April 16, 2012
This is a status report on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers. The report may also include information about appearances of NJSBA representatives before legislative committees, and the involvement of the NJSBA as amicus in appellate court matters. The government affairs department of the association compiles the report. Following each bill number is the sponsor’s name, the NJSBA position, if any, bill description and status. Full and previous versions of the Capitol Report with links to related text are available online at www.njsba.com.
This special edition of the Capitol Report is the first in a series of updates on NJSBA priority legislation.
As with all high-priority bills, the Government Relations Department communicates the NJSBA’s position on priority legislation with letters to the sponsors of the bill, members of any legislative committees to which the bill has been referred for a hearing, members of the Senate or Assembly when the bill is scheduled for a vote before either body, and the Governor. In addition, when these priority bills are scheduled for committee review in the legislature, the NJSBA will prepare and coordinate written and/or oral testimony before legislative committees, testify before legislative committees where appropriate if experts from NJSBA sections and committees are not available, and coordinate meetings with legislators, interest groups and the Governor’s Office to advance the NJSBA’s position.
NJSBA Drafted Legislation
S-742 (Sarlo)/A-1543 (McHose) (NJSBA supports) Revised Uniform Limited Liability Act (RULLCA) urges New Jersey to adopt RULLCA. This legislation is currently pending vote in the Senate and Assembly, respectively.
S-366 (Beach)/S-1051 (Connors)/A-2164 (Conaway) (NJSBA supports) Prohibits permanent change of child custody during period of active military service; provides that absence due to active military duty, by itself, is insufficient justification to modify a child custody or visitation order. This legislation is currently pending review by the Senate and Assembly Judiciary Committees, respectively and awaiting committee amendments drafted by the Administrative Office of the Courts in the Senate Judiciary Committee.
A-1551 (Wisniewski) (NJSBA supports) Revises New Jersey’s adverse possession law. This bill is currently pending review in the Assembly Judiciary Committee.
MUNICIPAL COURT PRACTICE
A-1848 (Diegnan) (NJSBA supports) Imposes limits on fees charged for discovery in municipal court matters. This legislation is currently pending review in the Assembly Judiciary Committee.
REAL PROPERTY TRUST & ESTATE LAW
S-765 (Scutari)/A-1086 (Quijano) (NJSBA supports) Proposes modification to New Jersey Spendthrift Trust Provision; clarifies trustee's discretionary authority concerning income tax liability. This legislation is currently pending review by the Senate and Assembly Judiciary committees, respectively.
A-2553 (Prieto) (NJSBA supports) Professional Malpractice Insurance Reform; requires legal action against certain licensed persons to be brought within two years. This legislation is currently pending review in the Assembly Judiciary Committee.
A-871 (Chiusano) (NJSBA opposes) Requires "permanent injury" under limitation on lawsuit threshold to seriously impact life of injured person to pierce threshold. This legislation is currently pending review in the Assembly Financial Institutions and Insurance Committee.
A-1601 (Bramnick) (NJSBA supports) Provides that limitation on lawsuit option does not apply in accident caused by drunk driver. This legislation is pending review by the Assembly Financial Institutions and Insurance Committee.
CIVIL TRIAL BAR
S-1807 (VanDrew)/A-1515 (Burzichelli) (NJSBA supports) "New Jersey Fair Debt Collection Practices Act." This legislation is currently pending review in the Senate Commerce Committee and the Assembly Consumer Affairs Committee.
A-756 (Barnes) (NJSBA supports) Limits forum of consumer contract disputes to New Jersey. This legislation is pending review by the Assembly Consumer Affairs Committee.
S-436 (Sacco)/A-468 (Jimenez) (NJSBA opposes) Expands the DNA database to include samples from disorderly persons and certain violent arrestees. This legislation is currently pending review in the Senate and Assembly Law and Public Safety committees.
S-443 (Sacco)/S-861 (Cunningham) (NJSBA opposes) Modifies laws concerning inmate income and complaints; creates uniform identification cards for attorneys to enter State correctional facilities. This legislation is currently pending review in the Senate Law and Public Safety Committee.
S-858 (Cunningham)/A-596 (Spencer) (NJSBA supports) Allows persons on parole and probation to vote; provides registration assistance to persons on probation, parolees, and persons completing sentences. This legislation is currently pending review in the Senate Law and Public Safety Committee and Assembly State Government Committee, respectively.
S-989 (Greenstein) (NJSBA opposes) Establishes special environmental prosecutor. This legislation is pending review in the Senate Environment and Energy Committee.