen's relief associations.

(cf: R.S.43:17-43)

    36. R.S.43:17-44 is amended to read as follows:

    43:17-44. At each annual [meeting or] convention of the New Jersey State Firemen's Association, there shall be [chosen] elected, by ballot, a president, vice president, secretary, treasurer, first assistant secretary, second assistant secretary, executive committee and such other officers as the constitution and by-laws adopted by the [state association] New Jersey State Firemen’s Association require. The president, secretary and other officers and such other persons or committees as the constitution and by-laws of the [state association] New Jersey State Firemen’s Association provide, shall constitute the executive committee of the [state association] New Jersey State Firemen’s Association. The president and secretary, after each election, shall file [in the office of the commissioner of banking and insurance] with the Commissioner of Insurance a sworn statement of the fact of the election and of the names of the [president, secretary and other] officers so [chosen] elected. The first certificate filed after March twenty-fifth, one thousand eight hundred and eighty-five, which contained a reference to the act entitled "An act concerning firemen's relief associations," approved March twenty-fifth, one thousand eight hundred and eighty-five (L.1885, c.122, p.144), stated the intention to incorporate thereunder and had thereon an impression of the common seal of the [state association] New Jersey State Firemen’s Association shall be deemed to be the certificate of incorporation of the [state association] New Jersey State Firemen’s Association.

    The executive committee of the New Jersey State Firemen’s Association has the power to adopt and revise the constitution and by-laws from time for time in accordance with R.S.43:17-35.

    At each annual convention the [state association] New Jersey State Firemen’s Association may adopt for its use and government [such] any amendment submitted by any local association or the executive committee to amend the constitution and by-laws as seem best for its uses and purposes.

(cf: R.S.43:17-44)

    37. R.S.43:17-45 is amended to read as follows:

    43:17-45. The executive committee of the New Jersey State Firemen's Association shall have the supervision and power of control of the funds and other property of all firemen's relief associations, shall see that the same are properly guarded and legally invested and expended and shall examine the annual reports of each association. It shall report to the [commissioner of banking and insurance] Commissioner of Insurance, on or before June [tenth] 10th in each year, a list of all associations which have complied with the law in all respects. Only associations so reported shall be entitled to the pro rata share of the moneys [in the commissioner's hands] arising from the two per cent on premiums.

(cf: R.S.43:17-45)

    38. R.S.43:17-46 is amended to read as follows:

    43:17-46. For the purpose of proper supervision and control of the funds and property of the local firemen’s relief associations, the executive committee may, each year, elect [an auditor] ¹a¹ field examiner, who shall, by virtue of his office, be a member of the executive committee. [He] The field examiner shall examine the books, bonds and property of any association whenever it may seem necessary for the proper care, safety and custody of the funds and property thereof, and for that purpose may demand and receive, for examination, all bonds and papers necessary to a full and fair examination thereof.

    [He may obtain and renew the bonds of any treasurer and collector of any association whose officers neglect or refuse to procure the official bond required by section 43:17-15 of this title and shall report to the state tax commissioner any association which fails to procure the bonds. When he shall have obtained or renewed the bonds he shall notify such commissioner and have the expenses thereof paid by the commissioner as provided in said section 43:17-15.]

(cf: R.S.43:17-46)

    39. R.S.43:17-47 is amended to read as follows:

    43:17-47. On or before June [first] 1st in each year, the [secretary] field examiner of the [state association] New Jersey State Firemen’s Association shall file in the [office] Office of the [secretary of state] Secretary of State a sworn certificate, countersigned by the president of the [state association] New Jersey State Firemen’s Association, stating the name and address of the treasurer of each local firemen's relief association which has complied with the requirements of this chapter.

    No firemen's relief association[, incorporated by special act, nor] or any of the officers thereof, shall share in the distribution of or be entitled to have or receive any part of any fund for the relief of [indigent] needy or disabled [firemen] firefighters, unless [it and they] the association and officers shall have complied with [the provisions of section] R.S.43:17-31, [of this title] and shall be so certified to the [secretary of state] Secretary of State. [No other firemen's relief association, nor any of its officers, shall share in such distribution or be entitled to have or receive part of any such fund, unless it and they shall have complied with the requirements of this chapter and shall be so certified to the secretary of state.]

(cf: R.S.43:17-47)

    40. The following sections are repealed:

    R.S.43:17-48

    R.S.43:17-49

    R.S.43:17-50

    R.S.43:17-51 

    R.S.43:17-52

    R.S.43:17-53

    R.S.43:17-54

    41. This act shall take effect on the first day of the third month after enactment.

Revises statutes regulating operations of the New Jersey State Firemen's Association.