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

Capitol Report

January 12, 2009

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. 126 Establishes, in the Department of Community Affairs, the Interagency Council on Preventing and Reducing Homelessness.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of February 13, unless otherwise noted:

ADMINISTRATIVE LAW

N.J.A.C. 1:30-4.2 and 4.3 Provides changes to Office of Administrative Law (OAL) rules for agency rulemaking, petitions for rulemaking, and agency response/failure to respond to petitions.

CONSUMER PROTECTION

N.J.A.C. 13:45F-3; 13:45F-1.1, 1.2, 1.3, and 5.2 Provides notice of pre-proposal for Division of Consumer Affairs rules regarding identity theft, written security programs and violations.

INSURANCE LAW

N.J.A.C. 11:20-1.2, 2, 3, 8.4, 8.5, 9, 12, 17.4, 22.6, 24 and 11:20 Appendix Exhibits A, B, C, F, G, K, and L; 11:20-3.6, 3.7, 24.6, 24.7, and Appendix Exhibit H; 11:20-3.2, 6, 7, 18, 22.4, and 11:20 Appendix Exhibits E and J Provides changes to Department of Banking and Insurance rules regarding the New Jersey Individual Health Coverage Program.

N.J.A.C. 11:22-5.1 through 5.9; 11:22-5.5 and 5.6 Provides changes to Department of Banking and Insurance, Division of Insurance, rules regarding minimum requirements for health benefit plans, prescription drug plans, and dental plans.

N.J.A.C. 11:24C-2.9; 11:24C-2.14 and 3.9 Provides changes to Department of Banking and Insurance, Division of Insurance, rules regarding managed care plans.

MUNICIPAL COURT PRACTICE

N.J.A.C. 19:9-1.6 Provides changes to New Jersey Turnpike Authority rules regarding parking, standing or stopping on roadways.

PUBLIC UTILITIES

N.J.A.C. 14:2-1.2. 3.1, 6.1 and 6.2; 14:2-6.4; 14:2-6.2 and 6.5 through 6:10 Provides changes to Board of Public Utilities rules regarding a one-call damage prevention system for underground facilities.

TAXATION

N.J.A.C. 18:14-2.3, 2.5, 2.9 and 3.3 Provides changes to Division of Taxation rules regarding the senior citizens, disabled persons and surviving spouses/civil union partners deduction.

Below please find proposed regulations with a deadline for comment of March 6, unless otherwise noted:

ADMINISTRATIVE LAW

N.J.A.C. 1:1-15.4, 18.3 and 20.2 Provides changes to Office of Administrative Law (OAL) rules regarding uniform administrative procedures and evidence rules.

BANKING LAW

N.J.A.C. 3:32-1.10 Provides changes to Department of Banking and Insurance, Division of Banking, rules regarding conversions of associations.

CRIMINAL LAW

N.J.A.C. 13:1 Provides changes to Department of Law and Public Safety rules regarding the Police Training Commission.

N.J.A.C. 13:80A Provides changes to Division of Criminal Justice rules regarding the Body Armor Replacement Fund program.

ELDER & DISABILITY LAW

N.J.A.C. 8:39-1.2; 8:39-41 and 8:39 Appendix G Provides changes to Department of Health and Senior Services rules regarding standards for licensure of long-term care facilities, mandatory staff posting and reporting standards, and general provisions.

GENERAL PRACTICE

N.J.A.C. 17:9-1.9; 17:9-5.9 Provides changes to Division of Pensions and Benefits rules regarding the State Health Benefits Program.

HEALTH & HOSPITAL LAW

N.J.A.C. 8:43D Appendices A and B Provides changes to Department of Health and Senior Services rules regarding standards for licensure of Pediatric Community Transitional Homes.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:11 Provides changes to Department of Community Affairs, Division of Codes and Standards, rules regarding relocation assistance and eviction.

N.J.A.C. 5:14A-14.6 and 14.7 Provides changes to Department of Community Affairs, Division of Codes and Standards, rules regarding carnival and amusement rides.

N.J.A.C. 10:3 Provides changes to Department of Human Services, Office of Administration and Office of Contract Policy and Management, rules regarding contract administration.

SCHOOL LAW

N.J.A.C. 6A:28-6 and 7; 6A:28-8, 9 and 10 Provides changes to State Board of Education rules for the School Ethics Commission.

INSURANCE LAW

N.J.A.C. 11:4-43.2 and 43.6 Provides changes to Department of Banking and Insurance, Division of Life and Health, rules regarding individual annuity contract for standards, definitions, and waiver of surrender charges.

N.J.A.C. 11:20-3A, 6, 7, and 18; 11:20 Appendix Exhibits E and J Provides changes to Department of Banking and Insurance, Division of Life and Health, rules regarding the New Jersey Individual Health Coverage Program (IHC) concerning policy forms, carriers' informational rate filing requirements and withdrawals of carriers from the individual market and withdrawal plan, plan option or deductible/copayment option.

LABOR & EMPLOYMENT

N.J.A.C. 12:3 Provides changes to Department of Labor and Workforce Development, Administration and Finance, rules regarding contracts.

PUBLIC UTILITY

N.J.A.C. 14:1-1.6A Provides changes to Board of Public Utilities rules regarding rules of practice for accepting comments on proposed rules through electronic means.

TAXATION

N.J.A.C. 18:35-6.4 Provides changes to Division of Taxation rules regarding gross income tax and electronic filing methods.

The following rules were recently adopted:

ADMINISTRATIVE LAW

N.J.A.C. 1:1-12.1 Provides notice of administrative correction to uniform administrative procedure rules for when and how motions are made.

ELDER & DISABILITY LAW

N.J.A.C. 8:83-4.5 Readopts and provides changes to Department of Health and Senior Services rules regarding the Pharmaceutical Assistance to the Aged and Disabled Eligibility Manual.

N.J.A.C. 5:27A, 8:43 and 8:43E-2 and 3 Provides notice of administrative changes to Department of Health and Senior Services rules regarding standards for licensure of residential healthcare facilities.

N.J.A.C. 8:43-14.2 Provide notice of administrative correction to Department of Health and Senior Services rules regarding standards for licensure of residential healthcare facilities located with, and operated by, licensed healthcare facilities, and the rights of each resident.

FAMILY LAW

N.J.A.C. 10:84-1.6 Provides notice of administrative changes to Department of Human Services, Division of Family Development, rules regarding standard of need.

GENERAL PRACTICE

N.J.A.C 17:1-1 through 15; 17:1-1.1A, 1.13, 2.17, 5.5, 5.6, 5.8, 6.3, and 15; 17:1-2.11, 7.1, and 14.6 Provides changes to Division of Pensions and Benefits rules regarding general administration.

N.J.A.C. 17:34 Readopts Division of Revenue rules regarding the Business Support Services Bureau/Commercial Recording Bureau and publication of bulk access fee schedules.

N.J.A.C. 17:35 Readopts, with amendments, Division of Revenue rules regarding commercial recording.

INSURANCE LAW

N.J.A.C. 11:3-8.9, 8.10 and 8.11; 11:3-8.4, 8.5 and 11:3-8 Appendix; 11:3-1.1, 2.2, 2.8, 2.11, 8.2, 8.3, 8.6, 16.2, 16.3, 16B.2, 16B.3, 19A.1, 19A.3-6, 33.1, 34.2, 45.1, 45.2, 46.2, 46.4, 46.6, and 46.7; 11:16-6.2 and 6.6; 11:17A-1.2 and 1.7; 11:3-2.13, 19A.7, 35, 35A, 40, 44, and 47 Provides changes to Department of Banking and Insurance rules regarding commercial automobile insurance plans.

LABOR & EMPLOYMENT

N.J.A.C. 4A:6-1 through 5 Readopts Civil Service Commission rules regarding leaves, hours of work, and employee development.

N.J.A.C.4A:6-6 Readopts New Jersey Employee Awards Committee rules regarding the State Employee Awards Program.

N.J.A.C. 12:15-1.2, 1.3, 1.4 and 1.5 Adopts amendments to Department of Labor and Workforce Development rules regarding the 2009 maximum weekly benefit rates, 2009 taxable wage base under the Unemployment Compensation Law, 2009 contribution rate of governmental entities and instrumentalities, and the 2009 base week.

N.J.A.C. 12:16-4.1 and 4.2; 12:16-1A.1 and 4.11 Amends and adopts new Department of Labor and Workforce Development, Division of Unemployment Insurance, rules regarding contributions, records and reports for family leave insurance benefits.

N.J.A.C. 12:17-9.6 Provides changes to Department of Labor and Workforce Development, Division of Unemployment Insurance, rules regarding unemployment benefits payments.

N.J.A.C. 12:64-1.3 Adopts amendments to Department of Labor and Workforce Development, Division of Wage and Hour Compliance, rules regarding prevailing wage for building services.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:14A-2.1, 2.4, 2.5, 2.6, 2.7 and 2.10 Provides changes to Division of Codes and Standards rules regarding temporary approvals of carnival and amusement rides.

SCHOOL LAW

N.J.A.C. 6A:9 Readopts, with amendments, State Board of Education rules regarding professional licensure standards.

N.J.A.C. 19:34 and 19:34A; 19:34-1.5, 1.6, 2.2, 2.3, 4.1, 5 and 6; 19:34-3.2 Provides changes to New Jersey Schools Development Authority rules regarding preconstruction activities.

WORKERS' COMPENSATION

N.J.A.C. 12:235-1.6 Adopts amendments to Division of Workers' Compensation rules regarding 2009 maximum worker's compensation rates.

Public Notices

Notice of Availability of Funds for New Jersey Victim Assistance Grant (VAG) Program
Take notice that the Division of Criminal Justice has announced the availability of New Jersey Victim Assistance Grant (VAG) Program funds, which provide services to crime victims. For more information contact the State Office of Victim Witness Advocacy at 609-292-6766 or visit www.njvw.org.

Notice of Availability of the Quarterly Report of Government Affairs Agents for the Third Quarter of 2008, Ending Sept. 20, 2008
Take notice that the Election Law Enforcement Commission (ELEC) has announced the availability of the Quarterly Government Affairs Agents third quarter 2008 summary. A copy of the quarterly summary report is on file with the Office of the Governor, ELEC, the Office of Legislative Services and the State Library.

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.