SENATE, No. 535

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Senator BASSANO

 

 

An Act concerning mutual police and fire aid agreements and amending and supplementing P.L.1976, c.45.

 

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

 

    1. 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 in case of emergency. Such agreements, in accordance with section 2. of P.L. , c. (C. )(now before the Legislature as this bill), shall provide for the allocation of liabilities for any payments resulting from injuries suffered by any member of a police force or of a paid, part-paid, or volunteer fire department or force, and for any payments to a surviving spouse or other dependent if the member died while rendering mutual aid pursuant to the agreement. The agreement also 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 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.

(cf: P.L.1976, c.45, s.1)

 

    2. (New section) Whenever the governing bodies of two or more municipalities enter into an agreement for mutual police or fire aid pursuant to P.L.1976, c.45 (C.40A:14-156.1 et seq.), they shall, as part of that agreement, agree to an allocating of the liability for any payments and costs resulting from any injuries suffered by members of a police force or of a paid, part-paid or volunteer fire department or force, or from the death of a member while rendering mutual assistance. The liabilities subject to allocation under this section shall include salary, pension rights, workmen's compensation and other employment benefits to which the member, or his designee or legal representative, is entitled.

    The Attorney General, after consultation with the Commissioner of Labor, shall adopt guidelines governing the form and content of the agreement required under the provisions of this section.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require the governing bodies of municipalities which enter into mutual aid agreements for police and fire emergency services to include, as part of that pact, a provision outlining their individual responsibilities for sharing any employee benefit or compensation costs that occur because a police officer or a firefighter is injured or killed while rendering mutual aid service.

    The Attorney General, after consulting with the Commissioner of Labor, is to provide guidelines prescribing the form and content of the agreement for allocating liabilities among the participating mutual aid municipalities.

    Under current law, participating governing bodies are permitted, but not required, to include such a provision in their mutual aid pact.

 

 

 

Requires mutual aid municipalities to enter into certain shared liability agreements.