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

Capitol Report

September 8, 2008

By Valerie L. Brown and Tamika Wilson

This is a special edition of the Capitol Report focusing on executive orders, rule proposals, rule adoptions and special adoptions.

Executive Orders

The following executive orders are effective immediately, as of June 30:

No. 103 (2008) Prohibits submission of a proposed state budget that relies on one-shot revenues and is not balanced with recurring revenues.

Rule Proposals

Below please find proposed regulations with a deadline for comment of October 3, unless otherwise noted:

ENVIRONMENTAL LAW

N.J.A.C. 7:7-7.2 Provides changes to the Department of Environmental Protection rules regarding coastal permit program rules.

N.J.A.C. 7:27-4.0, 4.2, 10.1, 10.2, 16.1-16.3, 16.7, 16.11, 16.16, 16.17, 16.22, 16.27, 19.1-19.5, 19.7-19.10, 19.13, 19.15, 19.21, 21.1, and 21.5; 7:27A-3.10; 7:27-10.5, 16 Appendix lI, 19.12, 19.28, 19.29, and 19.30; 7:27-16.19 Provides changes to the Department of Environmental Protection rules regarding air pollution control and control and prohibition of air pollution by volatile organic compounds and oxides of nitrogen.

GOVERNMENT AND PUBLIC SECTOR

N.J.A.C. 15:3-1.6, 4.3, 5.5, 5.6, 7.4, and 7.12; 15:3-1.6-4.11 Provides changes to the state Division of Archives and Records Management rules regarding records management.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:83 and 8:83-4.5 Provides changes to the Department of Health and Senior Services rules regarding Pharmaceutical Assistance to the Aged and Disabled (PAAD) Eligibility Manual.

N.J.A.C. 10:38A, 10:38A Appendix Provides changes to the Department of Human Services rules under the Division of Mental Health Services regarding the Pre-Placement Program.

LABOR AND EMPLOYMENT

N.J.A.C. 4A:8 Provides changes to the Department of Personnel rules under the Merit System Board regarding layoffs.

N.J.A.C 12A:2A-3.1, 3.3 and 3.5 Provides changes to the New Jersey Commerce Commission rules regarding commission assistance programs and payment of prevailing wages.

LOCAL GOVERNMENT

N.J.A.C. 5:7 Provides changes to the Department of Community Affairs rules under the Division of Codes and Standards regarding the Urban and Rural Centers Unsafe Buildings Demolition Loan Fund.

Below please find proposed regulations with a deadline for comment of October 17, unless otherwise noted:

ELECTION LAW

N.J.A.C. 19:25-15.3, 15.6, 15.10, 15.11, 15.12, 15.14, 15.16, 15.17, 15.21, 15.22, 15.30, 15.31, 15.32, 15.35, 15.45, 15.48, 15.49, 16.3, 16.6, 16.8-16.11, 16.14, 16.18, 16.21, 16.22, 16.31, 16.33, 16.35, 16.37-16.38 Provides changes to the Election Law Enforcement Commission rules regarding campaign cost index adjustments, public financing, and general and primary elections for the office of governor.

ENVIRONMENTAL LAW

N.J.A.C. 7:7A-16 and 7A-16.9 Provides changes to the Department of Environmental Protection rules regarding Freshwater Wetlands Protection Act rules enforcement.

LAND USE

N.J.A.C. 19:3, 19:4, and 19:5; 19:3-6, 19:4-10.5, 10.6, 10.7, 11.7, and 12; 19:4-4.12 and 10.9 Provides changes to the New Jersey Meadowlands Commission rules regarding administration of district zoning regulations and subdivision regulations.

STATE PENSIONS AND INVESTMENTS

N.J.A.C. 17:16-12.1, 12.2 and 12.4 Provides changes to the Department of Treasury rules under the Division of Investment regarding corporate obligations.

N.J.A.C. 17:16-13.2 Provides changes to the Department of Treasury rules under the Division of Investment regarding interest rate swap transactions.

N.J.A.C. 17:16-14 Provides changes to the Department of Treasury rules under the Division of Investment regarding finance company debt.

N.J.A.C. 17:16-15 Provides changes to the Department of Treasury rules under the Division of Investment regarding bank debentures.

N.J.A.C. 17:16-16.2 and 16.4 Provides changes to the Department of Treasury rules under the Division of Investment regarding international corporate obligations.

N.J.A.C. 17:16-19.2 Provides changes to the Department of Treasury rules under the Division of Investment regarding collateralized notes and mortgages.

N.J.A.C. 17:16-23 Provides changes to the Department of Treasury rules under the Division of Investment regarding bank loans.

N.J.A.C. 17:16-24 Provides changes to the Department of Treasury rules under the Division of Investment regarding credit default swap transactions.

N.J.A.C. 17:16-40 Provides changes to the Department of Treasury rules under the Division of Investment regarding non-convertible preferred stocks of U.S. corporations.

N.J.A.C. 17:16-41.1, 41.2 and 41.4 Provides changes to the Department of Treasury rules under the Division of Investment regarding common and preferred stocks and debt issues and issues convertible into common stock of U.S. corporations and U.S. exchange-traded funds.

N.J.A.C. 17:16-44.1, 44.2, and 44.4 Provides changes to the Department of Treasury rules under the Division of Investment regarding common and preferred stocks and debt issues and issues convertible into common stock of international corporations and international exchange-traded funds.

N.J.A.C. 17:16-46.1, 46.2 and 46.4 Provides changes to the Department of Treasury rules under the Division of Investment regarding common and preferred stocks and debt issues convertible into common stock of international corporations and exchange-traded, global, regional or country funds in emerging markets.

N.J.A.C. 17:16-58.2 Provides changes to the Department of Treasury rules under the Division of Investment regarding mortgage-backed senior debt securities and mortgage-backed pass-through securities.

N.J.A.C. 17:16-63.1, 63.2 and 63.9 Provides changes to the Department of Treasury rules under the Division of Investment regarding Common Pension Fund B.

N.J.A.C. 17:16-69.9 Provides changes to the Department of Treasury rules under the Division of Investment regarding Common Pension Fund E.

TRIAL LAW

N.J.A.C. 5:14A-2.1, 2.4, 2.5, 2.6, 2.7 and 2.10 Provides changes to the Department of Community Affairs rules regarding carnival amusement rides, allowing the department to issue temporary approvals for newly installed rides providing there are no outstanding issues that could impact the safe use of the ride.

Rule Adoptions

Below please find rules adopted with an effective date of July 1, unless otherwise noted:

FAMILY LAW

N.J.A.C. 10:131 Readopts, with amendments, Department of Children and Families rules under the Division of Youth and Family Services regarding Adoption Assistance and Child Welfare Act of 1980 requirements. Effective July 2.

INSURANCE LAW

N.J.A.C 11:2-29.1, 11:2-29.8, 11:2-29.3-29.7 Adopts and repeals certain Department of Banking and Insurance rules under the Office of Property and Casualty regarding orderly withdrawal of insurance business. Effective August 4.

LABOR AND EMPLOYMENT LAW

N.J.A.C 4A:1 Readopts, with amendments, Department of Personnel rules under the Merit System Board regarding general rules and department organization.

N.J.A.C. 4A:2 Readopts, with amendments, Department of Personnel rules under the Merit System Board regarding appeals, discipline, and separations.

N.J.A.C. 4A:7 Readopts, without change, Department of Personnel rules under the Merit System Board regarding equal employment opportunity and affirmative action.

Special Adoptions

EDUCATION

N.J.A.C. 6A:4 Take notice that, in compliance with the provisions of P.L. 2008 c.36, the commissioner of education repeals N.J.A.C. 6A:4 and its replacement with new rules governing appeal to the State Board of Education from decisions of the Commissioner, State Board of Examiners, and School Ethics Commission. Effective July 8.

JUDICIAL ADMINISTRATION

N.J.A.C. 17:1-16 Take notice that, in compliance with the provisions of P.L. 2008 c. 21, specifically section 1j, the Director of the Division of Pensions and Benefits in the Department of the Treasury promulgated rules regarding the implementation of the Early Retirement Incentive (ERI) program offered to eligible employees of the Executive Branch and Judicial Branch. Effective July 11.

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