Bill Text: NJ A3818 | 2022-2023 | Regular Session | Amended
Bill Title: Designates specific dates for special fire district elections.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-06-09 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A3818 Detail]
Download: New_Jersey-2022-A3818-Amended.html
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman KEVIN J. ROONEY
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Designates specific dates for special fire district elections.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on June 9, 2022, with amendments.
An Act designating specific dates for special fire district elections1, amending various parts of the statutory law,1 and supplementing chapter 14 of Title 40A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1(New Section)1 a. The board of fire commissioners may call a special election of the legal voters of the fire district on only the fourth Tuesday in January, the second Tuesday in March, the last Tuesday in September, or the second Tuesday in December when in its judgment the interests of the fire district requires such an election. The board of fire commissioners shall give the municipal clerk or clerks, as the case may be, and the county board of elections no less than 60 days' notice, in writing, of its intention to hold a special election.
1b. In the event of an emergency, an emergency special election may be held on any date, except a period of religious observance, pursuant to the provisions of subsection b. of P.L.1971, c.197 (C.40A:14-82) and subsection b. of N.J.S.40A:14-85.1
1[b.] c.1 No business shall be transacted at any special election except such as shall have been set forth in the notices by which the election was called.
1[c.] d.1 The Commissioner of the Department of Community Affairs may change in any year any date authorized for a special fire district election pursuant to subsection a. of this section if that date coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers. The Commissioner shall inform local fire districts, municipal clerks, county clerks, and boards of election of the adjustment no later than the first working day in January of the year in which the adjustments are to occur.
As used in this section, "a period of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on an individual's ability to vote.
12. Section 1 of P.L.1971, c.197 (C.40A:14-82) is amended to read as follows:
1. a. The board of
commissioners of a fire district having a uniformed paid or part-paid fire
department, by resolution, may adopt a schedule of hours of actual duty for the
members of such district fire department based upon an average of 56 hours per
week in any 6-week cycle, but in cases of emergency the official in
charge shall have authority to retain any uniformed member on duty during the period of the emergency and in any such case and within 12 months thereafter such member shall be given hours off from the average 56 hours per week in any 6-week cycle to compensate him for the extra hours served by him during such emergency.
Any such resolution shall be inoperative unless and until it shall have been submitted to and adopted by the legal voters within said fire district at the annual election held for commissioners of the board, or at a special election for such purpose. If a special election is called for this purpose, it shall be held at a date specified under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). If a special election is called for this purpose in an emergency, an emergency special election shall be held at a date specified under paragraph 2 of subsection b. of this section.
The resolution shall be submitted as a public question in the manner prescribed by law, by resolution of said board, or by filing with the clerk of the board of fire commissioners of such district a petition for such submission, signed by at least 20% of the legal voters who voted in the next preceding annual election for members of the board of fire commissioners.
The question shall be submitted substantially as follows:
"Insert the name and number of the fire district and state the question as to whether the fire department of the district shall be maintained in such manner as to provide that no uniformed member thereof shall be required to remain on duty in excess of 56 hours per week in any 6-week cycle except in cases of emergency."
If a majority of the legal voters voting on such question vote in favor of the adoption, the resolution on and after January 1 following such election shall become operative.
b. Any resolution required pursuant to this section shall be written or printed and the election shall be upon notice stating the time and place.
(1) If said election is to be the annual one or a special election held on a date established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the notices shall be posted by the clerk of the board of fire commissioners in 10 public places, at least 10 days prior to the date of the election. The board of commissioners and the clerk, in their or his discretion, may advertise the election in a newspaper, published in the fire district, if any, otherwise in a newspaper published in the county of said district and circulating in such district.
(2) When an emergency special election is specified, notices shall be posted by the clerk of the board of fire commissioners in 10 public places, at least 21 days prior to the date of election, and the clerk of said board shall advertise said notice in such a newspaper at least twice prior to the election date.1
(cf: P.L.1971, c.197, s.1)
13. N.J.S.40A:14-84 is amended to read as follows: 40A:14-84. a. For a fire district that holds its annual election at a time other than at the time of the general election, the legal voters, at a regular meeting or at a special meeting called by the commissioners of the fire district, may vote to raise money for a firehouse, fire engines, apparatus, or other appliances for the extinguishment of fires and acquire lands or buildings or erect buildings for the housing of such equipment, or other buildings, including but not limited to, administrative, communications, or training buildings, or buildings for the maintenance of fire apparatus, in an amount not exceeding 5 mills on the dollar of the last assessed valuation of the property in the fire district. The amount so voted for shall be included in the next succeeding annual budget of the fire district under the section for capital appropriations, or in the annual budget for the current year if so indicated in that section for that year. Voting shall be open between the hours of 6:00 P.M. to 9:00 P.M., but the board may designate a later closing hour on the same day, and the board shall take any necessary action to ensure the secrecy and privacy of the casting of votes.
Any such special meeting shall be called on 10 days' notice by the board of fire commissioners, to be posted in five public places in the district, setting forth the time, place and object of the meeting and the legal voters shall determine the amount of money to be raised.
b. (1) For a fire district that holds its annual election at the time of the general election, the board of fire commissioners of a fire district, at a regular meeting or at a special meeting called by the commissioners of the fire district, may, by resolution adopted by a vote of not less than 2/3 of the full membership thereof, raise money for a firehouse, apparatus, appliances, land or buildings in connection therewith for fire extinguishing purposes, including but not limited to administrative or training buildings, in an amount not exceeding 5 mills on the dollar of the last assessed valuation of the property in the fire district. The amount so adopted shall be included in the next succeeding annual budget of the fire district under the section for capital appropriations, or in the annual budget for the current year if so indicated in that section for that year.
(2) (a) Prior to such meeting, the resolution, or a summary thereof, shall be published together with notice of the time and place of the meeting, the opportunity of the public to be heard at the meeting, and the availability of copies of the resolution to the members of the general public of the fire district from the date following such publication up to and including the date of the meeting. If a summary is published, the summary shall contain a clear and concise statement prepared by the clerk of the board of fire commissioners setting forth the purpose of the resolution and the amount to be raised by the additional levy being authorized.
(b) If the resolution is to be adopted at a regular meeting, the clerk of the board of fire commissioners shall, at least 10 days prior to the date of the meeting, post the information required to be published pursuant to this subsection in five public places in the fire district, and shall advertise this information in a newspaper, published in the fire district, if any, otherwise in a newspaper circulating in the district.
(c) If the resolution is to be adopted at a special meeting, the clerk shall, at least 21 days prior to the date of the meeting, post the information required to be published pursuant to this subsection in five public places in the fire district, and shall advertise this information in a newspaper, published in the fire district, if any, otherwise in a newspaper circulating in the district. The clerk shall, not more than 20 days and at least 10 days prior to the date of the meeting, again advertise this information in that newspaper.
(3) (a) All interested persons shall be given an opportunity to be heard at a meeting subject to the provisions of this section.
(b) Copies of a resolution shall be made available to the members of the general public of the fire district who shall request such copies from the date following publication of the resolution up to and including the date of the meeting.1
(cf: P.L.2017, c.206, s.20)
14. N.J.S.40A:14-85 is amended to read as follows:
40A:14-85. a. The board of commissioners of a fire district may purchase a firehouse, fire engines, apparatus, or other appliances for the extinguishment of fires and acquire lands or buildings or erect buildings for the housing of such equipment, or other buildings, including but not limited to, administrative, communications, or training buildings, or buildings for the maintenance of fire apparatus, at a cost not exceeding $60,000.00 or 2% of the assessed valuation of the taxable property in the district, whichever amount is larger. The money may be raised by a bond issue, or through the creation of any other debt or liability, including, but not limited to, through a lease-purchase agreement. Any such bond issue, debt, or liability shall be authorized by a resolution of the commissioners specifying the amount and the purpose thereof. The resolution shall be inoperative unless and until it shall have been submitted to and approved by the legal voters within said fire district at the annual election held for the election of commissioners and appropriation of money for fire extinguishing purposes, or at a special election for such purpose. If a special election is called for this purpose, it shall be held at a date specified under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). If a special election is called for this purpose in an emergency, an emergency special election shall be held at a date specified under paragraph 2 of subsection b. of this section.
[The] b. Any resolution required pursuant to this section shall be written or printed and the election shall be upon notice stating the time and place.
(1) If said election is to be the annual one or a special election held on a date established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the notices shall be posted by the clerk of the board of fire commissioners in 10 public places, at least 10 days prior to the date of the election. The board of commissioners and the clerk, in their or his discretion, may advertise the election in a newspaper, published in the fire district, if any, otherwise in a newspaper published in the county of said district and circulating in such district.
(2) When [a] an emergency special election is specified, notices shall be posted by the clerk of the board of fire commissioners in 10 public places, at least 21 days prior to the date of election, and the clerk of said board shall advertise said notice in such a newspaper at least twice prior to the election date.1
(cf: P.L.2017, c.206, s.21)
1[2.] 5.1 This act shall take effect immediately.
