Hudson Reporter Archive

Making provisions to help victims’ families Assembly, senate approve quicker routes to beneficiary funds

Following the lead of Acting Gov. Donald DiFrancesco, local state and assembly legislators tossed partisanship aside in a special joint session Wednesday and adopted three acts that will enable World Trade Center tragedy victims’ families to collect death certificates without official confirmation.

"Today, we are not Democrats and Republicans," DiFrancesco told the packed state Assembly audience. "Today, we are Americans."

In bills sponsored by Assembly Speakers Joseph Doria and Jack Collins and supported unilaterally by all of Hudson County’s state senators and assemblymen, the laws will shorten the traditional five-year waiting period for a declaration of death when the victim is exposed to a disaster.

The law will provide for a declaration of death absent of any pure physical evidence when the death occurs after exposure to a catastrophic event and the individual remains missing after a diligent search and inquiry.

Other than the obvious implications for life insurance, a declaration of death is required to probate a will, which would allow the surviving family access to assets, allowing the transfer of ownership of the family’s cars from decedent to spouse.

"At the very least, it should mean making sure that no grieving family is victimized," DiFrancesco said. "Let’s pass this bill."

The second bill, called "New Jersey Terrorism Victims’ Assistance Act of 2001," allows state agencies with gubernatorial approval to change or waive requirements for the provision of public benefits, such as unemployment and temporary disability when the applicant is a victim of the terror attack.

Basically, the law shortens the timeframe for processing and lessens or removes any burden of proof. The law also allows municipalities to forgive interest penalties on delinquent tax assessment, lien or charge due on or before the end of the year.

The final law, called "The Emergency Management Assistance Compact Act," is a mutual aid agreement that 41 states are already a party to, including New York.

In case of emergency, a member state would request help from other member states, who would provide assistance to the degree that they are able. The requesting state would reimburse the assisting state and assume liability for the acts done by those rendering assistance, and for their injuries.

The state requesting assistance will be the recipient of large grants to help it through its time of crisis, and is in a better position to bear the fiscal burdens of any liability. FEMA is in support of this legislation.

In his poignant address Wednesday, DiFrancesco estimated that half of the approximate 6,000 victims of the World Trade Center tragedy were residents of New Jersey.

"We may never forget the grief and the rage we felt that day," DiFrancesco said. "Having been to Ground Zero the day after and many times since, I will never forget the utter destruction and devastation I have seen. But let us always remember the bravery and the brotherhood we’ve witnessed. Let us hold in our mind’s eye that image of firefighters raising Old Glory at Ground Zero, which says so much about the spirit of America."

DiFrancesco also called to create a new anti-terrorism task force, to study the possibility of biological attacks and to increase staff and personnel at state National Guard and state police barracks.

He also called for tighter restrictions on getting driver’s licenses to prevent any opportunities for forgery. At least two of the 19 hijackers had forged New Jersey licenses.

"I can say with confidence that New Jersey is safer today than it was before Sept. 11," DiFrancesco said. "With your help, we can make it safer still."

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