title-59•Title 59 — Claims Against Public Entities
This subtitle shall be known and may be cited as the "New Jersey Tort Claims Act."
The Legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immunity. On the other hand the Legislature recognizes that while a private entrepreneur may readily be held liable for negligence within the chosen ambit of his activity, the area within which government has the power to act for the public good is almost without limit and therefore government should not have the duty to do everything that might be done. Consequently, it is hereby declared to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of this act and in accordance with the fair and uniform principles established herein. All of the provisions of this act should be construed with a view to carry out the above legislative declaration.
As used in this subtitle:
"Employee" includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
"Employment" includes office; position; employment; or service, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey, as an emergency management volunteer or as a volunteer doing work for the Division of Parks and Forestry, the Division of Fish and Wildlife, or the New Jersey Natural Lands Trust, as authorized by the Commissioner of Environmental Protection, or for the New Jersey Historic Trust.
"Enactment" includes a constitutional provision, statute, executive order, ordinance, resolution or regulation.
"Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person.
"Law" includes enactments and also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States.
"Public employee" means an employee of a public entity, and includes: a person participating, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey.
"Public entity" includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.
"State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall not include any such entity which is statutorily authorized to sue and be sued. "State" also means the Palisades Interstate Park Commission, but only with respect to employees, property and activities within the State of New Jersey.
"Statute" means an act adopted by the Legislature of this State or by the Congress of the United States.
Nothing in this act shall affect liability based on contract or the right to obtain relief other than damages against the public entity or one of its employees.
Nothing in this act shall be construed to affect, alter or repeal any provision of the workmen's compensation laws of this State.
Nothing in this act shall be construed to affect, alter or repeal any provision of the military and veterans law of this State, except as specifically provided in repealer section 59:12-2 of this subtitle.
Any waiver of immunity and assumption of liability contained in this act shall not apply in circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability.
a. Except as otherwise provided by this act, a public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.
b. Any liability of a public entity established by this act is subject to any immunity of the public entity and is subject to any defenses that would be available to the public entity if it were a private person.
(1) immunity from civil liability granted by that act to a public entity or public employee shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a person, which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee; and
(2) immunity from civil liability granted by that act to a public entity shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a minor under the age of 18, which was caused by the negligent hiring, supervision, or retention of any public employee.
b. Every action at law involving a public entity or public employee as described in subsection a. of this section shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the two-year period set forth in subsection a. of section 9 of P.L.2019, c.120 (C.2A:14-2b), notwithstanding that the action would otherwise be barred through application of the statute of limitations.
c. The recovery limits set forth under subparagraph (a) of paragraph (2) of subsection d. of N.J.S.59:9-2 shall not apply to an action at law filed pursuant to this section.
a. A public entity is liable for injury proximately caused by an act or omission of a public employee within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.
b. A public entity is not liable for an injury resulting from an act or omission of a public employee where the public employee is not liable.
a. A public entity is not liable for an injury resulting from the exercise of judgment or discretion vested in the entity;
b. A public entity is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
c. A public entity is not liable for the exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
d. A public entity is not liable for the exercise of discretion when, in the face of competing demands, it determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public entity was palpably unreasonable. Nothing in this section shall exonerate a public entity for negligence arising out of acts or omissions of its employees in carrying out their ministerial functions.
A public entity is not liable for any injury caused by adopting or failing to adopt a law or by failing to enforce any law.
A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or public employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked.
A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property; provided, however, that nothing in this section shall exonerate a public entity from liability for negligence during the course of, but outside the scope of, any inspection conducted by it, nor shall this section exonerate a public entity from liability for failure to protect against a dangerous condition as provided in chapter 4.
A public entity is not liable for failure to provide supervision of public recreational facilities; provided, however, that nothing in this section shall exonerate a public entity from liability for failure to protect against a dangerous condition as provided in chapter 4.
A public entity is not liable for injuries caused by the termination or reduction of benefits under a public assistance program.
A public entity is not liable for its acts or omissions resulting in a slander on the title of any property.
A public entity is not liable for the acts or omissions of a public employee constituting a crime, actual fraud, actual malice, or willful misconduct.
An action to recover damages shall not arise or be brought against any public entity or public employee for any action or inaction related to or in connection with the roster of personalized handguns established pursuant to section 2 of P.L.2019, c.164 (C.2C:58-2.8).
Generally. a. Except as otherwise provided by this act, a public employee is liable for injury caused by his act or omission to the same extent as a private person.
b. The liability of a public employee established by this act is subject to any immunity of a public employee provided by law and is subject to any defenses that would be available to the public employee if he were a private person.
c. A public employee is not liable for an injury where a public entity is immune from liability for that injury.
a. A public employee is not liable for an injury resulting from the exercise of judgment or discretion vested in him;
b. A public employee is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
c. A public employee is not liable for the exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
d. A public employee is not liable for the exercise of discretion when, in the face of competing demands, he determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public employee was palpably unreasonable.
Nothing in this section shall exonerate a public employee for negligence arising out of his acts or omissions in carrying out his ministerial functions.
A public employee is not liable if he acts in good faith in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for false arrest or false imprisonment.
If a public employee acts under the apparent authority of a law that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that he would have been liable had the law been constitutional, valid and applicable.
A public employee is not liable for an injury caused by his adoption of or failure to adopt any law or by his failure to enforce any law.
A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where he is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked.
A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property; provided, however, that nothing in this section shall exonerate a public employee from liability for negligence during the course of, but outside the scope of, any inspection conducted by him, nor shall this section exonerate a public employee from liability for failure to protect against a dangerous condition as provided in chapter 4.
A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment.
A public employee is not liable for his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this section exonerates a public employee from liability for an injury proximately caused subsequent to such entry by his own negligent or wrongful act or omission.
A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation.
A public employee is not liable for the failure to provide supervision of public recreational facilities. Nothing in this section exonerates a public employee for negligence in the supervision of a public recreational facility.
A public employee is not liable for damages resulting from the termination or reduction of benefits under a public assistance program.
A public employee is not liable for his acts or omissions resulting in a slander on the title of any property.
a. Nothing in this act shall exonerate a public employee from liability if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct.
b. Nothing in this act shall exonerate a public employee from the full measure of recovery applicable to a person in the private sector if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct.
a. voluntarily and without compensation;
b. at the request of a public safety official, acting in an official capacity; and
c. at the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor's emergency executive powers.
For purposes of the New Jersey Tort Claims Act, N.J.S.59:1-1 et seq., an architect or engineer entitled to immunity under this section shall be considered an employee of the public entity on whose behalf the public safety official requested that the architect or engineer perform the practice of architecture or engineering. Nothing in P.L.2014, c.53 (C.59:3-15 et seq.) shall be construed to provide such architect or engineer with any right or entitlement to workers' compensation from such public entity.
As used in this section:
"Public safety official" means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred.
"Employee" shall have the meaning ascribed to it in N.J.S.59:1-3.
a. the architect or professional engineer, or a private entity for which the architect or engineer is employed, has any existing contract for services with the public entity, other than the State of New Jersey, whose public safety officer made the request for architectural or engineering services provided under section 1 of this act;
b. the architect or professional engineer, or a private entity for which the architect or engineer is employed, enters into any contract for services that involve the performance of any additional architectural or engineering services related to the voluntary, uncompensated services performed for the public entity whose public safety officer made the request for architectural or engineering services provided under section 1 of this act; or
c. the act or omission by the architect or engineer involves actual fraud, actual malice, willful misconduct or an intentional wrong.
As used in this chapter:
a. "Dangerous condition" means a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used.
b. "Protect against" includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition.
c. "Public property" means real or personal property owned or controlled by the public entity, but does not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity.
A public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
a. a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or
b. a public entity had actual or constructive notice of the dangerous condition under section 59:4-3 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
Nothing in this section shall be construed to impose liability upon a public entity for a dangerous condition of its public property if the action the entity took to protect against the condition or the failure to take such action was not palpably unreasonable.
a. A public entity shall be deemed to have actual notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character.
b. A public entity shall be deemed to have constructive notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 only if the plaintiff establishes that the condition had existed for such a period of time and was of such an obvious nature that the public entity, in the exercise of due care, should have discovered the condition and its dangerous character.
Subject to section 59:4-2 of this act, a public entity shall be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices if such devices were necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.
Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide ordinary traffic signals, signs, markings or other similar devices.
a. Neither the public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of public property, either in its original construction or any improvement thereto, where such plan or design has been approved in advance of the construction or improvement by the Legislature or the governing body of a public entity or some other body or a public employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved.
Neither a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets and highways of weather conditions.
Neither a public entity nor a public employee is liable for an injury caused by a condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach.
Neither a public entity nor a public employee is liable for any injury caused by a condition of the unimproved and unoccupied portions of the tidelands and submerged lands, and the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits owned by the State.
(1) the tree or shrub, or pertinent part thereof, is on public property or on a public easement or right-of-way, or the tree or shrub, regardless of its location, is regulated, planted, cared for, controlled, or maintained by the shade tree commission; and
(2) the local government or the shade tree commission has participated in and successfully completed a training skills and accreditation program established pursuant to section 6 of P.L.1996, c.135 (C.13:1L-17.6) and has a comprehensive community forestry plan approved pursuant to section 7 of that act.
b. The existence of a municipal shade tree commission established pursuant to R.S.40:64-1 et seq. or a county shade tree commission established pursuant to R.S.40:37-1 et seq., or the fact that a municipality or county has otherwise provided for the regulation, planting, care, control, or maintenance of trees or shrubs within its jurisdiction, shall not be cause to immunize a private person from liability for an injury caused directly or indirectly by a tree or shrub, or any part thereof, who otherwise would be liable for that injury.
Neither a public entity nor a public employee is liable for failure to provide a prison, jail or penal or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel or facilities in a prison or other correction facility.
Parole or escape of prisoner; injuries between prisoners ; pursuit for law enforcement purposes.
Neither a public entity nor a public employee is liable for:
a. An injury resulting from the parole or release of a prisoner or from the terms and conditions of his parole or release or from the revocation of his parole or release;
b. any injury caused by:
(1) an escaping or escaped prisoner;
(2) an escaping or escaped person;
(3) a person resisting arrest or evading arrest;
(4) a prisoner to any other prisoner; or
c. any injury resulting from or caused by a law enforcement officer's pursuit of a person.
Neither a public entity nor a public employee is liable for failure to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service.
Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to retain an arrested person in custody.
a. Neither a public entity nor a public employee is liable for any injury suffered by a motor vehicle driver upon his voluntary release from police custody after reasonable precautions have been taken so that the driver is released in a position of relative safety and refuge following his arrest on a charge of operating a motor vehicle while under the influence of intoxicating liquor or drugs, pursuant to R.S.39:4-50.
b. Neither a public entity nor a public employee is liable for any injury suffered by a motor vehicle occupant upon his voluntary release from police detention after reasonable precautions have been taken so that the occupant is released in a position of relative safety and refuge following the arrest of a motor vehicle driver on a charge of operating a motor vehicle while under the influence of intoxicating liquor or drugs, pursuant to R.S.39:4-50.
As used in this chapter:
"Medical facility" means a hospital, infirmary, clinic, dispensary, mental institution, or similar facility.
"Mental institution" means any facility for the care or treatment of persons committed for mental illness.
"Mental illness" means mental illness, mental disorder bordering on mental illness, mental deficiency, epilepsy, dipsomania or inebriety, sexual psychopathy, or such mental abnormality as to evidence utter lack of power to control sexual impulses.
"Drug dependent persons" means a person who is using a controlled dangerous substance and who is in a state of psychic or physical dependence, or both, arising from the use of that controlled dangerous substance on a continuous basis. Drug dependence is characterized by behavior or other responses, including but not limited to, a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects or to avoid the discomfort of its absence.
Neither a public entity nor a public employee is liable for failure to provide a medical facility or mental institution, or if such facility or institution is provided, for the failure to provide sufficient equipment, personnel or facilities in a mental institution or medical facility.
Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community.
Failure to make physical or mental examination or to make adequate physical or mental examination. Except for an examination or diagnosis for the purpose of treatment, neither a public entity nor a public employee is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination, of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others. For the purposes of this section, "public employee" includes a private physician while actually performing professional services for a public entity as a volunteer without compensation.
a. Neither a public entity nor a public employee is liable for injury resulting from diagnosing or failing to diagnose that a person has a mental illness or is a person with a substance use disorder involving drugs or from failing to prescribe for mental illness or a substance use disorder involving drugs; provided, however, that nothing in this subsection exonerates a public entity or a public employee who has undertaken to prescribe for a mental illness or a substance use disorder involving drugs from liability for injury proximately caused by negligence or by a wrongful act in so prescribing.
b. Nothing in subsection a. exonerates a public entity or a public employee from liability for injury proximately caused by a negligent or wrongful act or omission in administering any treatment prescribed for a mental illness or a substance use disorder involving drugs.
Amended 2017, c.131, s.218.
a. Neither a public entity nor a public employee is liable for any injury resulting from determining in accordance with any applicable enactment:
(1) whether to confine a person for mental illness or drug dependence;
(2) the terms and conditions of confinement for mental illness or drug dependence;
(3) whether to parole, grant a leave of absence to, or release a person from confinement for mental illness or drug dependence.
Neither a public entity nor a public employee is liable for:
a. an injury caused by an escaping or escaped person who has been confined for mental illness or drug dependence;
b. an injury caused by any person who has been confined for mental illness or drug dependence upon any other person so confined.
Nothing in this act shall be deemed to grant immunity to any person or entity causing damage by a willful, wanton or grossly negligent act of commission or omission.
The rules and regulations shall include, but need not be limited to, provisions concerning: (1) the monitoring and inspection procedures for stockpiled drugs and vaccines; (2) the maintenance and retention of records of information from monitoring activities; (3) the submission to the Department of Health and Senior Services of monitoring reports; and (4) any other related information as the Commissioner of Health and Senior Services may require.
As used in this chapter, "tax" includes a tax, assessment, fee or charge.
Neither a public entity nor a public employee is liable for an injury caused by:
a. Instituting any judicial or administrative proceeding or action for or incidental to the assessment or collection of a tax.
b. An act or omission in the interpretation or application of any law relating to a tax.
Nothing in this chapter affects any law relating to refund, rebate, exemption, cancellation, amendment or adjustment of taxes.
a. As used in this act "community service" means services, work or similar acts ordered by a court of competent jurisdiction to be performed by an offender as part of a sentence, penalty or other disposition imposed for the violation of a statute or ordinance.
b. Notwithstanding any provisions of law to the contrary:
(1) A county or municipality shall not be liable in any civil action for damages to an offender or any other person arising out of and in the course of the performance of community service; and
(2) A county or municipality shall not be subject to any law governing the provision of labor, workers' compensation, conditions of employment or insurance with respect to an offender performing community service.
c. Nothing in this section shall be deemed to grant immunity if the damages suffered by an offender or any other person were caused by a willful, wanton, or grossly negligent act of commission or omission by a county or municipality.
d. Nothing in this section shall be deemed to grant immunity to a county or municipality for damages resulting from the negligent operation of a motor vehicle.
Accrual shall mean the date on which the claim accrued and shall not be affected by the notice provisions contained herein.
For purposes of this chapter "local public entity" means a public entity other than the State.
Claims for damages against public entities. a. Except as otherwise provided in this section, no action shall be brought against a public entity or public employee under this act unless the claim upon which it is based shall have been presented in accordance with the procedure set forth in this chapter.
b. The procedural requirements of this chapter shall not apply to an action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1).
A claim shall be presented by the claimant or by a person acting on his behalf and shall include:
a. The name and post office address of the claimant;
b. The post-office address to which the person presenting the claim desires notices to be sent;
c. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
d. A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim;
e. The name or names of the public entity, employee or employees causing the injury, damage or loss, if known; and
f. The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed.
The claim shall be signed by the claimant or by some person on his behalf.
A public entity may by rule or regulation adopt forms specifying information to be contained in claims filed against it or its employee under this act. Such forms shall include the requirements of 59:8-4 of this act and may include such additional information or evidence as (1) written reports of a claimant's attending physicians or dentists setting forth the nature and extent of injury and treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity; (2) a list of claimant's expert witnesses and any of their reports or statements relating to the claim; (3) itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses; (4) documentary evidence showing amounts of income lost; (5) if future treatment is necessary, a statement of anticipated expenses for each treatment.
In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by the public entity and a claimant may be required to permit a public entity to inspect all appropriate records relating to his claim for liability and damages including, but not limited to, income tax returns, hospital records, medical records and employment records.
The Attorney General is hereby authorized to issue rules and regulations on behalf of the State for the purpose of eliciting the types of information referred to in this section and for specifying any additional information which may be reasonably necessary for the administrative disposition of claims under this act.
A claim for damage or injury arising under this act against the State shall be filed either with (1) the Attorney General or (2) the department or agency involved in the alleged wrongful act or omission. A claim for injury or damages arising under this act against a local public entity shall be filed with that entity.
A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.59:8-9; or
b. Two years have elapsed since the accrual of the claim; or
c. The claimant or the claimant's authorized representative entered into a settlement agreement with respect to the claim.
Nothing in this section shall prohibit a minor or a person who is mentally incapacitated from commencing an action under this act within the time limitations contained herein, after reaching majority or returning to mental capacity.
A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
a. A claim shall be presented to the public entity by delivering it to or mailing it certified mail to the office of the Attorney General or the office of the State agency allegedly involved in the action. A claim may be presented to a local public entity by delivering it or mailing it certified mail to the entity.
b. A claim or application shall be deemed to have been presented in compliance with this section even though it is not delivered or mailed as provided in this section if it is actually received at an office of the State or local public entity within the time prescribed for presentation thereof.
c. Service of the notice required by this chapter upon the public entity shall constitute constructive service upon any employee of that entity.
The claim shall be deemed to have been presented and received at the time of the deposit. Proof of mailing may be made in the manner prescribed by the Rules of Court.
Tort claims under this act shall be heard by a judge sitting without a jury or a judge and jury where appropriate demand therefor is made in accordance with the rules governing the courts of the State of New Jersey.
a. No interest shall accrue prior to the entry of judgment against a public entity or public employee.
b. No judgment shall be granted against a public entity or public employee on the basis of strict liability, implied warranty, or products liability.
c. No punitive or exemplary damages shall be awarded against a public entity.
d. (1) Except as provided in this subsection, no damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury.
(2) The limitation on the recovery of damages for pain and suffering pursuant to paragraph (1) of this subsection shall not apply:
(a) in cases of permanent loss of a bodily function, permanent disfigurement, or dismemberment where the medical treatment expenses are in excess of $3,600.00; or
(b) to an action at law filed pursuant to section 7 of P.L.2019, c.120 (C.59:2-1.3).
For purposes of this section, "medical treatment expenses" are defined as the reasonable value of services rendered for necessary surgical, medical, and dental treatment of the claimant for such injury, sickness, or disease, including prosthetic devices and ambulance, hospital, or professional nursing service.
e. If a claimant receives or is entitled to receive benefits for the injuries allegedly incurred from a policy or policies of insurance or any other source other than a joint tortfeasor, such benefits shall be disclosed to the court and the amount thereof which duplicates any benefit contained in the award shall be deducted from any award against a public entity or public employee recovered by such claimant, provided, however, that nothing in this provision shall be construed to limit the rights of a beneficiary under a life insurance policy. No insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee.
Notwithstanding any other law, in any case where a public entity or public employee acting within the scope of his employment is determined to be a joint tortfeasor the public entity or public employee shall be required to contribute to a joint tortfeasor only to the extent of the recovery provided for under this act
Notwithstanding the provisions of P.L.1952, c. 335 (C. 2A:53A-1 et seq.), P.L.1973, c. 146 (C. 2A:15-5.1 et seq.) or any other law to the contrary, in any case where a public entity or public employee acting within the scope of his employment is determined to be a tortfeasor in any cause of action along with one or more other tortfeasors, the public entity or public employee shall be liable for no more than that percentage share of the damages which is equal to the percentage of the negligence attributable to that public entity or public employee and only to the extent authorized by N.J.S. 59:9-2 and N.J.S. 59:9-4.
Contributory negligence shall not bar recovery in an action by any party or his legal representative to recover damages to the extent permitted under this act, if such negligence was not greater than the negligence of the party against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage of negligence attributable to the person recovering.
In all negligence actions in which the question of liability is in dispute, the trier of fact shall make the following as findings of fact:
a. The amount of damages which would be recoverable by the injured party regardless of any consideration of negligence, that is, the full value of the injured party's damages to the extent permitted under this act.
b. The extent, in the form of a percentage, of each party's negligence. The percentage of negligence of each party shall be based on 100% of the total of all percentages of negligence of all the parties to a suit shall be 100%.
c. The judge shall mold the judgment from the findings of fact made by the trier of fact in accordance with the provisions of this act.
In any action brought against a public entity or a public employee under this act, the court may, in its discretion, award a successful claimant (a) costs ordinarily allowable in the private sector (b) expert witness fees not exceeding a total of $100.00 and (c) reasonable attorney's fees; provided however that there shall be no such recovery in any case where damages are awarded for pain and suffering.
a. Where a claimant has pursued his remedy against a public entity for a claim arising out of the act or omission of a public employee of a public entity, a judgment or settlement shall be a complete bar to suit against the employee in a claim arising from the same subject matter.
b. Where a claimant has pursued his remedy against a public employee for a claim arising out of the act or omission of a public employee of a public entity, a judgment or settlement shall be a complete bar to suit against the entity in a claim arising from the same subject matter.
Nothing in the act to which this act is a supplement shall affect the right of the court, in accordance with the rules governing the courts, to review the amount of a verdict or judgment on its own initiative or in acting on a motion of a party for a new trial.
If pursuant to the provisions of P.L.1972, c. 48 (C. 59:10A-1 et seq.) the Attorney General provides for the defense of an employee or former employee, the State shall provide indemnification for the State employee.
Nothing in this section requires the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime. The State may, however, indemnify a State employee for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the Attorney General, the acts committed by the State employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.
Refusal to defend--indemnification. If the Attorney General refuses to provide for the defense of a State employee as required by the provisions of P.L.1972, c. 48 (C. 59:10A-1 et seq.), the employee or former employee of the State shall be entitled to indemnification from the State if he establishes that the act or omission upon which the claim or judgment was based occurred within the scope of his employment as an employee of the State and the State fails to establish that he acted or failed to act because of actual fraud, actual malice or willful misconduct.
If the State employee establishes that he was entitled to a defense under the provisions of this chapter, the State shall pay or reimburse him for any bona fide settlement agreements entered into by the employee, and shall pay or reimburse him for any judgments entered against the employee, and shall pay or reimburse him for all costs of defending the action, including reasonable counsel fees and expenses, together with costs of appeal, if any.
Nothing in this section requires the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime. The State may indemnify a State employee for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the Attorney General, the acts committed by the State employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.
If any criminal action is instituted against any State officer based upon an act or omission of that officer arising out of and directly related to the lawful exercise of his official duties or under color of his authority, and that action is dismissed or results in a final disposition in favor of that officer, the State shall reimburse the officer for the cost of defending the action, including reasonable attorney's fees and costs of trial and appeals.
A claim for reimbursement shall be filed within the time and in the manner provided for claims for damage or injury under chapter 8 of Title 59 of the New Jersey Statutes, except where the procedure prescribed in that chapter is inconsistent with the nature of a claim resulting from a criminal action.
Notwithstanding the provisions of section 2 of this act, this act shall apply to claims arising prior to the effective date of this act provided they are filed within two years after the dismissal or final disposition of the criminal action referred to in section 1.
A State employee shall not be entitled to indemnification under this act unless within 10 calendar days of the time he is served with any summons, complaint, process, notice, demand or pleading, he delivers the original or a copy thereof to the Attorney General or his designee. Upon such delivery the Attorney General may, pursuant to the provisions of P.L.1972, c. 48 Senate Bill No. 993 now pending before the Legislature, assume exclusive control of the employee's representation and such employee shall cooperate fully with the Attorney General's defense.
Local public entities--authority to indemnify. Local public entities are hereby empowered to indemnify local public employees consistent with the provisions of this act. A local public entity may indemnify an employee of the local public entity for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the governing body of the local public entity, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
State authorities, State commissions and State agencies which are authorized by statute to sue and be sued may obtain coverage for liability and representation by the Attorney General's Office for defense of liability cases under the "New Jersey Tort Claims Act," N.J.S. 59:1-1 et seq., for themselves and their public employees from the fund established under N.J.S. 58:12-1 when:
a. The governing body of the authority, commission or agency petitions the State Treasurer and the Attorney General for such coverage; and
b. The State Treasurer and the Attorney General determine that such coverage would be in the public interest and that adequate coverage is unavailable at reasonable rates.
Coverage afforded pursuant to this supplementary act shall provide indemnification for awards within the limitations of the "New Jersey Tort Claims Act."
Coverage afforded pursuant to this supplementary act shall expire on the 30th day of June following the approval of coverage. Coverage may be extended for additional one year terms on conditions fixed by the State Treasurer and the Attorney General, provided that for each renewal they determine that coverage would be in the public interest and that adequate coverage is unavailable at reasonable rates.
The State Treasurer and the Attorney General shall have the power to set annual fees and charges payable by the authority, commission or agency for coverage and fix monetary limits on the extent of coverage to be afforded an authority, commission or agency and its employees shall cooperate with the Attorney General in the defense of all covered claims. The Attorney General shall have the exclusive right to control all such litigation.
Nothing contained in this supplementary act shall inure to the benefit of any insurance company which has issued a policy of liability insurance or to any person who is obligated to indemnify a public entity or public employee.
Citizen members of the New Jersey Building Authority to whom have been delegated the supervision of the construction, reconstruction, rehabilitation or improvement of any project pursuant to a resolution of the authority shall be indemnified and their defense of any action provided for in the same manner and to the same extent as employees of the State under the "New Jersey Tort Claims Act," N.J.S. 59:1-1 et seq. on account of acts or omissions in the scope of their authority.
Except as provided in section 2 hereof, the Attorney General shall, upon a request of an employee or former employee of the State, provide for the defense of any action brought against such State employee or former State employee on account of an act or omission in the scope of his employment.
For the purposes of this section, the Attorney General's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee or former employee.
The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that:
a. the act or omission was not within the scope of employment; or
b. the act or the failure to act was because of actual fraud, willful misconduct or actual malice; or
c. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee.
In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of a State employee or former State employee, if he concludes that such representation is in the best interest of the State.
Whenever the Attorney General provides for the defense of a State employee or former State employee pursuant to this act, the Attorney General may assume exclusive control over the representation of such employee or former State employee and such employee or former State employee shall cooperate fully with the Attorney General's defense.
The Attorney General may provide for a defense pursuant to this act by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State's right under any appropriate insurance policy which requires the insurer to provide the defense.
The authority granted to the Attorney General by this act shall be in addition to and not in derogation of his existing authority to represent and defend State employees and former State employees.
a. The State Treasurer shall pay any tort claim or claim for indemnification against the State under this act not exceeding $7,500.00 which is recommended for payment by the Attorney General or his designee. The State Treasurer shall pay any such claim exceeding $7,500.00 upon the recommendation of the Attorney General or his designee and the approval of the Director of the Division of Budget and Accounting.
b. The State Treasurer shall pay all contract claims against the State upon the recommendation of the Attorney General or his designee with the approval of the appropriate Department or agency head and the Director of the Division of Budget and Accounting. All such claims shall be paid in accordance with the provisions of the New Jersey Contractual Liability Act.
There is hereby established in the custody of the State Treasurer a fund to be used for the payment of claims against the State arising out of tort. No money shall be withdrawn from such fund unless the claim has been settled according to law or reduced to final judgment in a court of competent jurisdiction. Whenever any tort claim or claim for indemnification shall have been settled according to law or reduced to final judgment in a court of competent jurisdiction, the same shall be certified by the Attorney General or his designee, to the State Treasurer who shall pay the claim upon the warrant of the Director of the Division of Budget and Accounting out of moneys contained in the fund. Whenever the State Treasurer shall determine that funds are unavailable to pay any such claim, he shall certify the amount of such deficiency and the amount so certified shall be appropriated and paid to the claimant in the manner aforesaid.
All acts and parts of acts inconsistent with this act are, to the extent of such inconsistency, repealed, including without limitation:
P.L.1971, c. 199, s. 26 (C. 40A:12-26).
N.J.S. 18A:20-35;
N.J.S. 38A:4-9;
N.J.S. 38A:4-10;
R.S. 53:1-22.
This act applies only to claims that accrue on or after its effective date. Claims that accrued prior to the effective date of this act are not affected by this act but shall continue to be governed by the law applicable thereto prior to the effective date of this act; provided however that this act shall apply to the suit presently pending between Willis and Department of Conservation and Economic Development, Superior Court, Docket No. L-9817-66.
This subtitle shall be known as the "New Jersey Contractual Liability Act."
As used in this chapter: "State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall not include any such entity which is statutorily authorized to sue and be sued.
"Contracting agency" shall mean the appropriate agency of the State which is charged by law with the responsibility of awarding contracts.
"Accrual of claim" shall mean the date on which the claim arose and shall not be affected by the notice provisions contained herein.
The State of New Jersey hereby waives its sovereign immunity from liability arising out of an express contract or a contract implied in fact and consents to have the same determined in accordance with the rules of law applicable to individuals and corporations; provided, however, that there shall be no recovery against the State for punitive or consequential damages arising out of contract nor shall there be any recovery against the State for claims based upon implied warranties or upon contracts implied in law.
The courts of competent jurisdiction of the State of New Jersey shall have jurisdiction over all claims against the State for breach of a contract, either express or implied in fact. Contract claims against the State shall be heard by a judge sitting without a jury. Except as otherwise expressly provided herein, all suits filed against the State under this chapter shall be in accordance with the rules governing the courts of the State of New Jersey.
It shall be the responsibility of parties contracting with the State to promptly notify the State in writing of any situation or occurrence which may potentially result in the submission of a claim against the State. Except as otherwise provided in section 6, no notice of claim for breach of contract, either express or implied in fact, shall be filed with the contracting agency later than 90 days after the accrual of such claim. A notice of claim shall include the following information: the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known. After the expiration of 90 days from the date the notice of claim is received by the contracting agency, the claimant may file suit in a court of competent jurisdiction of the State of New Jersey.
In all contract claims against the State, the claimant shall be forever barred from recovering against the State if:
a. he fails to notify the appropriate contracting agency within 90 days of accrual of his claim except as otherwise provided in section 6 hereof; or
b. he fails to file suit within 2 years of accrual of his claims or within 1 year after completion of the contract giving rise to paid claim, whichever may be later; or
c. the claimant accepts personally or through his agent or legal representative any award, compromise or settlement made by the State of New Jersey.
A claimant who fails to file notice of his claim within 90 days as provided in section 6 of this chapter, may, in the discretion of a judge of the Superior Court of the State of New Jersey, be permitted to file such notice at any time within 1 year after the accrual of his claim provided that the State has not been substantially prejudiced thereby. Application to a judge of the superior court for permission to file a late notice of claim shall be made upon motion based upon affidavits setting forth sufficient reason for the failure to file his notice of claim within the period of time prescribed by section 6 of this chapter.
Nothing in this chapter shall be construed to prohibit the parties from agreeing to settle contract disputes by arbitration in accordance with the provisions of N.J.S. 2A:24-1 et seq.
No interest shall accrue prior to the entry of judgment in a court of competent jurisdiction, except that the court, in its discretion, may award prejudgment interest on the whole or part of a judgment arising out of or relating to claims for the construction or installation of improvements to real property in accordance with principles of equity.
Whenever any such claim shall have been settled according to law or reduced to final judgment in a court of competent jurisdiction, the same shall be certified by the Attorney General or his designee, to the State Treasurer who shall pay the claim upon the warrant of the Director of the Division of Budget and Accounting out of any funds available to the department or other agency against which the claim was made. Whenever the State Treasurer shall determine that funds are unavailable to pay any such claim, he shall certify the amount of such deficiency and the amount so certified shall be appropriated and paid to the claimant in the manner aforesaid.
The time limitations contained in section 5 of this chapter shall not apply to those claims accruing prior to the effective date of this chapter; provided, however, that any law suits on such claims must be filed in a court of competent jurisdiction within 6 months of the effective date of this chapter or they shall be forever barred.
If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the case in which said judgment shall have been rendered.
a. There is hereby appropriated to the fund established pursuant to section 59:12-1 of this act, the sum of $750,000.00 for use during the fiscal year ending June 30, 1973.
b. There is hereby appropriated to the Division of Law in the Department of Law and Public Safety the sum of $300,000.00 for use during the fiscal year ending June 30, 1973.
a. Subtitle 1 of this act takes effect on July 1, 1972; provided however the Attorney General is authorized to take such anticipatory action prior to the said effective date as he deems appropriate.
b. Subtitle 2 and all other parts of this act shall take effect immediately.
L.1972, c. 45, s. 59:14-4, approved June 1, 1972.
APPENDIX A EMERGENCY AND TEMPORARY ACTS
Revision Note. The acts contained in this appendix have been compiled without change in wording. They are of such nature and duration that it is not believed desirable to include them in the revision proper.
They have been here arranged for convenience of reference and will be indexed the same as other provisions of the revision.
App.A:3-1. Definitions
For the purposes of this act the following terms shall have the following meanings:
(a) Federal Government means the United States of America,
acting through the Federal Emergency Administrator of Public Works, or such other Federal agency as heretofore or may hereafter be designated or created under the National Industrial Recovery Act, and any acts amendatory thereof or supplemental thereto, or revisions thereof, or such other Acts of the Congress of the United States as may hereafter be passed for like or similar purposes; provided, however, that with respect to any public works project consisting of sewerage facilities necessary for the abatement, elimination or control of water pollution the term "Federal Government" shall mean the United States of America acting through the Federal Works Administrator or such other Federal officer or agency that may be authorized to provide Federal aid to municipalities and other agencies for the abatement, elimination or control of water pollution.
(b) Public works project or projects means any building, improvement or other public undertaking which any county, municipality, school district, water district or sewerage district, or any two or more counties or municipalities, are authorized or required by law to undertake or any lawful purpose, not a current expense, for which they are authorized or required by law to make an appropriation, and for the financing of which the county, municipality, school district, water district or sewerage district is to receive a loan or a grant or both from the Federal Government.
(c) Governing body means the board of chosen freeholders, board of commissioners, council, township committee, board of finance, improvement commission, or such board or body as now has the power to make appropriations of money.
(d) Municipality means any city, borough, town, township or village, or any municipality governed by a board of commissioners, or any municipality governed by an improvement commission or by a board of finance.
(e) Resolution means a written act of the governing body adopted by a majority of all the members of such body.
(L.1933, c. 428, s. 1, p. 1148. Amended by L.1949, c. 191, p. 640, s. 2.)
App.A:3-2. Grants or loans; application and acceptance
(L.1933, c. 428, s. 2, p. 1149.)
App.A:3-3. Authorization by resolution; referendum
(L.1933, c. 428, s. 3, p. 1149.)
App.A:3-4. Bond issue; form of statement; publication of resolution
STATEMENT.
The resolution published herewith has been passed and the ten-day period of limitation within which a suit, action or proceeding questioning the validity of such resolution can be commenced has begun to run from the date of this publication.
Clerk.
Such publication shall, in the case of a county, be in a newspaper at the county seat, and in the case of a municipality, in a newspaper published in the municipality, or if there be no such newspaper, in a newspaper published in the county and circulating in the municipality. After the lapse of said ten days, bonds, notes or interim certificates issued pursuant to such resolution shall be valid and binding obligations of any such county or municipality and incontestable for any cause.
(L.1933, c. 428, s. 4, p. 1149.)
App.A:3-5 Financing projects; municipal bonds authorized; special assessments as liens.
L.1933,c.428,s.5; amended 2002, c.15, s.12.
App.A:3-6. Sale of bonds to federal government
(L.1933, c. 428, s. 6, p. 1150.)
App.A:3-7. Municipality may contract with federal government
(L.1933, c. 428, s. 7, p. 1150.)
App.A:3-8. Sale of securities to federal government
(L.1933, c. 428, s. 8, p. 1151.)
App.A:3-9. Form, terms and conditions of bonds, notes or other instruments
(L.1933, c. 428, s. 9, p. 1151.)
App.A:3-10. Other legislation not affected
(L.1933, c. 428, s. 10, p. 1151.)
App.A:3-11. Pending proceedings under other law; continuance
(L.1933, c. 428, s. 11, p. 1152.)
App.A:3-12. Intent and construction of act; partial invalidity
This act shall be liberally construed and the powers hereby granted and the duties hereby imposed shall be construed to be independent and severable. If any one or more sections, sentences, or clauses of this act shall, for any reason, be adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remaining sections, sentences or clauses or other provisions of this act, but shall be confined in its operation to the specific provision so held unconstitutional or invalid.
(L.1933, c. 428, s. 12, p. 1152. Amended by L.1949, c. 191, p. 641, s. 3.)
App.A:3-13. Effective date
(L.1933, c. 428, s. 13, p. 1152.)
App.A:3-14. Paying off refunding bonds; specific appropriations
(L.1934, c. 252, s. 1, p. 711.)
App.A:3-15. Approval of budget or tax ordinance by state auditor; expenses of audit
(L.1934, c. 252, s. 2, p. 712.)
App.A:3-16. Trust fund to meet payments
(L.1934, c. 252, s. 3, p. 713.)
App.A:3-17. Effect of act as contract; enforcement
(L.1934, c. 252, s. 4, p. 714.)
App.A:3-18. Powers, duties and obligations cumulative; tax rate
(L.1934, c. 252, s. 5, p. 714.)
App.A:3-19. Effective date
(L.1934, c. 252, s. 6, p. 714.)
App.A:3-20. Application for federal grant for new armories, additions and alterations authorized
(L.1935, c. 152, s. 1, p. 376.)
App.A:3-21. Existing sites may be used; expenditures authorized
(L.1935, c. 152, s. 2, p. 377.)
App.A:3-22. Effective date
(L.1935, c. 152, s. 3, p. 377.)
App.A:3-23. Amount of federal grant for which quartermaster general may apply, increased
(L.1935, c. 167, s. 1, p. 398.)
App.A:3-24. Existing sites may be used; expenditures authorized
(L.1935, c. 167, s. 2, p. 398.)
App.A:3-25. Effective date
(L.1935, c. 167, s. 3, p. 398.)
App.A:3-26. Appropriation for engineering, architectural and supervision services; limitation
(L.1935, c. 198, s. 1, p. 476.)
App.A:3-27. Effective date
(L.1935, c. 198, s. 2, p. 476.)
App.A:3-28. State appropriations or balances for armory purposes may be combined and treated as unit
(L.1935, c. 296, s. 1, p. 932. Amended by L.1937, c. 46, s. 1, p. 97.)
App.A:3-29. Effective date
(L.1935, c. 296, s. 2, p. 932.)
App.A:3-30. Applications for funds
The State Highway Commissioner, with the approval of the State House Commission, is authorized and empowered for and on behalf of the State of New Jersey to make all applications necessary in order for the said State to receive the benefits of any funds to be expended by the Works Progress Administration or of any other funds that may be provided by the United States Government for the employment of those on relief, where such funds are to be spent upon the roads and bridges of the State highway system or upon any county or municipal road.
L.1938, c. 10, p. 40, s. 1, eff. Feb. 25, 1938.
App.A:3-31. Contracts by State Highway Commissioner with federal government
The State Highway Commissioner, with the approval of the State House Commission, is further authorized and empowered for and on behalf of the State of New Jersey to enter into contracts with the United States Government, or any authorized official thereof, whereby the State agrees to act as sponsor for the aforementioned road and bridge projects and to furnish any materials, supplies, equipment, engineering or other services required by the United States Government as a condition precedent to the furnishing by the said United States Government of labor, materials, supplies, and services from the aforementioned unemployment relief funds.
L.1938, c. 10, p. 40, s. 2.
App.A:3-32. Contract apportioning costs on State aid county or municipal road or bridge; raising of funds by municipalities
When a project shall contemplate work to be done upon a State aid county or municipal road or bridge, then the State Highway Commissioner with the consent of the county or municipality shall enter into a contract setting forth the share to be borne by the United States Government, the share to be paid from State aid funds, and the share, if any, to be borne by the county or municipality from its own funds. If it becomes necessary for a municipality to raise funds for the share to be borne by the said municipality, then the said municipality may raise such funds by resolution setting forth an emergency and all contracts and proceedings hereunder are declared to arise by reason of an emergency, all of which shall be subject to the approval and consent of the State Auditor.
L.1938, c. 10, p. 40, s. 3.
App.A:3-33. Expenditure of highway funds on project within State highway system; transfer of funds; substitution of projects
Whenever a project contemplates work to be done upon a road or bridge within the State highway system, then any funds heretofore appropriated to the State Highway Commissioner or which may hereafter be appropriated, may be expended by the State Highway Commissioner in order to carry out the provisions of any contract with the United States Government, or its authorized official; provided, however, that funds shall be available within the appropriate budget item as provided in section 52:22-20 of the Revised Statutes. Where there are not sufficient funds available within an appropriate budget item, then the State Highway Commissioner may, with the approval of the State House Commission, transfer funds from one item to another. Where the best interests of the State require that a project, not heretofore included in a program as provided in the afore-mentioned section 52:22-20, shall be substituted for a project within a program, then the State Highway Commissioner is authorized, with the approval of the State House Commission, to make such substitution.
L.1938, c. 10, p. 41, s. 4.
App.A:3-34. Partial invalidity
If any section of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or in part, then the section or provision to the extent that it is not unconstitutional, invalid, or inoperative shall be enforced and effectuated and no such determination shall be deemed to invalidate or make ineffectual the remaining sections or provisions of this act.
L.1938, c. 10, p. 41, s. 5.
App.A:3-35. Appointments or assignments to employment from relief rolls; exception
All appointments or assignments to employment on any projects authorized under this act shall be made from the relief rolls of the various municipalities subject to the joint approval of the State Financial Assistance Commission and the Works Progress Administration; provided, however, that engineering, supervisory and administrative employees not to exceed ten per centum (10%) of all employees on any such work may be selected by the State Highway Commissioner and the Works Progress Administration.
L.1938, c. 10, p. 42, s. 5a.
App.A:3-36. Award of contracts after advertising; statements in advertisement
In order to expedite the commencement of work on projects to be financed from funds to be expended by the Works Progress Administration and applied for pursuant to the provisions of the act to which this act is a supplement, the State Highway Commissioner may award contracts after advertising for bids for at least one week. Such publication shall be at least once in each of two newspapers printed in the county where the project is located, and at least once in a newspaper in Trenton, and may be inserted in one or more American Engineering Periodicals. The advertisement shall give a brief description of the work and materials required, specify where plans and specifications can be seen, or had, the hour, date and place where the sealed proposals will be received and publicly opened and read, and such other pertinent information as the commissioner may include.
L.1938, c. 81, p. 199, s. 1, eff. April 4, 1938.
App.A:3-37. Application of supplementary act
The provisions of this act shall apply only to projects undertaken pursuant to the provisions of the act to which this act is a supplement.
L.1938, c. 81, p. 199, s. 2.
App.A:3-38. Use of allotted funds as sponsor's share of any project undertaken
Wherever funds have been allotted to any county or municipality pursuant to the terms of any act whatsoever for expenditure by said county or municipality upon a State aid county or municipal road and such funds are presently being held by the State Highway Commissioner for expenditure upon said State aid county or municipal road, the State Highway Commissioner may, with the consent of the county or municipality to whose credit the said funds are being held, use any such funds as the sponsor's share of any project undertaken pursuant to the terms of the act to which this act is a further supplement.
L.1938, c. 365, p. 923, s. 1, eff. June 14, 1938.
App.A:3-39. Waiver of statutory provisions for matching funds
The provisions of any act requiring the county or municipality to match said fund are hereby waived; providing, however, that this shall only apply to projects undertaken pursuant to the terms of the act to which this act is a further supplement; and provided, further, that this provision shall not apply to funds allotted for the year one thousand nine hundred and thirty-eight or subsequent thereto; and provided, further, that the provisions of this act shall apply to counties of the first class only.
L.1938, c. 365, p. 923, s. 2.
App.A:4-8. Tax exemption
(L.1934, c. 143, s. 1, p. 376.)
App.A:4-9. Payment in lieu of taxes; default
(L.1934, c. 143, s. 2, p. 376.)
App.A:4-10. Local approval of reclamation project
(L.1934, c. 143, s. 3, p. 376.)
App.A:4-11. Application of act
(L.1934, c. 143, s. 4, p. 377.)
App.A:4-12. Effective date
(L.1934, c. 143, s. 5, p. 377.)
App.A:4-12.1. Taxation of state park lands; L.1933, c. 438, p. 1228, repealed
(L.1937, c. 173, s. 1, p. 417.)
App.A:4-12.2. Refund to municipalities
Wherever any municipality has made payment of State, State school and county taxes based on ratables created by the act repealed by this act and when said municipality has failed to receive from the State of New Jersey any appropriation as provided for in the act of which this act is a repealer, said municipality shall be permitted to receive a refund from the State of New Jersey or be permitted to credit payments made under said act towards future State, State school and county taxes. Whenever any county has credited to any municipality or municipalities, payments of State, State school and county taxes, it shall be lawful for said county to withhold the amount of the State tax and the State school tax so credited from any future payment due from said county to the State of New Jersey for State and State school taxes due from said county.
L.1937, c. 173, s. 2, p. 417. Amended by L.1938, c. 70, p. 181, s. 1, eff. April 4, 1938.
App.A:4-12.3. Effective date
(L.1937, c. 173, s. 3, p. 417.)
App.A:4-13. Disposition of water system revenues to meet bonds issued pursuant to contract with federal government
(L.1933, c. 450, s. 1, p. 1249.)
App.A:4-14. Effective date
This act shall take effect immediately.
(L.1933, c. 450, s. 2, p. 1250.)
App.A:4-19. Power to issue bonds; purposes
(a) To pay, fund or refund any or all tax anticipation bonds or notes, tax revenue bonds or notes, tax title bonds or notes, emergency bonds or notes, or interest deficiency notes, which recite that they are issued pursuant to an act of the legislature entitled "An act concerning municipal and county finances," approved March twenty-eighth, one thousand nine hundred and seventeen, as amended and supplemented, and a resolution or resolutions of the governing body of the municipality, and any renewals or extensions thereof, whether due or to become due, including any indebtedness evidenced thereby or interest due or accrued thereon;
(b) To pay, fund or refund any or all amounts unpaid and owing by such municipality or the collector of the taxing district for school, county, state and local district taxes;
(c) To pay, fund or refund any or all indebtedness of such municipality for the payment of which an appropriation has been made in any budget or tax ordinance of the municipality, including any interfund indebtedness where there is not sufficient cash in the debtor fund to repay the creditor fund, any sinking fund and amortization requirements, contract indebtedness and any unpaid bills or claims;
(d) To pay the cost of issuance of such bonds, including printing, advertising, accounting, financial and legal expenses.
(L.1934, c. 60, s. 1, p. 163.)
App.A:4-20. Name of bonds; ordinance; procedure; details
(L.1934, c. 60, s. 2, p. 164. Amended by L.1935, c. 262, s. 1, p. 842.)
App.A:4-21. Maturity; maximum amount; debt statement or limitation
(L.1934, c. 60, s. 3, p. 165.)
App.A:4-22. Provisions of ordinance
(a) The principal amount of bonds authorized by such ordinance and that such bonds are authorized and to be issued under this act;
(b) The maximum interest rate which shall be borne by such bonds;
(c) The maturity dates of such bonds;
(d) The gross amount of uncollected and unabated taxes of the next preceding four fiscal years, including the amount of such taxes represented by tax titles standing in the name of the municipality, which were unpaid and owing to the municipality or the collector of the taxing district as of the last day of the next preceding fiscal year; and
(e) The principal amount of bonds issued under this act which will be outstanding after the bonds authorized by such ordinance are sold and delivered.
A certified copy of any such ordinance shall be filed before final passage thereof in the office of the state auditor. Any matter relating to bonds authorized under this act not herein above required by this section to be stated in an ordinance may be performed or determined by any resolution or resolutions of the governing body of the municipality issuing the same, or the performance or determination thereof may be delegated by any resolution or resolutions to any financial officer of the municipality, and the delivery of such bonds shall be conclusive as to such performance or determination. After any ordinance authorized by this act takes effect, such ordinance, and any resolution or resolutions relating to the bonds authorized thereby, shall be conclusively presumed to have been duly and regularly adopted by such municipality; and to comply with the provisions of this and every other law; and the validity of any such ordinance, resolution or resolutions, or of any bonds issued pursuant to the authority thereof, shall not thereafter be questioned by either a party plaintiff or a party defendant.
(L.1934, c. 60, s. 4, p. 166.)
App.A:4-23. Sale price; exchange or sale of bonds
(L.1934, c. 60, s. 5, p. 167.)
App.A:4-24. Irregularities not to affect bonds; pledge of municipality's credit
(L.1934, c. 60, s. 6, p. 169.)
App.A:4-25. Budget provisions
(L.1934, c. 60, s. 7, p. 169.)
App.A:4-26. Estimating cash receipts; surplus revenues; anticipations, etc.
(a) Surplus revenue, not in excess of the amount thereof appropriated or to be appropriated in such budget or tax ordinance and applicable to any lawful yearly expenditure for the current fiscal year, to the extent only that such surplus revenue is subject to immediate use in cash by the municipality at the time of the adoption of such budget or tax ordinance;
(b) Any sum or sums of money, applicable to any lawful yearly expenditure for the current fiscal year, certified by an officer, board, agency, or commission of the state as receivable in cash by or for the account of the municipality during the current fiscal year under existing legislation, from such officer, board, agency, or commission, or from the state through such officer, board, agency or commission, free from any set-off or counterclaim;
(c) Miscellaneous revenues anticipated in such budget or tax ordinance, applicable to any lawful yearly expenditure for the current fiscal year, not in any instance or as to any item in an amount in excess of the amount of such miscellaneous revenues collected in cash during the next preceding fiscal year;
(d) Collections, applicable to any lawful yearly expenditure for the current fiscal year, of a proportion of the taxes levied or to be levied and payable in the current fiscal year, not in excess of the proportion of the taxes levied and payable during the next preceding fiscal year which was collected in cash during such preceding fiscal year;
(e) Collections of a proportion of the delinquent taxes unpaid and owing to the municipality or the collector of the taxing district on the first day of the current fiscal year, not in excess of the proportion of the delinquent taxes unpaid and owing to the municipality or the collector of the taxing district on the first day of the next preceding fiscal year, which was collected in cash during such preceding fiscal year, to the extent, only, however, that such collections during the current fiscal year will not be required by statute to be set aside and applied to the retirement of tax revenue notes or bonds of any year;
(f) Fees, rentals, or charges for service rendered by any municipal enterprise or utility, applicable to any lawful yearly expenditure for the current fiscal year, not in excess of the amount of such fees, rentals, or charges received in cash during the next preceding fiscal year;
(g) Collection of a proportion of special assessments on property specially benefited finally confirmed at the time of the adoption of such budget or tax ordinance and payable during the current fiscal year and applicable to any lawful yearly expenditure for the current fiscal year, not in excess of the proportion of similar special assessments on property specially benefited payable during the next preceding fiscal year which was collected in cash during such preceding fiscal year;
(h) Collections, applicable to any lawful yearly expenditure, of a proportion of the lien value of the tax titles to real estate standing in the name of the municipality on the first day of the current fiscal year, not in excess of the proportion of the lien value of the tax titles which stood in the name of the municipality on the first day of the next preceding fiscal year which was collected in cash during such next preceding fiscal year, to the extent only, however, that such collections will not be required by statute to be applied to the retirement of tax revenue bonds or notes or tax title bonds or notes; and
(i) Any other or additional sums reasonably anticipated as receivable in cash during the current fiscal year from the above or other sources; provided, however, that approval thereof and consent thereto by the state auditor be first had and obtained as hereinafter provided.
For the purposes of subdivision (h) of this section, collections of the lien value of the tax titles to real estate standing in the name of the municipality shall include receipts arising from the sale or redemption or foreclosure and sale of such real estate or from the sale, assignment or other disposition by the municipality of any certificate of tax sale for said real estate. The receipt shall not be anticipated under any one of the above subdivisions (a), (b), (c), (d), (e), (f), (g), (h) and (i) of this section of any sum or sums of money the receipt of which is anticipated under any other of said subdivisions.
(L.1934, c. 60, s. 8, p. 171.)
App.A:4-27. Ordinances submitted to state auditor; adoption; auditor's expenses included; contractual effect of certain provisions of law
(L.1934, c. 60, s. 9, p. 173.)
App.A:4-28. Definitions
(a) The term "governing body" shall mean the body or board, by whatsoever name it may be known, having charge of the finances of a municipality.
(b) The term "fiscal year" shall mean the fiscal year of a municipality.
(L.1934, c. 60, s. 10, p. 174.)
App.A:4-29. Powers cumulative
(L.1934, c. 60, s. 11, p. 175.)
App.A:4-30. Constitutional severability of provisions
(L.1934, c. 60, s. 12, p. 175.)
App.A:4-31. Effective date
(L.1934, c. 60, s. 13, p. 175.)
App.A:4-31.1. Bonds to refer to original act; definitions
(L.1935, c. 199, s. 1, p. 477.)
App.A:4-31.2. Tax receipts may be anticipated in estimating appropriation for reserve for uncollected taxes
(L.1935, c. 199, s. 2, p. 478.)
App.A:4-31.3. Proceeds of sale of notes deemed cash receipts
(L.1935, c. 199, s. 3, p. 478.)
App.A:4-31.4. Issue of special tax notes authorized; requisites and effect
(L.1935, c. 199, s. 4, p. 478.)
App.A:4-31.5. Budget provision for payment of outstanding notes
(L.1935, c. 199, s. 5, p. 480.)
App.A:4-31.6. Pledge of delinquent special tax receipts to payment of notes; resolution; covenants and effect; remedies
(L.1935, c. 199, s. 6, p. 480.)
App.A:4-31.7. Construction of act as affecting contracts
(L.1935, c. 199, s. 7, p. 481.)
App.A:4-31.8. State not obligated
(L.1935, c. 199, s. 8, p. 481.)
App.A:4-31.9. Partial invalidity of act not to affect remainder
(L.1935, c. 199, s. 9, p. 481.)
App.A:4-31.10. Effective date
(L.1935, c. 199, s. 10, p. 481.)
App.A:4-31.11. Postponement of payment of moneys due school district from municipality; budget
Notwithstanding the provisions of the act to which this act is a supplement, it shall be lawful for the governing body of any municipality in this State which has refunded its debt in whole or in part under the provisions of the act to which this act is a supplement to postpone the payment of any sum or sums due to a school district from the municipality where said sum was due and payable December thirty-first, one thousand nine hundred and thirty-six, and to allow payment of any sum or sums due to be spread over a period of not more than ten years; provided, the board of education of such school district is willing to accept payment from the municipality in said yearly installments and has adopted, or shall adopt, a resolution consenting thereto. In the event that the board of education of the school district has adopted, or shall adopt, such a resolution and the terms of such resolution shall be accepted by resolution of the governing body, then the sum determined by the board of education in such resolution to be due shall be included in the budgets of the municipality for the years and in such amount as shall be set forth in said resolution, and the total of such amounts shall not be charged against "current account-cash" or considered as a cash liability of the municipality.
(L.1939, c. 37, p. 53, s. 1, eff. April 12, 1939.)
App.A:4-32. Refunding bonds; power to issue
(L.1934, c. 233, s. 1, p. 670. Amended by L.1935, c. 170, s. 1, p. 402.)
App.A:4-33. Duration of power
(L.1934, c. 233, s. 2, p. 671. Amended by L.1935, c. 170, s. 2, p. 403, L.1937, c. 35, s. 1, p. 72.)
App.A:4-35. Details of issue and sale; selling price; ordinance
(L.1934, c. 233, s. 4, p. 672. Amended by L.1935, c. 170, s. 3, p. 403.)
App.A:4-36. Bond recitals conclusive evidence of validity; publishing notice of bonds to be funded; filing copy of notice
(L.1934, c. 233, s. 5, p. 673.)
App.A:4-37. Security for payment; resolution requiring separate appropriations; taxes; trust fund
(L.1934, c. 233, s. 6, p. 673.)
App.A:4-38. Bonds may be refunded notwithstanding budget provisions or previous appropriation
(L.1934, c. 233, s. 7, p. 675.)
App.A:4-39. Additional powers
(L.1934, c. 233, s. 8, p. 675.)
App.A:4-40. Constitutional severability
(L.1934, c. 233, s. 9, p. 675.)
App.A:4-41. Effective date
(L.1934, c. 233, s. 10, p. 675.)
App.A:4-42. Annual assessment installments defined
(L.1934, c. 169, s. 1, p. 412.)
App.A:4-43. Effective date
(L.1934, c. 169, s. 2, p. 412.)
App.A:4-47. Payment of taxes in scrip
(L.1933, c. 156, s. 1, p. 322. Amended by L.1934, c. 42, s. 1, p. 126, L.1935, c. 19, s. 1, p. 43, L.1936, c. 57, s. 1, p. 149.)
App.A:4-48. State apportionment paid in scrip to school districts; exception
(L.1933, c. 156, s. 2, p. 323. Amended by L.1934, c. 42, s. 2, p. 126.)
App.A:4-49. County relieved of ninety per cent of obligation
(L.1933, c. 156, s. 3, p. 323. Amended by L.1934, c. 42, s. 3, p. 127, L.1935, c. 19, s. 2, p. 44.)
App.A:4-50. County school boards paid in scrip
(L.1933, c. 156, s. 4, p. 323. Amended by L.1934, c. 42, s. 4, p. 127.)
App.A:4-51. Obligation to issue or accept scrip
4 1/2 . No county or municipality shall be obligated to issue scrip by reason of the provisions of this act nor shall any school district be obliged to accept scrip, other than county scrip, of any municipality other than one of which such school district is a part.
(L.1933, c. 156, s. 4 1/2 , p. 323.)
App.A:4-52. Effective date
(L.1933, c. 156, s. 5, p. 323. Amended by L.1934, c. 42, s. 5, p. 127.)
App.A:4-52.1. Waiver of interest on State school taxes paid in scrip
In any case where municipalities and/or counties in this State have satisfied their State and/or county school taxes by issuing and delivering ninety per centum (90%) thereof in scrip under the provisions of an act entitled "An act relating to the financing of schools," approved May tenth, one thousand nine hundred and thirty-three, and the amendments thereof and supplements thereto, there shall not be charged by any State or county department, or officer thereof, interest on delinquencies except to the extent of interest on the ten per centum (10%) of the State school taxes to be retained by the State Treasurer, under the provisions of the State school law. The acceptance by the receiving school districts of the ninety per centum (90%) of said State school taxes in scrip in lieu of cash shall be considered a waiver of any interest which might be due from the municipality and/or the county on ninety per centum (90%) of said State school taxes so paid in scrip.
(L.1938, c. 12, p. 50, s. 1, eff. Feb. 25, 1938.)
App.A:4-52.2. Effective date
This act shall take effect immediately.
(L.1938, c. 12, p. 50, s. 2.)
App.A:4-53. Maturity of certain school bonds
(L.1934, c. 251, s. 1, p. 710.)
App.A:4-54. Effective date
(L.1934, c. 251, s. 2, p. 710.)
App.A:4-55. School refunding bonds; form and details
(L.1934, c. 185, s. 1, p. 452.)
App.A:4-56. Exchange of bonds; report
(L.1934, c. 185, s. 2, p. 453.)
App.A:4-57. Certification by funding commission; validity of bonds
(L.1934, c. 185, s. 3, p. 453.)
App.A:4-58. Approval of readjustment plan
(L.1934, c. 185, s. 4, p. 454.)
App.A:4-59. Construction; constitutional severability
(L.1934, c. 185, s. 5, p. 454.)
App.A:4-60. Effective date
(L.1934, c. 185, s. 6, p. 454.)
App.A:4-63. Refunding bonds; resolution on or before Dec. 31, 1947; interest; payment; taxes
The board of education of any school district which is governed by chapter seven of Title 18 of the Revised Statutes of New Jersey shall have power to issue its negotiable bonds (hereinafter described as "refunding bonds" ) for the purpose of paying, funding or refunding either the principal of or interest on any bonds or notes heretofore or hereafter issued by such board of education and to pay the cost of issuing such refunding bonds including printing, advertising, accounting, financial and legal expenses. Such refunding bonds shall bear interest at a rate which shall not exceed six per centum (6%) per annum. The issuance of such bonds shall be authorized by resolution or resolutions adopted on or before December thirty-first, one thousand nine hundred and forty-seven, by the vote of two-thirds of the members of such board of education. The power and obligation of the board of education of any school district to pay any refunding bonds issued by it pursuant to this act shall be unlimited and the school district shall levy ad valorem taxes upon all the taxable property within the school district for the payment of such refunding bonds and interest thereon, without limitation of rate or amount and provision shall be made for the payment of such bonds and interest in accordance with the requirements of article seven of chapter seven of Title 18 of the Revised Statutes.
(L.1940, c. 29, p. 106, s. 1. Amended by L.1940, c. 249, p. 952, s. 1; L.1943, c. 19, p. 51, s. 1, L.1945, c. 27, p. 83, s. 1.)
App.A:4-64. Issuance, recitals, date, maturity, etc., of bonds
Such refunding bonds may be issued in one or more series, and shall recite that they are issued pursuant to this act, and shall bear such date or dates, mature at such time or times, not exceeding forty years from their date, bear interest at such rate or rates, payable at such time or times, be in such denomination, in such form either coupon or registered, carry such registration privileges, be executed in such manner, be payable at such place or places and be subject to such terms of redemption with or without premium, as may be determined by resolution or resolutions of the board of education.
(L.1940, c. 29, p. 107, s. 2.)
App.A:4-65. Consent of Local Government Board
No resolution authorizing such refunding bonds or determining or authorizing any matters or acts in connection with such refunding bonds shall take effect unless and until there shall be indorsed upon a certified copy thereof, as adopted, the consent of the Local Government Board of New Jersey.
(L.1940, c. 29, p. 107, s. 3.)
App.A:4-66. Matters to be considered by Local Government Board; statement of reasons for refusing consent
In considering any resolution in connection with the issuance of any refunding bonds, presented to it for the indorsement of its consent thereon, the Local Government Board shall have regard to the probable capacity of the school district to pay at their maturity the refunding bonds proposed to be issued and all other indebtedness then outstanding, taking into consideration both the assessed and the true value of taxable property, and to the equitable distribution of the burden of interest and debt redemption charges in connection with the refunding bonds and other indebtedness theretofore or which may necessarily thereafter be incurred. If the Local Government Board shall refuse to indorse its consent upon any such resolution, it shall make and certify to the school district a statement of its reasons for so refusing.
(L.1940, c. 29, p. 107, s. 4.)
App.A:4-67. Sale of refunding bonds, or exchange for outstanding obligations; report to Department of Local Government
Any such refunding bonds may be sold in such manner as may be determined by resolution, at public or private sale before or after public offering, or may be exchanged before or after public offering for any outstanding obligations to be funded or refunded thereby upon authorization by resolution adopted by vote of two-thirds of the members of the board of education, at such price or prices, computed in the manner or mode of procedure described by "Acme Tables of Bond Value" (published by Financial Publishing Company, Boston, Massachusetts), as will yield to the purchasers or the holders of the obligations surrendered in exchange, income at a rate not exceeding six per centum (6%) per annum to the maturity dates of the several bonds so sold or exchanged on the money paid or the principal amount of the obligations surrendered therefor to the school district. Refunding bonds of any authorized issue or of any authorized maturity may be sold or exchanged as hereinabove provided from time to time and in such blocks as may be deemed advisable. The officer delivering any refunding bonds in exchange for outstanding obligations shall report the amounts and numbers of the refunding bonds so delivered and the outstanding obligations so received, and the report shall be entered in the minutes of the board of education and a copy of such report shall be filed within five days with the State Department of Local Government.
(L.1940, c. 29, p. 107, s. 5.)
App.A:4-68. Reserve or sinking funds
To the end that the principal of and interest on such refunding bonds may be further secured and thereby a more favorable sale or exchange effected, the resolution authorizing such refunding bonds may contain provisions which shall be a part of the contract with the holders of such refunding bonds as to the establishment of, and the making of appropriations for, reserve or sinking funds and the amount, source, securing, regulation and disposition thereof.
(L.1940, c. 29, p. 108, s. 6.)
App.A:4-69. Certification, indorsement or consent of Local Government Board
Any certification, indorsement or consent of the Local Government Board may be made on any such resolution by a majority of the members thereof or may be made by the secretary pursuant to its direction and on its behalf. After the issuance of refunding bonds any certification or indorsement of consent, whether made by the Local Government Board or the secretary, shall be conclusive, and after the issuance of any refunding bonds in reliance thereon, the validity or regularity thereof may not be contested in any suit, action or proceeding relating to the validity of such refunding bonds.
(L.1940, c. 29, p. 108, s. 7.)
App.A:4-70. Powers cumulative
The powers granted by this act are in addition to the powers granted to boards of education by any other law and shall not be affected or restricted by any limitation or restriction imposed by any other law. The powers granted by this act shall not be affected by the invalidity of or any irregularity in any proceedings for the issuance of the outstanding bonds or notes to be funded or refunded by the issuance of bonds pursuant to this act.
(L.1940, c. 29, p. 109, s. 8.)
App.A:4-70.1. Effective date
This act shall take effect immediately.
(L.1940, c. 29, p. 109, s. 9.)
App.A:6-5. Drought surcharge fund; deposit of excess water charges
All such sums as have been or may be collected as excess water charges by the various water purveyors of the State, pursuant to Executive Order No. 104, shall be deposited in a fund to be known as the "Drought Surcharge Fund" to be kept separate and apart from all other State receipts and appropriated only as provided for in this act.
(L.1981, c. 540, s. 1, eff. Jan. 12, 1982.)
App.A:6-6. Appropriation of moneys; purposes
All moneys in the "Drought Surcharge Fund" are hereby appropriated to the Drought Coordinator in the Department of Environmental Protection for disposition as directed by the Drought Coordinator, for the following purposes:
a. Water conservation promotion and the purchase of water conservation devices for distribution to water users affected by Executive Order No. 104;
b. Reimbursement, in whole or part, to water purveyors for reasonable expenses incurred in the administration and enforcement of the water surcharge program established pursuant to Executive Order No. 104, provided that the program is approved by the Drought Coordinator;
c. Reimbursement to customers and water users, in whole or in part, on proper claim therefor in such form and manner as the Drought Coordinator shall prescribe, of such sums collected from customers and water users, upon determination by the Drought Coordinator that the sums were either improperly levied, or that the sums have caused an undue hardship, or serve no useful purpose in the furtherance of the purposes of Executive Order No. 104, or such other justifiable circumstances as determined by the Drought Coordinator. Notice of the right to file for the reimbursement shall be included in customers' water bills and customers shall have 1 year from the date of receipt of the notice to file a claim; and
d. Reasonable administrative costs directly attributable to the present drought emergency incurred by the Drought Coordinator in the discharge of his duties and responsibilities under Executive Order No. 104.
(L.1981, c. 540, s. 2, eff. Jan. 12, 1982.)
App.A:6-7. Monthly report of status and expenditures
The Drought Coordinator shall, within 30 days of the effective date of this act and every 30 days thereafter, transmit a report to the President of the Senate and to the Speaker of the General Assembly, which report shall detail the status of the "Drought Surcharge Fund" and the amounts expended therefrom.
(L.1981, c. 540, s. 3, eff. Jan. 12, 1982.)
App.A:7-1. Commissioner may regulate insurance companies
(L.1933, c. 45, s. 1, p. 87.)
App.A:7-2. Effective date
This act shall take effect immediately.
(L.1933, c. 45, s. 2, p. 87.)
App.A:9-19.1. Removal of member of local defense council
The New Jersey Defense Council may remove any member of a local defense council who violates or participates in the violation of any provision of this act or of the act to which this act is a supplement or of any rule or regulation promulgated by the New Jersey Defense Council.
L.1941, c. 182, p. 569, s. 4.
App.A:9-30. Assistance to government of United States; organization and employment of resources
The Governor is hereby directed to render to the Government of the United States, in the present crisis, and to provide for the public safety, any assistance within the power of the State, and to that end he is authorized to organize and employ any and all resources within the State, whether of men, properties or instrumentalities, and to exercise any and all power convenient or necessary in his judgment to render such assistance.
L.1941, c. 393, p. 1014, s. 1.
App.A:9-31. Duty of public officials to furnish information and assistance
It shall be the duty of every public official in the State to furnish the Governor whatever information and assistance he may require in the execution of this act.
L.1941, c. 393, p. 1014, s. 2.
App.A:9-32. Effective date
This act shall take effect immediately.
L.1941, c. 393, p. 1014, s. 3.
App.A:9-33. Purpose of civilian defense act and disaster control act
The purpose of this act is to provide for the health, safety and welfare of the people of the State of New Jersey and to aid in the prevention of damage to and the destruction of property during any emergency as herein defined by prescribing a course of conduct for the civilian population of this State during such emergency and by centralizing control of all civilian activities having to do with such emergency under the Governor and for that purpose to give to the Governor control over such resources of the State Government and of each and every political subdivision thereof as may be necessary to cope with any condition that shall arise out of such emergency and to invest the Governor with all other power convenient or necessary to effectuate such purpose.
L.1942, c. 251, p. 680, s. 1. Amended by L.1949, c. 86, p. 396, s. 2; L.1953, First Sp.Sess., c. 438, p. 2404, s. 2.
App.A:9-33.1. Definitions
The following words and phrases as used in this act shall have the following meanings:
(1) "Disaster" shall mean any unusual incident resulting from natural or unnatural causes which endangers the health, safety or resources of the residents of one or more municipalities of the State, and which is or may become too large in scope or unusual in type to be handled in its entirety by regular municipal operating services.
(2) "Local disaster emergency" shall mean and include any disaster, or the imminence thereof, resulting from natural or unnatural causes other than enemy attack and limited to the extent that action by the Governor under this act is not required.
(3) "War emergency" shall mean and include any disaster occurring anywhere within the State as the result of enemy attack or the imminent danger thereof.
(4) "Emergency" shall mean and include "disaster" and "war emergency" as above in this section defined.
L.1953, First Sp.Sess., c. 438, p. 2405, s. 3.
App.A:9-34. Emergency powers of Governor
The Governor is authorized to utilize and employ all the available resources of the State Government and of each and every political subdivision of this State, whether of men, properties or instrumentalities, and to commandeer and utilize any personal services and any privately owned property necessary to avoid or protect against any emergency subject to the future payment of the reasonable value of such services and privately owned property as hereinafter in this act provided.
L.1942, c. 251, p. 680, s. 2. Amended by L.1953, First Sp.Sess., c. 438, p. 2405, s. 4.
App.A:9-35. Co-operation with state and federal authorities; federal emergency or defense assistance; agreements
(a) In carrying out the provisions of this act the Governor shall cooperate with the civil, military and naval authorities of the United States and of other States for the purpose of enforcing the defense and emergency policies of the Federal Government and shall conform to the laws, orders, rules and regulations of the civilian, military and naval authorities of the Federal Government.
(b) The Governor or his designated representative is hereby authorized to enter into such agreements with the Federal Government or an agency thereof as he shall deem necessary to obtain available emergency or defense assistance from the Federal Government or its agencies and to do all other acts or things necessary or convenient to secure such assistance. The Governor shall not commit the State to any financial obligation except to the extent of available appropriations, provided, however, that any such agreement may specify (1) that the State will agree to hold and save the United States free from damages which may arise out of the construction, repairs, improvements or rehabilitation, and the maintenance of works and projects undertaken by the Federal Government or its agencies in connection with any such agreement, other than claims arising from the tortious acts of agents or employees of the Federal Government and (2) that the State will provide, free of cost to the United States, all lands, easements, rights-of-way and other areas within the State of New Jersey required in connection with the project undertaken by the Federal Government or its agencies in respect of such agreement, and for the maintenance thereafter of such project. Any such provisions to hold and save the Federal Government free from damages shall not be construed to waive the sovereign immunity of the State in any situation wherein such immunity would otherwise be present. Such sums as may be required, whether in payment of the cost of necessary legal proceedings, as compensation to property owners, or in furtherance of the provisions herein authorized for such agreements, shall be charged against any special or emergency appropriation made by the Legislature in connection with the project which is the subject matter of the agreement with the Federal Government or its agencies.
L.1942, c. 251, p. 681, s. 3. Amended by L.1962, c. 21, s. 1; L.1975, c. 181, s. 1, eff. Aug. 4, 1975.
App.A:9-36. Information may be required
The Governor is authorized to require any public official, citizen or resident of this State or any firm, partnership, or corporation, incorporated or doing business in this State, to furnish to him any information reasonably necessary to enable him to carry out the purposes of this act.
L.1942, c. 251, p. 681, s. 4.
App.A:9-37. Civilian defense director; subordinate offices
There is hereby created in the State Department of Defense, the office of civilian defense director. The civilian defense director shall be appointed by the Governor and shall hold office at the will and pleasure of the Governor with or without compensation in the discretion of the Governor. He shall assist the Governor in effectuating the purposes of this act and, to that end, the Governor is empowered to delegate to the said civilian defense director any of the powers conferred by this act upon the Governor to the extent that such delegation of power is, in the judgment of the Governor, necessary; provided, however, that all such powers shall be exercised in the name of the Governor. The Governor is authorized to establish an adequate organization to assist in supervising and co-ordinating the civilian defense activities of the State Government and of all of the political subdivisions of this State and for that purpose the said Governor is authorized and empowered, within the limits of appropriations, to establish and operate such subordinate offices as may be necessary. Nothing contained herein shall be construed to empower the Governor to delegate to the civilian defense director any of the powers heretofore conferred upon the established State Departments.
L.1942, c. 251, p. 682, s. 5. Amended by L.1949, c. 86, p. 397, s. 3; L.1953, First Sp.Sess., c. 438, p. 2406, s. 5.
App.A:9-37.1. Duties of civilian defense director
Under the supervision of the Adjutant General, Department of Defense, the civilian defense director is hereby concurrently assigned the duties of State Disaster Control Director.
L.1953, First Sp.Sess., c. 438, p. 2406, s. 6. Amended by L.1984, c. 181, s. 37, eff. Nov. 14, 1984.
App.A:9-38. Deputies or assistants
The Governor is empowered to appoint one or more deputies or assistants whom the Governor deems necessary to assist in effectuating the purposes of this act and to fix their compensation, designation, title, powers and duties.
L.1942, c. 251, p. 682, s. 6.
App.A:9-40. Co-operation by public officials; rules and regulations
It shall be the duty of the members of the governing body and of each and every officer, agent and employee of every political subdivision of this State and of each member of all other governmental bodies, agencies and authorities of any nature whatsoever fully to co-operate with the Governor and the civilian defense director in all matters affecting any emergency as defined by this act. The Governor is authorized to make, amend and rescind orders, rules and regulations as in this act provided, and it shall be unlawful for any municipality or other subdivision or any other governmental agency of this State to adopt any rule or regulation or to enforce any such rule or regulation that may be at variance with any such order, rule or regulation established by the Governor. In the event of a dispute on the question of whether or not any such rule or regulation is at variance with an order, rule or regulation established by the Governor under this act, the determination of the Governor shall control.
L.1942, c. 251, p. 682, s. 8. Amended by L.1953, First Sp.Sess., c. 438, p. 2406, s. 7.
App.A:9-40.1 Municipal emergency management coordinator.
b. The provisions of this section shall not bar a municipality from entering into an agreement pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) to designate (1) a municipal emergency management coordinator to serve two or more municipalities jointly, or (2) the county emergency management coordinator appointed pursuant to section 12 of P.L.1953, c.438 (C.App.A:9-42.1) for the county in which that municipality is located as the municipal emergency management coordinator, subject to approval of the governing body of the county. A municipality entering into such an agreement shall notify the State Emergency Management Coordinator.
c. (Deleted by amendment, P.L.2022, c.111)
L.1953, c.438, s.8; amended 1977, c.184; 1984, c.246, s.1; 1989, c.222, s.2; 1995, c.259, s.38; 2003, c.53, s.3; 2013, c.57; 2021, c.50; 2022, c.111.
App.A:9-40.2. Removal of municipal emergency management coordinator
The Governor may remove any municipal emergency management coordinator at any time for cause. In such event the mayor of the municipality or, in the case of a municipality which has adopted the commission form of government pursuant to the provisions of the "commission form of government law" (R.S.40:70-1 et seq.), the commissioner serving as director of the department to which the responsibility for emergency management has been assigned, shall appoint a new municipal emergency management coordinator with the approval of the Governor. If the mayor or commissioner, as appropriate, shall not appoint a municipal emergency management coordinator within 10 days after such office shall become vacant, the Governor may appoint a temporary municipal emergency management coordinator, who shall serve and perform all of the duties of that office until such time as a new municipal emergency management coordinator shall be appointed by the mayor or commissioner, as appropriate, with the approval of the Governor.
L.1953, c.438, s.18; amended 1984,c.246,s.2; 1989,c.222,s.3.
App.A:9-40.3. Deputy municipal disaster control director
Each municipal disaster control director shall appoint a deputy municipal disaster control director with the approval of the mayor. Wherever possible, such deputy shall be appointed from among the salaried officers or employees of the municipality.
L.1953, First Sp.Sess., c. 438, p. 2407, s. 9.
App.A:9-40.4. Duties of municipal emergency management coordinator
Each municipal emergency management coordinator shall be responsible for the planning, activating, coordinating, and the conduct of emergency management operations within his municipality.
L.1953, c.438, s.10; amended 1989,c.222,s.4.
App.A:9-40.5. Proclamation of state of local disaster emergency within municipality; powers of coordinator
Whenever, in his opinion, a disaster has occurred or is imminent in any municipality, the municipal emergency management coordinator of that municipality shall proclaim a state of local disaster emergency within the municipality. The municipal emergency management coordinator, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety, and resources of the residents of the municipality.
L.1953, c.438, s.22; amended 1989,c.222,s.5.
App.A:9-40.6. Aid in time of disaster or emergency
No representative of any municipality shall request aid in time of disaster or emergency directly from noncontiguous municipalities nor shall any municipality or public or semipublic agency send personnel or equipment into a disaster-stricken municipality unless and until such aid has been directed by the county emergency management coordinator or his deputies. Specific exemptions from the action of this section may be granted only by authority of the State Director of Emergency Management.
L.1953, c.438, s.23; amended 1989,c.222,s.6.
App.A:9-41. Local emergency management councils
Every municipality of this State, other than counties, shall create a local emergency management council. Each local emergency management council shall be composed of not more than 15 members who shall be appointed by the mayor or chief executive officer of the municipality and shall hold office at the will and pleasure of the appointing authority. The municipal emergency management coordinator shall be a member and shall serve as chairman of the local emergency management council. The local emergency management council shall assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with rules and regulations established by the Governor in pursuance of the provisions of this act. The local emergency management council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the local municipality. It shall be lawful for the members of the local emergency management council also to be members of other agencies created because of any emergency. Upon the effective date of this act, the local emergency management councils heretofore appointed shall become the respective local emergency management councils provided for in this act and shall thereafter continue to function as such local emergency management councils, subject to the provisions of this act.
L.1942, c.241, s.9; amended 1953,c.438,s.11; 1989,c.222,s.7.
App.A:9-42.1. County emergency management coordinator; appointment; term of office
In every county of this State the governing body shall appoint a county emergency management coordinator, which appointment shall be for a term of three years. The appointments shall be subject to the approval of the State Director of Emergency Management and thereafter shall be subject to his orders. The State Director of Emergency Management shall exercise supervision and control of all such appointees, who may be removed by said State Director of Emergency Management for cause.
L.1953, c.438, s.12; amended 1985,c.504,s.1; 1989,c.222,s.8.
App.A:9-42.1a. Coordinator appointed prior to Jan. 21, 1986, exception; term
Any county emergency management coordinator appointed prior to the effective date of P.L.1985, c.504 (C.App.A:9-42.1a) shall serve for the length of the term to which the coordinator was appointed unless removed for just cause, except that any coordinator not appointed for a specific term shall begin the new term on the effective date of this act. Thereafter, the provision of section 12 of P.L.1953, c.438 (C.App.A:9-42.1) relating to the length of a term shall take effect.
L.1985, c.504, s.2; amended 1989,c.222,s.13.
App.A:9-421b Filling of deputy emergency management coordinator position.
L.1989, c.222, s.10; amended 2008, c.29, s.113.
App.A:9-42.2. Duties of county emergency management coordinator
The county emergency management coordinator shall be responsible for the development, coordination, and activation of countywide mutual aid emergency management plans; and for the activation of such emergency management facilities and services as are available from the resources of the county government.
L.1953, c.438, s.13; amended 1989,c.222,s.11.
App.A:9-43. Other local agencies or instrumentalities
Every political subdivision of this State is authorized to create by resolution any other agencies or instrumentalities that may be needed in order to meet the problems presented by any emergency as defined by this act, not at variance with such rules and regulations as shall be established by the Governor. Any such agencies heretofore or hereafter established shall immediately conform to the rules and regulations that may be adopted and promulgated by the Governor.
L.1942, c. 251, p. 684, s. 11. Amended by L.1953, First Sp.Sess., c. 438, p. 2408, s. 14.
App.A:9-43.1 State Emergency Operations Plan.
a. The plan shall include, but not be limited to, provisions which shall be developed in consultation with:
(1) the Department of Agriculture, to support the needs of animals and individuals with an animal under their care, including domestic livestock, a domesticated animal, or a service animal, in a major disaster or emergency; and
(2) the Department of Health, to provide for a coordinated Statewide evacuation strategy for all hospitals and other health care facilities in the State, alternative sources of care for evacuated patients, and proposed sites of temporary shelter in the event of an emergency. The Statewide evacuation strategy shall be based on evacuation plans prepared pursuant to section 19 of P.L.1989, c.222 (C.App.A:9-43.2) and submitted to the State Office of Emergency Management by each county and municipality in the State pursuant to section 21 of P.L.1989, c.222 (C.App.A:9-43.4).
b. The plan shall:
(1) include provisions that specifically address the need for the safe and timely evacuation of the families and dependents of the emergency responders rendering major disaster or emergency services;
(2) incorporate the results of the risk assessment conducted in accordance with the county storm preparedness funding program established pursuant to section 2 of P.L.2017, c.63 (C.App.A:9-43.17); and
(3) incorporate a framework to address cybersecurity incidents that shall, at a minimum, serve as a mechanism to facilitate and coordinate preparation for detection, analysis, containment and eradication of, and recovery from, a cybersecurity incident, and to prescribe post-incident activity.
c. In addition, the State Office of Emergency Management and each county and municipal emergency management agency shall take appropriate steps to educate the public regarding the resources available in the event of an emergency and the importance of emergency preparedness planning.
L.1989, c.222, s.18; amended 2006, c.92, s.1; 2011, c.178, s.8; 2017, c.63, s.3; 2023, c.54.
App.A:9-43.2 County, municipal written emergency operations plans; coordination.
a. These plans shall include, but not be limited to, provisions which shall be developed in consultation with:
(1) the Department of Agriculture, to support the needs of animals and individuals with an animal under their care, including domestic livestock, a domesticated animal, or a service animal, in a major disaster or emergency; and
(2) the Department of Health and Senior Services to evaluate the evacuation procedures of hospitals and other health care facilities located in each county and municipality, alternative sources of care for evacuated patients, and proposed sites of temporary shelter in the event of an emergency.
b. Each plan shall include provisions that specifically address the need for the safe and timely evacuation of the families and dependents of the emergency responders rendering major disaster or emergency services.
c. Each Emergency Operations Plan shall be adopted no later than one year after the State Emergency Planning Guidelines have been adopted by the State Office of Emergency Management and shall be evaluated at such subsequent scheduled review of the State Emergency Operations Plan.
L.1989, c.222, s.19; amended 2006, c.92, s.2; 2011, c.178, s.9.
App.A:9-43.3 Guidelines for Emergency Operations Plans.
L.1989,c.222,s.20; amended 2000,c.177,s.1.
App.A:9-43.4 Approval by State Office of Emergency Management.
L.1989, c.222, s.21; amended 2010, c.66, s.2.
App.A:9-43.5. Grants to municipalities, counties for development of Emergency Operations Plans
The State Office of Emergency Management, subject to available appropriations and grants from other sources, is authorized to award grants to any municipality or county to assist in the development of an Emergency Operations Plan. The State Office of Emergency Management shall prescribe and promulgate, pursuant to law, procedures for applying for the grant and terms and conditions for receiving the grant.
L.1989, c.222, s.22.
App.A:9-43.6. Technical assistance, planning grants to municipalities
The State and counties shall be authorized to provide technical assistance and planning grants to municipalities to assist in the preparation and revision of municipal Emergency Operations Plans pursuant to section 19 of this amendatory and supplementary act.
L.1989, c.222, s.23.
App.A:9-43.7 Emergency plans, electronic submission by certain entities permitted.
b. School districts required by regulation to develop and implement comprehensive plans, procedures and mechanisms that provide for safety and security in the public and private elementary schools may transmit those plans, procedures and mechanisms, when appropriate, in a secure electronic format by way of any electronic means capable of sending, submitting or presenting confidential information.
c. The State Office of Emergency Management may adopt rules, regulations, and guidelines, to effectuate the purposes of this act.
L.2010, c.66, s.1.
App.A:9-43.7a Hazard mitigation plan, address current, future impacts of, risks associated with climate change, strategies to prevent, mitigate impacts.
"FEMA" means the Federal Emergency Management Agency.
"Hazard mitigation plan" means a plan adopted at the State or county level which identifies the natural hazard risks and vulnerabilities in the State or locality, describes the hazard mitigation strategies to be used by the State or locality in addressing such risks and vulnerabilities, is approved by the Federal Emergency Management Agency, and is required in order for the State or local government to apply for and obtain certain types of emergency disaster assistance under the federal "Robert T. Stafford Disaster Relief and Emergency Assistance Act," Pub.L.100-707 (42 U.S.C. s.5121 et seq.).
"Social vulnerability" means the susceptibility of social groups to the adverse impacts of natural hazards, including disproportionate death, injury, loss, or disruption of livelihood.
"System asset" means a resource of value requiring protection, which resource can be tangible, such as a building, facility, equipment, activity, or operation, or intangible, such as processes or information.
b. A hazard mitigation plan that is adopted or revised by the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, or by a county office of emergency management, on or after the effective date of this act, shall address the current and future impacts of climate change, identify the specific hazards and risks associated with climate change, and include strategies to prevent and mitigate the impacts of climate change on the natural hazards identified through the planning process. Each hazard mitigation plan shall, at a minimum:
(1) identify and analyze the existing and future threats to, and vulnerabilities of, system assets, which threats and vulnerabilities are resulting, or are likely to result, from natural hazards either caused or worsened by climate change;
(2) identify the critical facilities, utilities, roadways, and other types of infrastructure, including, but not limited to, elements identified and consistent with FEMA community guidance for fundamental essential community functions and services in the State or county, as the case may be, that are necessary for evacuation purposes, for sustaining assets and systems that protect life and property during a natural disaster, or for facilitating rapid recovery after a natural disaster; describe the specific climate change-related threats and vulnerabilities, identified pursuant to paragraph (1) of this subsection, that are likely to affect each type of infrastructure, particularly when located in a riparian or coastal flood zone or other low-lying area;
(3) include a social vulnerability assessment that evaluates whether, how, and to what extent socially vulnerable and underserved communities within the State or county, as the case may be, are or may be disproportionately impacted by the existing and future threats, vulnerabilities, and hazards identified pursuant to paragraph (1) of this subsection and the current and future effects of climate change on system assets and critical infrastructure, as identified pursuant to paragraphs (2) and (3) of this subsection. The social vulnerability assessment shall include, but shall not be limited to, an evaluation as to whether, how, and to what extent minority, low-income, and other historically disadvantaged, underserved, or marginalized communities are or may be disproportionately impacted, in particular, by natural hazards such as increased flooding and the development of heat islands;
(4) include an assessment as to whether, how, and to what extent the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection will impact the State's or county's ability, over time, to successfully implement other components of its hazard mitigation plan;
(5) describe the proactive and preventive means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State or county, as the case may be, to: (a) eliminate or reduce the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection; (b) mitigate the hazardous impacts of climate change, particularly in areas subject to flooding; and (c) mitigate the disproportionate impacts of natural hazards on socially vulnerable communities; and
(6) describe the means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State or county, as the case may be, to promptly and effectively mitigate or offset the effects of natural hazards occurring in the State or county, as appropriate.
c. The climate change-related assessments and strategies that are incorporated into a hazard mitigation plan, pursuant to this section, shall be based on the most recent natural hazard projections and best available science.
d. The provisions of a floodplain management plan, emergency operations plan, post-disaster recovery plan, capital improvement plan, or other similar plan that is adopted or revised by the State, county, or local government or other local jurisdiction as the case may be, on or after the effective date of this act, shall be consistent with, and shall reflect, the natural hazard risks of the applicable State or county hazard mitigation plan, which have been incorporated therein pursuant to this section.
e. The Director of the Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, in consultation with the Department of Environmental Protection, may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this section.
L.2023, c.313.
App.A:9-43.8 Definitions relative to coastal evacuation.
"Alternative emergency power generator" means an electricity-generating installation system that operates to provide the electricity needs of a building or structure if the normal source of electricity is disrupted due to a power outage.
"Critical infrastructure" means all buildings or structures in the State that are indispensably necessary for national security, economic stability, and public safety.
"Director" means the Director of the State Office of Emergency Management in the Division of State Police.
"Emergency" means an emergency or local disaster emergency as defined in section 3 of P.L.1953, c. 438 (C.App.A:9-33.1).
"Lane reversal strategy" means an evacuation plan that reverses the flow of traffic in lanes that are normally configured for travel in one direction, resulting in all traffic traveling in the same direction on all lanes of a highway.
"Long term emergency shelter" means a building or structure in which a public entity or a private, nonprofit organization provides shelter for a period of time extending longer than six months to individuals and families who have been displaced from their homes due to an emergency.
"Special needs" means a physical or mental disability or medical care need of an individual who, after exhausting all other resources still needs assistance for evacuation or sheltering before, during, or after a disaster or emergency.
"Temporary emergency shelter" means a building or structure in which a public entity or a private, nonprofit organization provides shelter to individuals and families who have been displaced from their homes due to an emergency until that emergency has ceased.
L.2011, c.178, s.1.
App.A:9-43.9 Annual public awareness program.
b. The program shall inform the public of:
(1) methods by which the State is to notify the public of the initiation of an emergency evacuation of a coastal area;
(2) appropriate evacuation routes;
(3) alternative methods of evacuation, other than that utilizing a personal motor vehicle;
(4) information concerning the preparation and storing of personal evacuation kits;
(5) appropriate supplies of food and potable water that individuals and families should have readily available; and
(6) information relating to the support of, and care for animals, particularly service animals and pets subject to a coastal evacuation; and
(7) any such other matters as the director shall deem appropriate and necessary.
c. In developing this plan, and in making any subsequent revisions, the director shall consult with the Emergency Management Offices of the affected counties and municipalities.
L.2011, c.178, s.2.
App.A:9-43.10 Appointment of commission.
(1) identify appropriate elementary and secondary school buildings that may serve as adequate locations for temporary emergency shelter during an emergency; and
(2) identify specific locations that may serve as long term emergency shelters, during an emergency, for the benefit of individuals who have been displaced from their residence for an extended period of time as a result of that emergency or local disaster emergency.
b. Following the effective date of this act, all elementary and secondary school buildings to be newly constructed shall be evaluated during the planning or design phase and a determination shall be made considering all appropriate factors including, but not limited to, the suitability, necessity, and financial feasibility, as to whether that elementary or secondary school building may serve as a potential location for an emergency shelter during a declared state of emergency.
L.2011, c.178, s.3.
App.A:9-43.11 Duties of director.
a. ensure consistency among the evacuation plans and shelter plans of the State's coastal counties, and such other counties that the director determines may be affected by the evacuation of the coast in an emergency, and integrate those plans into a Statewide evacuation plan;
b. work in coordination with the county offices of emergency management to revise any evacuation or shelter plan that, upon review, proves to be inconsistent with the evacuation plans of other counties, or with the State Emergency Operations Plan Guidelines; and
c. consult with and seek the advice of private nonprofit organizations when implementing the provisions of this section, which shall include, but not be limited to, the American Red Cross.
L.2011, c.178, s.4.
App.A:9-43.12 Identification of critical infrastructures.
L.2011, c.178, s.5.
App.A:9-43.13 Central registry for residents with special needs.
b. Each county that creates such a registry shall conduct a public awareness campaign, utilizing the Internet and any other available resources, to inform the general public of the importance of identifying and registering individuals with special needs prior to an emergency so that appropriate preparations may be made to ensure that these individuals receive necessary assistance during an evacuation. Information collected for purposes of a central registry created pursuant to this section shall be used only by the county office of emergency management that collected the information to prepare for and provide assistance to residents with special needs in an emergency, and shall not otherwise be divulged or made publicly available; provided however, that the director may, at the director's discretion, access and obtain information from a central registry maintained by a county office of emergency management if the information is used directly and exclusively by the director to prepare an Emergency Operations Plan required pursuant to section 19 of P.L.1989, c.222 (C.App.A:9-43.2).
c. A central registry maintained by a county office of emergency management and any information contained therein, or accessed and obtained by the director in accordance with subsection b. of this section, shall not be included under materials available to public inspections pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
d. Each municipality in the State may maintain a list containing the names and addresses of municipal residents who identify themselves as being in need of special assistance in the event of an emergency in accordance with the provisions of section 1 of P.L.2017, c.266 (C.40:48-2.67).
L.2011, c.178, s.6; amended 2017, c.266, s.5.
App.A:9-43.14 Implementation of lane reversal strategy.
b. The operator of a motor vehicle shall not tow any trailer, semitrailer, or any other type of drawn or towed trailer, including a trailer transporting a boat, on a public highway located in an area where an emergency has been declared and any evacuation plan, including but not limited to a lane reversal strategy, is in effect. The operator of a motor vehicle who violates this prohibition may be charged with failure to obey signals, signs, or directions under emergency conditions with regard to the flow of vehicular traffic, and upon conviction thereof shall be subject to penalties for a violation of section 3 of P.L.1950, c.70 (C.39:4-215). This prohibition shall not apply to emergency vehicles.
L.2011, c.178, s.7.
App.A:9-43.15 Definitions relative to emergency evacuation.
"Domestic companion animal" means any animal commonly referred to as a pet that was bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. "Domestic companion animal" does not include livestock as defined in N.J.A.C. 2:2-1.1.
"Public transportation or public transportation service" means rail passenger service, motorbus regular route service, paratransit service, motorbus charter service, and ferry passenger service as defined in section 3 of P.L.1979, c.150 (C.27:25-3).
b. In the event that a state of emergency has been declared and an evacuation of any region of the State is in progress, the owner of a domestic companion animal shall be permitted to board any public transportation or public transportation service with the domestic companion animal so long as that animal is under the owner's control by use of a leash or tether, or is properly confined in an appropriate container or by other suitable means, provided that such boarding is authorized by and consistent with the provisions of the State Emergency Operations Plan developed pursuant to paragraph (1) of subsection a. of section 18 of P.L.1989, c.222 (C.App.A:9-43.1) pertaining to the needs of animals and individuals with an animal under their care. The provisions of this act shall only apply to the owners of domestic companion animals who are evacuating from a region of the State affected by the emergency or local disaster emergency as defined in section 3 of P.L.1953, c.438 (C.App.A:9-33.1). A domestic companion animal may be refused permission to board any public transportation or public transportation service, even if the animal is under the owner's control or properly confined in accordance with this subsection if there is reasonable cause to believe that, due to attendant circumstances, permitting the animal to board would pose a health or safety hazard.
c. All passengers with service animals shall be given priority seating on all means of transportation regulated by this act in accordance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.). For the purposes of this act, "service animal" shall have the same meaning as set forth in the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regulations under the act.
d. All passengers on any public transportation or public transportation service shall be provided seating before a domestic companion animal may be placed in a seat.
L.2013, c.265, s.1.
App.A:9-43.16 Findings, declarations relative to emergency preparedness.
a. Severe weather conditions, such as hurricanes and nor'easters, are detrimental to the health, safety, and welfare of New Jersey residents and businesses because of their resulting loss of life, damage to property, and unsanitary conditions.
b. Protection of the State's infrastructure is a matter of utmost urgency and should be accomplished through comprehensive regional planning, regulation, and coordination between the State and county offices of emergency management to establish a storm preparedness program designed to protect the areas of the State which are most vulnerable to storm damage.
c. It is therefore in the public interest to take measures to prevent, or at least minimize, loss of life and property damage by ensuring that the counties most vulnerable to severe weather conditions are identified and that necessary precautions are taken by the State Office of Emergency Management and each county and municipal emergency management agency to protect the public from the potential dangers and losses attributable to storm damage.
L.2017, c.63, s.1.
App.A:9:43.17 Definitions; county storm preparedness funding program.
"Risk assessment" means an assessment of expected future damage or losses to a county's infrastructure caused by severe weather conditions.
"Severe weather conditions" means weather related flood, hurricane, nor'easter, tornado, high water, wind-driven water, tidal wave, or other catastrophe which is of sufficient severity and magnitude to substantially endanger the health, safety, and property of the residents of this State.
b. The State Office of Emergency Management shall establish a county storm preparedness funding program. In implementing the program, the State Office of Emergency Management, in consultation with the Department of Environmental Protection and the Board of Public Utilities, shall biennially conduct a risk assessment to determine each county's degree of vulnerability to infrastructure damage caused by severe weather conditions. The formula for the risk assessment shall be based on the following criteria:
(1) the number of times that all or a portion of a county has been declared a federal disaster area due to a storm or flood occurring in the prior 10 years;
(2) the amount of property damage incurred within a county as a result of storms or floods occurring in the prior 10 years that caused all or a portion of the county to be declared a federal disaster area;
(3) the number of times that all or a portion of a county has been declared an agricultural disaster area by the United States Secretary of Agriculture due to a storm or flood occurring in the prior 10 years, and the amount of damage incurred and acreage affected;
(4) the estimated total assessed value of all real property in a county;
(5) the estimated number of persons in a county residing in a flood hazard area, as defined pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), and any rules or regulations adopted pursuant thereto;
(6) the number of times in the prior 10 years that at least 1,000 households and businesses in a county have lost electric power for at least two days due to a storm or flood event according to the Board of Public Utilities, which shall compile this information and make it available to each county upon request;
(7) the number of permits issued by the Department of Environmental Protection pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), the waterfront development law, R.S.12:5-3, and the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) in a county in the prior five years;
(8) the estimated number of persons in a county residing within 150 feet of the mean high water line of any tidal waters;
(9) the mileage of coastal shoreline in a county;
(10) the mileage of streams at least 10 feet wide that have flooded their banks in a county in the prior five years; and
(11) any other factors or parameters that the State Office of Emergency Management, in consultation with the Department of Environmental Protection, may determine to be useful and appropriate to furthering the purposes of this act, which shall be adopted as rules or regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
c. The results of the risk assessment shall be incorporated into the State Emergency Operations Plan pursuant to subsection b. of section 18 of P.L.1989, c.222 (C.App.A:9-43.1) and shared with each county office of emergency management.
d. The Director of the State Office of Emergency Management, subject to available State appropriations, federal grants, and any other funds that become available, is authorized to annually provide funding to the county offices of emergency management in amounts proportionate to each county's risk assessment as determined by the director. The director shall prescribe, pursuant to law, procedures and terms and conditions for receiving the funds. The funds shall be used by the county offices of emergency management exclusively for emergency preparedness purposes, which may include but shall not be limited to the purchase or modernization of emergency management facilities, emergency equipment, flood mitigation services, or emergency management vehicles.
L.2017, c.63, s.2.
App.A:9-43.18 Definitions relative to Code Blue alert plans.
"At-risk individual" means an individual living outdoors, on the streets, in the parks or in poorly insulated settings, and who is at risk for weather-related exposure and possible death.
"Coordinator" means the county emergency management coordinator appointed pursuant to section 12 of P.L.1953, c.438 (C.App.A:9-42.1).
"County governing body" means the board of chosen freeholders, or in the case of those counties organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the board of chosen freeholders and the county executive, the county supervisor, or the county manager, as appropriate.
L.2017, c.68, s.1.
App.A:9-43.19 Plan for issuance of Code Blue alert.
L.2017, c.68, s.2.
App.A:9-43.20 Declaration of Code Blue alert.
a. temperatures will reach 32 degrees Fahrenheit or lower; or
b. the National Weather Service wind chill temperature will be zero degrees Fahrenheit or less for a period of two hours or more.
L.2017, c.68, s.3; amended 2019, c.427, s.1.
App.A:9-43.21 Review of weather forecasts.
L.2017, c.68, s.5.
App.A:9-44. Private civilian defense agencies to be approved
No private civilian agency of any nature whatsoever, carrying on any activities connected with any emergency, shall operate within the State of New Jersey without the approval of the Governor. Any person who shall be an officer, employee, agent or member of or who shall knowingly perform any work or activities connected with any such agency, which has not received the approval of the Governor, shall be guilty of a violation of this act.
L.1942, c. 251, p. 684, s. 12. Amended by L.1953, First Sp.Sess., c. 438, p. 2409, s. 15.
App.A:9-45. Orders, rules, and regulations; black-outs, air raids, etc.; posting
In order to accomplish the purposes of this act, the Governor is empowered to make such orders, rules and regulations as may be necessary adequately to meet the various problems presented by any emergency and from time to time to amend or rescind such orders, rules and regulations, including among others the following subjects:
a. On matters pertaining to the method of conducting black-outs, partial black-outs, and modifying and controlling illumination, and pertaining to the conduct of the civilian population of this State during such black-outs, partial black-outs, and periods during which illumination is modified.
b. On matters pertaining to air raid warnings and air raids and the conduct of the civilian population during the alert period of an air raid or of a threatened or impending air raid and during and following any air raid.
c. Concerning the organization, recruiting, training, conduct, duties and powers of volunteer agencies, including air raid wardens, auxiliary police and firemen, demolition and clearance crews, fire watchers, road repair crews, rescue squads, medical corps, nurses' aides corps, decontamination squads, drivers' corps, messengers' corps, emergency food and housing corps, utility repair squads, and all other civilian protection forces exercising or performing any functions or duties in connection with the problems of local civilian defense or emergency management.
d. The designation of vehicles and persons permitted to move during air raids or any emergency.
e. The conduct of the civilian population during the threat of and imminence of danger or any emergency.
f. The method of meeting threatened air raid danger insofar as it affects the children in our schools.
g. Concerning the meeting or counteracting of threatened and actual sabotage, subversive activities, and other dangers incident to any emergency.
h. Concerning the method of evacuating residents of threatened districts and the course of conduct of the civilian population during any necessary evacuation.
i. On any matter that may be necessary to protect the health, safety and welfare of the people or that will aid in the prevention of loss to and destruction of property.
j. Such other matters whatsoever as are or may become necessary in the fair, impartial, stringent and comprehensive administration of this act.
All such orders, rules and regulations when established shall be forthwith promulgated by proclamation of the Governor, which promulgation shall be deemed to be sufficient notice to the public. All such orders, rules and regulations when promulgated shall be binding upon all political subdivisions, public agencies, public officials and public employees of this State. All such orders, rules and regulations having to do with the conduct of persons which shall be adopted by the Governor and promulgated as provided herein shall be binding upon each and every person within this State. Upon the adoption and promulgation of orders, rules and regulations as provided above, the civilian defense director shall send a copy to the municipal emergency management coordinator and to the clerk of each municipality of this State in which such order, rule or regulation will take effect. The said municipal clerk shall forthwith post any such order, rule or regulation in a public place in the municipal building.
L.1942, c.251, s.13; amended 1953,c.438,s.16; 1989,c.222,s.12.
App.A:9-45.1. Officers to perform duties in accordance with rules and regulations
An officer of a municipality or county who is charged with duties pertaining to emergency management planning shall perform his duties in accordance with rules and regulations promulgated by the Governor.
L.1953, c.438, s.17; amended 1989,c.222,s.13.
App.A:9-46. Reciprocal orders, rules, and regulations
The Governor may make such reciprocal orders, rules and regulations and special rulings pertaining to any one or more States designated therein as may be necessary in order to effectuate the purposes of this act.
L.1942, c. 251, p. 686, s. 14.
App.A:9-47. Suspension of motor vehicle or other regulations
The Governor is authorized to provide by his rules and regulations that any motor vehicle regulation or traffic act provision or any other regulatory provision of law, the enforcement of which will be detrimental to the public welfare during any black-out, air raid, threatened air raid, preparations for emergencies or during the threat or imminence of danger in emergency, shall be suspended during such black-out, air raid, threatened air raid, preparations for emergencies or during the threat or imminence of danger. The judgment of the Governor on all such matters shall be conclusive.
L.1942, c. 251, p. 686, s. 15. Amended by L.1953, First Sp.Sess., c. 438, p. 2411, s. 19.
App.A:9-48. Emergency commander
The Governor shall be in command in the event of any actual or imminent or threatened disaster or catastrophe in anywise connected with any emergency, and the Governor is authorized to designate the person to take command anywhere within this State of all emergency management activities in the event of such actual or imminent or threatened disaster or catastrophe, and is further authorized to delegate to such emergency commander any and all powers which in the judgment of the Governor it is deemed necessary to delegate. The judgment of the Governor in such matters shall be conclusive. Nothing contained in this section shall be construed to apply to any case where the federal government has assumed jurisdiction pursuant to the war powers of said government.
L.1942, c.251, s.16; amended 1953,c.438,s.20; 1989,c.222,s.14.
App.A:9-49. Violations as disorderly conduct; penalty; prosecution
Any person who shall:
a. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people; or
b. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger during any emergency that contributes to the loss of or destruction to property; or
c. Hamper, impede, or in any way interfere with any person who is performing any function authorized under this act; or
d. Drive any motor vehicle in a prohibited area during a black-out or while an air raid alert is in progress or in any other manner contrary to the rules and regulations covering any period of danger or any emergency; or
e. Go within a prohibited area contrary to rules and regulations; or
f. Refuse to obey the lawful orders of any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function during the threat or imminence of danger or any emergency; or
g. Refuse to cooperate with any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function in connection with activities during the threat or imminence of danger or any emergency; or
h. Violate any order, rule or regulation adopted by the Governor and promulgated as provider by this act; or
i. Violate any other provision of this act declared herein to be unlawful--shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both a fine and imprisonment, in the discretion of the court.
Prosecution for the imposition of a penalty pursuant to this section shall be commenced in the municipal court of the municipality wherein the offense is alleged to have occurred. The State shall be required to prove all elements of the offense beyond a reasonable doubt in order to obtain a conviction.
L.1942, c. 251, p. 687, s. 17. Amended by L.1953, First Sp.Sess., c. 438, p. 2412, s. 21; L.1982, c. 108, s. 1, eff. Aug. 4, 1982.
App.A:9-49.1 Towing, transportation of boats prohibited during emergency evacuations.
L.2011, c.103, s.1.
App.A:9-50. Aiding or abetting violation
Any person who shall knowingly aid or abet another in the violation of any provision of this act shall also be adjudged a disorderly person and punishable in the same manner as the violation aided or abetted.
L.1942, c. 251, p. 688, s. 18.
App.A:9-51. Extraordinary emergencies; powers; compensation boards; proceedings for compensation
a. Whenever, in his opinion, the control of any disaster is beyond the capabilities of local authorities, the Governor is authorized:
(1) To assume control of all emergency management operations.
(2) To proclaim an emergency if he deems the same necessary.
(3) Temporarily to employ, take or use the personal services, or real or personal property, of any citizen or resident of this State, or of any firm, partnership or unincorporated association doing business or domiciled in this State, or of any corporation incorporated in or doing business in this State, or the real property of a nonresident located in this State, for the purpose of securing the defense of the State or of protecting or promoting the public health, safety or welfare; provided, that such personal services or property shall not be employed or used beyond the borders of this State unless otherwise authorized by law.
b. Compensation for any personal services required of any natural person under the provisions of subsection a. of this section shall be paid at the prevailing established rate for services of a like or similar nature.
c. There is hereby established an emergency compensation board in and for each county of the State, to be composed of three persons appointed by the Governor who shall serve at the will and pleasure of the Governor and without compensation. Wherever the volume of work makes it necessary, the Governor may appoint one or more additional emergency compensation boards in any county of this State. The emergency compensation board shall award reasonable compensation to the party entitled thereto for any property employed, taken or used under the provisions of this subsection and for any injury caused by such employment, taking or using. Any party who deems himself entitled to such compensation as is provided for in this section may file a petition for an award with the board, naming the State as defendant. Such petition shall be filed with an emergency compensation board in the county in which the property was located at the time it was employed, taken or used. A copy of said petition shall be served on the Attorney General. The board shall thereupon after reasonable and proper notice to the petitioner and the Attorney General, grant a hearing upon such petition and render a decision fixing the amount of the award. This award shall be paid within one year after the decision is rendered from any funds appropriated by the State for such purpose.
d. Any party who deems himself aggrieved by the decision of an emergency compensation board of any county shall have the right to bring an action for such compensation against the State as defendant in the Superior Court, according to the practice and procedure covering condemnation proceedings in such court. Either the State or the petitioner shall have a right to trial by jury in such court.
e. When, in the opinion of the Governor, the period of emergency under which action has been taken by him as provided under subsection a. of this section has passed, he shall issue a proclamation declaring its end and suspending the powers granted to him under subsection a. of this section and no petition for an award as provided for in subsection c. shall be filed after one year from the date of the Governor's proclamation declaring the end of the emergency; provided, that any member of the Armed Forces of the United States whose property was employed, taken or used as provided in said subsection a. of this section may file such petition within two years after the Governor's proclamation.
L.1942, c.241, s.19; amended 1953,c.438,s.24; 1989,c.222,s.15.
App.A:9-51.1. Definitions
As used in this act unless a different meaning clearly appears:
(a) "Disaster area" means any area of the State in which an emergency has been proclaimed to exist by the President of the United States or the Governor of the State.
(b) "Period of emergency" means a period terminating 6 months from the date an area was designated a disaster area.
(c) "Prohibited area" means the part or parts of a municipality subject to the municipal ordinance authorized by this act.
L.1962, c. 44, s. 1.
App.A:9-51.2. Prohibition by ordinance of construction or repair of buildings during emergency
The governing body of any municipality in a disaster area may, by ordinance, prohibit the construction, reconstruction or repair of buildings and structures in any part of the municipality if it shall find that:
(a) essential facilities such as roads and water and sewerage systems will not be available and usable during the period of emergency or any part thereof; or
(b) the damage or loss to buildings and structures in the prohibited area exceeds an amount equal to 20% of the total assessed value based at 100% of true value, at the time of the disaster, of the buildings and structures in such area.
L.1962, c. 44, s. 2.
App.A:9-51.3. Contents of ordinance; exceptions
Such ordinance shall designate the specific part or parts of the municipality to which it shall apply and shall further provide that:
(a) repairs may be made to any building or structure within the prohibited area if the cost of such repairs will not exceed an amount equal to 40% of the assessed value of the building or structure based at 100% of true value at the time of damage; and
(b) repairs may be made to any building or structure to the extent necessary to maintain such building or structure in a safe and sound condition. If such repairs are not possible or feasible, the ordinance shall authorize the demolition of the building or structure.
L.1962, c. 44, s. 3.
App.A:9-51.4. Duration of ordinance
Any ordinance passed pursuant to the provisions of this act shall remain in force and effect for the period of the emergency or such lesser period of time as the ordinance shall provide.
L.1962, c. 44, s. 4.
App.A:9-51.5. Construction or repair of protective barriers in municipalities bordering Atlantic ocean or Delaware bay
When the governing body of any municipality bordering on the Atlantic ocean or Delaware bay shall find that there exists a threat or danger to life and property by reason of the damage to or the destruction of sand barriers and other natural or manmade barriers which protect the municipalities, and that it is necessary to the health, safety and welfare of the municipality to repair, restore, replace or construct such protective barriers, such governing body may, by resolution, as an exercise of the police power of the State designate the properties required for the purpose of providing such protective barriers and authorize the appropriate municipal or governmental officials or agencies or the representatives thereof to enter immediately upon such property to take control and possession thereof, and to do such acts as may be required, including removing, destroying or otherwise disposing of any property located thereon without first paying any compensation therefor.
Such resolution shall provide that no entry shall be made upon such property for a period of at least 10 days following the passage of such resolution, unless the governing body shall find that the public safety and interest requires that entry be made within a shorter period of time. In such case, entry may be made after the expiration of such time period as shall be fixed by the resolution.
L.1962, c. 48, s. 1.
App.A:9-51.6. Agreements with state or federal government; provisions
The governing body of any municipality subject to the provisions of this act may by resolution or, where required in order to receive aid from the State or the Federal Government to assist in providing protective barriers, by ordinance, authorize and direct the chief executive official of the municipality acting for and on behalf and in the name of the municipality to enter into such agreements with the State or the Federal Government or any agency thereof to do such acts or things as shall be necessary or convenient to secure such aid and assistance.
Such agreement may provide:
(a) That the municipality will hold and save harmless the State and Federal Government or any agency thereof free from damages which may arise out of the construction, repair, restoration or replacement and the maintenance of such protective barriers undertaken by the State or the Federal Government or agency thereof in connection with any such agreement;
(b) That the municipality will provide, free of cost to the State and Federal Government, all lands, easements, rights of way or other areas within the municipality required in connection with the work undertaken by the State, the Federal Government or agencies thereof in respect of such agreement;
(c) That the municipality will undertake to maintain and preserve the protective barriers constructed, repaired, restored, or replaced by the State or Federal Government or agencies thereof;
(d) That the municipality will do such other acts as may be necessary to carry out the terms of the agreement.
L.1962, c. 48, s. 2.
App.A:9-51.7. Compensation for taking of property
Nothing in this act shall be construed to deny to any person who has an interest in any property which has been possessed by the municipality the right to obtain therefor just compensation to the extent that such property shall have been taken by the municipality. No compensation shall be granted to any individual to the extent that the action of the municipality does not amount to a taking of property but to a reasonable regulation of property pursuant to a proper exercise of the police power.
L.1962, c. 48, s. 3.
App.A:9-51.8. Satisfaction of financial obligations; guarantee of bonds by county
(a) The governing body of the municipality to the extent that the municipality may incur a financial obligation by virtue of the provisions of this act shall satisfy such obligations:
(1) By appropriating the amount necessary by an emergency appropriation adopted pursuant to the provisions of the "Local Budget Law," N.J.S. 40A:4-1 et seq.; or
(2) By the adoption of a bond ordinance pursuant to the provisions of the Local Bond Law which ordinance shall be deemed to authorize obligations within the purposes set forth in section 40A:2-7 of the New Jersey Statutes.
(b) The county in which such municipality shall be located may, with the approval of the Director of the Division of Local Government, pursuant to resolution duly adopted, by its governing body, after notice published in a manner provided for by a resolution authorizing bonds of such county pursuant to the aforesaid Local Bond Law and with or without consideration and upon such terms and conditions as may be agreed to by and between any such county and municipality, unconditionally guarantee the punctual payment of the principal of and interest on any bonds of the municipality so issued for the purposes set forth in this act. Any guaranty of bonds of the municipality made pursuant to this section shall be evidenced by endorsement thereof on such bonds executed in the name of the county and on its behalf by such official thereof as may be designated in the resolution authorizing such guaranty and such county shall thereupon and thereafter be obligated to pay the principal of and interest on said bonds in the same manner and to the same extent as in the case of bonds issued by it. Any such guaranty of bonds of a municipality may be made, and any resolution authorizing such guaranty may be adopted notwithstanding statutory or other debt limitations, including particularly any limitation or requirement under or pursuant to the said Local Bond Law but the principal amount of bonds so guaranteed shall, after their issuance, be included in the gross debt of such county for the purposes of determining the indebtedness of such county under or pursuant to said Local Bond Law.
In order to meet the obligation for payment of principal of or interest on any such bonds by virtue of such guaranty, a county is hereby authorized to borrow the funds necessary to meet such obligation and to issue such promissory note or notes therefor payable within 2 years from the date of such borrowing to the extent that funds of such county are not otherwise available for such purpose.
The municipality shall repay to the county as soon as practicable all sums paid by the county by virtue of the aforesaid bond guaranty.
L.1962, c. 48, s. 4. Amended by L.1963, c. 81, s. 16.
App.A:9-51.9. Payment of claims out of Special Beach Erosion Fund
The Commissioner of Conservation and Economic Development is hereby authorized to accept claims submitted to him by any municipality which has taken action pursuant to the provisions of this act for payment from the Special Beach Erosion Fund established by chapter 18, P.L.1962, approved March 29, 1962, and to process such claims in accordance with the provisions of said chapter 18, P.L.1962, but in no event shall the total amount of money paid out of such fund for such claims exceed the amount of $400,000.00. The commissioner may require as a condition of the approval of such claim that the municipality enter into an agreement with the commissioner on behalf of the State of New Jersey by which it will permit the beaches of the municipality to be used by the general public upon such reasonable terms and conditions as shall be established by the municipality and approved by the commissioner.
L.1962, c. 48, s. 5.
App.A:9-52 Liability for injury to persons or property.
L.1942, c.251, s.20; amended 1952, c.14; 2017, c.68, s.4.
App.A:9-53. Appropriations
The unexpended balances of any appropriations heretofore made to the New Jersey Defense Council and to the office of secretary for defense are hereby reappropriated to and shall be available for expenditure by the Governor in order to effectuate the purposes of this act and such appropriations shall not lapse. The unexpended balances of any appropriations heretofore made to the local defense council is hereby reappropriated to and shall be available for expenditure in the usual manner by the local defense council of the respective municipalities established under this act.
L.1942, c. 251, p. 690, s. 21.
App.A:9-54. Term of person appointed by or with approval of Governor
Any person appointed by the Governor or with the approval of the Governor under any provision of this act shall serve only at the will and pleasure of the Governor.
L.1942, c. 251, p. 691, s. 22.
App.A:9-55. Partial invalidity
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
L.1942, c. 251, p. 691, s. 23.
App.A:9-56. Repeal; local agencies approved by New Jersey Defense Council and rules of such Council continued
All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, but all local agencies heretofore created and approved by the New Jersey Defense Council are hereby continued subject to the provisions of this act and all orders, rules and regulations of the New Jersey Defense Council heretofore adopted and promulgated shall remain in effect until otherwise ordered by the Governor.
L.1942, c. 251, p. 691, s. 24.
App.A:9-57. Effective date
This act shall take effect immediately.
L.1942, c. 251, p. 691, s. 25. Amended by L.1949, c. 86, p. 397, s. 4.
App.A:9-57.1. Definitions
Unless otherwise clearly indicated in this act, the words and phrases listed hereafter shall have the following meanings:
"Director of Civil Defense," "local defense council," "local chairman," "district or regional office," are those agencies and their directors set up under the provisions of the act to which this act is a supplement.
"Civil defense volunteer" means any natural person who is registered with a local defense council or with a district or regional office of the Director of Civil Defense and holds an identification card issued by the local chairman or State director for the purpose of engaging in authorized civil defense service without pay or other consideration.
"Authorized civil defense service" means all activities authorized by the local defense council or by a district or regional office in accordance with regulations and orders of the Director of Civil Defense and shall include duties and services performed by an air-raid warden during training or practice periods, during attack, actual or imminent, and subsequent to attack; and duties and services performed by a civil defense volunteer other than an air-raid warden during training or practice periods and following attack, but not during attack, actual or imminent.
"Injury" means accidental injury (producing objective symptoms immediately) arising out of and in the course of authorized civil defense service and disease or infection that may be sustained or death incurred either as the natural and unavoidable result thereof or as the result of exposure to radiation or to noxious gases or to germ warfare in the course of such authorized service if such exposure did not produce objective symptoms immediately.
"Date of injury" in the case of injury arising from exposure to radiation or to noxious gases or to germ warfare, if such exposure did not produce objective symptoms immediately, means the date of the first treatment for disease or infection sustained as a result of such exposure in the course of authorized civil defense service.
L.1952, c. 12, p. 52, s. 1.
App.A:9-57.2. Benefits to civil defense volunteers
(a) The injury is proximately caused by authorized civil defense service, and
(b) The injury is not caused by the gross negligence or intoxication of the injured civil defense volunteer, and
(c) The injury is not intentionally self-inflicted and is not due to willful exposure to radiation or to noxious gases or to germ warfare, and
(d) Medical treatment or hospital care is undergone by the civil defense volunteer because of the injury within 30 days of the date of injury, where objective symptoms are immediate, or within five months after the date when the civil defense volunteer shall have ceased to be subject to exposure to radiation or to noxious gases or to germ warfare, if the treatment or hospital care is required because of such exposure which did not produce objective symptoms immediately. This subsection shall not apply if death occurs immediately.
Claims for disability, death, medical and hospital benefits for civil defense volunteers, all of whom have been renamed "emergency management volunteers" by Executive Order No. 101 of 1980, which arise on or after the effective date of P.L.1995, c.383, shall be filed with and determined by the Division of Workers' Compensation in the Department of Labor in accordance with the provisions of articles 1, 2, 3, and 4 of chapter 15 of Title 34 of the Revised Statutes.
L.1952,c.12,s.2; amended 1995,c.383,s.6.
App.A:9-57.3. Schedule of benefits
The schedule of benefits for civil defense volunteers under this act is hereby established as follows:
(a) Total disability. If the injury sustained by the civil defense volunteer wholly and continuously disables him from the date of injury and prevents him from performing each and every duty pertaining to his usual and ordinary occupation, weekly benefits shall be payable during the continuance of such disability for a period of 26 weeks, at which time such payments shall cease unless the civil defense volunteer shall have submitted to such physical and other examination as shall be required to establish that because of such disability it is impossible for him to perform each and every duty of any occupation, in which case further weekly benefits shall be payable during the period of such total disability, up to a maximum period of disability of 104 weeks from the date of injury. The weekly benefit is $45.00 but not to exceed 66 2/3 % of the wages received from regular employment at the date of injury or, in the case of a civil defense volunteer who was self-employed at the date of injury, of an assumed wage which shall be deemed to be the entire net income from self-employment minus investment income for the last calendar year preceding the date of the injury. Where a civil defense volunteer is not employed at the date of injury, where he has had no income from self-employment for a period of 1 month prior to the date of injury, or where he refuses or is unable to furnish satisfactory proof of his net income from self-employment the weekly benefit is $15.00. No weekly benefits shall accrue and be payable until the civil defense volunteer has been disabled 7 days, which period shall be termed the waiting period. The day that the civil defense volunteer is injured shall count as 1 whole day of the waiting period.
(b) Medical and hospital care. If the injury sustained by the civil defense volunteer requires medical or hospital care, payment shall be made for the expense of such medical, surgical and other treatment and hospital service as shall be necessary to cure and relieve the civil defense volunteer of the effects of the injury and to restore the functions of the injured member or organ where such restoration is possible; but the aggregate cost of all such attendance and treatment shall not exceed the sum of $750.00 for any one injury. All fees and other charges for such physicians' and surgeons' treatment and hospital treatment shall be reasonable and based on the usual fees and charges which prevail in the same community for similar physicians', surgeons' and hospital services.
(c) Death. If death results from the injury within 90 days following the date of injury the sum of $3,000.00 shall be paid to the spouse of the civil defense volunteer, if living, otherwise to the surviving child or children, share and share alike, if any, otherwise to the legal representative or representatives of the estate of the civil defense volunteer. Such payment shall be in addition to any weekly benefits to which the civil defense volunteer may have been entitled under subsection (a) of this section. If death occurs after 90 days following the date of the injury or within such 90-day period and from a cause other than the injury but during the period of total disability for which weekly benefits are payable, an amount equal to 4 weekly benefit payments shall be payable to the beneficiary previously designated herein. No payment of a fractional weekly benefit shall be made for the week in which death occurs.
L.1952, c. 12, p. 54, s. 3. Amended by L.1969, c. 296, s. 1, eff. Jan. 16, 1970.
App.A:9-57.4. Benefits unpaid at time of death
If any benefits due to a civil defense volunteer under this act are unpaid at the time of his death, such benefits shall be payable to the beneficiary designated in the preceding section for the payment of death benefits.
L.1952, c. 12, p. 56, s. 4.
App.A:9-57.5. Minors deemed sui juris; labor law
Civil defense volunteers who are minors shall be deemed to be sui juris for the purpose of receiving benefits under the provisions of this act. Work as a civil defense volunteer shall not be deemed as employment or in violation of any of the provisions of the labor law.
L.1952, c. 12, p. 56, s. 5.
App.A:9-57.6. Benefits not assignable; exemption
Benefits payable under this act shall not be assignable and shall be exempt from all claims of creditors and from levy, execution or attachment.
L.1952, c. 12, p. 56, s. 6.
App.A:9-57.7. Persons entitled to benefits
Benefits as provided in this act shall be the exclusive remedy of a civil defense volunteer, his or her spouse, dependents, or legal representative or representatives, for any injury, disease or death arising out of and in the course of civil defense volunteer service, as against the State, any political subdivision of this State, any civil defense agency or any person or other agency acting under governmental authority in furtherance of civil defense activities, with or without negligence. A member of a civil defense agency of the Federal Government or of another State, who may perform services within this State, whether pursuant to a mutual aid compact or otherwise, shall not be entitled to benefits under the provisions of this act.
L.1952, c. 12, p. 56, s. 7.
App.A:9-57.8. Workmen's compensation benefits preclude benefits hereunder
No benefits for injury under the provisions of this act shall be payable to any civil defense volunteer or to the dependents of a deceased civil defense volunteer otherwise entitled to receive workmen's compensation under the provisions of chapter fifteen of Title 34 of the Revised Statutes or under any Federal Workmen's Compensation Law.
L.1952, c. 12, p. 57, s. 8.
App.A:9-57.9. Notice of claim
Written notice of claim for benefits under this act must be filed with the local defense council or with the district or regional office with which the injured civil defense volunteer is registered or with the Director of Civil Defense within thirty days after the date of injury or, if death results therefrom, within thirty days after death. Failure to give notice within the time hereinbefore set forth shall not invalidate any claim if it shall be shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.
L.1952, c. 12, p. 57, s. 9.
App.A:9-57.10. Submission of notice of claim; contents
The notice of claim may be submitted personally or sent by registered mail. It shall contain the name and address of the civil defense volunteer and of the local defense council or district or regional office with which he is registered, and state the time, place, nature and cause of the injury. The notice shall be signed by the civil defense volunteer or someone authorized to act on his behalf or, in case of death, by any person having an interest in the claim or someone authorized to act on behalf of such person.
L.1952, c. 12, p. 57, s. 10.
App.A:9-57.11. Physical examination of claimants
After an injury, the civil defense volunteer, if so requested by the local defense council or by such other agency or agencies as shall be charged, under the provisions of this act, with the responsibility of determining the benefits payable to such claimant, must submit himself for physical examination and X-ray at some reasonable time and place within this State, and as often as may be reasonably requested, to a physician or physicians authorized to practice under the laws of this State. If the civil defense volunteer requests, he shall be entitled to have a physician or physicians of his own selection present to participate in such examination. The refusal of the civil defense volunteer to submit to such examination shall deprive him of the right to any benefits under this act during the continuance of such refusal. When a right to benefits is thus suspended no benefits shall be payable in respect to the period of suspension.
L.1952, c. 12, p. 57, s. 11.
App.A:9-57.12. Refusal of claimant to accept proffered medical and surgical treatment
Whenever it shall appear to the local defense council, or to such other agency or agencies as shall be charged, under the provisions of this act, with the responsibility of determining the benefits payable, that recovery of an injured civil defense volunteer is being prejudiced by virtue of his refusal to accept proffered medical and surgical treatment deemed necessary by the physician selected by them or by his failure or neglect to comply with the instructions of the physician in charge of the case, such modification may be made in the benefits payable under this act as shall be justified by the facts.
L.1952, c. 12, p. 58, s. 12.
App.A:9-57.13. Proof of claim; forms
Upon receipt of written notice of claim, forms will be furnished to the claimant for filing proofs of claim. Written proof of claim must be submitted on these forms to the local defense council or district or regional office of the Director of Civil Defense within ninety days after the termination of the period for which weekly benefits are payable and in case of claim for any other benefits within ninety days after the date of such loss. If such forms are not furnished within thirty days after receipt of such notice, the claimant shall be deemed to have complied with the requirements of this section as to proof of loss upon submitting, within the time for filing proofs of claim, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
L.1952, c. 12, p. 58, s. 13.
App.A:9-57.14. Process of claims; investigation of claims; rules and regulations; employees; payment of benefits
It shall be the responsibility of the local defense council or the district or regional office of the Director of Civil Defense, as the case may be, to process all claims for which notice is received pursuant to this act. Such claims must then be approved by the chairman of the local defense council before they are submitted for final approval to a Claim Committee consisting of the Director of Civil Defense, the Commissioner of Banking and Insurance, the Commissioner of Labor and Industry, the State Auditor and the State Treasurer, or their duly appointed representatives. This committee or its duly authorized representative may investigate any and all claims for benefits under this act and shall make a final determination of the benefits to be paid or allowed to any claimant. For the purposes of this act such committee shall have the power to make, amend, modify and repeal rules and regulations for the processing, review and determination of claims, and to select and employ such clerks and assistants as may be deemed necessary and to fix and determine their powers and duties; and the committee may also, in its discretion, arrange with any domestic carrier or carriers to investigate any or all such claims and to liquidate and pay such claims as are valid. The committee shall from time to time authorize the State Treasurer to pay from the special fund for civil defense volunteers any benefit or other amounts due hereunder and to reimburse such carrier or carriers for benefit payments so made together with reasonable allowance for the services so rendered.
L.1952, c. 12, p. 58, s. 14.
App.A:9-57.15. Special fund for civil defense volunteers
Any moneys remaining in the fund after satisfaction of each of the claims for injuries occurring before the effective date of P.L.1995, c.383 and payable under this section shall be deposited in the General Fund.
L.1952,c.12,s.15; amended 1995,c.383,s.7.
App.A:9-57.16. Insurance or reinsurance
L.1952,c.12,s.16; amended 1995,c.383,s.8.
App.A:9-57.17. Special fund the sole source for payment of benefits
L.1952,c.12,s.17; amended 1995,c.383,s.9.
App.A:9-57.18. Reserves
Within five years after the direction by the Legislature by joint resolution to such effect, the Claim Committee shall determine the amount of outstanding liabilities of the special fund and shall establish reasonable reserves to pay to claimants weekly benefits for total disability, expenses of medical and hospital care and death benefits, and to meet the cost of administering any unpaid claims and the same shall become a charge against the fund. Any balance in the fund after the establishment of such reserves shall lapse into the State treasury.
L.1952, c. 12, p. 60, s. 18.
App.A:9-57.19. Expense of administering act
The entire expense of administering this act shall be paid out of the special fund and charged thereto. Approval of the Director of the Division of Budget and Accounting shall be required for all such expenditures except those for claims approved by the Claim Committee under section fourteen hereof.
L.1952, c. 12, p. 60, s. 19.
App.A:9-57.20. Reduction of benefits where United States furnishes benefits
Should the United States Government or any agent thereof, in accordance with any Federal statute or rule or regulation, furnish monetary assistance, benefits or other temporary or permanent relief to civil defense volunteers or to civil defense volunteers and their dependents for injuries arising out of and in the course of authorized civil defense service, then the amount of benefits which the civil defense volunteer or his dependents are otherwise entitled to receive under this act shall be reduced by the amount of monetary assistance, benefits or other temporary or permanent relief the civil defense volunteer or his dependents have received or will receive from the United States or any agent thereof as a result of the injury.
L.1952, c. 12, p. 60, s. 20.
App.A:9-57.21. Medical, surgical or hospital treatment furnished by United States precludes similar treatment under act
If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States Government or any agent thereof furnishes medical, surgical or hospital treatment or any combination thereof to an injured civil defense volunteer or will reimburse such civil defense volunteer for the expense of such treatment, then the civil defense volunteer shall have no right to receive payment for or reimbursement of the expense of such medical, surgical or hospital care under the provisions of this act.
L.1952, c. 12, p. 61, s. 21.
App.A:9-57.22. No benefits payable where United States will furnish equivalent benefits in absence of benefits under act
If the payment of benefits under the provisions of this act to a civil defense volunteer or his dependents prevents such civil defense volunteer or his dependents from receiving equivalent assistance, benefits or other temporary or permanent relief under the provisions of a Federal statute or rule or regulation, then the civil defense volunteer and his dependents shall have no right to and shall not receive any benefits under the provisions of this act for any injury for which the United States Government or any agent thereof will furnish equivalent assistance, benefits or other temporary or permanent relief in the absence of the payment of benefits under this act.
L.1952, c. 12, p. 61, s. 22.
App.A:9-57.23. False statements or representations
If for the purpose of obtaining any benefit or payment under the provisions of this act or for the purpose of influencing any determination regarding any benefit payment, either for himself or another, any person, including officials charged with the responsibility of approving all claims, shall willfully make a false statement or representation or fail to disclose a material fact of which he has knowledge, he shall be guilty of a misdemeanor. In addition to the other penalties provided by this act, any person who for the purpose of obtaining any benefit or payment under this act, or for the purpose of influencing any determination regarding any benefit payment, knowingly makes a false statement with regard to a material fact, shall not be entitled to receive any benefits, cash or medical, for the disability claimed.
L.1952, c. 12, p. 61, s. 23.
App.A:9-57.24. Partial invalidity
If any section, subsection, paragraph, sentence, or clause of this act is held invalid or unconstitutional, such decision shall not affect the remaining portions of this act.
L.1952, c. 12, p. 62, s. 24.
App.A:9-57.25. Civil defense forces of other states; powers, duties and privileges
The civil defense forces of any other State, which is a party to the Interstate Civil Defense and Disaster Compact ratified on behalf of the State of New Jersey by chapter eight of the laws of one thousand nine hundred and fifty-one, while operating within the limits of this State under the terms and conditions of said compact, shall have the same powers (including that of arrest), duties, rights, privileges and immunities as if they were performing their duties in the State in which they are normally employed or rendering services.
L.1953, c. 117, p. 1303, s. 1.
App.A:9-57.26. Emergency management volunteers and their dependents; disability, death, medical and hospital benefits
The provisions of chapter 12 of the laws of 1952, supplemental to the act of which this act is amendatory and supplementary, providing disability, death and medical and hospital benefits, in certain cases, to emergency management volunteers and their dependents, shall apply in the same manner to such volunteers and their dependents under the provisions of this amendatory and supplementary act.
L.1953, c.438, s.25; amended 1989,c.222,s.16.
App.A:9-57.27. Repeal
Sections seven and ten of chapter two hundred fifty-one of the laws of one thousand nine hundred and forty-two are repealed.
L.1953, First Sp.Sess., c. 438, p. 2416, s. 26.
App.A:9-58. "Director of Civil Defense" defined
As used in this act the term "Director of Civil Defense" means the civilian defense director referred to in section five of the act to which this act is a supplement.
L.1951, c. 72, p. 461, s. 1.
App.A:9-59. Mutual aid agreements with other states
The Governor, and the Director of Civil Defense subject to the approval of the Governor, are authorized and empowered to enter into and implement on behalf of this State mutual aid agreements, compacts or arrangements in relation to civil defense with other States, their political subdivisions or their civil defense authorities.
L.1951, c. 72, p. 461, s. 2.
App.A:9-60. Mutual aid agreements between political subdivisions
Subject to the approval of the Director of Civil Defense and to the rules and regulations heretofore or hereafter promulgated pursuant to authority contained in the act to which this act is a supplement, two or more political subdivisions of this State may enter into mutual aid agreements for reciprocal aid and assistance in furtherance of any of the purposes of the act to which this act is a supplement.
L.1951, c. 72, p. 461, s. 3.
App.A:9-61. Powers and duties of members of civil defense forces
Notwithstanding any inconsistent provision of law, members of civil defense forces in this State and members of the civil defense forces of other States or of the Federal Government performing civil defense services at any place in this State pursuant to agreements, compacts or arrangements for mutual aid and assistance, to which the State or a political subdivision thereof is a party, shall possess the same powers, duties, rights, immunities and privileges they would ordinarily possess if performing their duties in the State or political subdivision in which normally employed or rendering service.
L.1951, c. 72, p. 461, s. 4.
App.A:9-62. Acceptance of services, equipment, supplies, or funds from Federal government
Whenever the Federal Government or any agency or officer thereof shall offer to the State, or through the State to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of civil defense, the State, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its executive officer or governing body, may accept such offer and upon such acceptance the Governor of the State or executive officer or governing body of such political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the State or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
L.1951, c. 72, p. 462, s. 5.
App.A:9-63. Acceptance of services, equipment, supplies, or funds from individuals, firms or corporations
Whenever any person, firm, or corporation shall offer to the State or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of civil defense, the State, acting through the Governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer and upon such acceptance the Governor of the State or executive officer or governing body of such political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the State or such political subdivision, and subject to the terms of the offer.
L.1951, c. 72, p. 462, s. 6.
App.A:9-64 Short title.
L.2001,c.246,s.1.
App.A:9-65 Findings, declarations relative to domestic security preparedness.
a. The events of September 11, 2001 have refocused attention on the importance of domestic preparedness for any terrorist attack, and the utility of maintaining a select task force, comprised of representatives of State government, local emergency management and law enforcement officials, the Federal Emergency Management Agency, the Federal Bureau of Investigation, and relief organizations, for developing a coordinated plan of action to prepare for, respond to, and recover from, incidents of terrorism;
b. Because the targets of terrorist activities may not be limited to the public sector, the State also must review the preparedness of the private sector to ensure its readiness and to foster cooperation and coordination between the public and private sectors in assessing risks and developing and implementing preparedness, response and recovery strategies; and
c. It is, therefore, altogether fitting and proper, and within the public interest, to reinforce and expand the State's existing anti-terrorism efforts by integrating and enhancing intelligence gathering and preparedness efforts throughout State and local government and the private sector in New Jersey by establishing a New Jersey Domestic Security Preparedness Task Force in, but not of, the Department of Law and Public Safety, in order to maximize, enhance and effectuate coordination of the disaster preparedness and recovery resources provided through the Office of Emergency Management in the Division of State Police, the New Jersey National Guard and county and local emergency management organizations.
L.2001,c.246,s.2.
App.A:9-66 Definitions relative to domestic security preparedness.
"Planning group" means the Domestic Security Preparedness Planning Group established pursuant to section 8 of this act.
"Task force" means the Domestic Security Preparedness Task Force created pursuant to section 4 of this act.
L.2001,c.246,s.3.
App.A:9-67 Domestic Security Preparedness Task Force.
b. The task force may appoint, in accordance with its plan of operation, such personnel, including attorneys, professionals in the field of terrorism and terrorism preparedness, disaster response, mitigation and recovery, and such other special consultants and experts as may be deemed necessary to carry out its duties under this act, as well as such clerical and other personnel as may be appropriate and necessary. All employees appointed pursuant to this section shall be in the unclassified service of the civil service of the State and shall be deemed confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).
L.2001, c.246, s.4; amended 2011, c.62, s.1.
App.A:9-68 Duties of task force.
a. The development of proposals to preserve, protect and sustain domestic security and to ensure a comprehensive program of domestic preparedness. The task force shall formulate proposals for operational plans relative to domestic security, using inter-agency expertise, coordination and resource planning to meet and address the need to prevent terrorist attacks, to mitigate their impact, and to prepare and plan for the various responses required in the event of a terrorist attack. In carrying out this function, the task force shall identify and assess potential risks to the domestic security and well-being of New Jersey's citizens, including risks to, and disruptions of, essential State and local infrastructures, transportation networks, public and private telecommunications and information networks, financial systems and networks, the delivery and availability of essential health care services, and the potential impact of terroristic chemical, biological and nuclear attacks or sabotage.
b. The development, implementation and management of comprehensive responses to any terrorist attack or any other technological disaster and the effective administration, management and coordination of remediation and recovery actions and responses following any such attack or disaster. In this regard, the task force shall be charged with managing responses in accordance with the State Emergency Operations Plan and serve as an all-hazards response center. The disaster remediation, recovery and response functions performed by the task force shall supplement those disaster relief functions currently performed by the Office of Emergency Management in the Division of State Police, which shall continue in its current capacity, subject to the direction and supervision of the Superintendent of State Police. The task force and Office of Emergency Management shall coordinate and consult with each other on the performance of their respective remediation, recovery and relief functions.
L.2001,c.246,s.5.
App.A:9-69 Adoption of standards, guidelines, protocols.
b. The task force may draw on the assistance of any State, county, or municipal government, independent authority or other agency or instrumentality of the State for the purposes of carrying out its duties under this act.
c. Subject to applicable constitutional and statutory limitations, the task force may seek or request and, if necessary, compel the production of such information as it deems necessary to perform its duties under this act; provided, however, that any such information that is confidential in nature, including proprietary information, shall be deemed privileged and shall not be publicly disclosed by the task force unless directly relating to the security, public safety or well- being of the citizens of this State.
L.2001,c.246,s.6.
App.A:9-70 Infrastructure Advisory Committee.
L.2001,c.246,s.7.
App.A:9-71 Domestic Security Preparedness Planning Group.
b. The members of the planning group shall include the Director of the New Jersey Office of Emergency Management, the Adjutant General of Military and Veterans' Affairs or his designee, the Commissioner of Agriculture or his designee, the Commissioner of Community Affairs or his designee, the Commissioner of Corrections or his designee, the Commissioner of Environmental Protection or his designee, the Commissioner of Health or his designee, the Commissioner of Human Services, or his designee, the Commissioner of Transportation or his designee, the Executive Director of the New Jersey Transit Corporation or his designee, the State Treasurer or his designee, the Chief State Medical Examiner or his designee, the President of the Board of Public Utilities or his designee, a representative of the New Jersey County Emergency Management Coordinators Association, a representative of the New Jersey State Fire Chiefs Association, and a representative of the New Jersey State Police Chiefs Association. The planning group may include, to the extent such individuals may be made available for such purpose, a representative of the Federal Emergency Management Agency, a representative of the Federal Bureau of Investigation, a representative of the American Red Cross, and a representative of such other charitable groups as may be appropriate. The chairperson of the task force shall appoint the chair and vice chair of the planning group.
L.2001, c.246, s.8; amended 2012, c.45, 137; 2018, c.62, s.52.
App.A:9-72 Duties of planning group.
b. There shall be established within the planning group a Weapons of Mass Destruction Advisory Committee. For the purposes of this subsection, weapons of mass destruction shall include, but not be limited to, nuclear weapons and biological or chemical agents. The Adjutant General of Military and Veterans' Affairs, or his designee, shall chair the advisory committee. The committee shall investigate and assess the nature and extent of the risk associated with terroristic attack or sabotage involving such weapons and shall assist the planning group and task force in developing appropriate preparedness plans. In performing its duties, the advisory committee may call upon the expertise, special training, and technological skill and capability of the New Jersey National Guard in the development, preparation, coordination and integration of the plans.
L.2001,c.246,s.9.
App.A:9-73 Noncompliance, action for relief.
L.2001,c.246,s.10.
App.A:9-74 Records not deemed public; OPMA not applicable.
b. Cognizant of the public safety and well-being of the citizens of this State and their domestic security, neither the task force nor the planning group shall be subject to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
L.2001,c.246,s.11.
App.A:9-75 Program of laboratory services for detection, analysis of chemical, biological agents.
L.2001,c.246,s.12.
App.A:9-76 Annual report by task force to Legislature.
L.2001,c.246,s.13.
App.A:9-77 Effective date, continuance of task force.
L.2001,c.246,s.15; amended 2001, c.455.
App.A:9-78 Definitions relative to fees charged in renting motor vehicles; $2 to fund Domestic Security Account.
"Rental company" means a person engaged in the business of renting motor vehicles.
"Rental motor vehicle" means a passenger automobile, truck or semitrailer that is rented without a driver and used in the transportation of persons or property other than commercial freight.
b. Each rental company doing business in this State shall pay a fee for each rental motor vehicle that the company shall have rented from a location in this State under the terms of a rental agreement for a period of not more than 28 days. The amount of the fee shall be $5 for each day or part thereof that each such vehicle was rented. The fee shall be separately stated to the person to whom the motor vehicle is rented and shall not be included in the receipts subject to the taxes imposed pursuant to the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.).
The director of the Division of Taxation in the Department of the Treasury shall collect and administer the fee; in so doing, the director shall have all the powers granted pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.). The director may, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), make, adopt, amend or repeal such rules and regulations as the director finds necessary to carry out the provisions of this subsection.
c. There is established in the General Fund the New Jersey Domestic Security Account, which shall be a dedicated nonlapsing account. Amounts paid to the State Treasurer from the first $2 of the fee for each day or part thereof that a rental motor vehicle was rented pursuant to subsection b. of this section shall be deposited into the account upon receipt. Moneys in the account, including interest thereon, shall be available exclusively for appropriation to support medical emergency disaster preparedness for bioterrorism, security coverage at nuclear power facilities, State Police salaries related to Statewide security services, and counter-terrorism programs.
L.2002, c.34, s.54; amended 2006, c.42.
App.A:9-79 Definitions relative to criminal history record background checks for certain contractors.
"Applicant" means a person 18 years of age or older who is employed or is being considered for employment by an independent contractor to work in a critical position within a designated facility;
"Critical position" means a position with duties or responsibilities which may affect the public safety or national security as determined by the Attorney General, in consultation with the Director of the Office of Homeland Security and Preparedness, the Commissioner of Environmental Protection, and industry representatives, pursuant to section 3 of this act;
"Designated facility" means "facility" as defined in section 3 of P.L.1985, c.403 (C.13:1K-21), the owner or operator of which is required to submit a registration form pursuant to section 4 of P.L.1985, c.403 (C.13:1K-22);
"Independent contractor" means a person, firm, company or organization which enters into a contract to work within, supply or deliver materials to a designated facility and whose employees have physical access to a designated facility; and
"Industry representatives" means a group of individuals, chosen by the Attorney General, in consultation with the Director of the Office of Homeland Security and Preparedness and the Commissioner of Environmental Protection with expertise in identifying critical positions which may affect public safety and national security at designated facilities.
L.2006, c.101, s.1.
App.A:9-80 Criminal history record background checks for employees of contractors in critical position at designated facility.
L.2006, c.101, s.2.
App.A:9-81 Determination of titles, positions designated as critical positions.
L.2006, c.101, s.3.
App.A:9-82 Applicants to submit to fingerprinting, background checks.
L.2006, c.101, s.4.
App.A:9-83 Notification of qualification, disqualification of applicant; appeal; maintenance of information.
b. An applicant shall have 20 days from the date of written notice of disqualification to file an appeal with the department for a review of the criminal history record information or identity verification information to, establish rehabilitation or to dispute the accuracy of such information pursuant to regulations adopted by the Attorney General.
c. An applicant's criminal history record information or identity verification information submitted under this act shall not be maintained for more than six months from the date of the final disposition of the applicant's disqualification.
L.2006, c.101, s.5.
App.A:9-84 Development of system to certify applicants, issuance of credentials; fees.
b. An independent contractor shall provide written documentation to a designated facility that all employees placed in critical positions have been certified, pursuant to this section.
c. In addition to the fees imposed to cover the cost of criminal history background checks and identity verification checks authorized by section 4 of P.L.2006, c.101 (C.App.A:9-82), the Attorney General may impose a reasonable fee, to be borne by the independent contractor, for each applicant to cover the costs incurred by the department associated with the qualification or disqualification of applicants and the development, creation, and issuance of credentials for qualified applicants authorized pursuant to this act.
L.2006, c.101, s.6.
App.A:9-85 Rules, regulations.
L.2006, c.101, s.7.
App.A:9-86 Development, dissemination of building security drill guide, training materials.
b. The drill guide and training materials shall be updated at regular intervals in order to ensure that they incorporate the most current information available on school security.
c. As used in this section, "receiving school" means an educational services commission, jointure commission, regional day school, county special services school district, the Marie H. Katzenback School for the Deaf, approved private school for students with disabilities, and public college-operated programs for students with disabilities.
L.2009, c.178, s.3; amended 2023, c.212, s.3.
App.A:9-87 Findings, declarations.
a. The three-year "New Jersey Nonprofit Security Grant Pilot Program" established under P.L.2017, c.246 in the Office of Homeland Security and Preparedness (OHSP) expired on January 10, 2020;
b. In these volatile times, the need to remain vigilant concerning domestic security and State and local preparedness remains of imminent importance;
c. Certain nonprofit organizations continue to be at high-risk for threats, attacks, and other violent acts, and would continue to benefit from engaging in target-hardening activities to reduce vulnerability;
d. Federal grant money distributed through the United States Department of Homeland Security's Nonprofit Security Grant Program provides these organizations with a competitive process to secure funds for certain target-hardening activities, the expansion of existing security personnel, or the hiring of temporary security personnel, but such federal funds are appropriated annually and are discretionary;
e. With the threat potential increasing during specific times of year or when high-profile events are occurring, certain nonprofit organizations would benefit from additional funding to ensure security personnel is adequate to meet the increased need;
f. Because threats, attacks, and other violent acts are not limited to public sector entities, it is appropriate for the State to assist certain targeted nonprofit organizations in the private sector to ensure their readiness and the safety of their surrounding communities; and
g. Accordingly, it is within the public interest to make the "New Jersey Nonprofit Security Grant Program" in the Office of Homeland Security and Preparedness permanent to continue to provide grants to eligible nonprofit organizations at greatest risk of attack to hire permanent or temporary security personnel and for acquisition of target-hardening equipment for the purpose of preparedness and reduction of vulnerability.
L.2021, c.439, s.1.
App.A:9-88 Definitions.
"Director" means the Director of the Office of Homeland Security and Preparedness.
"Eligible nonprofit organization" means a nonprofit organization located in New Jersey which is exempt from federal taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. s. 501 (c)(3)).
L.2021, c.439, s.2.
App.A:9-89 "New Jersey Nonprofit Security Grant Program" established; criteria for grant; funds distributed, adjusted.
b. The director shall administer the New Jersey Nonprofit Security Grant Program. There shall annually be distributed to approved eligible nonprofit organizations a maximum grant of up to $10,000 per approved application for personnel and a maximum grant of up to $50,000 for target-hardening equipment. The director may adjust these amounts based upon the final availability of funds, analytical trends, and emerging threats.
c. An eligible nonprofit organization shall apply to the Office of Homeland Security and Preparedness to receive a grant under the program, for either costs of security personnel or acquisition of target-hardening equipment, or both; however, an applicant only may be awarded funds for either personnel or for equipment in a fiscal year. The Office of Homeland Security and Preparedness first shall evaluate all applications as to whether they are at high-risk of terrorist attack, threats, domestic extremism, and other violent acts. The costs of hiring security personnel shall include the cost of hiring security personnel for an event within the geographic boundaries of the State primarily organized by the applicant away from the applicant's physical location as recorded on the grant application and for which the applicant bears legal liability. The funds distributed under the program shall be utilized solely for security investments made within this State. No funds shall be utilized to support security needs while traveling outside of this State.
Applicants may apply annually for a disbursement of funds for costs of security personnel and may be awarded grants in successive years. The Office of Homeland Security and Preparedness shall assign a preference for applicants who have not received a federal security grant that includes funding for hiring security personnel in the last two federal grant cycles.
Applicants may apply annually for grant funds for acquisition of target-hardening equipment. The Office of Homeland Security and Preparedness shall assign a preference for applicants who have not received either a federal or State security grant for target-hardening equipment in the last two grant cycles.
d. The Office of Homeland Security and Preparedness shall request annually as part of its annual budget proposal a minimum of $2,000,000 to fund the grants authorized pursuant to this section. The office also shall pursue and develop, with the Department of Law and Public Safety, the United States Department of Homeland Security, and any other applicable State or federal agency, any available federal, State, local, and private funding for the grants authorized pursuant to this section.
e. Of the amount appropriated to the program, five percent shall be allocated to the Office of Homeland Security and Preparedness to be used to administer the program.
L.2021, c.439, s.3.
App.A:10-1. Authority to accept, etc.; war and defense activities
In order to facilitate co-operation with the United States of America in carrying on war and defense activities, all boards, bodies, officers and agencies of this State and of every county, municipality and school district thereof, are authorized: (a) to accept from the United States of America or any board, body, agency or independent establishment thereof, subject to the terms and conditions appertaining thereto, grants of funds and grants and loans of equipment, supplies, materials and other property; and (b) to hold, use, expend, deal with, employ, distribute and dispose of such funds, equipment, supplies, materials and other property; and (c) to engage in such activities, to enter into such contracts and to do such other acts and things as may be necessary or convenient to carry out the powers given by this act.
L.1942, c. 226, p. 606, s. 1.
App.A:10-2. Supplemental nature of powers conferred; competition with public utilities
The powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law, and shall not be subject to any limitation contained in any other law nor shall the limitations of this act affect the powers conferred by any other law; provided, however, that nothing contained in this act shall authorize any board, body, officer or agency of this State or of any county, municipality or school district thereof to engage in selling, furnishing or rendering to the public any commodity or service of the character sold, furnished or rendered by any public utility as defined in section 48:2-13 of the Revised Statutes.
L.1942, c. 226, p. 607, s. 2.
App.A:10-3. Construction
This act shall be liberally construed to effectuate its purpose.
L.1942, c. 226, p. 607, s. 3.
App.A:10-4. Partial invalidity
If any provision of this act, or the application of such provision to any person, body or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons, bodies or circumstances other than those with respect to which it shall have been held invalid, shall not be affected thereby.
L.1942, c. 226, p. 607, s. 4.
App.A:10-5. Authority conferred to continue only during present war
The authority hereby conferred to accept grants and loans shall continue in effect so long as the United States of America continues in the present wars with the governments of Japan, Germany and Italy, or any of them, and until the making of a treaty or treaties of peace concluding all of said wars.
L.1942, c. 226, p. 607, s. 5.
App.A:10-7. Expenditures by municipalities for civil defense constitute source of State for determining amount of Federal funds to be matched
The State of New Jersey hereby determines that expenditures made or authorized to be made by any municipality of this State from municipal funds, for civil defense purposes of the kind and character for which Federal funds are made available by the Act of the Eighty-first Congress of the United States, entitled "An act to authorize a Federal Civil Defense program, and for other purposes," shall constitute a source of the State for the basis of determining the amount of said Federal funds to be equally matched by this State to the same effect as though there had been a direct appropriation of State funds for said purposes instead of municipal funds.
L.1951, c. 146, p. 610, s. 1.
App.A:10-8. Certification to Division of Local Government in Treasury Department of amounts expended for civil defense by municipalities
The officers of every municipality, who are required to certify to the Division of Local Government in the Treasury Department the municipal budget, shall separately certify, annually or oftener if required, to the said division, any and all amounts expended or appropriated for civil defense purposes, with sufficient identification to show the amounts allocated to such purposes as are within the purposes available for Federal funds under said Act of Congress. The said division shall compute the total amounts so certified and report the result to the State Treasurer or to such officer in the said department who shall be designated by the State Treasurer. The said amounts shall be included in the amounts used or certified for the purpose of determining the amounts authorized to be contributed by the Federal Defense Administrator to this State, equally matched by this State, pursuant to the provisions of said Act of Congress, and upon the receipt by the State of any of said Federal funds for said purposes, which include sums equally matching the sums so expended or authorized by any municipality, an equivalent amount shall be transmitted to said municipality for expenditure by the municipality for the said authorized civil defense purposes. In the event that the said Federal funds do not equal the said municipal expenditures or appropriations but represent a proportion thereof, the amount of such proportionate contribution shall be transmitted to the municipality in the same manner and for the like purposes.
L.1951, c. 146, p. 611, s. 2.
App.A:10-9. Forms; rules and regulations
The Director of the Division of Local Government is authorized and directed to provide the necessary forms and prescribe the rules and regulations to effectuate the purposes of this act.
L.1951, c. 146, p. 612, s. 3.
App.A:10-10. Effective date of act
This act shall take effect immediately.
L.1951, c. 146, p. 612, s. 4.
App.A:11-1. Short title
This act shall be known as and may be cited as the "Emergency Employment Development Act of 1974."
L.1974, c. 195, s. 1, eff. Jan. 3, 1975.
App.A:11-2. Legislative findings
The Legislature finds that there is a need to encourage existing private businesses and industries to expand and to attract new businesses into the State in order to create more employment opportunities for the citizens of New Jersey; that the expansion and attraction of private enterprise is promoted both by the creation of an effective Economic Development Program and the availability of trained workers in this State; and, that public moneys should be made available to encourage private employers to develop and to expand job opportunities and for the training of unemployed or underemployed citizens of this State.
L.1974, c. 195, s. 2, eff. Jan. 3, 1975.
App.A:11-3. Expenditures to restructure and expand division of economic development
The Commissioner of Labor and Industry is authorized to expend funds, appropriated from the Unemployment Compensation Auxiliary Fund, to restructure and expand the existing Division of Economic Development to provide professional and technical assistance to industry to aid in the development of job opportunities for citizens of this State.
L.1974, c. 195, s. 3, eff. Jan. 3, 1975.
App.A:11-4. Agreements for training of workers
L.1974,c.195,s.4.
App.A:11-5 Authorization to pay training costs and allowances; acceptance of grants.
L.1974,c.195,s.5.
App.A:11-6 Rules and Regulations.
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