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

Capitol Report

April 9, 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. The following is an abbreviated report, as the Legislature is on break to consider the state budget.

 

New Laws

 

SCHOOL LAW

P.L.2012, c., 1 (Vainieri Huttle) Provides that a school district may use programs and training that may be available at no cost from the Department of Education, the New Jersey State Bar Foundation, or any other entity. The use of any program or training that would impose a cost on the district would be at the discretion of the district. In addition, the bill provides that districts, prior to making an application for a grant from the Bullying Prevention Fund, must explore bullying prevention programs and approaches that are available at no cost, and make an affirmative demonstration of that exploration in their grant application. The bill also appropriates $1 million to the Bullying Prevention Fund. On March 26, A-2709 was signed by the governor.

 

Amicus Matters

 

State v. Cahill, Supreme Court Docket No. 68,727 – At issue in this matter is whether the defendant’s motor vehicle violations were properly dismissed on the basis that he was denied a speedy trial. On March 13, the Court granted the NJSBA’s motion for leave to participate as amicus curiae. The Court accepted the NJSBA’s proposed brief, drafted by Jeffrey Evan Gold, in which the NJSBA urges the Court to affirm the Appellate Division and find the violations were properly dismissed.

 

Regulatory Matters

 

Below please find proposed regulations with a deadline for comment of May 18, unless otherwise noted:

 

CRIMINAL LAW

 

N.J.A.C. 10A:20-4.8, 4.13, and 4.43 and 10A:24-2.2 and 2.6 (PDF) Proposes amendments to revise and clarify existing rules regarding the review and approval or disapproval of inmates for participation in community release programs and the authority and responsibilities of certain classification committees. The proposed amendments include changes to inmate application, eligibility and review by the Institutional Community Release Program coordinator; notification of inmate assignment to a residential community program; disciplinary and/or emergency transfer; clinical screening of inmates; and the Mutual Agreement Program (MAP).

 

TAXATION

 

N.J.A.C. 19:31-9.3, 10.4, 12.2, and 14.2 (PDF) The New Jersey Economic Development Authority (EDA) is proposing amendments to the rules implementing the Urban Transit Hub Tax Credit (UTHTC) program, Business Employment Incentive Program (BEIP), Technology Business Tax Certificate Transfer Program, and Business Retention and Relocation Assistance Grant (BRRAG) program to implement administrative revisions that clarify or expand certain eligibility requirements. The proposed amendments to the rules implementing the UTHTC program provide that businesses making certain capital investments in a mixed use project may receive an award of tax credits for both a qualified residential project and a qualified business facility that is part of the same mixed use project. The proposed amendments, which add businesses that create jobs at facilities located within federally owned or former federally owned land approved by closure under a Federal Base Realignment and Closing Commission action or within a facility used as a base for military activity that may include federal offices and private businesses for eligibility under BEIP, would also have a positive social impact by increasing job creation, especially in areas impacted by military base closures. The proposed amendments to the Technology Business Tax Certificate Transfer Program are administrative and intended to enable the authority to better determine compliance with requirements for creation of full-time jobs, which will benefit qualifying businesses participating in the program and safeguard state funds appropriated for the program. Finally, the proposed amendments to the BRRAG program may allow additional businesses that acquire or lease a qualified business facility to qualify for credits under the program.