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

Capitol Report

December 22, 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.

Executive Orders

Executive Order No. 123 (2008)
Establishes the New Jersey Arab-American Heritage Commission.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of January 30, 2009, unless otherwise noted:

CRIMINAL LAW

N.J.A.C 10A:1-2.2 Provides changes to Department of Corrections rules regarding uninterrupted surveillance of inmates.

ELECTION LAW

N.J.A.C. 19:25-15.47B, 15.47C, 16.34A and 16.34B Provides changes to Election Law Enforcement Commission rules regarding public financing for general and primary elections for the Office of Governor.

HEALTH & HOSPITAL LAW

N.J.A.C. 8:43G-5.22 Provides changes to Department of Health and Senior Services rules regarding hospital licensing standards, administration, general hospital-wide policies, and governing body training requirements.

HIGHER EDUCATION

N.J.A.C. 9A:10 Provides changes to Higher Education Student Assistance Authority rules regarding student loan and college savings programs and the federal Family Education Loan Program.

INSURANCE LAW

N.J.A.C. 11:1-5.1 Provides changes to Department of Banking and Insurance rules regarding the "FAIR Plan surcharge," which provides essential property insurance to individuals unable to obtain such coverage in the voluntary market.

N.J.A.C. 11:17B-3.1 Provides changes to Department of Banking and Insurance rules regarding insurance producers' standards of conduct with respect to commissions and fees.

N.J.A.C. 11:19-1 Provides changes to Department of Banking and Insurance rules regarding annual and quarterly financial statement submission requirements.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:55-2.1 Provides changes to Department of Labor and Workforce Development rules regarding wage payments and payroll deductions.

PUBLIC UTILITY LAW

N.J.A.C. 14;8-2.7 and 2.8 Provides changes to Board of Public Utilities rules regarding renewable portfolio standards.

N.J.A.C. 16:25 Provides changes to Department of Transportation, Capital Program Management rules regarding and utility accommodation.

The following rules were recently adopted:

LOCAL GOVERNMENT LAW

N.J.A.C. 5:14A-1.2, 9.7 and 13.2 Adopts amendments to Division of Codes and Standards rules regarding carnival amusement rides, specifically definitions of fixed and portable rides and Uniform Construction Code tent requirements.

INSURANCE LAW

N.J.A.C. 13:3 Readopts, with amendments, Division of Consumer Affairs rules for the Office of Amusement Games Control.

Nominations

The following nominations were referred to the Senate Judiciary Committee on Dec. 8:

JUDGE OF THE SUPERIOR COURT
Miguel de la Carrera, of Clifton
Harry Carroll, of Washington Township, NJSBA Member
Alfonse Cifelli, of West Caldwell
Claude Coleman, of Newark, NJSBA Member
Robert Contillo, of Haworth
John Coyle, of Stewartsville, NJSBA Member
Thomas Critchley, of Madison
John Dangler, of Morris Plains
William DeLorenzo, of Upper Saddle River, NJSBA Member
Richard Donohue, of Hillsdale
Paul Kapalko, of West Long Branch, NJSBA Member
Fred Kumpf, of Bridgewater
Lois Lipton, of Edgewater
Brian Martinotti, of Cliffside Park, NJSBA Member
Jean McMaster, of Pitman
E. David Millard, of Toms River, NJSBA Member
Edward O'Connor, of Bayonne, NJSBA Member
Darlene Pereksta, of Lavallette
Michael Ravin, of Verona, NJSBA Member
Joseph Rosa, of Wallington, NJSBA Member
James Rothschild, of Short Hills, NJSBA Member
Stephen Rubin, of Flemington, NJSBA Member

ROWAN UNIVERSITY - BOARD OF TRUSTEES
James J. Gruccio, of Vineland, NJSBA Member
Helene M. Reed, of Williamstown

WORKERS' COMPENSATION JUDGE
Eugene Mulvaney, of Toms River, NJSBA Member

ADMINISTRATIVE LAW JUDGE
Edward Delanoy, of Toms River

The following nominations were reported by the Senate Judiciary Committee on Dec. 8:

JUDGE OF THE SUPERIOR COURT
Miguel de la Carrera, of Clifton
Harry Carroll, of Washington Township, NJSBA Member
Alfonse Cifelli, of West Caldwell
Claude Coleman, of Newark, NJSBA Member
Robert Contillo, of Haworth
John Coyle, of Stewartsville, NJSBA Member
Thomas Critchley, of Madison
John Dangler, of Morris Plains
William DeLorenzo, of Upper Saddle River, NJSBA Member
Richard Donohue, of Hillsdale
Paul Kapalko, of West Long Branch, NJSBA Member
Fred Kumpf, of Bridgewater
Lois Lipton, of Edgewater
Brian Martinotti, of Cliffside Park, NJSBA Member
Jean McMaster, of Pitman
E. David Millard, of Toms River, NJSBA Member
Edward O'Connor, of Bayonne, NJSBA Member
Darlene Pereksta, of Lavallette
Michael Ravin, of Verona, NJSBA Member
James Rothschild, of Short Hills, NJSBA Member
Stephen Rubin, of Flemington, NJSBA Member

CASINO REINVESTMENT DEVELOPMENT AUTHORITY
Michael R. Decotiis, of River Vale, NJSBA Member

HORIZON BLUE CROSS & BLUE SHIELD INC. OF NEW JERSEY - BOARD OF DIRECTORS
Robert J. Martin, of Morris Plains, NJSBA Member

The following nominations advice and consent by the Senate on Dec. 15:

JUDGE OF THE SUPERIOR COURT
Miguel de la Carrera, of Clifton
Harry Carroll, of Washington Township, NJSBA Member
Alfonse Cifelli, of West Caldwell
Claude Coleman, of Newark, NJSBA Member
Robert Contillo, of Haworth
John Coyle, of Stewartsville, NJSBA Member
Thomas Critchley, of Madison
John Dangler, of Morris Plains
William DeLorenzo, of Upper Saddle River, NJSBA Member
Richard Donohue, of Hillsdale
Paul Kapalko, of West Long Branch, NJSBA Member
Fred Kumpf, of Bridgewater
Lois Lipton, of Edgewater
Brian Martinotti, of Cliffside Park, NJSBA Member
Jean McMaster, of Pitman
E. David Millard, of Toms River, NJSBA Member
Edward O'Connor, of Bayonne, NJSBA Member
Darlene Pereksta, of Lavallette
Michael Ravin, of Verona, NJSBA Member
James Rothschild, of Short Hills, NJSBA Member
Stephen Rubin, of Flemington, NJSBA Member

CASINO REINVESTMENT DEVELOPMENT AUTHORITY
Michael R. Decotiis, of River Vale, NJSBA Member

HORIZON BLUE CROSS AND BLUE SHIELD INC. OF NEW JERSEY - BOARD OF DIRECTORS
Robert J. Martin, of Morris Plains, NJSBA Member

NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION
Patrick V. Colligan, of Milltown, NJSBA Member

The following nominations reported by the Senate Judiciary Committee on Dec. 15:

JUDGE OF THE SUPERIOR COURT
Rochelle Gizinski, of Brick, NJSBA Member
James Palmer, of Jackson
Joseph Rosa, of Wallington, NJSBA Member
Mary F. Thurber, of Franklin Lakes, NJSBA Member
Mark Troncone, of Brick

HORIZON BLUE CROSS AND BLUE SHIELD INC. OF NEW JERSEY - BOARD OF DIRECTORS
Daniel J. McCarthy, of Cranford, NJSBA Member

PALISADES INTERSTATE PARK COMMISSION
Kevin J. Collins, of Saddle River, NJSBA Member

STATE COUNCIL ON DEVELOPMENTAL DISABILITIES
David R. Tag, of Lindenwold
Joseph B. Young, of North Plainfield, NJSBA Member

WORKERS' COMPENSATION JUDGE
Dolores McNamee, of Medford
Eugene Mulvaney, of Toms River, NJSBA Member
Carmine J. Taglialatella, of Smithville, NJSBA Member

ADMINISTRATIVE LAW JUDGE
Ellen S. Bass, of Westfield
Edward Delanoy, of Toms River
Elia A. Pelios, of Somerville
Susan M. Scarola, of Old Bridge, NJSBA Member

NOTICE

The New Jersey Law Revision Commission met on Thursday December 18, 2008 at 4:30 p.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey to review the following topics:

  1. Poor -- Consideration of a draft Final Report. Representatives of the Department of Human Services may attend the meeting and make comments on the draft.

     

  2. Construction Lien Law -- Consideration of a revised draft Tentative Report on Construction Lien Law.

     

  3. Title 1 -- Consideration of a draft Final Report. The report incorporates suggestions made by the Office of Legislative Services.

     

  4. Uniform Trade Secrets Act -- Consideration of a draft Final Report. No comments were received in response to the Tentative Report

     

  5. Uniform Child Abduction Prevention Act -- Consideration of a draft Final Report reflecting the Commission's decision at the November meeting.

     

  6. Pejorative Terms -- Consideration of a draft Final Report. No comments were received in response to the Tentative Report.

All of the report documents for the Commission Meeting Agenda are available online at www.njlrc.org

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

Valerie L. Brown is legislative counsel, and Tamika Wilson is a legislative associate of the New Jersey State Bar Association.