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

Capitol Report

August 31, 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.119 (Prieto) Requires a training program for and recognizes the position of technical assistant to the construction code official. Signed by the governor on August 18. (A-1351)

LAND USE

P.L.2009, c.117 (McKeon) Establishes the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009; authorizes bonds for $400 million; appropriates $5,000. Signed by the governor on August 18. (A-390)

TAXATION LAW

P.L.2009, c.118 (Sweeney) Establishes a pilot program in Gloucester County, transferring the municipal tax assessment function to the county through appointment of a county assessor and deputy county assessors. Signed by the governor on August 18. (S-2356)

P.L.2009, c.120 (McKeon) Extends program eligibility to areas located in municipalities contiguous to those currently qualified to participate in the Neighborhood Revitalization Tax Credit Program. Signed by the governor on August 18. (A-2623)

Executive Orders

Executive Order No. 147 Enhances trade and business opportunities between New Jersey and Italy. Through this order, the New Jersey-Italy Trade Council will work with the state Office of Economic Growth and the New Jersey Economic Development Authority to promote trade, job creation, and job retention.

Executive Order No. 150 Establishes a more formal framework for exercise of the New Jersey Urban Enterprise Zones Act, P.L. 1983, c.303, as amended (the UEZ Act), which provides for the deposit of certain sales and use tax revenues in the UEZ assistance fund; for the purpose of assisting qualifying municipalities in which UEZs are designated in undertaking public improvements and economic development projects, and in upgrading eligible municipal services within designated UEZs. UEZs represent an important part of the overall job-creation and economic development plan for the state of New Jersey, and monies from the UEZ fund help offset pressure on property taxation in host municipalities.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of October 16, unless otherwise noted:

CONSUMER PROTECTION

N.J.A.C. 13:29-5.1 through 5.5, 5.7, and 5.8; 13:29-5.6 Provides changes to Division of Consumer Affairs rules regarding Peer Review Program rules for the New Jersey State Board of Accountancy.

N.J.A.C. 13:44J-2.1, 8.4 and 14.3; 13:44J-13.7 Provides changes to Division of Consumer Affairs rules regarding applications for for-profit entities that manage or operate a cemetery.

N.J.A.C. 13:44J-13.6; 13:44J-5.4A Provides changes to Division of Consumer Affairs rules regarding comingling of trust funds for building maintenance and applications to lease or license cemetery lands.

GOVERNMENT AND PUBLIC SECTOR LAWYERS

N.J.A.C. 17:2-8.3 Provides changes to Public Employees' Retirement System (PERS), Division of Pension and Benefits, rules regarding retirement benefits for prosecutors.

INSURANCE LAW

N.J.A.C. 11:17B-4 Proposes amendments to Department of Banking and Insurance rules for the New Jersey Producer Licensing Act regarding notification of producer compensation.

N.J.A.C. 11:17B-4 Provides notice of pre-proposal to Department of Banking and Insurance rules regarding notification of producer compensation (Pre-Proposal Number PPR2009-1).

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:56-3.1 Provides changes to Department of Labor and Workforce Development rules regarding minimum wage rates.

MINORITIES IN THE PROFESSION

N.J.A.C. 17:27 Provides changes to Division of Contract Compliance and Equal Employment Opportunity in Public Contracts rules regarding Equal Employment Opportunity and Affirmative Action rules.

MUNICIPAL COURT PRACTICE

N.J.A.C. 13:82 Provides changes to Motor Vehicle Commission rules regarding boating regulations.

N.J.A.C. 16:53A Provides changes to Motor Vehicle Commission rules regarding bus safety compliance oversight, enforcement, out-of-service violations and penalties.

TAXATION

N.J.A.C. 18:24-1.2 Provides changes to Division of Taxation rules regarding sales and use tax.

CONSTRUCTION LAW

N.J.A.C. 5:23-3.14 and 12.2 Provides changes to Division of Codes and Standards rules regarding the Uniform Construction Codes for elevators.

N.J.A.C. 5:23-7.2 and 7.5 Provides changes to Division of Codes and Standards regarding the barrier-free subcode and accessibility standards for residential buildings other than buildings of Group R-1.

CONSUMER PROTECTION

N.J.A.C. 13:47B; 13:47B-1.4 and 1.12 Provides changes to Division of Consumer Affairs rules regarding the Office of Weights and Measures.

ENVIRONMENTAL LAW

N.J.A.C.7:7A-16; 7:7A-16.9 provides changes to Department of Environmental Protection rules regarding Freshwater Protection Act rules enforcement.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:43G-7A.6; 8:43G-7A Appendix Provides changes to Department of Health and Senior Services rules regarding hospital licensing standards, stroke centers, and primary stroke center continuous quality improvement.

N.J.A.C. 10:44C; 10:44C Appendix Provides changes to Department of Human Services rules regarding standards for community residences for persons with head injuries.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 10:90-3.9 Provides changes to Department of Human Services rules regarding contract employment for the Work First New Jersey Program.

N.J.A.C. 10:3-3.3 Provides notice of administrative changes to Department of Human Services rules regarding contract administration.

N.J.A.C. 12:60; 12:60-4.2 Provides changes to Department of Labor and Workforce Development rules regarding prevailing wages for public works.

N.J.A.C. 17:2-2.1 Provides changes to Division of Pension and Benefits rules for the Public Employees' Retirement System (PERS) regarding Social Security coverage.

MUNICIPAL COURT PRACTICE

N.J.A.C. 13;85-1.1, 1.2, 1.3, 1.4, 2.2, 2.3, 2.4, 2.5, 3.1, 4.1, 4.2, 5.1, 5.2, 5.4, through 5.16, 5.18, 5.19, 6.1, 6.2, and 6.3; 13:85-3.3; 13:85-5.17; 13:85 Appendices A through C Provides changes to Motor Vehicle Commission rules regarding the Motorcycle Safety Education Program.

PUBLIC UTILITIES

N.J.A.C. 14:2-1.2, 3.1, 6.1, and 6.2; 14:2-6.2 and 6.5 through 6.10; 14:2-6.4 Provides changes to Board of Public Utilities rules regarding a one-call damage prevention system for underground facilities.

REAL PROPERTY TRUST AND ESTATE LAW

N.J.A.C. 13:40A1.2, 2.5, 2A.5, 3.6, 5.4, and 5.10 Provides changes to State Board of Real Estate Appraisers rules regarding temporary visiting certificates for certified general real estate appraisers and certified residential real estate appraisers, temporary visiting licenses, special course requirements, uniform standards of professional appraisal practice, and extensions.

TAXATION

N.J.A.C. 18:23 Provides changes to Division of Taxation rules regarding railroad property tax.

Public Notices

BANKING LAW

N.J.A.C. 3:5-4.3(d) provides notice of base assessments for Fiscal Year 2008 for entities or persons licensed or registered by the Division of Banking, Office of Consumer Finance.

HEALTH AND HOSPITAL LAW

Take notice that the Department of Health and Senior Services has published notice of availability of grant funds to train talented young people as cancer research scientists in New Jersey nonprofit research institutions. Policies, guidelines and procedures can be obtained at www.njccr.com.

Take notice that the Department of Health and Senior Services has published notice of availability of grant funds to support new investigators seeking to become established in New Jersey, to assist established scientists looking for new directions in cancer research, and encourage promising, novel translational epidemiologic and clinical studies. Policies, guidelines and procedures can be obtained at www.njccr.com.

Take notice that in compliance that the Department of Health and Senior Services has published notice of available grant funds to implement the New Jersey Heart Disease and Stroke Prevention Program. For more information, call Nuris Rodriguez, program manager, at 609-984-6137.

LOCAL GOVERNMENT LAW

Take notice that the U.S. Department of Justice has published notice of anticipated reimbursement funding to improve the quality and timeliness of forensic science and medical examiners services, including services provided by laboratories. The New Jersey State Police, Office of Forensic Sciences, is the Fiscal Year 2009 Paul Coverdell Forensic Science Improvement Grant program coordinator. For more information, call Pamela Smith, 2009 Coverdell sub-grant coordinator, at 732-449-0303

Take notice that the U.S. Department of Homeland Security has published notice of anticipated funding to sustain and enhance all-hazards emergency management capabilities through Emergency Management Performance Grant (EMPG) funding. For more information, contact DSG Katherine Klemp, sub-grant coordinator, at 609-882-2000, ext. 6208.

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.