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A1902
ASSEMBLY, No. 1902
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex and Union)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywoman Reynolds-Jackson and Assemblyman Calabrese
SYNOPSIS
���� Permits municipal, county, and regional police and
fire forces to establish five-year residency requirement for police officers
and firefighters; allows exceptions to requirement under certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning five-year residency requirement for police officers and firefighters
and amending
various parts of the statutory
law
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1972,
c.3 (C.40A:14-9.1) is amended to read as follows:
���� 1.���
[
No
]
��
a.�� Except
as provided for in subsection b. of this section, no
municipality shall
pass any ordinance, resolution, rule, regulation, order or directive, making
residency therein a condition of employment for the purpose of original
appointment, continued employment, promotion, or for any other purpose for any
member of a paid fire department and force or paid member of a part-paid fire
department and force, and any such ordinance, resolution,� rule, regulation,
order or directive in existence on the effective date of
[
this act
]
P.L.1972,
c.3 (C.40A:14-9.1 et al.)
or passed hereafter shall be void and have no
force or effect.
����
b.��� A municipality may
adopt an ordinance prohibiting an applicant from obtaining employment with the
municipal paid fire department and force or obtaining a paid position in a
part-paid fire department and force unless the person agrees to remain a
resident of the municipality for the first five years of the person�s
employment.� In any municipality that adopts an ordinance pursuant to this
subsection, the applicant shall have six months from the date of employment to
begin residing in the municipality.� The six-month period shall begin on the
applicant�s first day of official duty after the applicant has completed all
requisite training.� A municipality that adopts an ordinance pursuant to this
subsection may provide an exception to the residency requirement for any member
of the fire department who suffers injury, or a threat of injury, to the
member�s person, family, or property, committed by another who acts with
purpose to: (1) intimidate the member because of their status as a member; (2)
manipulate an investigation; or (3) otherwise influence the member to violate
their official duty.
(cf: P.L.1972, c.3, s.1)
���� 2.��� Section 2 of P.L.1972,
c.3 (C.40A:14-9.2) is amended to read as follows:
���� 2.��� In any municipality
[
wherein
]
that
operates under the provisions of
Title
[
11
(Civil Service)
]
11A, Civil Service,
of the
[
Revised
]
New Jersey
Statutes
[
is
operative
]
, other than a municipality which has adopted an ordinance pursuant to
subsection
�������� b.�������� of section 1 of P.L.1972, c.3
(C.40A:14-9.1), applicants for appointment to the paid fire department and
force� or as paid members of the part-paid fire department and force who are
not residents of the municipality shall be eligible for appointment thereto
[
notwithstanding
the provision of any statute, law, ordinance, rule or regulation to the
contrary
]
.
(cf: P.L.1972, c.3, s.2)
���� 3.��� Section 11 of P.L.1972,
c.3 (C.40A:14-122.1) is amended to read as follows:
���� 11.�
[
No
]
��
a.�� Except
as provided for in subsection b. of this section, no
municipality shall
pass any ordinance, resolution, rule, regulation, order or directive, making
residency therein a condition of employment for the purpose of original
appointment, continued employment, promotion, or for any other purpose for any
member of a police department and force and any such ordinance, resolution,
rule, regulation, order or directive in existence on the effective date of
[
this act
]
P.L.1972,
c.3 (C.40A:14-9.1 et al.)
or passed hereafter shall be void and have no
force� or effect.
����
b.��� A municipality may
adopt an ordinance prohibiting an applicant from obtaining employment with the municipal
police department or force unless the person agrees to remain a resident of the
municipality for the first five years of the person�s employment.� In any
municipality that adopts an ordinance pursuant to this subsection, the
applicant shall have six months from the date of employment to begin residing
in the municipality.� The six-month period shall begin on the applicant�s first
day of official duty after the applicant has completed all requisite training.�
A municipality that adopts an ordinance pursuant to this subsection may provide
an exception to the residency requirement for any member of the police
department who suffers injury, or a threat of injury, to the member�s person,
family, or property, committed by another who acts with purpose to: (1)
intimidate the officer because of their status as an officer; (2) manipulate an
investigation; or (3) otherwise influence the officer to violate their official
duty.
(cf: P.L.1972, c.3, s.11)
���� 4.��� Section 12 of P.L.1972,
c.3 (C.40A:14-122.2) is amended to read as follows:
���� 12.� In any municipality
[
wherein
]
that
operates under the provisions of
Title
[
11
(Civil Service)
]
11A, Civil Service,
of the
[
Revised
]
New Jersey
Statutes
[
is
operative
]
, other than a municipality which has adopted an ordinance pursuant to
subsection b. of section 11 of P.L.1972, c.3 (C.40A:14-122.1)
, applicants
for appointment to the police department and force who� are not residents of
the municipality shall be eligible for appointment thereto
[
notwithstanding
the provision of any statute, law, ordinance, rule or� regulation to the
contrary
]
.
(cf: P.L.1972, c.3, s.12)
���� 5.��� N.J.S.40A:14-106 is
amended to read as follows:
���� 40A:14-106.���
a.
�� The
governing body of any county, adopting rules for the regulation of traffic upon
the county highways and roads and for the enforcement of laws pertaining
thereto, by ordinance or resolution, as appropriate, may create and establish a
county police department and force and provide for its maintenance,� regulation
and control.� Except as otherwise provided by law, the governing� body may
appoint a chief of the department and such other members, officers and�
personnel as shall be deemed necessary, determine their terms of office, fix�
their compensation and prescribe their powers, functions and duties.� The
governing body shall adopt and promulgate rules and regulations for the
government of the department and force and for the discipline of its members.�
����
b.��� The governing body of
a county may adopt an ordinance prohibiting an applicant from obtaining
employment with the county police department or force unless the person agrees
to remain a resident of the county for the first five years of the person�s
employment.� In any county that adopts an ordinance pursuant to this subsection,
the applicant shall have six months from the date of employment to begin
residing in the county.� The six-month period shall begin on the applicant's
first day of official duty after the applicant has completed all requisite
training.� A county that adopts an ordinance pursuant to this subsection may
provide an exception to the residency requirement for any member of the police
department who suffers injury, or a threat of injury, to the member�s person,
family, or property, committed by another who acts with purpose to: (1)
intimidate the officer because of their status as an officer; (2) manipulate an
investigation; or (3) otherwise influence the officer to violate their official
duty.
(cf: P.L.1981, c.126, s.1)
���� 6.��� Section 15 of P.L.2007,
c.63 (C.40A:65-15) is amended to read as follows:
���� 15.� a.�� A joint meeting is a
public body corporate and politic constituting a political subdivision of the
State for the exercise of public and essential governmental functions to
provide for the public health and welfare.
���� b.��� A joint meeting has the
following powers and authority, which may be exercised by its management
committee to the extent provided for in the joint contract:
���� (1)�� to sue and be sued;
���� (2)�� to acquire and hold real
and personal property by deed, gift, grant, lease, purchase, condemnation or
otherwise;
���� (3)�� to enter into any and
all contracts or agreements and to execute any and all instruments;
���� (4)�� to do and perform any
and all acts or things necessary, convenient or desirable for the purposes of
the joint meeting or to carry out any powers expressly given in sections 1
through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35);
���� (5)�� to sell real and
personal property owned by the joint meeting at public sale;
���� (6)�� to operate all services,
lands, public improvements, works, facilities or undertakings for the purposes
and objects of the joint meeting;
���� (7)�� to enter into a contract
or contracts providing for or relating to the use of its services, lands,
public improvements, works, facilities or undertakings, or any part thereof, by
local units who are not members of the joint meeting, and other persons, upon
payment of charges therefor as fixed by the management committee;
���� (8)�� to receive whatever
State or federal aid or grants that may be available for the purposes of the
joint meeting and to make and perform any agreements and contracts that are
necessary or convenient in connection with the application for, procurement,
acceptance, or disposition of such State or federal aid or grants;
[
and
]
���� (9)�� to acquire, maintain,
use, and operate lands, public improvements, works, or facilities in any
municipality in the State, except where the governing body of the municipality,
by resolution adopted within 60 days after receipt of written notice of intention
to so acquire, maintain, use, or operate, shall find that the same would
adversely affect the governmental operations and functions and the exercise of
the police powers of that municipality
; and
����
(10) to prohibit an
applicant for a regional police or fire department from obtaining employment
with the regional police or fire department unless the person agrees to remain
a resident of the region served by the department for the first five years of
the person�s employment.� Any residency requirement adopted pursuant to this
paragraph shall provide the applicant six months from the date of employment to
begin residing in the region served by the employer.� The six-month period
shall begin on the applicant's first day of official duty after the applicant
has completed all requisite training.� A joint meeting that adopts a residency
requirement pursuant to this paragraph may provide an exception to the
residency requirement for any member of the regional police or fire department
who suffers injury, or a threat of injury, to the member�s person, family, or
property, committed by another who acts with purpose to: (1) intimidate the
officer because of their status as an officer; (2) manipulate an investigation;
or (3) otherwise influence the officer to violate their official duty
.
���� c.���� If the governing body
of a municipality in which a joint meeting has applied for the location and
erection of sewage treatment or solid waste disposal facilities refuses
permission therefor, or fails to take final action upon the application within
60 days of its filing, the joint meeting may, at any time within 30 days
following the date of such refusal or the date of expiration of the 60-day
period, apply to the Department of Environmental Protection for relief.� That
department is authorized, after hearing the joint meeting and the interested
municipality, to grant the application for the erection of the sewage treatment
or disposal or solid waste treatment or disposal facilities, notwithstanding
the refusal or failure to act of the municipal governing body, upon being
satisfied that the topographical and other physical conditions existing in the
local units comprising the joint meeting are such as to make the erection of
such facilities within its boundaries impracticable as an improvement for the
benefit of the whole applying joint meeting.
(cf: P.L.2007, c.63, s.15)
���� 7.��� This act shall take
effect immediately.
STATEMENT
���� This bill would permit a
municipality to adopt an ordinance prohibiting an applicant from obtaining
employment with the municipal police department, paid fire department, or
part-paid fire department unless the applicant agrees to remain a resident of
the municipality for the first five years of employment.� Under this bill, county
and regional police and fire forces would also have the power to institute a
residency requirement.� In any municipality with such an ordinance, the
applicant would have six months from the date the applicant begins their official
duties, following all requisite training, to relocate to the municipality,
county, or region served by the force.
���� The bill would allow an
exception to this residency requirement if any member of the fire department or
police department suffers injury, or a threat of injury, to the member�s person,
family, or property, committed by another who acts with purpose to: (1)
intimidate the member because of their status as a member; (2) manipulate an
investigation; or (3) otherwise influence the member to violate their official
duty.