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

Capitol Report

March 30, 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.

EXECUTIVE ORDERS

Executive Order No. 131 (2009) Orders executive branch departments, agencies, boards, commissions, and any and all other bodies of the state's executive branch, including but not limited to the Department of Community Affairs (DCA), the Department of Environmental Protection (DEP), the Department of the Public Advocate, the Department of Health and Senior Services (DHSS), and the Department of Law and Public Safety (DL&PS), which are involved in decisions that affect environmental quality and public health to provide appropriate opportunities for all persons, regardless of race, ethnicity, color, religion, income, or education level to participate in decision making.

REGULATORY MATTERS

Below please find proposed regulations with a deadline for comment of May 1, unless otherwise noted:

CRIMINAL LAW

A-3816 (Buono) Establishes the New Jersey Residential Mortgage Lending Act; concerns certain licensed mortgage and consumer lending practices, supervision and enforcement.
On March 16, A-3816 was substituted for S-470, passed in Senate (36-0) and was sent to governor.

Elder and Disability Law

N.J.A.C. 10:77A Provides changes to Division of Medical Assistance and Health Services rules regarding adult mental rehabilitation services provided in and by community residence programs.

Health and Hospital Law

N.J.A.C. 10:79 Provides changes to Division of Medical Assistance and Health Services rules regarding the children's program for NJ FamilyCare.

Insurance Law

N.J.A.C. 11:4-23 Appendix Exhibit D; 11:4-23.3, 23.6, 23.7, 23.8 and 23.15; 11:4-23.8A and 23.24 Provides changes to Department of Banking and Insurance, Division of Insurance, rules regarding minimum standards for Medicare supplement coverage.

Land Use

N.J.A.C. 5:21-3.7 and 3.8; 5:21-3.5, 4.19, 5.12, and 8.1 Provides changes to Department of Community Affairs rules regarding residential site improvement standards, including general provisions, exceptions, streets, water supply, storm water management and reference standards.

N.J.A.C. 5:120 Provides changes to Urban Enterprise Zone Authority rules regarding the Urban Enterprise Zone Program and business certification.

N.J.A.C. 5:121 Provides changes to Urban Enterprise Zone Authority policies.

Public Utilities

N.J.A.C. 14:7-1.4, 1.8, 1.9, 1.11, 1.12, 1.14, 1.20, 1.24, 1.25, and 2.3; 14:7-1.9 Provides changes to Board of Public Utilities rules regarding natural gas pipelines.

Taxation

N.J.A.C. 5:80-33.2, 33.4 through 33.13, 33.15, 33.16, 33.17, 33.21, 33.24, 33.30, 33.31, 33.32, 33.36, and 33.37 Provides changes to New Jersey Housing and Mortgage Finance Agency rules regarding the Low-Income Housing Tax Credit Qualified Allocation Plan.

N.J.A.C. 18:12A Provides changes to Division of Taxation rules regarding county boards of taxation law.

Below please find proposed regulations with a deadline for comment of May 15, unless otherwise noted:

Consumer Protection

N.J.A.C. 1:13A Provides changes to Division of Consumer Affairs rules for Lemon Law hearings.

N.J.A.C. 13:39A-8.1 and 8.5 Provides changes to Division of Consumer Affairs rules regarding the use of professional credentials and certifications in advertising and solicitation practices.

N.J.A.C. 13:43-5.10 Provides changes to Division of Consumer Affairs, State Board of Court Reporting rules concerning the circumstances when a certified court reporter or a temporary registered court reporter remains on the record or goes off the record.

Environmental Law

N.J.A.C. 7:9-2.1 and 4.1; 7:10-5.1 through 5.5 and 12:30; 7:18-5.6 and 9.4 Provides changes to Department of Environmental Protection Rules regarding Private Well Testing Act and Safe Drinking Water Act rules, regulations governing the certification of laboratories and environmental measurements, and maximum contaminant levels (MCL).

Higher Education

N.J.A.C. 9A:9-10.6, 10.9, 10.11, 11.1, 11.2, 11.4, 11.5, 11.7 and 11.8; 9A:9-10.3, 10.4 and 10.5; 9A:9-10.2 Provides changes to Higher Education Student Assistance Authority rules regarding grant and scholarship programs, specifically the New Jersey Student Tuition Assistant Rewards Scholarships (NJ STARS) Program and New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program.

Health and Hospital Law

N.J.A.C. 11:21-11, 13, 15, 20 and 21 Appendix Exhibit BB, Parts 3-5; 11:21-7A, 9, 16 and 19; 11:21 Appendix Exhibits FF and GG Provides changes to Department of Banking and Insurance, Division of Insurance rules regarding the Small Employer Health Benefits Program.

Labor and Employment Law

N.J.A.C. 12:60-4.2 Provides changes to Department of Labor and Workforce Development rules regarding the prevailing wage for public works.

Taxation

N.J.A.C. 18:5 Provides changes to Division of Taxation rules regarding the Cigarette Tax Act.

RULE ADOPTIONS

The following rules were recently adopted:

Business law

N.J.A.C. 19:31-5 and 6 Provides special adoption and concurrent new rules for the New Jersey Economic Development Authority regarding assistance programs, specifically the InvestNJ Business Grant Program and Main Street Business Assistance Program.

Construction Law

N.J.A.C. 5:10-1.12 Adopts amendments to Division of Codes and Standards rules for hotels and multiple dwellings.

N.J.A.C. 5:14A-2.8; 5:17-2.3 and 2.4, 5:19-2.3 and 2.4; 5:23-4.19, 4.20, 5.21, 5.22, 8.9, 8.10, 8.11, 12.5 and 12.6; and 5:26-2.3 and 2.4 Adopts amendments to Division of Codes and Standards rules for department fees and carnival amusement rides, lead hazard abatement, continuing care retirement communities, the Uniform Construction Code and planned real estate development.

Criminal Law

N.J.A.C. 10A:4-8.3; 10A:10-3.4 and 6.3; 10A:16-13.5; and 10A:19-2.4 and 3.2 Provides changes to Department of Corrections rules regarding the composition of the Adjustment Committee, eligibility criteria for interstate and international transfers, screening service commitment of inmates, newsworthy events, and new media presence at an execution.

Environmental Law

N.J.A.C. 2:91 Adopts new rules for the Division of Agricultural and Natural Resources regarding criteria and standards for animal waste management.

N.J.A.C. 7:1J Readopts, with amendments, Department of Environmental Protection rules regarding processing damage claims pursuant to the Spill Compensation and Control Act.

N.J.A.C. 7:31-3 Provides changes to Department of Environmental Protection rules regarding the Toxic Catastrophe Prevention Act Program.

Elder and Disability Law

N.J.A.C. 10:140 Readopts Department of Human Services, Division of Disability Services, rules regarding the Personal Assistance Services Program.

Labor and Employment Law

N.J.A.C. 12:15-1.1, 1.2, 1.6 and 2.3; 12:15-1.1A, 12:17-22 and 12:21 Provides changes to Department of Labor and Workforce Development rules regarding family leave benefits.

Land Use

Recodification of N.J.A.C. 12A:120 as 5:120 and 12A:121-1 and 2 as 5:121 to provide notice of administrative changes to Urban Enterprise Zone Authorities rules, transferring the authority from being an agency in the Department of the Treasury to an agency in the Department of Community Affairs.

Malpractice Insurance

N.J.A.C. 11:27-11 Adopts new rules for the Department of Banking and Insurance, Office of Solvency Regulation regarding medical malpractice liability insurance reporting requirements.

Public Utilities

N.J.A.C. 14:7; 14:7-1.5, 1.10, 1.12, 1.16, 1.18, through 1.23 and 1:29; 14:7-1.6, 1.24, 1.25, and 1.26; 14:71-9 and 2.4 Provides changes to Board of Public Utilities rules regarding natural gas pipelines.

N.J.A.C. 14:-4.2 and 4.3 Provides changes to Board of Public Utilities rules regarding renewable energy and energy efficiency.

PUBLIC NOTICES

Elder and Disability Law

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L.1987, c. 7), the Department of Health and Senior Services has published a notice announcing the availability of grant funding in the Directory of Department of Health and Senior Service Programs. Copies of the directory can be obtained by calling (609) 588-7448 or online at www.state.nj.us/health/mgmt/mgmt&adm.htm.

Environmental Law

N.J.A.C. 7:31-1.11A(c)6 Take notice that the Department of Environmental Protection is adjusting fees to owners and operators of stationary sources covered under the Toxic Catastrophe Prevention Act (TCPA) pursuant to N.J.A.C. 7:31-1.11A(c)6.

New Jersey Clean Air Council

Take notice that, pursuant to N.J.S.A. 26:2c-3.3(h), the New Jersey Clean Air Council will hold its annual public hearing on Wednesday, April 1, 2009, on the following topic: "Electricity Generating Alternatives for New Jersey's Future: What is the Right Mix for Improving Air Quality and Climate Change?" The hearing will take place at 9:30 a.m., on the first floor in the Public Hearing Room at the Department of Environmental Protection, 401 East State Street, Trenton, NJ. Visit www.state.nj.us/dep/cleanair or call 609-633-2007 for more information.

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.