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

Capitol Report

April 27, 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.

New Laws

CASINO LAW

P.L.2009, c.36 (Burzichelli) Makes various changes related to casino service industry licensing, casino service employees, testing of gaming devices, casino simulcasting, and unclaimed casino obligations. On April 8, A-3691 was signed by the governor.

LAND USE AND ENVIRONMENTAL LAW

P.L.2009 c.33 (Greenstein) Requires developers to offer solar energy systems in certain new home construction. On March 31, A-1558 was signed by the governor.

P.L.2009 c.34 (Chivukula) Authorizes the Board of Public Utilities to use Retail Margin Fund monies to provide grants for combined heat and power production, energy efficiency projects and programs promoting renewable energy and energy efficiency; makes an appropriation. On March 31, A-2507 was signed by the governor.

P.L.2009, c.35 (Lampitt) Permits the location of certain wind and solar facilities in industrial zones. On March 31, A-2550 was signed by the governor.

MUNICIPAL COURT PRACTICE

P.L.2009, c.37 (Madden) Establishes Kyleigh's Law; requires holders of special learner's permits, examination permits, and provisional driver's licenses to display certain decals. On April 15, S-2314 was signed by the governor.

P.L.2009, c.38 (Codey) Revises certain restrictions on permit holders and provisional driver's licensees; renames "provisional" license "probationary." On April 15, S-16 was signed by the governor.

P.L.2009, c.39 (Cruz-Perez) Modifies the Predatory Towing Prevention Act. On April 15, A-3812 was signed by the governor.

Reorganization Plan

Take notice that on Feb. 26, Governor Jon S. Corzine issued Reorganization Plan No. 1-2009 to reorganize the State Public Safety Interpole Communications Coordinating Council by transferring the agency and all related functions, powers and duties from the Department of Law and Public Safety to the Office of Information Technology (OIT), Department of Treasury, and combining the State Public Safety Interoperable Communications Coordinating council with the 9-1-1 Commission, which is already in the OIT, as the renamed Public Safety Communications Commission, effective April 27.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of June 5, unless otherwise noted:

FAMILY LAW

N.J.A.C. 10:126-6.22 Provides changes to Department of Children and Families, Office of Licensing, rules regarding the Manual of Requirements for Family Child Care Registration.

HEALTH AND HOSPITAL LAW

N.J.A.C. 10:52-1.14, 1.15; 10:52-4.4 and 14 Provides changes to Department of Human Services, Division of Medical Assistance and Health Services, rules regarding the Hospital Services Manual and inpatient reimbursement methodology for general acute care hospitals.

INSURANCE LAW

N.J.A.C. 11:5 and 11:5-3.3 Provides changes to Department of Banking and Insurance rules regarding the Real Estate Commission.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 10:90-3.9 Provides changes to Department of Human Services, Division of Family Development, rules regarding the Work First New Jersey Program and contract employment.

LAND USE

N.J.A.C. 7:7A-1.7, 3.6, 10.1, 10.3, and 11.1; 7:7A-3.7 Provides changes to Land Use Management, Division of Land Use Regulation, rules regarding the Freshwater Wetlands Protection Act.

N.J.A.C. 7:26B Provides changes to Department of Environmental Protection Rules regarding the Industrial Site Recovery Act.

SCHOOL LAW

N.J.A.C. 6A:8 and 6A:8 Appendix Provides changes to State Board of Education, Division of Educational Standards and Programs, rules regarding standards and assessments.

Rule Adoptions

The following rules were recently adopted:

ADMINISTRATIVE LAW

N.J.A.C. 1:1-15.4, 18.3 and 20.2 Adopts amendments to Office of Administrative Law rules regarding Uniform Administrative Procedure Rules and Evidence Rules-specifically, written initial decision and conduct of mediation.

ANIMAL LAW

N.J.A.C 2:10-1.2 Adopts amendments to Division of Animal Health rules regarding laboratory services.

ENVIRONMENTAL LAW

N.J.A.C. 7:27A-3.10 Provides notice of administrative corrections to Office of Air Quality Management rules regarding the Low Emission Vehicle Program and civil administrative penalties.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:57; 8:57-2.6, 2.11, 3.3, 5.3, 5.15 and 5.16; 8:57-1.2, 1.15; 8:57-1 Appendices A and B, 2.2, 2.3, 2.5, 2.8. 2.10; 8:57-2 Appendices A through G, 5.2. 5.7. 5.9. 5.14, 5.18; 8:57-5 Appendices A and B, 6.2, 6.3, 6.9; 8:57-6 Appendix and 8.2; 8:58-1.1, 1.2, 1.3, 1.6, 1.7; 8:58 Appendix; 8:57-1.1, 2.1, 5.4, 5.6, 5.8, 5.10, 5.11 and 5.12; 8:57-1.3, 3.1, 3.2; 8:36-18.4; 8:39-27.4; 8:43D-15.4; 8:43H-20.2 and 8:52-12.3 Provides changes to Public Health Services Branch rules regarding communicable disease.

N.J.A.C. 10:92 Readopts, with amendments, Department of Human Services rules regarding educational services of the Commission for the Blind and Visually Impaired.

HIGHER EDUCATION

N.J.A.C. 9A:4 Readopts Commission on Higher Education rules regarding community college chargebacks.

INSURANCE LAW

N.J.A.C. 11:17B-3.1 Adopts amendments to Department of Banking and Insurance, Office of Consumer Protection Services, rules regarding insurance producers standards of conduct, commissions and fees.

N.J.A.C. 11:27-12 Adopts new Department of Banking and Insurance, Office of Solvency Regulation, rules regarding medical malpractice insurance and corporate governance.

LAND USE

N.J.A.C. 7:19 Provides notice of extension of chapter expiration date for rules regarding water supply allocation permits.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:14A-1.2, 4.6, 4.7, 9.3, 9.7, 9.11, and 9.24; 5:14A-2.17 and 2.18; 5:14A-9.5 Provides changes to Division of Codes and Standards rules regarding the qualifications of those performing maintenance, repairs, erection and assembly of carnival amusement rides.

N.J.A.C. 5:23-2.18C and 3.16 Adopts amendments to Division of Codes and Standards rules regarding the electrical subcode for the Uniform Construction Code.

N.J.A.C. 5:97-2.5 Adopts amendments to New Jersey Council on Affordable Housing substantive rules for the period beginning on June 2, 2008, regarding measuring the actual growth share obligation.

N.J.A.C. 10:126-6.9 Provides notice of administrative correction for the Manual of Requirements for Family Child Care Registration regarding sick children and safety, health and program requirements for providers.

PUBLIC UTILITIES

N.J.A.C. 7:11-1.46 and 3.17 Adopts changes that repeal certain Department of Environmental Protection rules regarding the New Jersey Water Supply Authority.

TAXATION

N.J.A.C. 5:47 Readopts Department of Community Affairs, Division of Housing and Community Resources, rules regarding the neighborhood revitalization state tax credit.

Public Notices

The New Jersey Law Revision Commission met on Thursday, April 23 and discussed the following agenda:

  • Handicapped Parking-Memorandum regarding a problem with New Jersey's handicapped parking law.
  • Title 9 Children-Consideration of a draft tentative report revising the chapter on parentage.
  • Uniform Environmental Covenants Act-Consideration of a rough draft tentative report recommending amendments to the Brownfield and Contaminated Site Remediation Act to implement the main purpose of the Uniform Environmental Covenants Act.
  • Landlord Tenant-Consideration of: (i) a revised draft of the chapter on security deposits with comments; and (ii) initial drafts of the chapters on distraints and abandoned tenant property.
  • Uniform Emergency Volunteer Health Practitioners Act-Consideration of NCCUSL's Uniform Emergency Volunteer Health Practitioners Act modified for New Jersey.
  • Title 22A-Consideration of a draft final report revised in response to additional comments received.

Documents related to the above agenda can be found online at www.lawrev.state.nj.us.

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.