New Jersey State Bar Association - The voluntary Bar Association of New Jersey, serving members since 1899.

Capitol Report

April 8, 2013

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To obtain a complete copy of the Capitol Report and/or retrieve a former Capitol Report, please visit our website at njsba.com.

 

GOVERNOR CHRIS CHRISTIE ACTED ON PENDING LEGISLATION

 

On April 1, Gov. Christie signed the following legislation:

 

Business Law

A-3049 (Diegnan) /S-2328 (Gill) Allows certain business combinations between resident domestic corporations and interested stockholders.

The NJSBA Board of Trustees, Legislative Committee and Business Law Section voted to support this legislation because we believe it provides flexibility in complying with the New Jersey Shareholder Protection Act without understanding the specific purposes of this complex statute.

 

A-3050 (Diegnan) / S-2327 (Gill) Allows corporate shareholder meeting participation by remote communication and clarifies remedies for dissenting shareholders.

 

The NJSBA Board of Trustees, Legislative Committee and Business Law Section voted to support this legislation because we believe it modernizes New Jersey to expand shareholder participation and also clarifies the rights of dissenting shareholders.

 

A-3123 (Diegnan) / S-2326 (Gill) Revises law concerning derivative proceedings and shareholder class actions.

 

The New Jersey State Bar Association’s Board of Trustees, Legislative Committee and Business Law Section all support this legislation. We feel this legislation would bring clarity to the current laws. Further, the dollar amount increase has been long overdue.

 

Criminal Law

A-2131 (Burzichelli) / S-1946 (Greenstein) Authorizes release of sex offender registration information to DHS and county welfare agencies.



On April 1, Gov. Christie vetoed the following legislation:

 

Business Law        

A-1271 (Coughlin) / S-1263 (Vitale) Allows corporation business tax credit and gross income tax credit for certain wages paid to qualified interns in tax years 2013 and 2014.

 

BILLS ON THE GOVERNOR’S DESK

 

Criminal Law

S-2092 (Pennacchio) Lieutenant Scott Jenkins’ Law; creates certain new criminal offenses aimed at theft from cargo carriers; amends theft statute.  On March 21, the bill was substituted for A-3003 (Casagrande), passed in the Assembly (75-0-0) and was sent to the Governor.   

 

Local Government Law

S-195 (Connors) Permits cancellation of municipal charges and fees under $10.  On March 21, the bill was substituted for A-672 (Rumpf), passed in the Assembly (73-0-0) and was sent to the Governor.

 

Privacy Law

A-2878 (Burzichelli) Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers. On March 21, the bill passed in the Assembly (75-2-0) and was sent to the Governor.  

 

PENDING LEGISLATION

 

Dispute Resolution

S-2163 (Lesniak)/A-3696 (Mainor) Concerns arbitration for certain non-teaching school staff.  On March 14, A-3696 was released from the Assembly Education Committee and is awaiting the Assembly vote. On March 18, S-2163 passed in the Senate (24-16) and on March 21, S-2163 was received in the Assembly and is awaiting Assembly vote.

 

Family Law

A-3845 (Greenwald)/S-2399 (Scutari) Provides, under certain circumstances, for immediate issuance of marriage and civil union licenses at the time license application is made. On March 14, the bills were released from the Assembly Judiciary Committee and are awaiting the Assembly vote.

 

A-3909 (Mainor) (OPPOSE) Revises alimony laws, including eliminating permanent alimony and establishing guidelines for the amount and duration of alimony awards; eliminates judicial discretion. On March 7, the bill was introduced and referred to the Assembly Judiciary Committee for consideration.

 

Health Law

S-1253 (Vitale) Requires SHBP and SEHBP to cover treatment for alcoholism, other substance-use disorders, and non-biologically based mental illnesses under same terms and conditions as for other diseases or illnesses. On March 18, the bill passed in the Senate (30-6) and on March 21, the bill was received in the Assembly and referred to the Assembly Health and Senior Services Committee.

 

Higher Education

S-2225 (Beach) Directs Higher Education Student Assistance Authority to forgive certain student loans in the event of the borrower's death. On March 11, the bill was released from the Senate Higher Education Committee with amendments, referred to the Senate Budget and Appropriations Committee and is awaiting Senate vote.

 

S-2291 (Rice) Eliminates requirement that full-time students at a county college in New Jersey maintain health insurance coverage. On March 21, the bill was substituted for A-3546 (Riley) and passed in the Assembly (76-1-0).

 

Labor and Employment Law

S-2640 (Beck) Requires SHBP to provide certain information to participating public employers. On March 11, the bill was introduced and referred to the Senate State Government, Wagering, Tourism and Historic Preservation Committee.

 

Local Government Law

A-3289 (Fuentes) "The New Jersey Social Innovation Act"; establishes social innovation pilot program and study commission within EDA. On March 21, the bill passed in the Assembly (57-18-1).

 

Municipal Court Practice

S-69 (Codey) Increases fine and imposes license suspension for talking or texting on hand-held device while driving. On March 21, the bill was substituted for A-1080 (Quijano) and passed in the Assembly (72-2-1).

 

Real Property, Trust and Estate Law

A-3052 (Diegnan) The "Residential Mortgage Satisfaction Act"; places certain requirements on issuance of mortgage payoff letters; provides additional process for discharging mortgages of record. On March 21, the bill passed in the Assembly (77-0-0).  


A-3053 (Diegnan) Provides procedure to cancel mortgage of record by affidavit of entitled person under certain conditions. On March 21, the bill passed in the Assembly (48-26-3).

 

S-1191 (Lesniak) Allows establishment of county-wide purchasing system for certain school district services; offers employment protections for certain food or custodial services employees; and regulates subcontracting by districts and public higher education institutions. On March 18, the bill passed in the Senate (22-15) and on March 21, the bill was received in the Assembly and referred to the Assembly Education Committee.

 

Special Civil Part

S-2018 (Stack)/A-3851 (Coughlin) (Under review by the NJSBA) Requires landlords to pay attorney's fees for successful tenants if lease reserves the landlord the same right.  On March 14, A-3851 was released from the Assembly Judiciary Committee with amendments and is awaiting the Assembly vote. On March 18, S-2018 passed in the Senate (31-3) and on March 21, the bill was received in the Assembly without the committee amendments and is awaiting the Assembly vote.