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

Capitol Report

May 11, 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.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of June 19, unless otherwise noted:

CONSUMER PROTECTION

N.J.A.C. 13:47B-1.4 and 1.12 Provides changes to Division of Consumer Affairs rules for the Office of Weights and Measures.

N.J.A.C. 13:20-7.1, 7.2, 7.3, 7.4, 24.20, 26.2, 26.16, 26.17, 28.3, 28.6, 29.2, 30.2, 30.12, 30.13, 32.1, 32.2, 32.3, 32.5, 32.8, 32.16, 32.19, 32.21, 32.22, 32.45, 32.47, 32.50, 33.1 through 33.50, 33 Appendix A, 43.1, 43.2, 43.4 through 43.12, 43.14, 43.16, 43.17, 43.18, 43.21, 44.1, 44.2, 44.3, 44.6, 44.9, 44.10, 44.12, 44.13, 44.14, 44.18, 44.20, 45.1, 45.3, 45.11, 45.13, 45.14, 45.16, 46.3, 47.1, 47.2, 47.3, 47.9, 47.14, 47.15, 48.2, 48.7 and 48.9 and 13:21-15.8 and 15.12; 13:20-43.13 Provides changes to Motor Vehicle Commission rules regarding enforcement service, licensing service and vehicle inspection.

CRIMINAL LAW

N.J.A.C. 10A:9-4.8; 10A:4-4.1; 10A:9-2.13, 2.14, 4.6 and 4.8; 10A:9-4.7 Provides changes to Department of Corrections rules regarding prohibited acts, severity of offense-Disciplinary Infractions Scale, override code reference index, criteria for consideration for gang minimum custody status and full minimum custody status, criteria for consideration for gang minimum custody status only and eligibility limitations for reduced custody status.

N.J.A.C. 10A:4-4.1 and 10A:9-2.13 Provides changes to Department of Corrections rules regarding prohibited acts and severity of offense-Disciplinary Infractions Scale.

ELDER AND DISABILITY LAW

N.J.A.C. 8:83C; 8:83-4.2; 8:83C-1.8 Provides changes to Department of Health and Senior Services rules regarding provision of pharmaceutical services under the Pharmaceutical Assistance to the Aged and Disabled Program (PAAD).

ENVIRONMENTAL LAW

N.J.A.C. 7:9B; 7:7A-1.4 and 7:14A-1.2 and 13 Provides changes to Department of Environmental Protection rules regarding surface water quality standards.

N.J.A.C. 7:27-14, 15.1, 15.3, 15.5, 15.6, and 15.8; 7:27A-3.10 and 7:27B-4.1, 4.2, 4.3 4.4, 4.6, 5.1, 5.2, 5.4, 5.6, 5.7, 5.8, and 5.9; 7:27B-5.5; 7:27B-4.7 and 4.8 Provides changes to Department of Environmental Protection, Office of Air Quality Management, rules regarding motor vehicle inspection and maintenance.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:26 Provides changes to Department of Health and Senior Services rules regarding public recreational bathing.

N.J.A.C. 8:41 Provides changes to Department of Health and Senior Services rules regarding advance life support services, mobile intensive care programs, specialty care transport services, and air medical services.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 17:2-2.1 Provides changes to Division of Pensions and Benefits rules regarding the Public Employees' Retirement System and Social Security coverage.

N.J.A.C. 17:3-2.1 Provides changes to Division of Pensions and Benefits rules regarding enrollment eligibility for the Teachers' Pension and Annuity Fund.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:48 Provides changes to Department of Community Affairs, Division of Housing and Community Resources, rules regarding the Lead Hazard Control Assistance Fund.

N.J.A.C. 5:85-1.4, 1.7 and 7; 5:85-7.12; 5:85-7.9; 5:85-7 Appendix Provides changes to Department of Community Affairs rules regarding the State Planning Commission.

N.J.A.C. 5:94 Provides changes to substantive rules of the New Jersey Council on Affordable Housing for the period beginning Dec. 20, 2004.

N.J.A.C. 5:95 Provides changes to procedural rules of the New Jersey Council on Affordable Housing for the period beginning Dec. 20, 2004.

MALPRACTICE INSURANCE

N.J.A.C. 11:1-7.3 Provides changes to Department of Banking and Insurance laws regarding medical malpractice reporting requirements.

TAXATION

N.J.A.C. 18:7-20.1 Provides changes to Division of Taxation rules regarding corporate business tax for S corporations.

N.J.A.C. 18:24B Provides changes to Division of Taxation rules regarding sales and use tax.

Rule Adoptions

The following rules were recently adopted:

BUSINESS LAW

N.J.A.C. 17:13; 17:13-3.1 and 3.4 Provides changes to Department of Treasury, Division of Minority and Women Business Development, rules regarding goods and services contracts for small business.

N.J.A.C. 17:14; 17:14-3.1 and 3.4 Provides changes to Department of Treasury, Division of Minority and Women Business Development, rules regarding state construction contracts for small business.

N.J.A.C. 17:45 Adopts new Department of Treasury rules regarding the Division of Minority and Women Business Development.

N.J.A.C. 17:46; 12a:11-1.11 and 1.12 Provides changes to Department of Treasury, Division of Minority and Women Business Development, rules regarding women-owned and minority-owned businesses.

CONSUMER PROTECTION

N.J.A.C. 13:35-6.26 and 13:39-4.20 Adopts new Division of Consumer Affairs, State Board of Examiners and Board of Pharmacy, rules regarding procedures for physician-ordered or government-sponsored immunizations performed by pharmacists.

CONSTRUCTION LAW

N.J.A.C. 5:23-2.14, 2.18, 3.2, 3.14, and 3.21; 5:23-9.9 Provides changes to Division of Codes and Standards, Uniform Construction Code, rules regarding garden-type utility sheds and similar structures.

N.J.A.C. 5:23-6.1, 6.4-6.8, 6.12-6.27, 6.28-6.29, 6.31 and 6.32 Adopts amendments to Division of Codes and Standards, Uniform Construction Code, rules regarding the rehabilitation subcode.

ENVIRONMENTAL LAW

N.J.A.C. 5:18-8.1 and 5:18 Appendix B Adopts amendments to Division of Codes and Standards rules regarding annual assessments levied upon liquefied petroleum gas.

N.J.A.C. 7:27-4.1, 4.2, 8.1, 8.3, 8.20, 10.1, 10.2, 16.1-16.3, 16.7, 16.11, 16.16, 16.17, 16.22, 16.27, 19.1-19.10, 19.13, 19.15, 19.21, 19.22, 21.1 and 21.5; 7:27A-3.10; 7:27-10.5, 16 Appendix II, 19.12, 19.28, 19.29 and 19.30; 7:27-16.19; 7:27-19.27 and Appendix Provides changes to Department of Environmental Protection, Division of Air Quality, rules regarding air pollution control and prohibition of air pollution by volatile organic compounds and oxides of nitrogen.

FAMILY LAW

N.J.A.C. 10:110; 10:110-7.3; 10:87-5.7; 10:90-3.8 and 3.19 Provides changes to Department of Human Services, Division of Family Development, rules regarding the child support and paternity program.

N.J.A.C. 10:123-3.4 Provides notice of administrative changes to personal needs allowances for social services programs.

GENERAL PRACTICE

N.J.A.C. 16:40; 16:40-1.2; 16:40 Appendix Provides changes to Department of Transportation, Division of Operations, rules regarding charitable solicitation on roadways.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:32 Adopts new Department of Health and Senior Services rules regarding healthcare stabilization fund grants.

N.J.A.C. 8:25 Appendices A, B, and C Provides notice of errors found in Department of Health and Senior Services rules regarding the application process for New Jersey Youth Camp Safety Standards.

INSURANCE LAW

N.J.A.C 11:20-3A, 6, 7 and 18; 11:20 Appendix Exhibits E and J Adopts new Department of Banking and Insurance rules regarding policy forms for individual health insurance programs.

LAND USE LAW

N.J.A.C. 5:85-1.4, 1.6, 1.7 and 1.8; 5:85-7 Provides changes to State Planning Commission rules.

PUBLIC UTILITIES

N.J.A.C. 14:4-4A.2 and A.3A; 14:4-4A.4-4A.7 Provides changes to Board of Public Utilities rules regarding affiliate relations, fair competition and accounting standards, public utility holding company standards and related reporting requirements.

N.J.A.C. 14:18-16.7 Adopts amendments to Board of Public Utilities rules regarding regulations of cable television effective competition.

SCHOOL LAW

N.J.A.C. 6A:2-2.4; 6A:2-2 Appendix Provides changes to State Board of Education rules regarding organization and reporting responsibilities.

TAXATION

N.J.A.C. 18:7-3A.1 Provides notice of administrative correction to Division of Taxation rules regarding the Corporation Business Tax Act and Urban Enterprise Zones Act.

Special Adoption

The following special rules were recently adopted:

CONSTRUCTION LAW

N.J.A.C 19:36 Adopts new rules for the New Jersey School Development Authority concerning procedures for procurement of design/build contracts for school facilities projects for the School Construction Program.

TAXATION

N.J.A.C. 18:39 Adopts new Division of Taxation rules regarding tax amnesty.

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.