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

Capitol Report

October 5, 2009

By Tamika Wilson

This is a status report on proposed and adopted regulations and public notices of interest to lawyers. It is compiled by the government affairs department of the New Jersey State Bar Association.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of November 20, unless otherwise noted:

ANIMAL LAW

N.J.A.C. 13:70-14A.17 Provides changes to Department of Law and Public Safety, New Jersey Racing Commission, rules regarding the administration of anabolic steroids in horse racing.

N.J.A.C. 13:71-23.16 Provides changes to Department of Law and Public Safety, New Jersey Racing Commission, rules regarding the administration of anabolic steroids in harness racing.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:33H Provides changes to Department of Health and Senior Services rules regarding certificate of need: policy manual for long-term care services.

N.J.A.C. 8:61-1.1; 8:61-4 Provides changes to Department of Health and Senior Services rules regarding testing of pregnant women and newborns for human immunodeficiency virus (HIV).

N.J.A.C. 10:155 Provides changes to Department of Human Services rules regarding the Catastrophic Illness in Children Relief Fund program.

INSURANCE LAW

N.J.A.C. 11:1-2A.1 and 45.1; 11:3-18.1 Provides changes to Department of Banking and Insurance rules regarding rate filing review procedures for personal line casualty insurance.

N.J.A.C. 11:2-26.1 through 26.6 and 26.9 through 26.14; 11:2-26.14, 26.15 and 26.16 Provides changes to Department of Banking and Insurance rules regarding annual audited financial reports.

N.J.A.C. 11:4-40.4, 40.5 and 40A.4; 11:4-40 Appendix Provides changes to Department of Banking and Insurance rules regarding life, health, and annuity forms.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:23 Provides changes to Department of Labor and Workforce Development rules regarding the Workforce Development Partnership Program.

TAXATION

N.J.A.C. 18:7 Provides changes to Division of Taxation rules regarding corporation business tax.

N.J.A.C. 18:26-11.21 Provides changes to Division of Taxation rules regarding transfer inheritance and estate tax, and tax escrow held by a title company.

WOMEN IN THE PROFESSION

N.J.A.C. 5:61 Provides changes to Department of Community Affairs, Division of Women, rules regarding the Address Confidentiality Program.

The following rules were recently adopted:

ENVIRONMENTAL PROTECTION

N.J.A.C. 7:26B Readopts Department of Environmental Protection rules regarding the Industrial Site Recovery Act.

N.J.A.C 7:28 Provides notice of agreement between the state of New Jersey and the U.S. Nuclear Regulatory Commission regarding radiation protection programs.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:20-1; 8:20-1.3 and 2 Adopts new rules and amendments to Department of Health and Senior Services rules regarding birth defects registry.

N.J.A.C. 8:43G-12A; 8:43E-3.4 and 8:43G-36.3 Adopts new rules and amendments to Department of Health and Senior Services rules regarding hospital licensing standards, emergency care for sexual assault victims, satellite emergency departments, general licensure procedures and standards, and enforcement remedies.

INSURANCE LAW

N.J.A.C. 11:21-11, 13, 15, 20 and 21; 11:21 Appendix Exhibit BB, Parts 3, 4, and 5; 11:21-7A, 9, 16 and 19; 11:21 Appendix Exhibits FF and GG Provides changes to Department of Banking and Insurance rules regarding the Small Employer Health Benefit Program.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 10:90-2.2 through 2.10, 2.17 and 2.18 Adopts amendments to Department of Human Services rules for the Work First New Jersey Program.

N.J.A.C. 12:55-2.1 Adopts amendments to Department of Labor and Workforce Development rules regarding wage payments and payroll deductions.

N.J.A.C. 12:60-1.4 Provides notice of administrative changes to Department of Labor and Workforce Development regarding prevailing wage for public works.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:30-8.8 Adopts new Division of Local Government Services, Local Finance Board rules regarding reporting requirements for long-term tax exemption projects.

N.J.A.C. 5:85-1.4, 1.7 and 7; 5:85-7.12; 5:85-7.9 as 7.6; and 5:85-7 Appendix Provides changes to state planning rules for the State Planning Commission.

REAL PROPERTY, TRUST AND ESTATE LAW

N.J.A.C. 11:5; 11:5-3.3 Provides changes to Department of Banking and Insurance rules regarding the Real Estate Commission.

SCHOOL LAW

N.J.A.C. 6:30-1.4 Readopts amendments to State Board of Education rules regarding adult education fees.

TAXATION

N.J.A.C.18:2-10 Adopts new Division of Taxation rules regarding general policies and procedures and tax clearance for business assistance and incentives.

Public Notices

CRIMINAL LAW

Take notice that the Juvenile Justice Commission has announced the availability of funds for the FFY09 Juvenile Accountability Block Grant (JABG) Program for municipalities pre-determined by the federal government to plan and implement community-based sanctions and services for juveniles adjudicated or charged as delinquent, and delinquency programs. Applications have been mailed to eligible municipalities: Camden, Irvington, Jersey City, Newark, Paterson, and Trenton. For more information call 609-341-5354.

ENVIRONMENTAL PROTECTION

Take notice that the Department of Environmental Protection has announced an opportunity for public comment on a draft presumptive maximum achievable control technology (MACT) for industrial, commercial and institutional boilers and process heaters/indirect heat exchangers (ICI boilers) located at a major source of hazardous air pollutants (HAPs). This public notice is available online at http://www.state.nj.us/dep/aqpp/publicnotices.htm. For more information call 609-292-9202.

INSURANCE LAW

Take notice that the Department of Banking and Insurance has announced a public hearing to discuss life/health/annuity forms certification eligibility for Wednesday, Nov. 18 at 10:30 a.m. at the Department of Banking and Insurance, Mary G. Roebling Building, Room 223, 20 West State St., Trenton, New Jersey. Interested parties intending to speak can email legregs@dobi.state.nj.us no later than Nov. 17.