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

Capitol Report

November 10, 2008

By Valerie L. Brown and Tamika Wilson

The following edition of the Capitol Report focuses on executive orders, regulatory matters and public notices.

Executive Orders

Executive Order No. 111, issued on Aug. 31, 2008, declares a state of emergency for the specific purpose of activating the Emergency Management Assistance Compact (EMAC) (N.J.S.A. 38A:20-4) to coordinate multi-state mutual aid to the states of Louisiana and Mississippi to assist in responding to Hurricane Gustav and to prevent the uncoordinated deployment of emergency personnel and delivery of emergency services that could endanger the health, safety, and resources of the citizens of New Jersey by dangerously depleting the supply of essential materials and services.

Executive Order No. 113, issued on Sept. 4, 2008, declares termination of the state of emergency declared under Executive Order No. 111 because the severity of conditions necessitating such assistance under EMAC has eased and the New Jersey Office of Emergency Management has advised that the emergency personnel provided by the state in response to an EMAC request from the state of Louisiana have returned to the state.

Executive Order No. 114, issued Sept. 5, 2008, strengthens protections under the Highland Regional Master Plan. The executive order provides for the reauthorization of the Garden State Preservation Trust to ensure an ample supply of funds for purchasing open spaces; the earmarking of $10 million to begin the process of purchasing development credits from those who want to remain on farmland in the Highlands; directing the state Department of Environmental Protection to restrict permits for new development that drains water from undeveloped regions in the Highlands Planning Area where water is deficient; directing the Council on Affordable Housing to work with the Highlands Council to ensure that nothing-not even affordable housing needs-impedes the protection of Highlands water; and, directing the Highlands Council to ensure that all future planning decisions be done in an open and transparent manner, and open to public comment.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of December 5, unless otherwise noted:

FAMILY LAW

N.J.A.C. 10:90-2.2 through 2.10, 2.17, and 2.18 Provides changes to Division of Family Development rules regarding the Work First New Jersey program.

N.J.A.C. 10:110-7.3 Provides changes to Division of Family Development rules regarding the child support and paternity program.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:43G-12A; 8:43E-3.4 and 8:43G-36.3 Provides changes to Department of Health and Senior Services rules regarding hospital licensing standards, emergency care for sexual assault victims, satellite emergency departments, general licensure procedures and enforcement remedies.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:16-1.1, 1.2, 1.6, and 2.3; 12:15-1.1A, 12:17-22 and 12:21 Provides changes to Department of Labor and Workforce Development rules regarding family leave insurance benefits.

N.J.A.C. 12:16-5.3 and 13.7; 12:16-13.11 Provides changes to Department of Labor and Workforce Development rules regarding wage reporting, contribution reporting, and payment of contributions.

LAND USE LAW

N.J.A.C. 7:7A-5.2, 5.6, 5.10A, 5.10B, 5.11, 5.21 and 5.27 Provides changes to Land Use Management Division of Land Use Regulation rules regarding the Freshwater Wetlands Protection Act, adopted general permits, and mitigation.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:14A-2.4, 2.5, 2.6, 2.7, and 2:10; 5:14A-4.15 and 5.8 Provides changes to Division of Codes and Standard rules for carnival rides.

SCHOOL LAW

N.J.A.C. 6A:30-3.1, 3.2, 3.3, 4.1, 5.5, 6.5, 6.8, 8.2, 8.3, and 6A:30 Appendix; 6A:30-10 Provides changes to state Board of Education rules regarding evaluation of the performance of school districts.

TAXATION

N.J.A.C. 18:35-7.4 Provides changes to Division of Taxation rules regarding gross income tax withholding and reporting of tax.

Below please find proposed regulations with a deadline for comment of December 19, unless otherwise noted:

BUSINESS LAW

N.J.A.C. 19:30-6.1, 6.2 and 6.3; 19:31-2.1, 2.5, 7.3 and 10:12; 19:30-6.6 and 19:31-4 Provides changes to New Jersey Economic Development Authority rules regarding fees on loan and guarantee products and the Business Employment Incentive Program.

JUDICIAL ADMINISTRATION

N.J.A.C. 4A:4 Provides changes to Civil Service Commission rules regarding selection and appointment.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:14A-2.8; 5:17-2.3 and 2.4; 5:19-2.3 and 2.4; 5:23-4.19, 4.20, 5.21, 5.22, 8.9, 8.10, 8.11, 12.5, and 12.6 and 5:26-2.3 and 2.4 Provides changes to Department of Community Affairs rules regarding carnival amusement rides and department fees.

HEALTH AND HOSPITAL LAW

N.J.A.C. 10:49-3.2 Provides changes to Division of Medical Assistance and Health Services rules regarding employee education on fraud prevention, waste, and abuse in Medicaid programs.

WORKERS' COMPENSATION

N.J.A.C. 11:6 Provides changes to Department of Banking and Insurance rules regarding New Jersey's workers' compensation managed care organizations.

The following rules were recently adopted:

CONSUMER PROTECTION

N.J.A.C. 13:47A; 13:47A-6 and 12.4; 13:47A-7.10 Provides changes to Division of Consumer Affairs rules regarding the Bureau of Securities.

ELDER AND DISABILITY LAW

N.J.A.C. 10:42B Adopts new Division of Developmental Disabilities rules regarding a moderate security unit.

N.J.A.C. 10:48A Readopts Division of Developmental Disabilities rules regarding background checks.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:18 Readopts, with amendments, Labor and Workforce Development rules regarding temporary disability benefits.

N.J.A.C. 17:27; 17:27-7.4; 17.27-10.5, 10.6 and 10.7; 17:27-3.2, 7.3, 10.6, 10.7, 10.8, 10.9, and 12.1 Provides changes to Division of Public Contracts Equal Employment Opportunity Compliance rules regarding affirmative action.

LOCAL GOVERNMENT LAW

N.J.A.C. 16:41; 16:41-1.1 and 5.3 Provides changes to Department of Transportation rules regarding highway occupancy permits.

MILITARY LAW AND VETERANS' AFFAIRS

N.J.A.C. 5A:1 Readopts, with amendments, Department of Military and Veterans' Affairs organizational rules.

PUBLIC UTILITY

N.J.A.C. 14:10-1, 1A, 2, 3, 5, 6, 9, 10, 11; 14:10-1.3 and 2.1; 14:10-1A.4 and 1A.8 Provides changes to Board of Public Utilities rules regarding telephones.

SCHOOL LAW

N.J.A.C. 6A:7 Readopts state Board of Education rules regarding managing for equality and equity in education.

Public Notices

BANKING LAW

Take notice that on April 4, the Department of Banking and Insurance received a petition for rulemaking from New Jersey Financial Service Centers, Inc. to increase the regulated check-cashing fee for standard checks from two percent to 2.86 percent, and to increase the minimum fee for the cashing of standard checks from $0.90 to not less than $1 per transaction. The petitioner also requested rulemaking to adopt a provision for an automatic, annual adjustment in check-cashing fees for standard checks based on increase in the applicable regional Consumer Price Index as reported by the U.S. Department of Labor. The commissioner certifies that the petition was duly considered pursuant to law and has denied the petition, but will give this issue further consideration.

ENVIRONMENTAL LAW

Take notice that the Department of Environmental Protection has referred, for further deliberation, a petition for rulemaking regarding the Freshwater Wetlands Protection Act.