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

Capitol Report

February 23, 2009

By 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, the NJSBA position, if any, bill description and status.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of March 21, unless otherwise noted:

CONSUMER PROTECTION

N.J.A.C. 13:39-1.3, 2.1-9, 2A.1 and 2A.3, 3.1-5 and 8, 4.1, 4.5, 4.8, 4.14, 5.3, 5.8, 5.12, 6.2, 6.4, 7.1 and 7.9; 13:39-2.10 through 2.20, 3.1 through 3.11 Provides changes to Division of Consumer Affairs, Board of Pharmacy, rules to clarify requirements applicable to individuals applying for licensure as pharmacists and rules governing pharmacy practice.

ELDER & DISABILITY LAW

N.J.A.C. 10:46D Proposes re-adoption of Department of Human Services, Division of Developmental Disabilities, rules regarding contributions to care and maintenance requirements.

ENVIRONMENTAL LAW

N.J.A.C. 7:1G-1.1, 1.2, 3.1, and 5.3; 7:27-21.1, 21.2, 21.3 and 21.5; 7:27-21.11 and 21.12 Provides changes to Department of Environmental Protection rules regarding the Greenhouse Gas Monitoring and Reporting Program.

GENERAL PRACTICE

N.J.A.C. 19:25-6.10 Provides changes to Election Law Enforcement Commission rules regarding use of funds for legal fees. (Deadline for comment is March 23)

INSURANCE LAW

N.J.A.C. 11:2-36.8; 11:1-2.1, 2.2, 2.6 and 2A.3; 11:2-42.3 and 11.2 Appendix, Exhibit A; aa:3-4.7, 16.3, 16.6, 16A.6, 16B.4 and 18.3; and 11:4-7.3; 11:13-2.5 Provides changes to Department of Banking and Insurance rules regarding property and casualty filings.

LABOR & EMPLOYMENT LAW

N.J.A.C. 12:5 Proposes re-adoption and amendments to Department of Labor and Workforce Development rules regarding administrative and finance audits.

LOCAL GOVERNMENT LAW

N.J.A.C. 19:31-3.1 Provides changes to New Jersey Economic Development Authority rules regarding authority assistance programs and the Fund for Economic Development.

TAXATION

N.J.A.C 18:26-3A.12 and 10:12 Provides changes to Division of Taxation rules regarding transfer inheritance and estate tax refunds.

N.J.A.C. 18:35-6.1 Provides changes to Division of Taxation rules regarding gross income tax and extensions for filing New Jersey gross income tax returns.

Below please find proposed regulations with a deadline for comment of April 3, unless otherwise noted:

CONSUMER PROTECTION

N.J.A.C. 13:40A-1.2, 2.5. 2A.5, 3.6, 5.4, and 5.10 Provides changes to Division of Consumer Affairs, State Board of Real Estate Appraisers, regulatory program rules.

N.J.A.C. 13:42-10.15 Provides changes to Division of Consumer Affairs rules regarding the State Board of Psychological Examiners.

EDUCATION

N.J.A.C. 6A:28; 6A:28-7 and 7; 6A:28-8, 9 and 10 Provides notice of administration corrections and an extension of comment period for State Board of Education rules regarding the State Ethics Commission.

HEALTH & HOSPITAL LAW

N.J.A.C. 8:43G-7A Appendix; 8:43G-7A.6 Provides changes to Department of Health and Senior Services rules regarding hospital licensing standards, stroke centers, and primary stroke center continuous quality improvement.

N.J.A.C. 10:75 Proposes re-adoption of Division of Medical Assistance and Health Services and Division of Child Behavioral Health Services rules regarding psychiatric residential treatment facility services for individuals under age 21.

Rule Adoptions

The following rules were recently adopted:

BUSINESS LAW

N.J.A.C. 19:30-6.1, 6.2, 6.3, 6.6; 19:31-2.1, 2.5, 7.3 and 10.12; 19:31-4 Provides changes to New Jersey Economic Development Authority rules regarding administrative/authority assistance programs, fees on loan and guarantee products, and the Business Employment Incentive Program (BEIP).

CONSTRUCTION LAW

N.J.A.C. 5:23-2.15 Provides changes to Department of Community Affairs, Division of Codes and Standards, rules regarding mirror images and abandoned plans under the Uniform Construction Code.

N.J.A.C. 5:23-2.18, 3.5, 3.14, 3.15, 3.18, 3.21, 4.20, and 5.20 Adopts amendments to Department of Community Affairs, Division of Codes and Standards, rules regarding inspections, plumbing, energy, one- and two-family dwelling subcodes and fees under the Uniform Construction Code.

N.J.A.C. 5:23-3.2, 3.4 and 7.15 Adopts amendments to Department of Community Affairs, Division of Codes and Standards, rules regarding matters covered, responsibilities and enforcement under the Uniform Construction Code.

N.J.A.C. 5:70-3.2 Provides notice of administrative corrections to Department of Community Affairs, Division of Fire Safety, rules regarding the Uniform Fire Code and State Fire Prevention Code modification.

CRIMINAL LAW

N.J.A.C. 10A:19-2.7 Repeals Department of Corrections rules regarding division monthly and annual reports.

ENVIRONMENTAL LAW

N.J.A.C. 7:26A; 7:26-1.4 and 5.4; 7:26 A-4.3; 7:26A-1.7, 8.3, 8.4, and 9 -12 Provides changes to Department of Environmental Protection rules regarding environmental regulation and the Solid and Hazardous Waste Management Program.

HEALTH & HOSPITAL LAW

N.J.A.C. 11:20-1.2, 2, 3, 8.4, 8.5, 9, 12, 17.4, 22.5, 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 11:20 Appendix H; 11:20-3.2, 6, 7, 18, 22.4 and 11:20 Appendix exhibits E and J Provides changes to the New Jersey Individual Health Coverage Program.

INSURANCE LAW

N.J.A.C. 11:2-39.4 Adopts amendments to Department of Banking and Insurance rules regarding an increase in capital and surplus requirements for insurers and health maintenance organizations.

JUDICIAL ADMINISTRATION

N.J.A.C. 17:10 Readopts Division of Pension and Benefits rules regarding the judicial retirement system.

LABOR & EMPLOYMENT LAW

N.J.A.C. 12:16-4.1 and 4.2; 12:16-1A.1 and 4.11 Provides notice of administrative correction for Department of Labor and Workforce Development, Division of Employer Accounts, rules regarding contributions, records and reports for family leave insurance benefits.

LOCAL GOVERNMENT LAW

N.J.A.C. 2:76-23.6 Adopts amendments to State Agriculture Development Committee rules regarding personal wireless service facilities.

N.J.A.C. 4A:8 Readopts, with amendments, Civil Service Commission rules regarding layoffs.

N.J.A.C. 5:14A-2.4, 2.5, 2.6, 2.7, and 2.10; 5:14A-4.15 and 5.18 Provides changes to Department of Community Affairs, Division of Codes and Standards, rules regarding carnival-amusement rides and place of business.

SCHOOL LAW

N.J.A.C. 6A:30-31, 3.2, 3.3, 4.1, 5.5, 6.5, 6.8, 8.2, and 6A:30 Appendix; 6A:30-10 Provides changes to State Board of Education rules regarding performance evaluations of school districts.

Special Adoptions

The following rules were recently adopted:

SCHOOL LAW

N.J.A.C. 6A:23A-1.1, 1.2, 3.1, 5.2, 5.7-9, 6.1, 6.2, 6.9, 6.10, 9.1-3; 6A:23A-2, 3.2, 3.3, 3.4, 4, 7, 8, and 10 through 15 The commissioner of education promulgated amendments and new rules to assure the financial accountability of local public school districts through enhanced state monitoring, oversight and authority, and to ensure that each district board of education adopts an annual budget that provides adequate resources to meet the state constitution's mandate for a thorough and efficient system of free public schools for children.

Notices

BANKING LAW

Take notice that the Department of Banking and Insurance has conducted a survey of appraisal fees charged by lenders for appraisals by third-party appraisers related to conforming, single-family primary residence first mortgage loans made by licensed lenders doing business in New Jersey. Based upon the results of its most recent survey, the department has determined that during 2007, the usual customary and reasonable fee charged by licensed lenders for such third-party appraisals ranged between $325 and $350.

Accordingly, for such appraisals performed and delivered in-house, the fee charged by the lender shall be in the range of $325 to $350. For such appraisals performed by third-party appraisers and delivered by an appraisal management company, the fee charged by the lenders shall be in the range of $325 to $350, and shall not exceed the amount charged by the appraisal management company.

NJ LAW REVISION COMMISSION

The New Jersey Law Revision Commission met on Thursday, February 19, 2009, to discuss the following topics:

  1. Poor-Consideration of a draft final report.
  2. Uniform Environmental Covenants Act-Consideration of a submission on the Uniform Environmental Covenants Act from the law firm of Terris, Pravlik & Millian, LLP.
  3. Landlord Tenant Project-Consideration of a partial draft revising the law on tenants' security deposits and a memorandum highlighting changes from current law.
  4. Title 9 Children-Consideration of a draft tentative report revising the chapter on parentage.
  5. Annual Report-Draft of Annual Report 2008.

Documents related to this agenda can be obtained online at www.lawrev.state.nj.us.

NJSBA's ADVOCACY TOWN HALL MEETING RESCHEDULED FOR MARCH 4, 2009

The Advocacy Town Hall Meeting will offer NJSBA members and legislators an opportunity to discuss and debate issues, while also helping to develop new and creative ways for the association to advocate on behalf of its membership.

The event has been rescheduled to take place as follows:

Wednesday, March 4, 2009
The War Memorial, George Washington Ballroom
1 Memorial Drive
Trenton, NJ
9 a.m.-1 p.m.

The NJSBA Advocacy Town Hall Meeting is open to all NJSBA section and committee chairs and legislative coordinators; members of the NJSBA Legislative Committee, Board of Trustees and Executive Committee; all specialty bar association presidents; all county bar association presidents, president-elects, and executive directors; and county bar association legislative chairs. Also invited are the legislative leadership of both Houses, all lawyer legislators, the chairs of key legislative committees, executive director and chief counsel of the Senate and Assembly Majority and Senate and Assembly Republican Office, the governor and governor's chief counsel and assistant counsels.

Registration for this event is available online at www.njsba.com. For questions regarding this event contact twilson@njsba.com.