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Executive Order 101, 1980 Transfer of Emergency Management to the NJ State Police

Established an Office of Emergency Management in the Division of State Police, Department of Law and Public Safety. The Office of Emergency Management shall be under the supervision, direction and control of the State Director of Emergency Management.

Executive Directive No. 1978-1 - Establishment of the Emergency Management Section

The functions, power and duties of the Office of Civilian Defense Director are hereby established in the Bureau of Emergency Services in the Division of State Police under the authority of William F. Hyland Attorney General.

Executive Order 39, 1954 - Functions and Duties of the State Director

The Office of Emergency Management is the lead State agency in disaster recovery operations and it is responsible for coordinating State preparedness plans for major disasters.

NJ Civil Defense and Disaster Control Act as amended. (N.J.S.A., Appendix A: 9-30 et al.) (This is the Civil Defense Law that is now the "Emergency Management Law")

Note: App. A: 9_34, App. A:9_44, App. A:9_48, App. A:9_52, App. A:9_63. Basically, the Governor may commandeer private resources; that private resources can not be employed in an emergency without the approval of the Governor; that in an emergency the Governor is in Command; that if private resources are called upon they are protected by the state; and, that the public sector is authorized to accept the assistance from the private sector for the purposes of Civil Defense.

N.J.S.A. 2A: 53A-13.1. Liability of volunteer fire company, volunteer first aid, rescue or emergency squad or civil defense unit providing services

No volunteer fire company or volunteer first aid, rescue or emergency squad, civil defense unit, incorporated or unincorporated, which provides services for the control and extinguishment of fires or emergency public first aid and rescue services, or both, shall be liable in any civil action to respond in damages as a result of any acts of commission or omission arising out of and in the course of the rendition in good faith of any such services, or arising out of and in the course of participation in any authorized drill, by any member of the volunteer fire company or the volunteer first aid, rescue or emergency squad, or civil defense unit… (L.1975, c. 196, s. 1, eff. Aug. 21, 1975. Amended by L.1983, c. 29, s. 2, eff. Jan. 25, 1983.)

N.J.S.A. 2A: 62A-7 Liability of Volunteer Fire Company and Civil Defense Unit

No individual, partnership, corporation, association, or other entity shall be liable for civil damages as a result of acts taken in the course of rendering care, assistance, or advise with respect to an incident creating a danger to persons or property

N.J.S.A. 34:15-7.3. Worker's compensation for injury, death occurring while responding to law enforcement, public safety, medical emergency

b. This section shall apply to:

(1) Any permanent or temporary member of a paid or part-paid fire or police department and force;

(2) Any member of a volunteer fire company;

(3) Any member of a volunteer first aid or rescue squad; and

(4) Any special, reserve, or auxiliary policeman doing volunteer duty.

N.J.S.A. 34:15-43 et. al Compensation for injury in line of duty.

Every officer, appointed or elected, and every employee of the State, county, municipality or any board or commission, or any other governing body, including boards of education, and governing bodies of service districts, individuals who are under the general supervision of the Palisades Interstate Park Commission and who work in that part of the Palisades Interstate Park which is located in this State, and also each and every member of a volunteer fire company doing public fire duty and also each and every active volunteer, first aid or rescue squad worker, including each and every authorized worker who is not a member of the volunteer fire company within which the first aid or rescue squad may have been created, doing public first aid or rescue duty under the control or supervision of any commission, council, or any other governing body of any municipality, any board of fire commissioners of such municipality or of any fire district within the State, or of the board of managers of any State institution, every county fire marshal and assistant county fire marshal, every special, reserve or auxiliary policeman doing volunteer public police duty under the control or supervision of any commission, council or any other governing body of any municipality, every emergency management volunteer doing emergency management service for the State and any person doing volunteer work for the Division of Parks and Forestry, the Division of Fish and Wildlife, or the New Jersey Natural Lands Trust, as authorized by the Commissioner of Environmental Protection, or for the New Jersey Historic Trust, who may be injured in line of duty shall be compensated under and by virtue of the provisions of this article and article 2 of this chapter (R.S.34:15-7 et seq.)….

As used in this section, the terms "doing emergency management service" and "who may be injured in the line of duty" as applied to emergency management volunteers mean participation in any activities authorized pursuant to P.L.1942, c.251 (C.App.A: 9-33 et seq.), including participation in any State, county, municipal or regional search and rescue task force or team, except that the terms shall not include activities engaged in by a member of an emergency management agency of the United States Government or of another state, whether pursuant to a mutual aid compact or otherwise.

Whenever a member of a volunteer fire company, active volunteer first aid or rescue squad worker, county fire marshal, assistant county fire marshal, special, reserve or auxiliary policeman or emergency management volunteer serving a volunteer organization duly created and under the control or supervision of any commission, council or any other governing body of any municipality, any board of fire commissioners of that municipality or of any fire district within the State, or of the board of managers of any State institution, participates in a national, multi-state, State, municipal or regional search and rescue task force or team without the authorization of that volunteer organization's governing body but pursuant to a Declaration of Emergency by the Governor of the State of New Jersey specifically authorizing volunteers to respond immediately to the emergency without requiring the authorization of the volunteer company or squad, and the member of the volunteer fire company, active volunteer first aid or rescue squad worker, county fire marshal, assistant county fire marshal, special, reserve or auxiliary policeman or emergency management volunteer suffers injury or death as a result of participation in that search and rescue task force or team, he shall be deemed an employee of this State for the purpose of workers' compensation benefits as would have accrued if the injury or death had occurred in the performance of the duties of the volunteer company or squad of which he was a member.

Nothing herein contained shall be construed as affecting or changing in any way the provisions of any statute providing for sick, disability, vacation or other leave for public employees or any provision of any retirement or pension fund provided by law. (Amended 1946, c.300, s.1; 1948, c.269; 1948, c.430, s.1; 1951, c.211; 1952, c.317; 1953, c.414; 1955, c.102; 1956, c.160, s.2; 1958, c.149, s.1; 1964, c.257, s.1; 1978, c.145, s.1; 1987, c.259, s.3; 1995, c.369, s.5; 1995, c.383, s.1; 1997, c.199, s.2; 1999, c.152, s.51; 1999, c.251, s.2; 2001, c.325, s.1.)

N.J.S.A. 34:15-74 Compensation insurance provided for certain volunteers by municipality or county

Except as otherwise provided by this section, the governing body of a municipality or county shall provide compensation insurance for each emergency management volunteer registered with and doing emergency management service on behalf of that municipality or county pursuant to P.L.1942, c.251 (C.App. A: 9-33 et seq.), unless the governing body provides workers' compensation coverage for each emergency management volunteer and has evidence of such coverage or the governing body has received or obtained proof that workers' compensation insurance coverage for each emergency management volunteer is provided by an emergency management council. (Amended 1940,c.108; 1946,c.300, s.2; 1948,c.430, s.2; 1952,c.316, s.1; 1953,c.340, s.1; 1958,c.149, s.2; 1964,c.257, s.2; 1978,c.145, s.2; 1995,c.383, s.2.)

NJ ATTORNEY GENERAL POLICY MEMOS

Memorandum October 8, 1980 - The Superintendent of the State Police is the point of authority in emergency situations which are beyond local control - when the cabinet officers are not present it must be known that the representative of the State Police is the person in charge.