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

Capitol Report

October 27, 2008

By Valerie L. Brown and Tamika Wilson

This is a status report on pending legislation reviewed by the NJSBA Board of Trustees at the October Board of Trustees meeting. It is compiled by the legislative department of the New Jersey State Bar Association. Following each bill is the number, sponsor's name, NJSBA position, if any, bill description and status.

BUSINESS LAW

S-1312 (Sweeney) (NJSBA opposes) Prohibits employment of unauthorized aliens. On Feb. 26, the bill was introduced and referred to the Senate Labor Committee.

S-1813/A-1942 (Sarlo/Chivukula) (NJSBA takes no position) Requires owners and employees of international labor matching or matchmaking organizations to undergo background checks, and these organizations' recruits must be given domestic violence information. On May 15, S-1813 was released from the Senate Labor Committee and is awaiting Senate vote.

S-2049/A-2882 (Adler/Diegnan) (NJSBA supports) Provides one-hour and two-hour service options for expedited over-the-counter corporate service requests. On Oct. 20, S-2049 was released from the Senate Commerce Committee and is awaiting Senate vote.

S-2050/A-2879 (Adler/Diegnan) (NJSBA supports) Allows certain corporate notices to be provided via electronic transmission. On Oct. 20, S-2050 was released from the Senate Commerce Committee and is awaiting Senate vote.

A-2880 (Diegnan) (NJSBA supports) Eliminates the 10-day advance notification of a proposed effective date of certain shareholder action. On Oct. 2, the bill was received in the Senate and referred to the Senate Commerce Committee.

A-2881 (Vas) (NJSBA supports) Allows the director of a corporation to provide notice of resignation, which is only effective upon the occurrence of a certain event. On Oct. 2, the bill was received in the Senate and referred to the Senate Commerce Committee.

A-2883 (DeAngelo) (NJSBA supports) Provides that corporate bylaws may allow a corporation to eliminate plurality voting for corporate directors. On Oct. 2, the bill was received in the Senate and referred to the Senate Commerce Committee.

A-2884 (Albano) (NJSBA supports) Expands the scope of unincorporated entities permitted to merge or consolidate with domestic corporations. On Oct. 2, the bill was received in the Senate and referred to the Senate Commerce Committee.

A-2885 (Milam) (NJSBA supports) Allows officers of a corporation to grant employees and officers of the corporation shares of stock, rights or options. On Oct. 2, the bill was received in the Senate and referred to the Senate Commerce Committee.

CHILDREN'S RIGHTS

S-1741/A-3288 (Cardinale/Cryan) (NJSBA opposes) Requires psychologists to video-record sessions conducted with children alleged to be abused or neglected. On Oct. 2, A-3288 was introduced and referred to the Assembly Human Services Committee.

CIVIL TRIAL BAR

S-1570/A-2947 (Turner/Watson Coleman) (NJSBA opposes) Bars the disclosure of personal identifying information of grand jury witnesses except for their names; creates a fourth-degree offense for attorney disclosure. On June 12, A-2947 was introduced and referred to the Assembly Judiciary Committee.

S-2116 (Lesniak) (NJSBA opposes) Limits the amount of appeal bond in civil actions to the total value of the monetary judgment or $50 million, whichever is less. On Oct. 2, the bill was introduced and referred to the Senate Judiciary Committee.

CONSUMER PROTECTION

A-2272 (Cohen) (NJSBA opposes) Includes security fraud as a violation of the Consumer Fraud Act. On May 22, the bill was introduced and referred to the Assembly Transportation, Public Works and Independent Authorities Committee.

CRIMINAL LAW

A-571 (Voss) (NJSBA opposes) Creates the offense of impairing communications, which would constitute domestic violence in certain circumstances. On Oct. 2, the bill was received in the Senate and referred to the Senate Judiciary Committee.

ENVIRONMENTAL LAW

S-1625 (Bucco) (NJSBA takes no position) Establishes the Toxic Mold Protection Act of 2008. On May 5, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

FAMILY LAW

S-1560/A-2617 (Turner/Oliver) (NJSBA supports) Requires the Department of Human Services (DHS) to assess a $25 annual fee for the collection of certain child support payments and authorizes the DHS to increase the child support pass through. On June 23, A-2617 was received in the Assembly and referred to the Assembly Appropriations Committee.

S-1985/A-2878 (Ruiz/Evans) (NJSBA supports) Permits payments in subsidized adoption until a child reaches 21 years of age under certain circumstances. On June 16, S-1985 was introduced and referred to the Senate Health, Human Services and Senior Citizens Committee.

A-746 (Prieto) (NJSBAS supports) Requires the court, prior to granting a domestic violence victim's application to dissolve a restraining order, to make a finding that the application was made voluntarily. On May 12, the bill was released from the Assembly Judiciary Committee with amendments and is awaiting vote in the Assembly.

A-2321 (Scalera) (NJSBA opposes) Requires three forms of identification when requesting a birth certificate. On March 6, the bill was released from the Assembly Homeland Security and State Preparedness Committee with amendments and is awaiting vote in the Assembly.

A-2587 (Oliver) (NJSBA supports) Expands the definition of "abused child" to include youths between the ages of 18 and 21 who receive services from the Department of Children and Families. On May 5, the bill was introduced and referred to the Assembly Human Services Committee.

A-2663 (Chiappone) (NJSBA takes no position) Provides that a court shall make an order respecting custody of domestic companion animals in divorce upon request. On May 12, the bill was introduced and referred to the Assembly Judiciary Committee.

JUDICIAL ADMINISTRATION

S-1785/A-2760 (Sweeney/Pou) (NJSBA opposes) Establishes the Court Security Enhancement Fund and increases court fees. On Sept. 22, A-2760 was released from the Assembly Judiciary Committee with amendments and referred to the Assembly Appropriations Committee.

LABOR AND EMPLOYMENT

S-1982 (Sweeney) (NJSBA opposes) Establishes an ombudsman for injured workers in, but not of, the Department of Labor and Workforce Development. On June 16, the bill was introduced and referred to the Senate Labor Committee.

MILITARY LAW

S-1004 (Allen) (NJSBA supports) Provides for voluntary contributions by taxpayers on gross income tax returns for certain New Jersey members of the military and their families in need of assistance. On Jan. 28, the bill was introduced and referred to the Senate Law and Public Safety and Veterans' Affairs Committee.

A-773 (Conners) (NJSBA supports) Makes a supplemental appropriation of $50,000 to Rutgers, The State University, and $50,000 to Seton Hall University to fund a clinical legal program for homeless veterans. On Jan. 8, the bill was introduced and referred to the Assembly Military and Veterans' Affairs Committee.

MUNICIPAL COURT PRACTICE

S-1499 (Singer) (NJSBA opposes) Requires motorists to submit to drug tests in accidents resulting in death or bodily injury. On March 10, the bill was introduced and referred to the Senate Law and Public Safety and Veterans' Affairs Committee.

A-865 (Albano) (NJSBA opposes) Establishes Jay's Law; requires driving while intoxicated offenders to wear an alcohol monitoring device. On Jan. 8, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

REAL PROPERTY, TRUST AND ESTATE

S-57 (Rice) (NJSBA opposes) Makes residential mortgage fraud a separate crime. On Jan. 8, the bill was introduced and referred to the Senate Judiciary Committee.

A-1764 (Watson Coleman) (NJSBA supports) Establishes the Teaser Rate Protection Act, prohibits certain residential mortgage lending practices. On Jan. 8, the bill was introduced and referred to the Assembly Financial Institutions and Insurance Committee.

A-2679 (Moriarty) (NJSBA opposes) Establishes the Truth in Mortgaging Act, creates crime of residential mortgage fraud. On May 12, the bill was introduced and referred to the Assembly Financial Institutions and Insurance Committee.

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.