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

Capitol Report

July 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.

On the Governor's Desk

ANIMAL LAW

A-2513 (Johnson) (Under review by the NJSBA) Provides for voluntary contributions by taxpayers on gross income tax returns to the Community Food Pantry Fund and the Cat and Dog Spay/Neuter Fund. On June 25, the bill substituted for S-2430, passed in the Senate 39-0 and the Assembly (79-0), and was sent to the governor.

A-2653 (Cruz-Perez) (Under review by the NJSBA) Requires disclosure when selling certain clothing apparel containing fur. On June 25, the bill substituted for S-2472, passed in the Senate (37-1) and the Assembly (52-27), and was sent to the governor.

A-3879 (Dancer) (Under review by the NJSBA) Permits standard-bred permit holders at the Meadowlands Racetrack to decrease the annual number of race dates to no less than 141, and permit holders at Freehold Raceway to decrease dates to no less than 168, upon agreement with a representative of the horsemen's organization. On June 25, the bill passed in the Assembly (79-0) and the Senate (39-0), and was sent to the governor.

BUSINESS LAW

A-2884 (Albano) (NJSBA supports) Expands the scope of unincorporated entities permitted to merge or consolidate with domestic corporations. On June 25, the bill substituted for S-2283, passed in the Senate (38-0), and was sent to the governor.

A-2885 (Milam) (NJSBA supports) Allows officers of a corporation to grant employees and officers of the corporation shares of stock, rights or options. On June 25, the bill substituted for S-2245, passed in the Senate (37-1), and was sent to the governor.

CONSTRUCTION LAW

S-702 (Smith) (Under review by the NJSBA) Authorizes the enhancement of the State Uniform Construction Code's energy subcode based on anticipated energy savings; provides down payment assistance to certain purchasers of homes meeting enhanced energy subcode requirements. On June 25, the bill substituted for A-1629, passed in the Senate (30-7) and the Assembly (60-17), and was sent to the governor.

A-1351 (Prieto) (Under review by the NJSBA) Requires a training program for and recognizes the position of technical assistant to the construction code official. On June 18, the bill substituted for S-1437, passed in the Senate (40-0), and was sent to the governor.

A-3317 (Prieto) (Under review by the NJSBA) Revises conditions to qualify for exemptions from electrical contracting permit requirements for electrical installation, repair and maintenance work done by public employees on public property. On May 21, the bill substituted for S-2427, passed in the Senate (38-1), and was sent to the governor.

CONSUMER PROTECTION

S-454 (Buono) (Under review by the NJSBA) Expands consumer protections under New Jersey's motor vehicle lemon law. On June 25, the bill passed in the Senate (36-2) and was sent to the governor.

S-1927 (Buono) (Under review by the NJSBA) Regulates solicitation of credit cards on college campuses. On June 18, the bill substituted for A-3003, passed in the Assembly (58-18), and was sent to the governor.

A-339 (Quigley) (Under review by the NJSBA) Prohibits individuals from purchasing more than one handgun in a calendar month. On June 25, the bill passed in the Senate (21-15) and was sent to the governor.

A-2030 (Dancer) (Under review by the NJSBA) Requires pharmacists to include on the prescription drug label the name of the brand name drug and generic drug when a generic drug is dispensed. On May 21, the bill substituted for S-906, passed in the Senate (39-0), and was sent to the governor.

A-3207 (Wisniewski) (Under review by the NJSBA) Prohibits the sale and distribution of novelty lighters. On June 25, the bill substituted for S-2151, passed in the Senate (37-1) and the Assembly (69-9-1), and was sent to the governor.

CIVIL TRIAL BAR

A-3160 (Angelini) (Under review by the NJSBA) Grants immunity to certain underage persons for unlawful possession or consumption of alcoholic beverages. On June 25, the bill substituted for S-2748, passed in the Senate (38-0), and was sent to the governor.

CRIMINAL LAW

S-532 (Girgenti) (NJSBA takes no position) Bars certain sex offenders from positions in youth-serving organizations. On June 18, the bill passed in the Senate (39-0), and was sent to the governor.

A-1942 (Chivukula) (NJSBA takes no position) Requires owners and employees of international labor matching or matchmaking organizations to undergo a background check, and requires the organizations' recruits be given domestic violence information. On June 25, the bill substituted for S-1813, passed in the Senate (38-0) and the Assembly (79-0), and was sent to the governor.

A-3761 (Scalera) (Under review by the NJSBA) Authorizes the interception of wire or electronic communications of a suspected computer trespasser under certain circumstances. On June 25, the bill substituted for S-2697, passed in the Senate (38-0), and was sent to the governor.

A-3763 (Barnes) (Under review by the NJSBA) Creates the Computer Crime Prevention Fund; imposes penalties on certain offenders. On June 25, the bill substituted for S-2702, passed in the Senate (38-0), and was sent to the governor.

ELDER AND DISABILITY LAW

S-550 (Sweeney) (NJSBA takes no position) Requires certain fiduciaries to post bond, and provides for accounting to court if a beneficiary is developmentally disabled. On June 25, the bill substituted for A-1478, passed in the Assembly (79-0), and was sent to the governor.

S-2231 (Weinberg) (NJSBA takes no position) Includes nurse midwives among the medical professionals authorized to certify the medical condition of individuals under the Temporary Disability Benefits Law and the Work First New Jersey Act. On June 25, the bill substituted for A-3110, passed in the Assembly (79-0) and the Senate (39-0), and was sent to the governor.

ELECTION LAW

A-3214 (Cryan) (Under review by the NJSBA) Eliminates the required mailing of sample ballots to inactive voters. On June 25, the bill substituted for S-2794, passed in the Senate (31-7) and the Assembly (79-0), and was sent to the governor.

ENVIRONMENTAL LAW

A-3739 (Wagner) (Under review by the NJSBA) Requires confirmation of financial assistance for eligible homeowners voluntarily closing or replacing petroleum underground storage tanks, and expands eligibility for financial assistance. On May 21, the bill substituted for S-2568, passed in the Senate (38-0), and was sent to the governor.

HEALTH AND HOSPITAL LAW

S-735 (Codey) (Under review by the NJSBA) Establishes the involuntary commitment to outpatient treatment for a person in need of involuntary commitment to treatment. On June 25, the bill substituted for A-1618, passed in the Assembly (76-0-3) and the Senate (39-0), and was sent to the governor.

S-1220 (Weinberg) (Under review by the NJSBA) Renames the Primary Care Physician and Dentist Loan Redemption Program and makes various other changes to the program. On June 18, the bill substituted for A-836, passed in the Assembly (70-5-2), and was sent to the governor.

S-2471 (Vitale) (Under review by the NJSBA) Requires the Department of Health and Senior Services to report certain patient safety indicators on a hospital-by-hospital basis, and prohibits hospitals from charging for certain medical errors. On June 18, the bill passed in the Senate (39-0), and was sent to the governor.

A-267 (Vandervalk) (Under review by the NJSBA) Authorizes a parent or guardian to request the use of an individualized healthcare plan for a student with diabetes, and provides for the emergency administration of glucagon for certain students. On June 25, the bill substituted for S-2426, passed in the Senate (28-8) and the Assembly (78-0), and was sent to the governor.

A-370 (Diegnan) (NJSBA supports) Requires a facility where a patient dies to provide the medical examiner with contact information for next-of-kin so the medical examiner may obtain additional information about the death. On June 25, the bill passed in the Assembly (79-0) and was sent to the governor.

A-2038 (Gusciora) (Under review by the NJSBA) Denies public access to extinguished psychiatric liens. On June 25, the bill passed in the Senate (39-0) and the Assembly (79-0), and was sent to the governor.

A-2238 (Roberts) (Under review by the NJSBA) Requires health benefits coverage for certain therapies for the treatment of autism and other developmental disabilities. On June 25, the bill passed in the Assembly (74-5) and was sent to the governor.

A-2539 (Rodriguez) (Under review by the NJSBA) Requires installment payments for maternity services covered by certain health benefits plans. On June 25, the bill substituted for S-1125, passed in the Senate (39-0) and the Assembly (76-3), and was sent to the governor.

A-3799 (Conaway) (Under review by the NJSBA) Permits physicians to issue multiple prescriptions for a total of up to a 90-day supply of Schedule II drugs. On June 25, the bill substituted for S-2550, passed in the Senate (39-0), and was sent to the governor.

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.