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

Capitol Report

September 21, 2009

By Tamika Wilson

This is a status report on recently passed legislation, regulatory matters and public notices of interest to lawyers. It is compiled by the legislative department of the New Jersey State Bar Association. Following each bill number is the sponsor's name, the NJSBA position, if any, bill description and status.

New Laws

P.L.2009, c.125 (Diegnan) Establishes the Troops to College Program in the Commission on Higher Education to assist veterans in making the transition into the college classroom. On September 13, A-3360 was signed by the governor.

P.L.2009, c.126 (Milam) Designates the bridge carrying State Highway Route No. 109 over the Cape May Canal as the Cape May County Veterans Memorial Bridge. On September 13, A-3788 was signed by the governor.

P.L.2009, c.127 (Casagrande) Designates the bridge carrying State Highway Route No. 9 over Throckmorton Street in Freehold Township as the Corporal Philip A. Reynolds Memorial Bridge. On September 13, A-2484 was signed by the governor.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of November 7, unless otherwise noted:

BUSINESS LAW

N.J.A.C. 17:16-12.2 Provides changes to State Investment Council rules regarding corporate obligations, which provides diversification for the state-administered funds and the opportunity for income for such funds.

N.J.A.C. 17:16-40.2 Provides changes to State Investment Council rules regarding non-convertible preferred stocks of U.S. corporations.

CONSTRUCTION LAW

N.J.A.C. 5:23-2.20, 3.6, 3.14, 3.15, 3.17, 3.18, 3.20, 3.21, 3.22, 12.2, and 12.12 Provides changes to Division of Codes and Standards, Uniform Construction Code, rules regarding building, plumbing, fire protection, energy, mechanical, and fuel gas subcodes.

CONSUMER AFFAIRS

N.J.A.C. 13:44D-2.1, 3.1, 4.5, and 4.8 and 13:44D Appendix; 13:44D-4.5A Provides changes to Division of Consumer Affairs rules regarding license to engage in the business of public moving and/or storage, tariffs, legal liability and insurance.

CRIMINAL LAW

N.J.A.C. 10A:13-1.1, 1.2, 1.3, 2.1, 2.3, 4.1, 4.3, 5.2, and 5.4; 10A:13-3.2 Provides changes to Department of Corrections rules regarding inmate jobs and wages.

N.J.A.C. 13:51 Provides changes to Division of Criminal Justice rules regarding chemical breath testing.

ELDER AND DISABILITY LAW

N.J.A.C. 10:41A Provides changes to Department of Human Services, Division of Developmental Disabilities, rules regarding human rights committees.

N.J.A.C. 10:141 Provides changes to Department of Human Services, Division of Disability Services, rules regarding the Traumatic Brain Surgery Fund.

ENVIRONMENTAL PROTECTION

N.J.A.C. 7:7-7.30 and 7.31; 7:7-1.3, 2.1, 2.3, 4.2, and 7.2; 7:7E-3.38, 3.49, 3C.2, 7.4, 7.14, and 8.12; and 7:13-7.1, and 7.2 Provides changes to Department of Environmental Protection rules regarding coastal permit programs, coastal zone management, the Flood Hazard Area Control Act, and wind and solar energy.

HEALTH AND HOSPITAL LAW

N.J.A.C. 5:27A Provides changes to Division of Codes and Standards, Department of Community Affairs, rules regarding standards for licensure of residential healthcare facilities.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:15-1.2, 1.3, 1.4, 1.5, and 1.6 Provides changes to Department of Labor and Workforce Development rules regard income security (specifically maximum weekly benefit rates, taxable wage base under the Unemployment Compensation Law), contribution rate of governmental entities and instrumentalities, base week, and alternative earnings test.

N.J.A.C. 12:20 Provides changes to Department of Labor and Workforce Development rules for the Board of Review.

PUBLIC UTILITIES

N.J.A.C. 14:3-1.1, 3A.3, 3A.4, and 7.1 Provides changes to Board of Public Utilities rules of practice for all utilities.

N.J.A.C. 14:8-2.9 Provides changes to Board of Public Utilities rules regarding renewable portfolio standards.

SCHOOL LAW

N.J.A.C. 6A:12 Provides changes to State Board of Education rules regarding inter-district public school choice.

TAXATION

N.J.A.C. 18:24-10.4 and 25.1; 18:24-25.6 Provides changes to Division of Taxation rules regarding sales and use tax.

WORKERS' COMPENSATION

N.J.A.C. 12:35-1.6 Provides changes to Division of Workers' Compensation rules regarding 2010 maximum workers' compensation benefits rates.

The following rules were recently adopted:

CONSTRUCTION LAW

N.J.A.C. 5:23-2.23 Adopts amendments to Division of Codes and Standards, Uniform Construction Code, rules regarding certificate for backflow preventers.

CONSUMER AFFAIRS

N.J.A.C. 13:45D Readopts, with amendments, Division of Consumer Affairs do-not-call telemarketing rules.

CRIMINAL LAW

N.J.A.C. 13:79; 13:79-3.5 and 4.4 Provides changes to Division of Criminal Justice rules regarding the Safe and Secure Communities Program.

JUDICIAL ADMINISTRATION

N.J.A.C. 13:43-5.10 Adopts new Division of Consumer Affairs rules under the State Board of Court Reporting regarding on the record/off the record.

LAND USE

N.J.A.C. 7:7E-5B.3; 7:7E, Appendix 5 Provides notice of changes to Division of Land Use Regulation rules regarding acceptance of new and changed Coastal Area Facility Review Act (CAFRA) center and core boundaries, as well as administrative changes.

MALPRACTICE INSURANCE

N.J.A.C. 11:1-7.3 Adopts amendments to Department of Banking and Insurance, Division of Consumer Protection Services, regarding medical malpractice reporting requirements.

PUBLIC UTILITIES

N.J.A.C. 14:8-2.7 and 2.9 Adopts amendments to Board of Public Utilities rules regarding renewable portfolio standards.

Public Notices

CRIMINAL LAW

Take notice that the Division of Criminal Justice has announced available grant funding for the County Prosecutor's Community Justice Program to reduce crime through community collaboration. Applications have been mailed to 10 eligible county prosecutor's offices: Camden, Cape May, Cumberland, Essex, Gloucester, Mercer, Monmouth, Passaic, Salem and Sussex. Additional copies are available by calling 609-292-5939.

Take notice that the Department of Law and Public Safety has announced available funds for A Strategy for Safe Streets and Neighborhoods, a truancy reduction pilot program. This grant is available to the following participating school districts: Asbury Park, Camden, Newark, Paterson, Trenton and Vineland.

ELECTION LAW

Take notice that the Election Law Enforcement Commission (ELEC) has announced the availability of the Quarterly Report of Government Affairs Agents for the second quarter of 2009, ending June 30, 2009. The report is on file with ELEC, the Office of the Governor and the Office of Legislative Services (OLS).

ENVIRONMENTAL LAW

Take notice that the Department of Environmental Protection is seeking public comment on a draft of a revised technical manual titled Technical Manual 2002: Guideline on Air Quality Impact Analysis (TM 2002).The draft is available for review and comment online at www.state.nj.us/dep/aqpp.

Take notice that the Department of Environmental Protection has announced available grant funding for the County Environmental Health Act Program to support environmental health services undertaken by certified local health agencies. Call Deborah Pinto at 609-292-1305 for more information.

LAND USE

Take notice that pursuant to the Site Remediation Act (N.J.S.A. 58:10c-13) the Department of Environmental Protection has published guidelines with instructions for completing the temporary licensed site remediation professional license application. This notice is available online at www.nj.gov/dep/srp.

LOCAL GOVERNMENT LAW

Take notice that the Division of Local Government Services has announced its annual list of municipalities eligible for the Municipal (Urban) Aid Program for the calendar year 2009/fiscal year 2010. The notice is available online at www.state.nj.us/dea/lgs.