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

Capitol Report

August 24, 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

CONSTRUCTION LAW

P.L.2009, c.107 (Sacco) Authorizes construction of curb extensions for pedestrian safety on local roadways without Commissioner of Transportation's approval. Signed by the governor on Aug. 6. (S-1122)

ELDER & DISABILITY LAW

P.L.2009, c.115 (Roberts) Requires health benefit coverage for certain therapies related to the treatment of autism and other developmental disabilities. Signed by the governor on Aug. 13. (A-2238)

P.L.2009, c.114 (Weinberg) (NJSBA takes no position) Includes nurse midwives among medical professionals authorized to certify medical condition of individuals under "Temporary Disability Benefits Law" and "Work First New Jersey Act." Signed by the governor on Aug. 12. (S-2231)

ELECTION LAW

P.L.2009, c.110 (Cryan) Eliminates required mailing of sample ballots to inactive voters. Signed by the governor on Aug. 6. (A-3214)

ENTERTAINMENT, ARTS & SPORTS LAW

P.L.2009, c.109 (Scalera) Directs the New Jersey State Interscholastic Athletic Association to establish adapted athletic programs. Signed by the governor on Aug. 6. (A-930)

ENVIRONMENTAL LAW

P.L.2009, c.101 (Beach) Authorizes New Jersey Environmental Infrastructure Trust to expend certain sums to make loans for environmental infrastructure projects. Signed by the governor on Aug. 6. (S-2887)

P.L.2009, c.102 (Whelan) Appropriates funds to the Department of Environmental Protection for environmental infrastructure projects. Signed by the governor on Aug. 6. (S-2888)

P.L.2009, c.103 (Gordon) Makes certain changes to the New Jersey Environmental Infrastructure Trust Financing Program. Signed by the governor on Aug. 6. (S-2889)

HEALTH & HOSPITAL LAW

P.L.2009, c.113 (Rodriguez) Requires installment payments for maternity services covered by certain health benefits plans. Signed by the governor on Aug. 12. (A-2539)

P.L.2009, c.112 (Codey) Establishes involuntary commitment to outpatient treatment for person in need of involuntary commitment to treatment. Signed by the governor on Aug. 11. (S-735)

INDIVIDUAL RIGHTS

P.L.2009, c.104 (Quigley) Prohibits individuals from purchasing more than one handgun in a calendar month. Signed by the governor on Aug. 6. (A-339)

LAND USE

P.L.2009, c.93 (Madden) Appropriates $27.75 million from "2007 Farmland Preservation Fund" and "Garden State Farmland Preservation Fund" for planning incentive grants to municipalities for farmland preservation purposes. Signed by the governor on Aug. 6. (S-2712)

P.L.2009, c.94 (Beach) Appropriates $49.65 million from "2007 Farmland Preservation Fund" for farmland preservation purposes. Signed by the governor on Aug. 6. (S-2713)

P.L.2009, c.95 (Sweeney) Appropriates $6.45 million from "2007 Farmland Preservation Fund" and "Garden State Farmland Preservation Trust Fund" for grants to certain nonprofit organizations for farmland preservation purposes. Signed by the governor on Aug. 6. (S-2714)

P.L.2009, c.96 (Karrow) Appropriates $11,293,478 from various farmland preservation bond funds and "Garden State Farmland Preservation Trust Fund" for farmland preservation purposes. Signed by the governor on Aug. 6. (S-2715)

P.L.2009, c.97 (Sweeney) Appropriates $66 million from "Garden State Green Acres Preservation Trust Fund," "2007 Green Acres Fund," and "2007 Blue Acres Fund" for State acquisition of lands for recreation and conservation purposes, including Blue Acres projects. Signed by the governor on Aug. 6. (S-2767)

P.L.2009, c.98 (Codey) Appropriates $120,123,420 from various Green Acres funds for local government open space acquisition and park development projects. Signed by the governor on Aug. 6. (S-2768)

P.L.2009, c.99 (Girgenti) Appropriates $15,557,201 from various historic preservation funds to provide grants for certain historic preservation projects, and appropriates $574,805 from certain historic preservation bond funds for associated administrative expenses. Signed by the governor on Aug. 6. (S-2770)

P.L.2009, c.100 (Cunningham) Appropriates $19,919,700 from various Green Acres funds for grants to certain nonprofit entities to acquire or develop lands for recreation and conservation purposes. Signed by the governor on Aug. 6. (S-2771)

MILITARY LAW & VETERAN'S AFFAIRS

P.L.2009, c.116 (Munoz) Establishes Veterans' Oral History Foundation. Signed by the governor on Aug. 16. (A-1707)

MUNICIPAL COURT PRACTICE

P.L.2009, c.108 (Connors) Revises laws restricting operation of personal watercraft and permits local police enforcement. Signed by the governor on Aug. 6. (S-1171)

REAL PROPERTY TRUST & ESTATE LAW

P.L.2009, c.111 (Roberts) Authorizes State Treasurer to sell surplus real property in City of Trenton and Township of Ewing, Mercer County, to winning auction bidder. Signed by the governor on Aug. 6. (A-3903)

P.L.2009, c.105 (Adler) (NJSBA supports) Provides statute of limitations for residential mortgage foreclosures. Signed by the governor on Aug. 6. (S-250)

P.L.2009, c.106 (Smith) Authorizes enhancement of 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. Signed by the governor on Aug. 6. (S-702)

Regulatory Matters

Below please find proposed regulations with a deadline for comment of October 2 unless otherwise noted:

BANKING LAW

N.J.A.C. 3:7.4, 7.6, 16.1 and 16.3; 3:3-2.1; 3;15; and 3:23-2.1 and 4.1; 3:15-1.8, 2.3, 2.11, 2.12 and 2.15; 3:1-16.11 and 3:15-2.10, 2.11, 4.2, 6.8, 6.10, 6.11, 6.13, 10.3 and 11 Provides changes to Department of Banking and Insurance, Division of Banking, rules regarding miscellaneous and mortgage loans, fees and obligations; department organization for nonpublic records; residential mortgage lenders, correspondent mortgage lenders, residential mortgage brokers, qualified individual licensees, mortgage loan originators; and fees, license terms and annual reports for licensees.

ELDER & DISABILITY LAW

N.J.A.C. 8:82 Provides changes to Department of Health and Senior Services rules regarding the Statewide Respite Care Program.

N.J.A.C. 10:41 Provides changes to Division of Developmental Disabilities rules regarding records confidentiality and access to client and agency records.

HEALTH & HOSPITAL LAW

N.J.A.C. 8;45-1.3; 8:45-1.4 Provides changes to Department of Health and Senior Services rules regarding clinical laboratory services and licensure and proficiency testing fees.

SCHOOL LAW

N.J.A.C. 6A:23 as 6A:23A-16 through 22; 6A23-1, 2.3, 2.11, 2.13, 2.14, 2.15, 5.4, 5.5, 8.9.1, 9.4 and 9.5; 6A:23A-17.3, 17.5, 17.6, 22.1 and 22.6 through 22.15 Provides changes to State Board of Education rules regarding fiscal accountability, efficiency and budgeting procedures.

The following rules were recently adopted:

CRIMINAL LAW

N.J.A.C. 10A9-4.8; 10A:4-4.1 and 10A:9-2.13, 2.14, 4.6 and 4.8 Provides changes to Department of Corrections rules regarding prohibited acts; severity of offense-disciplinary 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; severity of offense-disciplinary infractions scale.

HEALTH & HOSPITAL LAW

N.J.A.C. 10:52-1.14, 1.15 and 4.1; 10:52-4.4 and 14 Provides changes to Department of Human Services rules regarding the Hospital Services Manual, inpatient reimbursement methods of General Acute Care Hospitals, and basis of payment.

N.J.A.C. 10:75 Provides changes to Department of Children and families rules regarding psychiatric residential treatment facility services for people under age 21.

INSURANCE LAW

N.J.A.C. 11:4-23 Appendix Exhibit D1; 11:4-23.3, 23.6, 23.7, 23.8 and 23.15; 11.4-23.8A and 23.24 Provides changes to Department of Banking and Insurance, rules regarding minimum standards for Medicare Supplement coverage.

LAND USE

N.J.A.C. 7:7E Provides notice of extension of the Chapter Expiration Date for Coastal Zones Managements rules.

SCHOOL LAW

N.J.A.C. 6A:4; 6A:4-5.2 as 4.4; 6A:4-2.12 as 3.1; 6A:4-5.1 Provides changes to Department of Education Rules regarding appeals.

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.