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

Capitol Report

May 18, 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

REAL PROPERTY TRUST AND ESTATE LAW

P.L.2009, c.53 (DeAngelo) Establishes the New Jersey Residential Mortgage Lending Act; concerns certain licensed mortgage and consumer lending practices, supervision and enforcement. On May 4, A-3816 was signed by the governor.

Pending Legislation

HIGHER EDUCATION

S-2143/A-634 (Redd/Lampitt) (Under review by the NJSBA) Directs each institution of higher education to develop and coordinate a comprehensive disaster preparedness plan. On May 4, S-2143 was released from the Senate Education Committee and is awaiting vote in the Senate.

LABOR AND EMPLOYMENT LAW

S-816 (Sweeney) (NJSBA supports) Provides exclusive jurisdiction for the Public Employment Relations Commission (PERC) regarding certain unfair labor practice claims. On May 4, the bill was released from the Senate Labor Committee and is awaiting vote in the Senate.

SCHOOL LAW

S-2518/A-3002 (Girgenti/Scalera) (Under review by the NJSBA) Requires school security drills to improve emergency preparedness. On May 4, S-2518 was released from the Senate Education Committee and is awaiting vote in the Senate.

WORKERS' COMPENSATION

S-785/A-2846 (Sweeney/Greenstein) (Under review by the NJSBA) Concerns certain workers' compensation supplemental benefits. On May 4, S-785 was released from the Senate Labor Committee with amendments, was referred to the Senate Budget and Appropriations Committee, and is awaiting vote in the Senate.

Nominations

The following nominations received advice and consent by the Senate Judiciary Committee on May 4:

JUDGE OF THE SUPERIOR COURT
Glenn Berman, of East Brunswick, NJSBA member
Kenneth Domzalski, of Medford, NJSBA member
John Harrington, of Marlton, NJSBA member
Donald Kessler, of Short Hills, NJSBA member
Octavia Melendez, of Voorhees, NJSBA member
Louis Meloni, of Pennsauken, NJSBA member
Dennis Nieves, of Perth Amboy
Kimarie Rahill, of Hackettstown, NJSBA member

NEW JERSEY TURNPIKE AUTHORITY
Michael R. Dupont, of Red Bank, NJSBA member

OCEAN COUNTY BOARD OF TAXATION
Nicholas C. Montenegro, of Point Pleasant, NJSBA member
Phil G. Waxman, of Lakewood

SALEM COUNTY PROSECUTOR
John Lenahan, of Pilesgrove, NJSBA member

The following nominations were referred to the Senate Judiciary Committee on May 4:

JUDGE OF THE SUPERIOR COURT
Kenneth Domzalski, of Medford, NJSBA member

BERGEN COUNTY BOARD OF TAXATION
Gerald A. Calabrese, of Cliffside Park
Paul T. Fader, of Haworth, NJSBA member
Kevin O'Connor, of Edgewater, NJSBA member
Paul Pintel, of Fair Lawn

CAPE MAY COUNTY BOARD OF TAXATION
Elizabeth A. Barry, of Dennisville
James Cafiero, of Cape May Court House, NJSBA member
John A. McCann, of Ocean City

ESSEX COUNTY BOARD OF TAXATION
Thomas J. Gartland, of Caldwell
Everett M. Johnson, of Newark, NJSBA member

MORRIS COUNTY BOARD OF TAXATION
William Kersey, of Wharton
Marianne McConnell, of Randolph, NJSBA member
Bernard J. Tyson, of Parsippany

NEW JERSEY PUBLIC BROADCASTING AUTHORITY
Stephanie Hoopes Halpin
Roger Bruce Jacobs, of West Orange, NJSBA member
Marshall Jones, of North Brunswick
Scott A. Kobler, of Essex Fells, NJSBA member
Anisa Mehdi, of Maplewood
Phyllis Salowe-Kaye, of West Orange

NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION
Kirsten Scheurer Branigan, of Nutley, NJSBA member
Donald J. Buchanan, of Medford
Cheryl G. Fuller, of Maplewood
Matthew U. Watkins, of Medford

OCEAN COUNTY BOARD OF TAXATION
Geraldine Ambrosio, of Toms River
Peter A. Maher, of Jackson
Charles P. Tivenan, of Brick, NJSBA member

SUSSEX COUNTY PROSECUTOR
David Weaver, of Sparta, NJSBA member

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 on 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 on 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.

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.