Bill Text: NJ A5283 | 2020-2021 | Regular Session | Introduced
Bill Title: Allows local unit to provide service award to volunteer for qualifying service performed for each emergency service organization.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-27 - Introduced, Referred to Assembly State and Local Government Committee [A5283 Detail]
Download: New_Jersey-2020-A5283-Introduced.html
Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
SYNOPSIS
Allows local unit to provide service award to volunteer for qualifying service performed for each emergency service organization.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Emergency Services Length of Service Award Program and amending P.L.1997, c.388.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1997, c.388 (C.40A:14-185) is amended to read as follows:
3. a. A local government unit that is a county or municipality in which a fire district does not exist may by ordinance establish or terminate a length of service award program for the active volunteer members of the emergency service organizations operating under the county's or municipality's jurisdiction.
b. The board of fire commissioners of any fire district may by resolution establish or terminate a length of service award program for the active volunteer members of the emergency service organizations operating under the district's jurisdiction.
c. No such ordinance or resolution shall take effect until it is presented as a public question, for a municipality or county at the next general election, and for a fire district at the next annual election, and ratified by the voters. Each ordinance or resolution proposing the establishment of a length of service award program after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) may provide that a person who is faithfully and actually performing volunteer service in more than one emergency service organization may qualify to receive a length of service award for volunteer service performed in each emergency service organization. Each [such] ordinance or resolution shall be adopted by the governing body or the board of fire commissioners no less than 60 days prior to the election at which [such] a public question is presented for ratification.
d. In addition to any other procedures provided by law, every ordinance or resolution creating a length of service [awards] award program shall include:
(1) A general description of the program;
(2) A statement of the proposed estimated total amount to be budgeted for the program;
(3) A statement of the proposed maximum annual contribution for an active volunteer member or, if applicable, the proposed maximum contribution for an active volunteer member's service in each emergency service organization;
(4) If the proposed program authorizes the crediting of prior year service, a statement of the number of prior years of service available for crediting for each active volunteer member or, if applicable, the number of prior years of service available for crediting for an active volunteer member's service in each emergency service organization; and
(5) Any such other provisions as may be reasonably required by the director to carry out the purposes of [this act] P.L.1997, c.388 (C.40A:14-183 et al.).
e. No ordinance, resolution or public question related to a length of service award program shall require prior approval of the director.
f. (1) Subsequent to the adoption of a length of service award program as provided in this section, the maximum annual contribution may be increased, from time to time, without public hearing or public question, provided [such] the increased contribution does not exceed a number calculated by multiplying the original contribution as approved by public question by the consumer price index factor. As used in this [section] paragraph "consumer price index factor" means a fraction the denominator of which shall be the "Revised Consumers Price Index-All Items, Philadelphia Area (1967-100)" (the "CPI") published by the Bureau of Labor Statistics of the United States Department of Labor for the month in which the length of service award program passes public question and whose numerator shall be the CPI for the most recent month available at the time the increased contribution or benefit takes effect. If the publication of the CPI is discontinued, the director shall issue regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), setting forth such revisions in the method of computation of the consumer price index factor as the circumstances require to carry out the purposes of this subsection.
(2) Subsequent to the adoption of a length of service award program as provided in this section, the sponsoring agency may provide by ordinance or resolution, without public hearing or public question, that a person who is faithfully and actually performing volunteer service in more than one emergency service organization may qualify to receive a length of service award for volunteer service performed in each emergency service organization.
(3) Except as otherwise provided in [this act] P.L.1997, c.388 (C.40A:14-183 et al.), all other material changes to a length of service award program subsequent to its adoption shall be effected without public question but by ordinance or by resolution subject to public hearing, as appropriate to the sponsoring agency.
g. Any amounts appropriated annually for a length of service award program shall be included in the budget of the local government unit as a separate line item. In the case of a fire district, the budget to be voted on at the time of the public question to establish a length of service award program shall include the first year's appropriation for funding [such] the program, which appropriation, if the public question is defeated, shall be removed from the budget. In the case of a municipality or county, appropriations for length of service award programs shall commence with the budget immediately following enactment of [such] the program.
h. No length of service award program shall be adopted by any local government unit other than pursuant to [this act] P.L.1997, c.388 (C.40A:14-183 et al.).
(cf: P.L.1997, c.388, s.3)
2. Section 6 of P.L.1997, c.388 (C.40A:14-188) is amended to read as follows:
6. No emergency service organization shall be required to provide a length of service award for its active volunteer members pursuant to the provisions of [this act] P.L.1997, c.388 (C.40A:14-183 et al.). Any length of service award provided to an active volunteer member shall be governed by the provisions of [this act] P.L.1997, c.388 (C.40A:14-183 et al.). No length of service award program shall be provided under the provisions of [this act] P.L.1997, c.388 (C.40A:14-183 et al.) unless the following requirements are met:
a. An active volunteer member shall be eligible to participate in a length of service award program immediately upon the commencement of the active volunteer member's performance of active emergency services in [any] an emergency service organization, and shall be eligible to vest in [any] a length of service award program provided under the provisions of [this act] P.L.1997, c.388 (C.40A:14-183 et al.) if the active volunteer member has completed at least five years of emergency service in [any] an emergency service organization in the State.
b. Under a length of service award program, a year of active emergency service commencing after the establishment of the program shall be credited for each calendar year in which an active volunteer member accumulates a number of points that are granted in accordance with a schedule adopted by the sponsoring agency. The program shall provide that points shall be granted for activities designated by the sponsoring agency, which activities may include the following:
(1) Training courses;
(2) Drills;
(3) Sleep-in or standby. A "standby" means line of duty activity of the volunteer fire company, lasting for four hours, not falling under one of the other categories;
(4) Completion of a one-year elected or appointed position in the organization;
(5) Election as a delegate to an emergency service convention;
(6) Attendance at official meetings of the sponsoring agency;
(7) Participation in emergency responses; or
(8) Miscellaneous activities including participation in inspections and other non-emergency fire, first aid or rescue activities not otherwise listed.
c. If provided for in the enabling ordinance or resolution adopted pursuant to section 3 of P.L.1997, c.388 (C.40A:14-185), a length of service award program may provide for the crediting of not more than 10 years of active emergency service periods prior to the establishment of [such a] the program. [Such] A credit may be granted to [the] an active volunteer over as many years as deemed appropriate by the sponsoring agency, except that the total amount contributed in any one year shall not exceed the maximum amount allowed by law to be contributed by a sponsoring agency.
d. To provide credit for service prior to the establishment of [the] a service award program [,] pursuant to subsection c. of this section, [each] a sponsoring agency shall review the prior membership rosters of the emergency service organizations subject to the program to determine the number of years' credit for each participant who is entitled to credit. In making the analysis, the standards for active service set forth in subsection b. of this section and adopted by the sponsoring agency shall be used. The amount of the contribution provided to participants for past service may differ from the amount of the current contribution provided for under the plan. The definition of [years] year of active emergency service shall be determined by the bylaws of the participating emergency service organization at the time service was earned. Approval for [such] prior service shall require certification by the duly designated persons in each participating emergency service organization, as determined and defined by the sponsoring agency [of the participating emergency service organization]. If an active volunteer member requests credit for service in more than one [volunteer] participating emergency service organization, each such emergency service organization shall provide a certification for the appropriate number of years. [That credit] Credit for prior years of service may be awarded at the discretion of the sponsoring agency of the plan in which the volunteer member seeks to apply the credit. [In no event, however, shall a] A participant shall not be credited for the same year of active emergency service in more than one service award program unless the participant has satisfied the minimum requirements of participation established by the sponsoring agency on a consistent and uniform basis in more than one participating emergency service organization.
e. (Deleted by amendment, P.L.2001, c.272).
f. An active volunteer member whose name does not appear on the approved certification list or who is denied credit for service prior to the establishment of the service award program may appeal within 30 days of posting of the list or within 30 days of denial of past service credit. The appeal shall be in writing and mailed to the clerk or secretary of the governing body of that local government unit, which shall investigate the appeal. The decision of a participating emergency service organization shall be subject to appropriate judicial review.
(cf: P.L.2001, c.272, s.1)
3. Section 7 of P.L.1997, c.388 (C.40A:14-189) is amended to read as follows:
7. a. Each active volunteer member's service award shall be subject to contribution requirements set forth in this section. In determining whether contribution requirements have been satisfied, all benefits provided under all service award programs instituted by a sponsoring agency shall be considered as one program. A program adopted by a sponsoring agency shall set contributions within these requirements.
b. [A] Except as provided in subsection c. of this section, a program shall have minimum and maximum contribution requirements as follows: the minimum contribution for each participating active volunteer member shall be $100 per year of active emergency service; and the maximum contribution for each active volunteer member shall be $1,150 per year of active emergency service, subject, however, to periodic increases permitted pursuant to subsection f. of section 3 of P.L.1997, c.388 (C.40A:14-185).
c. If a sponsoring agency allows a person who has performed volunteer service in more than one emergency service organization during the same year to qualify to receive a length of service award for volunteer service performed in each emergency service organization, the length of service award program shall have minimum and maximum contribution requirements as follows: the minimum contribution for each participating active volunteer member shall be $100 per year of active emergency service in each emergency service organization; and the maximum contribution for each active volunteer member shall be $1,150 per year of active emergency service in each emergency service organization, subject, however, to periodic increases permitted pursuant to subsection f. of section 3 of P.L.1997, c.388 (C.40A:14-185).
(cf: P.L.1997, c.388, s.7)
4. This act shall take effect immediately.
STATEMENT
This bill would amend the "Emergency Services Volunteer Length of Service Award Program Act," P.L.1997, c.388 (C.40A:14-183 et al.), to allow a local government unit to encourage people to provide volunteer service to more than one emergency service organization. Current law allows a local unit to provide a person more than one length of service award program (LOSAP) award if the person satisfies program requirements for service provided to more than one emergency service organization, however, current law limits the amount a local unit can contribute for each active volunteer member to $1,150 per year of active emergency service.
Under the bill, if a person serves as a volunteer firefighter for a fire organization providing service within a municipality and also serves as an emergency medical service volunteer for a first aid organization providing service within the same municipality, the municipality would be able to contribute the maximum amount annually for each type of volunteer service the person provides to the municipality.
In some municipalities, emergency service organizations have difficulty recruiting and retaining a sufficient number of volunteers to provide adequate emergency services. The bill recognizes that some people may be willing to volunteer and serve more than one emergency service organization, and encourages those people to do so by allowing local units to provide a maximum contribution to a LOSAP award for each year of eligible service a person provides to an emergency service organization.
