New Jersey Civilian Defense and Disaster Control Act
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App.A:9_33. Purpose of civilian defense
act and disaster control act
- App.A:9_33.1.
Definitions
- App.A:9_34.
Emergency powers of Governor
- App.A:9_35.
Co_operation with state and federal authorities; federal
emergency or defense assistance; agreements
- App.A:9_36.
Information may be required
- App.A:9_37.
Civilian defense director; subordinate offices
- App.A:9_37.1.
Duties of civilian defense director
- App.A:9_38.
Deputies or assistants
- App.A:9_40.
Co_operation by public officials; rules and regulations
- App.A:9_40.1.
Municipal emergency management coordinator
- App.A:9_40.2.
Removal of municipal emergency management coordinator
- App.A:9_40.3.
Deputy municipal disaster control director
- App.A:9_40.4.
Duties of municipal emergency management coordinator
- App.A:9_40.5.
Proclamation of state of local disaster emergency
within municipality; powers of coordinator
- App.A:9_40.6.
Aid in time of disaster or emergency
- App.A:9_41.
Local emergency management councils
- App.A:9_42.1.
County emergency management coordinator; appointment;
term of office
- App.A:9_42.1a.
Coordinator appointed prior to Jan. 21, 1986, exception;
term
- App.A:9_42.1b.
Filling of deputy emergency management coordinator
position
- App.A:9_42.2.
Duties of county emergency management coordinator
- App.A:9_43.
Other local agencies or instrumentalities
- App.A:9_43.1.
State Emergency Operations Plan
- App.A:9_43.2.
County, municipal written Emergency Operations Plans
- App.A:9_43.3.
Guidelines for Emergency Operations Plans
- App.A:9_43.4.
Approval by State Office of Emergency Management
- App.A:9_43.5.
Grants to municipalities, counties for development
of Emergency Operations Plans
- App.A:9_43.6.
Technical assistance, planning grants to municipalities
- App.A:9_44.
Private civilian defense agencies to be approved
- App.A:9_45.
Orders, rules, and regulations; black_outs, air raids,
etc.; posting
- App.A:9_45.1.
Officers to perform duties in accordance with rules
and regulations
- App.A:9_46.
Reciprocal orders, rules, and regulations
- App.A:9_47.
Suspension of motor vehicle or other regulations
- App.A:9_48.
Emergency commander
- App.A:9_49.
Violations as disorderly conduct; penalty; prosecution
- App.A:9_50.
Aiding or abetting violation
- App.A:9_51.
Extraordinary emergencies; powers; compensation boards;
proceedings for compensation
- App.A:9_51.1.
Definitions
- App.A:9_51.2.
Prohibition by ordinance of construction or repair
of buildings during emergency
- App.A:9_51.3.
Contents of ordinance; exceptions
- App.A:9_51.4.
Duration of ordinance
- App.A:9_51.5.
Construction or repair of protective barriers in municipalities
bordering Atlantic ocean or Delaware bay
- App.A:9_51.6.
Agreements with state or federal government; provisions
- App.A:9_51.7.
Compensation for taking of property
- App.A:9_51.8.
Satisfaction of financial obligations; guarantee of
bonds by county
- App.A:9_51.9.
Payment of claims out of Special Beach Erosion Fund
- App.A:9_52.
Liability for injury to persons or property
- App.A:9_53.
Appropriations
- App.A:9_54.
Term of person appointed by or with approval of Governor
- App.A:9_55.
Partial invalidity
- App.A:9_56.
Repeal; local agencies approved by New Jersey Defense
Council and rules of such Council continued
- App.A:9_57.
Effective date
- App.A:9_57.1.
Definitions
- App.
A:9_57.2. Benefits to civil defense volunteers
- App.A:9_57.3.
Schedule of benefits
- App.A:9_57.4.
Benefits unpaid at time of death
- App.A:9_57.5.
Minors deemed sui juris; labor law
- App.A:9_57.6.
Benefits not assignable; exemption
- App.A:9_57.7.
Persons entitled to benefits
- App.A:9_57.8.
Workmen's compensation benefits preclude benefits
hereunder
- App.A:9_57.9.
Notice of claim
- App.A:9_57.10.
Submission of notice of claim; contents
- App.A:9_57.11.
Physical examination of claimants
- App.A:9_57.12.
Refusal of claimant to accept proffered medical and
surgical treatment
- App.A:9_57.13.
Proof of claim; forms
- App.A:9_57.14.
Process of claims; investigation of claims; rules
and regulations; employees; payment of benefits
- App.
A:9_57.15. Special fund for civil defense volunteers
- App.
A:9_57.16. Insurance or reinsurance
- App.
A:9_57.17. Special fund the sole source for payment
of benefits
- App.A:9_57.18.
Reserves
- App.A:9_57.19.
Expense of administering act
- App.A:9_57.20.
Reduction of benefits where United States furnishes
benefits
- App.A:9_57.21.
Medical, surgical or hospital treatment furnished
by United States precludes similar treatment under
act
- App.A:9_57.22.
No benefits payable where United States will furnish
equivalent benefits in absence of benefits under act
- App.A:9_57.23.
False statements or representations
- App.A:9_57.24.
Partial invalidity
- App.A:9_57.25.
Civil defense forces of other states; powers, duties
and privileges
- App.A:9_57.26.
Emergency management volunteers and their dependents;
disability, death, medical and hospital benefits
- App.A:9_57.27.
Repeal
- App.A:9_58.
"Director of Civil Defense" defined
- App.A:9_59.
Mutual aid agreements with other states
- App.A:9_60.
Mutual aid agreements between political subdivisions
- App.A:9_61.
Powers and duties of members of civil defense forces
- App.A:9_62.
Acceptance of services, equipment, supplies, or funds
from Federal government
- App.A:9_63.
Acceptance of services, equipment, supplies, or funds
from individuals, firms or corporations
- App.A:10_1.
Authority to accept, etc.; war and defense activities
- App.A:10_2.
Supplemental nature of powers conferred; competition
with public utilities
- App.A:10_3.
Construction
- App.A:10_4.
Partial invalidity
- App.A:10_5.
Authority conferred to continue only during present
war
- App.A:10_7.
Expenditures by municipalities for civil defense constitute
source of State for determining amount of Federal
funds to be matched
- App.A:10_8.
Certification to Division of Local Government in Treasury
Department of amounts expended for civil defense by
municipalities
- App.A:10_9.
Forms; rules and regulations
- App.A:10_10.
Effective date of act
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:
- "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.
- "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.
- "War
emergency" shall mean and include any disaster
occurring anywhere within the State as the result
of enemy attack or the imminent danger thereof.
- "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
- 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.
- 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 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
8.
In every municipality of this State the mayor 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 coordinator from among the residents of the
municipality. The municipal emergency management coordinator,
subject to fulfilling the requirements of this section,
shall serve for a term of three years. As a condition
of his appointment and his right to continue for the
full term of his appointment, each municipal emergency
management coordinator shall have successfully completed
at the time of his appointment or within one year immediately
following his appointment or the effective date of this
act, whichever is later, the current approved Home Study
Course and the basic Emergency Management workshop.
The failure of any municipal emergency management coordinator
to fulfill such requirement within the period prescribed
shall disqualify the coordinator from continuing in
the office of coordinator and thereupon a vacancy in
said office shall be deemed to have been created.
The
provisions of this section shall not bar a municipality
from entering into an agreement pursuant to the "Interlocal
Services Act," P.L.1973, c.208 (C.40:8A_1 et seq.)
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. 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.
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_42.1b. Filling of deputy
emergency management coordinator position
The
deputy emergency management coordinator position shall
be filled by the governing body in each county by: a.
the appointment of a qualified individual; b. the selection
of a qualified volunteer; or, if appropriate, c. the
selection of an individual pursuant to the rules and
regulations of the Department of Personnel of the State
of New Jersey. L.1989, c.222, s.10.
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
The State Office of Emergency Management shall adopt,
no later than 12 months following the effective date
of this act, a State Emergency Operations Plan, including
rules, regulations, and guidelines, that shall be reviewed
and updated at least every two years. L.1989, c.222,
s.18.
App.A:9_43.2.
County, municipal written Emergency Operations Plans
Each county and municipality in the State shall prepare
a written Emergency Operations Plan with all appropriate
annexes necessary to implement the plan. 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.
App.A:9_43.3. Guidelines for
Emergency Operations Plans
Each county and municipal Emergency Operations Plan
shall conform to all relevant federal and State statutes,
rules and regulations concerning emergency operations
and shall include the identification of significant
hazards affecting the jurisdiction. Each county and
municipal Emergency Operations Plan shall be based upon
planning criteria, objectives, requirements, responsibilities
and concepts of operation for the implementation of
all necessary and appropriate protective or remedial
measures to be taken in response to an actual or threatened
emergency as determined by the State Director of Emergency
Management. Each county and municipal Emergency Operations
Plan shall be reviewed and updated at least every two
years. L.1989, c.222, s.20.
App.A:9_43.4. Approval by State
Office of Emergency Management
Each county and municipality shall submit an Emergency
Operations Plan to the State Office of Emergency Management.
No Emergency Operations Plan shall take effect without
approval by the State Office of Emergency Management.
The State Office of Emergency Management shall review
the plans and determine their compatibility with the
State Emergency Operations Plan Guidelines and shall
either approve, conditionally approve, or disapprove
the plan. The State Office of Emergency Management shall
set forth in writing its reasons for disapproval of
any plan or, in the case of the issuance of a conditional
approval, shall specify the necessary amendments to
the plan. If the State Office of Emergency Management
fails to approve, conditionally approve, or disapprove
an Emergency Operations Plan within 60 days of receipt
of the plan, it shall be considered approved by the
State Office of Emergency Management. L.1989, c.222,
s.21.
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_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:
-
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.
- 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.
-
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.
- The
designation of vehicles and persons permitted to move
during air raids or any emergency.
- The
conduct of the civilian population during the threat
of and imminence of danger or any emergency.
- The
method of meeting threatened air raid danger insofar
as it affects the children in our schools.
- Concerning
the meeting or counteracting of threatened and actual
sabotage, subversive activities, and other dangers
incident to any emergency.
- Concerning
the method of evacuating residents of threatened districts
and the course of conduct of the civilian population
during any necessary evacuation.
- 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.
- 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:
- 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
- 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
- Hamper,
impede, or in any way interfere with any person who
is performing any function authorized under this act;
or
- 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
- Go
within a prohibited area contrary to rules and regulations;
or
- 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
- 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
- Violate
any order, rule or regulation adopted by the Governor
and promulgated as provider by this act; or
- 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_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
- Whenever,
in his opinion, the control of any disaster is beyond
the capabilities of local authorities, the Governor
is authorized:
- To
assume control of all emergency management operations.
- To
proclaim an emergency if he deems the same necessary.
-
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.
- 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.
-
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.
-
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.
-
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:
- "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.
- "Period
of emergency" means a period terminating 6 months
from the date an area was designated a disaster area.
- "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:
- 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
- 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:
- 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
- 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:
- 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;
-
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;
- 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;
- 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
- 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:
-
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
-
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.
- 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
Neither
the State nor any political subdivision of the State
under any circumstances, nor the agents, officers, employees,
servants or representatives of the State or any political
subdivision thereof, including all volunteers, in good
faith carrying out, complying with, or attempting to
comply with, any order, rule or regulation promulgated
pursuant to the provisions of this act, or performing
any authorized service in connection therewith, shall
be liable for any injury or death to persons or damage
to property as the result of any such activity. No person
owning, possessing or managing any real property which
has been designated, pursuant to the provisions of this
act or of any order, rule or regulation promulgated
thereunder, as a shelter from destructive operations
or attacks by enemies of the United States, shall be
liable in any civil action for death or injury to any
person who, because such real property has been designated
a shelter as aforesaid, enters upon it solely for the
purpose of seeking refuge therein during such destructive
operations or attacks or during civil defense tests
ordered by lawful authority, except where such death
or injury is caused by the willful act of such owner,
possessor or manager, or his agents or employees. The
foregoing shall not affect the right of any person to
receive benefits or compensation which may be specifically
provided by the provisions of this or any other State
or Federal Statute, nor shall it affect the right of
any person to recover under the terms of any policy
of insurance. L.1942, c. 251, p. 690, s. 20. Amended
by L.1952, c. 14, p. 63, s. 1.
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
2.
Benefits, as provided in this act, shall be furnished
to a civil defense volunteer for injury, as defined
herein, arising before the effective date of P.L.1995,
c.383, either within or without this State, provided:
- The
injury is proximately caused by authorized civil defense
service, and
- The
injury is not caused by the gross negligence or intoxication
of the injured civil defense volunteer, and
- 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
- 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:
- 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.
- 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.
- 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
There
is hereby created a fund which shall be known as the
special fund for civil defense volunteers to provide
for the payment of weekly benefits for total disability,
expenses of medical and hospital care and death benefits
under this act and the expenses of administration. Such
fund shall consist of any moneys appropriated therefor
or credited thereto including any financial contributions
received from the United States Government for such
purposes. The State Treasurer shall be the custodian
of this special fund. The State Treasurer may deposit
any portion of the fund not needed for immediate use,
in the manner and subject to all the provisions of law
respecting the deposit of State funds by him. Interest
earned by such portion of the fund deposited by the
State Treasurer shall be collected by him and placed
to the credit of the fund.
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
Funds
credited to the special fund for the purposes of this
act may be used to effect insurance or reinsurance with
the war damage corporation or with any other authority
or instrumentality, public or private, or otherwise
to distribute the liability for benefits payable to
those civil defense volunteers whose benefits, in accordance
with P.L.1995, c.383, are payable from the special fund.
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
The
special fund for civil defense volunteers created by
this act shall be the sole and exclusive source for
the payment of benefits provided by this act for civil
defense volunteers who were injured before the effective
date of P.L.1995, c.383. 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: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.
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