S3277 —

S3277 SLP Statement 5/20/20 SENATE LAW AND PUBLIC SAFETY COMMITTEE   STATEMENT TO   SENATE, No.

3277  STATE OF NEW JERSEY 219th LEGISLATURE   INTRODUCEDDATED: DECEMBER 14, 2020     Sponsored by:

Senator  MAY ANTHONY20, M.        The Senate Law and Public Safety Committee reports favorably Senate Bill No.

BUCCO3277. District 25 (Morris and Somerset) Senator  TROY SINGLETON District 7 (Burlington) Senator  MICHAEL J.

DOHERTY      DistrictAs 23reported (Hunterdon,by Somersetthe committee, this bill would increase, from 45 to 57, the maximum eligibility age for exempt fireman certificates and Warren)membership  in Co-Sponsoredthe by:New Jersey State Firemen’s Association.  In addition, the bill allows the New Jersey State Exempt Firemen’s Association to determine the percentage of service necessary to issue an exempt fireman certificate.        Under current law, a firefighter is required to join the fire service between the ages of 18 and 45 in order to be eligible for an exempt fireman certificate.  The bill increases the maximum age at which firefighters are eligible for an exempt certificate to 57 years old.        Current law also provides that exempt fireman certificates are issued to eligible firefighters who have responded to at least percent of their department’s fire duty calls over a seven-year period.

SenatorThe Poubill  would  allow  the  New SYNOPSISJersey     State RaisesExempt fromFiremen’s 45Association to 57determine maximumafter eligibilityJanuary age1, for2020 the percentage of fire duty calls to which a firefighter is required to respond in order to receive an exempt fireman certificatescertificate.        Under current law, a firefighter is required to be 45 years of age at the time of joining the fire engine, hook and ladder, hose and supply company, fire association or fire department, or board of firewardens in order to be eligible for membership in the New Jersey State Firemen’s Association.  Under the provisions of this bill, a firefighter is required to be 57 years of age at the time of joining the New Jersey State Firemen’s Association in order to be eligible for membership in the New Jersey State Firemen’s Association.

       CURRENTAs VERSIONreported OFby TEXTthe     committee, AsSenate introduced.Bill No.

  3277 Anis Actidentical concerningto exemptAssembly firemanBill certificatesNo. and New Jersey State Firemen’s Association membership and amending N.J.S.40A:14-56 and R.S.43:17-9.

 4745     (1R), Bewhich Italso Enactedwas reported by the Senatecommittee andon Generalthis Assemblysame ofdate. the State of New Jersey:

       1.    N.J.S.40A:14-56 is amended to read as follows:

     40A:14-56.  A member of the fire department and force of a municipality shall be entitled to an exempt fireman certificate when it appears that at the time of his appointment he was of good moral character and was not under 18 or over [45] 57 years of age and that he had performed:

during a period of seven years, 60% of fire duty;

or after January 1, 2009, 50% of fire duty;

or after January 1, 2020, a percentage rate as set by the executive committee of the New Jersey State Exempt Firemen’s Association, in each year, respectively.

Any member who otherwise would be eligible for an exempt fireman certificate, but who, as the result of an injury or injuries incurred out of or in the course of fire duty, is permanently unable to fulfill the seven-year performance requirement set forth in this section, shall be entitled to an exempt fireman certificate if, at the time he incurred the injury or injuries, the member had performed:

during a period of five years, 60% of fire duty;

or after January 1, 2009, 50% of fire duty;

or after January 1, 2020, the percentage rate as set by the executive committee of the New Jersey State Exempt Firemen’s Association, in each year, respectively.  In cases where the appointment was made during the war years the age limit shall be extended 10 years.  Service in the United States Armed Forces during the war years shall be considered as fire duty service.

     Service in more than one municipal fire department, for separate periods not concurrent, amounting in the aggregate to seven years, shall be deemed equivalent to seven years' service in a single municipal fire department and any fireman so serving shall be entitled to an exempt fireman certificate from the department and force in the municipality wherein he is serving at the time when he becomes entitled to the certificate.  The prior service shall be certified by the chief executive officer of the municipality or municipalities wherein the member served and attested by the municipal clerk or clerks.

(cf:

P.L.2014, c.64, s.2)        2.    R.S.43:17-9 is amended to read as follows:

     43:17-9.  The membership of such corporation shall consist, without any formal election thereto, of the officers and members of such fire engine, hook and ladder, hose and supply company or companies, fire association or fire department, or board of firewardens, as shall be under the supervision or control of the governing board or body of the municipality or fire district and who, at the time of their becoming eligible for membership in the New Jersey State Firemen's Association, shall be not less than 18 years of age and who were not more than [45] 57 years of age at the time of joining the [fire engine, hook and ladder, hose and supply company or companies, fire association or fire department, or board of firewardens] New Jersey State Firemen's Association and shall furnish evidence of good health in accordance with such reasonable rules and regulations as the executive committee of the New Jersey State Firemen's Association shall from time to time establish;

the officers and members of any nonprofit corporations and associations incorporated pursuant to N.J.S.15A:1-1 et seq.;

and the officers and members of any association therein of exempt firemen.  The whole body of the membership of such corporation shall have the same rights therein as the charter members thereof.

(cf:

P.L.1998, c.90, s.1)        3.    This act shall take effect immediately and be retroactive to January 1, 2020.

    STATEMENT        This bill would increase, from to 57, the age by which a firefighter is required to join the fire service to establish eligibility for the New Jersey State Firemen’s Association and for an exempt fireman certificate.  In addition, the bill allows the New Jersey State Exempt Firemen’s Association to determine the percentage of service necessary to issue an exempt fireman certificate.       Under current law, a firefighter is required to join the fire service between the ages of 18 and 45 in order to be eligible for an exempt fireman certificate.  The amended bill increases the maximum age at which firefighters are eligible for an exempt certificate to 57 years old.       Current law also provides that exempt fireman certificates are issued to eligible firefighters who have responded to at least 60 percent of their department’s fire duty calls over a seven-year period.

The amended bill would allow the New Jersey State Exempt Firemen’s Association to determine after January 1, 2020 the percentage of fire duty calls to which a firefighter is required to respond in order to receive an exempt fireman certificate.       The bill would take effect immediately and be retroactive to January 1, 2020.