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

Capitol Report

June 8, 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.

Pending Legislation

MUNICIPAL COURT PRACTICE

S-520/A-1718 (Sacco/Munoz) (Under review by the NJSBA) Requires drivers to make all reasonable efforts to remove ice or snow from vehicle; creates fine. On May 21, A-1718 was amended on the Assembly floor and is awaiting Assembly vote.

S-729/A-3985 (Stack/Diegnan) (NJSBA opposes) Permits municipalities to enact an ordinance requiring drivers arrested for DUI to be held in custody until no longer under the influence of alcohol or a controlled substance. On May 21, A-3985 was introduced and referred to the Assembly Law and Public Safety Committee.

S-748/A-2134 (Codey/Wisniewski) (NJSBA opposes) Requires causes of driver inattention to be noted in traffic accidents. On May 21, A-2134 passed in the Assembly (61-14-1) and was referred to the Senate Transportation Committee.

S-2439 (Bateman) (NJSBA supports) Clarifies when penalty points are to be assessed for convictions of driving in an unsafe manner. On May 21, the bill passed in the Senate (37-0) and was referred to the Assembly Law and Public Safety Committee.

S-2480/A-1329 (Kean/Stender) (NJSBA takes no position) Revises laws concerning pedestrian safety and traffic control; requires drivers to stop and remain stopped for pedestrians under certain conditions. On May 21, A-1329 passed in the Assembly (75-0-1) and was referred to the Senate Transportation Committee.

TAXATION

A-3308 (Burzichelli) (Under review by the NJSBA) Protects property taxpayers by requiring removal of certain property tax deduction and credit information from documents available for public inspection and provides for homestead property tax benefit in form of credit. On May 21, the bill was amended on Assembly floor and is awaiting Assembly vote.

CIVIL TRIAL BAR

A-3984 (DeAngelo) (Under review by the NJSBA) Broadens scope of information acarrier or other person may disclose related to insurance fraud. On May 21, A-3984 was introduced and referred to the Assembly Financial Institutions and Insurance Committee.

WORKERS' COMPENSATION

S-2495/A-3669 (Madden/Quijano) (NJSBA supports) Requires Director of Workers' Compensation to file statement of fundings and judgment with Superior Court. On May 21, A-3669 passed in the Assembly (76-0) and is awaiting Senate vote.

Nominations

The following nominations received advice and consent by the Senate Judiciary Committee on May 21:

JUDGE OF THE SUPERIOR COURT
Richard Geiger, of Millville, NJSBA member
Douglas Hurd, of Stockton, NJSBA member
Harold Johnson, of Bridgeton
Maureen Mantineo, of Guttenberg
Jessica Mayer, of East Brunswick, NJSBA member
Frederic McDaniel, of Westfield
Julio Mendez, of Vineland, NJSBA member
John Rauh, of South Seaville
Barbara Stolte, of Monroe Township, NJSBA member
Frederick Theemling, of Weehawken, NJSBA member
Daniel Waldman, of Red Bank, NJSBA member

JUDGE OF THE TAX COURT
Gail Menyuk, of Lawrenceville, NJSBA member

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

STATE PAROLE BOARD
Lloyd D. Henderson, of Lawnside, NJSBA member

MERCER COUNTY PROSECUTOR
Joseph Bocchini, of Hamilton Township

The following nominations were referred to the Senate Judiciary Committee on May 21:

ASSOCIATE JUSTICE OF THE SUPREME COURT
Barry Albin, of Warren, NJSBA member

ADMINISTRATIVE LAW JUDGE
Bruce Gorman, of Petersburg, NJSBA member
Jeff Masin, of Cherry Hill, NJSBA member
Donald Stein, of Haddon Heights

WORKERS' COMPENSATION JUDGE
J. Michael Blake, of Scotch Plains
Kenneth Kovalcik, of Wayne
Patrick Roche, of Brick, NJSBA member
Lionel Simon, of Toms River
Philip Tornetta, of Franklin Lakes

NEW JERSEY SPORTS AND EXPOSITION AUTHORITY
Joseph Buckelew, of Manasquan
George A. Castro, of Elizabeth
David Jefferson, of Warren, NJSBA member
Michael J. Neglia, of Harrington Park
Anthony Scardino, of Lyndhurst

STATE PAROLE BOARD
Mary Hunt, of Hammonton
Samuel J. Plumeri, of Hamilton
Jeffrey E. Ramsey, of Willingboro
Robert Riccardella, of Wood-Ridge

VICTIMS OF CRIME COMPENSATION REVIEW BOARD
Rita L. Carr-Volpe, of Bridgeton.
Elise D. Collins, of Boonton, NJSBA member
Philip A. Ross, of Morganville, NJSBA member
Leslie Smith, of Voorhees
Andrea L. Spencer-Linzie

Regulatory Matters

Below please find proposed regulations with a deadline for comment of July 17, unless otherwise noted:

ELDER & DISABILITY LAW

N.J.A.C. 10:37A-2.2 through 2.7, 2.10, 2.11, 6.19 and 7.2 Provides changes to Department of Human Services, Division of Mental Health, rules regarding community resources for mentally ill adults.

HEALTH & HOSPITAL LAW

N.J.A.C. 8:40 Provides changes to Department of Health and Senior Services rules regarding mobility assistance vehicle and basic life support ambulance services.

LABOR & EMPLOYMENT LAW

N.J.A.C. 12:45 Provides changes to Department of Labor and Workforce Development rules regarding Division of Vocational Rehabilitation Services.

LOCAL GOVERNMENT LAW

N.J.A.C 5:44A Provides changes to Department of Community Affairs, Division of Housing and Community Resources, rules regarding local housing authority crime reports.

PUBLIC UTILITY LAW

N.J.A.C. 14:5-9.2 and 9.6 Provides changes to Board of Public Utilities rules regarding electric service.

Rule Adoptions

The following rules were recently adopted:

ADMINISTRATIVE LAW

N.J.A.C. 1:30-4.2 and 4.3 Provides changes to Office of Administrative Law rules regarding rules for rulemaking, petitions for rulemaking and responses or failure to respond to petitions.

N.J.A.C. 1:30-5.4 Provides changes to Office of Administrative Law rules regarding rules agency for rulemaking, proposal procedures, opportunities to be heard and comment postmarking.

CONSTRUCTION LAW

N.J.A.C. 5:23-2.15 Provides changes to Division of Codes and Standards rules regarding the Uniform Construction Code, construction permit applications and plan review.

N.J.A.C. 5:23-2.23 Provides changes to Division of Codes and Standards rules regarding the Uniform Construction Code and requirements for Temporary Certificate of Occupancy.

CONSUMER PROTECTION

N.J.A.C. 13:45A-26B.1 and 26B.2; 13:45A-26B.3 and 26B.4 Provides changes to Division of Consumer Affairs rules regarding automotive sales practices.

EDUCATION

N.J.A.C. 6A:28; 6A:28-6 and 7; 6A:28-8, 9 and 10 Provides changes to State Board of Education rules regarding the School Ethics Commission.

HEALTH & HOSPITAL LAW

N.J.A.C. 8:57-1.8 Provides changes to Department of Health and Senior Services rules regarding communicable diseases.

FAMILY LAW

N.J.A.C. 13:44G-3.1, 3.2 and 12.4; 13:44G-10.11 and 13 Provides changes to Division of Community Affairs, State Board of Social Work Examiners, rules regarding authorized practice, business practice, professional conduct, client records, confidentiality, and custody/parenting time evaluations.

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.