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

Capitol Report

December 8, 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.

New Laws

BUSINESS LAW

P.L.2008, c.102 (Codey) Increases carryover period of net operating loss deduction under corporation business tax. (S-2130)

On The Governor's Desk

ELDER & DISABILITY LAW

A-2259 (Voss) (Under review by the NJSBA) "Self-Directed Support Services for Persons with Developmental Disabilities Rights Act." On Nov. 24, A-2259 substituted for S-1650, passed in the Senate (40-0) and was sent to the Governor.

ENVIRONMENTAL LAW

A-3343 (Gusciora) (Under review by the NJSBA) Revises "Electronic Waste Recycling Act." On Nov. 24, A-3343 substituted for S-2144, passed in the Senate (30-9) and was sent to the Governor.

REAL PROPERTY TRUST & ESTATE LAW

A-3459 (Watson Coleman) (Under review by the NJSBA) Appropriates $12,500,000 from Long Term Obligation and Capital Expenditure Fund and $51,471,000 in federal funds for housing related purposes. On Nov. 24, A-3459 substituted for S-8, passed in the Senate (30-9) and was sent to the Governor.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of January 16, 2009, unless otherwise noted:

ENVIRONMENTAL LAW

N.J.A.C. 7:26-2.1 and 2D.1 Provides changes to Department of Environmental Protection rules regarding county environmental and waste enforcement and environmental regulations concerning solid and hazardous waste programs and requirements for rail carriers that transfer non-containerized solid waste to or from rail cars.

ELDER & DISABILITY LAW

N.J.A.C 8:20-1; 8:20-1.3 and 2 Provides changes to Department of Health and Senior Services rules regarding birth defects registry.

INSURANCE LAW

N.J.A.C. 11:17 Provides changes to Department of Banking and Insurance rules regarding producer licensing.

N.J.A.C. 11:22-8 Provides changes to Department of Banking and Insurance rules regarding health benefit plans and health insurance identification cards.

LABOR & EMPLOYMENT LAW

N.J.A.C. 12:112 Provides changes to Department of Labor and Workforce Development rules regarding Occupational Safety and Health Review Commission rules of procedure.

PUBLIC UTILITY LAW

N.J.A.C. 14:18-16.7 Provides changes to Board of Public Utilities rules regarding regulations of cable television concerning effective competition.

The following rules were recently adopted:

ENVIRONMENTAL LAW

Take notice that the State Agriculture Development Committee (SADC) has determined the need to extend the delayed operative date of N.J.A.C. 2:76-23.6(a)10 from December 1, 2008 to January 20, 2009. This rule provides changes to SADC rules regarding a special permit for installation of a Personal Wireless Service Facility on preserved farmland.

GENERAL PRACTICE

N.J.A.C. 16:86 Provides changes to New Jersey Transit Corporation rules regarding advertising standards.

LABOR & EMPLOYMENT

N.J.A.C. 17:27-10.5 through 10.10 Provides notice of administrative corrections to Division of Public Contracts Equal Employment Opportunity Compliance, Department of Treasury rules regarding affirmative action.

Public Notices

Notice of Availability of Contract Funds to Provide an Array of Intensive In-Home Supportive Services Take notice that, in compliance with N.J.S.A. 52:17b-170E, the Juvenile Justice Commission seeks to enter into a contract to provide an array of intensive in-home supportive services utilizing Multi-Systemic Therapy to eight appropriate youth. All interested applicants should call 609-341-3020 for a Request for Proposal (RFP) package.

Notice of Availability of Contract Funds for On-site Psychological Services Essex Residential/Transitional Program Take notice that, in compliance with N.J.S.A. 52:17B-170E, the Juvenile Justice Commission seeks to enter into a contract for psychological services for residents at the above-mentioned Residential/Transitional Program (four hours per week). All interested applicants should call 609-341-3020 for a Request for Proposal (RFP) package.

Notice of Permit Extension Act Provisions Take notice that, in compliance with the Permit Extension Act of 2008 (P.L. 2008, c. 78), approvals, as defined in section 3 of the Act including any Department of Health and Senior Services certificate of need award, letter or extension specific to development, as defined in section 3 of the Act, of a health care facility is tolled in conformance with P.L. 2008, c. 78. For more information, write to:

Director
Office of Certificate of Need and Healthcare Facility Licensure
Division of Health Facilities Evaluation and Licensing
New Jersey Department of Health and Senior Services
PO Box 358
Trenton, NJ 08625-0358

Notice of Availability of Grant Program Funds for Language Minority Students Grant Program Take notice that in compliance with N.J.S.A. 52:14-34.4 eq seq. (P.L. 1987, c. 7), the Commissioner on Higher Education published notice of the availability of the education of Language Minority Students Grant Program, which funds the implementation of educational services to enhance the instruction, learning, and academic achievement of language minority students who are enrolled, or plan to enroll in academic credit-bearing course work at New Jersey colleges and universities. For more information go to http://www.state.nj.us/highereducation/Regulations.htm.

Notice of Funding Availability for US Department of Transportation, Hazardous Emergency Preparedness Grant Program Take notice that the United State Department of Transportation Pipeline and Hazardous Materials Administration provides grant funding for the Hazardous Materials Emergency preparedness (HMEP) program under 49 CFR Part 110, as amended. The New Jersey State Police Special Operations Section (NJSP/SOS), Hazardous Materials Response Unit is the HMEP program Grant Coordinator for hazardous materials emergency planning and training related activities. For more information contact the emergency Management office in your community or contact Sgt. Dean Hillman, HMEP Grant Coordinator at 732-721-4040.

Notice of Receipt of Petition for Rulemaking Requested Regulations Authorizing Imposition of Fines for Violation of Regulations Take notice that on Oct. 8, 2008, the New Jersey Motor Vehicle Commission received a petition for rulemaking requesting that the Commission board adopt regulations authorizing Chief Administrator of the Commission to impose fines for certain violations of the Commission's regulations by motor vehicle dealers. Effective Feb. 12, 2008, N.J.S.A. 39:10-20 was amended to provide that in addition to suspension or revocation of a dealer license, the Chief Administrator may impose a fine, not to exceed $500 for a first offense and $1000 for any subsequent offense, for a violation of any provision of N.J.S.A. 39:10-1 et seq. The purpose of the request is to authorize the Commission to impose fines for violations of the regulations pertaining to motor vehicle dealers; authorize imposition of fines for violations of the regulations concurrent with suspension; and specify the administrative action to be taken relative to the nature of the offense. The petitioner also requests the repeal of the existing policy of imposing fines for violations of the regulations. In accordance with N.J.A.C. 1:30-4.2, the Commission will mail to the petitioner, and file with the Office of Administrative Law, a notice of action on the petitioner's request.

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.