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

Capitol Report

November 24, 2008

By Valerie L. Brown and Tamika Wilson

This is a status report on recently passed and pending legislation and regulations, gubernatorial nominations and appointments of interest to lawyers. 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.

Pending Legislation

ANIMAL LAW

S-2028/A-3052 (Van Drew/Albano) (Under review by the NJSBA) Expands emergency operations plans to include care for domestic animals. On Nov. 13, A-3052 was released from the Assembly Agriculture and Natural Resources Committee with amendments and is awaiting Assembly vote.

BUSINESS LAW

S-2244/A-2880 (Gill/Diegnan) (NJSBA supports) Eliminates the 10-day advance notification of a proposed effective date of certain shareholder action. On Nov. 13, A-2880 was released from the Senate Commerce Committee and is awaiting Senate vote.

S-2245/A-2885 (Gill/Milam) (NJSBA supports) Allows officers of a corporation to grant employees and officers of the corporation shares of stock, rights or options. On Nov. 13, A-2885 was released from the Senate Commerce Committee and is awaiting Senate vote.

S-2246/A-2883 (Gill/DeAngelo) (NJSBA supports) Provides that corporate bylaws may allow a corporation to eliminate plurality voting for corporate directors. On Nov. 13, A-2883 was released from the Senate Commerce Committee and is awaiting Senate vote.

S-2283/A-2884 (Van Drew/Albano) (NJSBA supports) Expands the scope of unincorporated entities permitted to merge or consolidate with domestic corporations. On Nov. 13, A-2884 was released from the Senate Commerce Committee and is awaiting Senate vote.

S-2284/ A-2881 (Van Drew/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 Nov. 13, A-2884 was released from the Senate Commerce Committee and is awaiting Senate vote.

CIVIL TRIAL BAR

S-86/A-289 (Connors/Rumpf) (Under review by the NJSBA) Makes public officers or employees convicted of certain crimes or found at fault in certain civil actions liable and subject to pension garnishment for public legal expenses and illegally obtained funds. On Nov. 13, A-289 was released from the Assembly State Government Committee with a substitute and is awaiting Assembly vote.

CONSTRUCTION LAW

A-2359 (Greenstein) (Under review by the NJSBA) Requires contractors to provide the Department of the Treasury with employment information about contracts with public bodies. On Nov. 13, the bill was release from the Assembly Labor Committee with a substitute and is awaiting Assembly vote.

CRIMINAL LAW

S-297/A-3456 (Kean/Evans) (Under review by the NJSBA) Provides for an extended term of imprisonment, supervision for life and sex offender registration for the crime of human trafficking under certain circumstances. On Nov. 13, A-3456 was introduced and referred to the Assembly Judiciary Committee.

S-847 (Kyrillos) (NJSBA opposes) Changes the criminal penalties for theft of fuel. On Nov. 13, the bill was released from the Senate Transportation Committee and is awaiting Senate vote.

S-1570/A-2947 (Watson Coleman) (NJSBA opposes) Establishes Qua-Daishia's Law; bars disclosure of personal identifying information contained in grand jury materials; creates a fourth-degree offense for unauthorized disclosure. On Nov. 13, A-2947 was released from the Assembly Judiciary Committee with a substitute and is awaiting Assembly vote.

A-3455 (Evans) (Under review by the NJSBA) Extends the statute of limitations for certain sexual abuse cases. On Nov. 13, the bill was introduced and referred to the Assembly Judiciary Committee.

ELDER AND DISABILITY LAW

A-2791 (Amodeo) (Under review by the NJSBA) Creates the New Jersey Senior Labor Task Force. On Nov. 13, the bill was released from the Assembly Labor Committee with a substitute and is awaiting Assembly vote.

ENVIRONMENTAL LAW

S-713/A-3239 (Smith/Mckeon) Establishes forest stewardship and forest certification programs in the Department of Environmental Protection; establishes the Forest Stewardship Incentive Fund. On Nov. 13, S-713 was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

FAMILY LAW

S-111/A-2750 (Weinberg/Vainieri Huttle) (Under review by the NJSBA) Requires staff members of adoption agencies to undergo a criminal history record background and child abuse record information checks. On Nov. 13, A-2750 was released from the Assembly Human Services Committee and is awaiting Assembly vote.

S-731/A1550 (Stack/Greenstein) (Under review by the NJSBA) Eliminates inheritance rights and the right of recovery in certain civil actions for a surviving parent who abandoned a decedent child. On Nov. 13, A-1550 combined with A-143, was released from the Assembly Judiciary Committee and is awaiting Assembly vote.

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 Nov. 13, A-2878 was released from the Assembly Appropriations Committee and is awaiting Assembly vote.

A-3284 (Watson Coleman) (Under review by the NJSBA) Expands the membership of the Domestic Violence Fatality and Near Fatality Review Board. On Nov. 13, the bill was released from the Assembly Human Services Committee and is awaiting Assembly vote.

HEALTH AND HOSPITAL LAW

S-1808/A-2038 (Kean/Gusciora) (Under review by the NJSBA) Denies public access to extinguished psychiatric liens. On Nov. 13, the A-2038 was released from the Assembly Human Services Committee and is awaiting Assembly vote.

A-3110 (Rodriguez) (Under review by the NJSBA) Authorizes midwives to examine or treat individuals under certain labor laws. On Nov. 13, the bill was released from the Assembly Labor Committee with amendments and is awaiting Assembly vote.

LABOR AND EMPLOYMENT LAW

A-3437 (DeAngelo) (NJSBA opposes) Prohibits certain provisions in employment contracts. On Nov. 13, the bill was introduced and referred to the Assembly Labor Committee.

MILITARY LAW AND VETERAN AFFAIRS

A-785 (Conners) (Under review by the NJSBA) Provides that post-traumatic stress disorder from military service during combat may be a mitigating factor during sentencing. On Nov. 13, the bill was released from the Assembly Military and Veterans' Affairs Committee and referred to the Assembly Judiciary Committee.

MINORITIES IN THE PROFESSION

S-234/A-2292 (Adler/Greenstein) (Under review by the NJSBA) Makes various changes to the Law Against Discrimination; repeals Section 4 of P.L.1985, c.73. On Nov. 13, A-2292 was released from the Assembly Judiciary Committee and is awaiting Assembly vote.

S-2232/A-3440 (Weinberg/Gusciora) (Under review by the NJSBA) Makes certain changes concerning the appointment, duties, and tenure of the director of the Division on Civil Rights. On Nov. 13, A-3440 was introduced and referred to the Assembly Judiciary Committee.

REAL PROPERTY, TRUST AND ESTATE LAW

S-1094/A-3454 (Bucco/Evans) (NJSBA opposes) Provides for attachment of real property relating to terrorism. On Nov. 13, A-3454 was introduced and referred to the Assembly Homeland Security and State Preparedness Committee.

S-1599 (Rice) (Under review by the NJSBA) Establishes the New Jersey Homeownership Preservation Act. On Nov. 13, the bill was released from the Senate Budget and Appropriations Committee with a substitute and is awaiting Senate vote.

S-1971/A-3449 (Turner/Prieto) (Under review by the NJSBA) Establishes the Owners' Rights and Obligations in Shared Ownership Communities Act. On Nov. 13, A-3449 was introduced and referred to the Assembly Housing and Local Government Committee.

A-3099 (Watson Coleman) (Under review by the NJSBA) Provides for continuing education for real estate brokers, broker-salespersons and salespersons. On Nov. 13, the bill was transferred to the Assembly Regulated Professions and Independent Authorities Committee.

WORKERS' COMPENSATION

S-668/A-2058 (Madden/Burzichelli) (Under review by the NJSBA) Provides surviving spouses of certain fire and police personnel who die in line of duty with workers' compensation for the entire period of survivorship. On Nov. 13, S-668 was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

Nominations

The following nominations were referred to the Senate Judiciary Committee on Nov. 13;

STATE ATHLETIC CONTROL BOARD
Steven W. Katz, of Livingston, NJSBA member

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.