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

Capitol Report

August 29, 2011

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 New Jersey State Bar Association prepared the information. 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.

New Laws

P.L.2011, c.103 (Van Drew) Prohibits towing and transportation of boats during emergency evacuations. On Aug. 18, S-255 was signed by the governor.

P.L.2011, c.104 (Sacco) Expands the DNA database to include samples from certain violent arrestees. On Aug. 18, S-737 was signed by the governor.

P.L.2011, c.106 (Allen) Clarifies that sexual assault victims are not responsible for any costs of forensic sexual assault examinations or related services. On Aug. 18, S-972 was signed by the governor.

P.L.2011, c.107 (Kean) Creates an exception to the age requirement for power boat operation conducted during an authorized race. On Aug. 18, S-1246 was signed by the governor.

P.L.2011, c.108 (Sweeney) Authorizes credit unions to serve as public depositories of public funds; requires credit unions to provide certain funds for financial literacy education. On Aug. 18, S-1807 was signed by the governor.

P.L.2011, c.109 (Kean) Provides standards and procedures for a museum to acquire title to property that is on loan to the museum but has not been claimed by the lender for a period of time. On Aug. 18, S-1882 was signed by the governor.

P.L.2011, c.110 (Norcross) Creates the Anti-Snow Dumping Act; prohibits commercial snowplow operators on private property from depositing snow in public roads, streets, and highways or on public lands. On Aug. 18, S-1924 was signed by the governor.

P.L.2011, c.113 (Ruiz) Establishes the New Jersey Advisory Council on End-of-Life Care in the Department of Health and Senior Services. On Aug. 18, S-2199 was signed by the governor.

P.L.2011, c.114 (Vitale) Establishes the Medicaid Accountable Care Organization Demonstration Project in the Department of Human Services. On Aug. 18, S-2443 was signed by the governor.

P.L.2011, c.115 (Weinberg) Repeals obsolete statutes concerning the status of women. On Aug. 18, S-2665 was signed by the governor.

P.L.2011, c.116 (Madden) Establishes the Veteran to Veteran Peer Support Program telephone helpline. On Aug. 19, S-1731 was signed by the governor.

P.L.2011, c.117 (Johnson) Provides for voluntary contributions by taxpayers on gross income tax returns for New Jersey National Guard members and their families in need of assistance. On Aug. 19, A-2286 was signed by the governor.

P.L.2011, c.118 (Sweeney) Concerns employee leasing companies. On Aug. 19, S-2164 was signed by the governor.

P.L.2011, c.119 (Sarlo) Revises the method of regulation and collection of surplus lines insurance premium taxes. On Aug. 19, S-2930 was signed by the governor.

P.L.2011, c.120 (Girgenti) Establishes Pamela's Law; criminalizes possession and sale of mephedrone and methylenedioxpyrovalerone, commonly known as MDPV or bath salts. On Aug. 22, S-2829 was signed by the governor.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of Oct. 14 unless otherwise noted:

ENVIRONMENTAL PROTECTION

N.J.A.C. 7:1-5.7; 7:14B-1.4, 1.6, 1.7, 2.1 through 2.4, 2.6, 2.7, 3.5, 3.7, 5.1, 5.4 through 5.9, 6.5, 6.7, 7.1 through 7.4, 8.1, 8.3, 9.1, 9.2, 9.4, 9.5, 10.1, 10.3, 10.4, 10.6, 12.1, 12.3, 13.1, 13.2, 13.4, 13.8, 13.10, 12.4, 15.1, 16.9; 7:26B-1.4, 1.5, 1.8, 1.10, 1.11, (PDF)

2.1, 3.2, 5.3, 5.4, 5.7, 5.9, 8.1 and Appendix C; and 7:26C-1.1 through 1.18, 2.1, 2.2, 2.4, 3.2, 3.3, 4.1, through 4.7, 5.1 through 5.13, 6.2, through 6,4, 7.1, 7.2, 7.4 through 7.10, 10.4, 10.6, and Appendix C (PDF) Proposes amendments to Department of Environmental Protection rules regarding Administrative Requirements for the Remediation of Contaminated Sites (ARRCS rules), N.J.A.C. 7:26C, and other rules related to site remediation, including the Discharges of Petroleum and Other Hazardous Substances rules, N.J.A.C. 7:1E; the Underground Storage Tanks rules, N.J.A.C. 7:14B; and the Industrial Site Recovery Act rules, N.J.A.C. 7:26B, and to repeal and replace the Technical Requirements for Site Remediation (Technical Requirements), N.J.A.C. 7:26E. A public hearing concerning the proposal is scheduled for Sept.13 at 9 a.m. at the New Jersey Department of Environmental Protection, First Floor Hearing Room, 401 East State Street in Trenton, New Jersey.

N.J.A.C. 7:26A-13 (PDF) Proposes new Department of Environmental Protection rules and amendments for New Jersey’s Electronic Waste Management Program.

Notice of Opportunity to Provide Comment on Credit Accumulation and Use in (PDF)

Electronic Waste (E-Waste) Management Program (PDF) The Department of Environmental Protection is seeking comment on the implementation of a provision of the Electronic Waste Management Act (N.J.S.A. 13:1E-99.94 et seq.) relating to the accumulation of credits that may result when a manufacturer collects, transports and recycles covered electronic devices in excess of its collection obligations. Specifically, the act states that a manufacturer “may sell credits to another registrant or apply that excess to the following year’s recycling program.” The department is concerned that this provision, without limit, may adversely affect the department’s ability to assure that a “convenient and free” e-waste program is available to all consumers in the state, and is seeking comment on ways to establish a credit accumulation/use program that allows for flexibility for manufacturers, and yet preserves the act’s intent that a convenient and free program be available to all consumers.

Please submit written comments by Sept. 14 to the New Jersey Department of Environmental Protection, Solid and Hazardous Waste Management Program, Bureau of Recycling and Planning, 401 East State Street, Mail Code 401-02C, PO Box 420, Trenton, NJ 08625-0420 Attn.: Guy Watson, Chief.

Note: "Under review by the NJSBA" means that the bill is currently being examined by NJSBA sections, committees and/or Board of Trustees and a final position has not yet been reached on the measure.