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

Capitol Report

June 15, 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

CRIMINAL LAW

S-2138/A-641 (Haines/Lampitt) (Under review by the NJSBA) Permits municipalities to enact ordinances regulating where sex offenders may reside. On June 8, A-641 was released from the Assembly Judiciary Committee with a committee substitute and is awaiting vote in the Assembly.

A-1719 (Munoz) (Under review by the NJSBA) Creates the Jessica Lunsford Act; increases sentences for sex offenders and persons who harbor them. On June 8, the bill was released from the Assembly Judiciary Committee with amendments and referred to Assembly Appropriations Committee

MUNICIPAL COURT PRACTICE

S-1926/A-3073 (Whelan/Munoz) (NJSBA opposes) Establishes Ricci's Law; clarifies the use of an ignition interlock device is mandatory for all drunk driving offenses and requires its installation during license suspension. On June 8, A-3073 was released from the Assembly Appropriations Committee and is awaiting vote in the Assembly.

FAMILY LAW

S-2530/A-3620 (Madden/Love) (Under review by the NJSBA) Denies a surviving spouse with a domestic violence restraining order or charged with the intentional killing of the decedent the right to determine the disposition of the human remains of the deceased spouse. On June 8, A-3620 was released from the Assembly Judiciary Committee and is awaiting vote in the Assembly.

A-255 (Vandervalk) (NJSBA supports) Revises the New Jersey Safe Haven Infant Protection Act. On June 8, the bill was released from the Assembly Human Services Committee with committee amendments and is awaiting vote in the Assembly.

HEALTH AND HOSPITAL LAW

S-735/A-1618 (Codey/McKeon) (Under review by the NJSBA) Establishes involuntary outpatient commitment to treatment for persons in need of involuntary commitment to treatment. On June 8, A-1618 was released from the Assembly Human Services Committee with amendments and is awaiting vote in the Assembly.

ELDER AND DISABILITY LAW

S-550/A-1478 (Sweeney/Burzichelli) (NJSBA suggested amendments adopted by the Legislature) Requires executors to post bond and provide periodic accountings to the court where a beneficiary is developmentally disabled. On June 8, A-1478 was released from the Assembly Judiciary Committee with committee amendments and is awaiting vote in the Assembly.

Elections

Below is a list of lawyer candidates and NJSBA members from the June 2009 Primary Elections. Please note, this list does not reflect individuals who won in each district; it only reflects individuals who were candidates (* denotes incumbent):

GOVERNOR
Chris Christie, Republican
Rick Merkt, Republican

GENERAL ASSEMBLY

1ST LEGISLATIVE DISTRICT: ATLANTIC (PART) - CAPE MAY - CUMBERLAND (PART) COUNTIES
Michael Donohue, Republican

2ND LEGISLATIVE DISTRICT: ATLANTIC (PART) COUNTY
Reginald Floyd, Democrat

3RD LEGISLATIVE DISTRICT: CUMBERLAND (PART) - GLOUCESTER (PART) - SALEM COUNTIES
Arthur Marchand, Republican

4TH LEGISLATIVE DISTRICT: CAMDEN (PART) - GLOUCESTER (PART) COUNTIES
Domenick DiCicco, Republican

6TH LEGISLATIVE DISTRICT: CAMDEN (PART) COUNTY
Louis Greenwald*, Democrat

7TH LEGISLATIVE DISTRICT: BURLINGTON (PART) - CAMDEN (PART) COUNTIES
Herbert Conaway*, Democrat

8TH LEGISLATIVE DISTRICT: BURLINGTON (PART) COUNTY
Dawn Addiego*, Republican

9TH LEGISLATIVE DISTRICT: ATLANTIC (PART) - BURLINGTON (PART) - OCEAN (PART) COUNTIES
Robert E. Rue, Democrat, NJSBA member
Brian Rumpf*, Republican
Richard Visotcky, Democrat

10TH LEGISLATIVE DISTRICT: MONMOUTH (PART) - OCEAN (PART) COUNTIES
Eli Eytan, Democrat, NJSBA member
James Holzapfel*, Republican, NJSBA member
Charles P. Tivenan, Democrat, NJSBA member

11TH LEGISLATIVE DISTRICT: MONMOUTH (PART) COUNTY
Richard Bolger, Democrat

12H LEGISLATIVE DISTRICT: MERCER (PART) - MONMOUTH (PART) COUNTIES
Caroline Casagrande*, Republican

14TH LEGISLATIVE DISTRICT: MERCER (PART) - MIDDLESEX (PART) COUNTIES
Linda Greenstein*, Democrat
William T. Harvey Jr., Republican, NJSBA member

15TH LEGISLATIVE DISTRICT: MERCER (PART) COUNTY
District 15 Reed Gusciora*, Democrat

18TH LEGISLATIVE DISTRICT: MIDDLESEX (PART) COUNTY
Peter J. Barnes III*, Democrat, NJSBA member
Patrick J. Diegnan Jr.*, Democrat, NJSBA member
Robert Jones, Republican

19TH LEGISLATIVE DISTRICT: MIDDLESEX (PART) COUNTY
John Wisniewski*, Democrat

20TH LEGISLATIVE DISTRICT: UNION (PART) COUNTY
Annette Quijano*, Democrat

21ST LEGISLATIVE DISTRICT: ESSEX (PART) - MORRIS (PART) - SOMERSET (PART) - UNION (part) Counties
Norman Albert, Democrat
Bruce Bergen, Democrat
Jon M. Bramnick*, Republican

23RD LEGISLATIVE DISTRICT: HUNTERDON (PART) - WARREN COUNTY
Erik Peterson, Republican
William J. Courtney, Democrat, NJSBA member

25TH LEGISLATIVE DISTRICT: MORRIS (PART) COUNTY
Michael Patrick Carroll*, Republican
Rebekah Conroy, Democrat, NJSBA member

26TH LEGISLATIVE DISTRICT: MORRIS (PART) - PASSAIC (PART) COUNTIES
Jay Webber*, Republican, NJSBA member

27TH LEGISLATIVE DISTRICT: ESSEX (PART) COUNTY
John McKeon*, Democrat, NJSBA member

29TH LEGISLATIVE DISTRICT: ESSEX (PART) - UNION (PART) COUNTIES
Fernando Linhares, Republican

31ST LEGISLATIVE DISTRICT: HUDSON (PART) COUNTY
Irene Asbury, Republican

34TH LEGISLATIVE DISTRICT: ESSEX (PART) - PASSAIC (PART) COUNTIES
David Taylor, A Better Tomorrow (Nominated by Petition)

39TH LEGISLATIVE DISTRICT: BERGEN (PART) COUNTY
John L. Shahdanian II, Democrat, NJSBA member

40TH LEGISLATIVE DISTRICT: BERGEN (PART) - ESSEX (PART) - PASSAIC (PART) COUNTIES
Scott Rumana*, Republican, NJSBA member
David Russo*, Republican, NJSBA member

Rule Adoptions

The following rules were recently adopted:

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 a 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.