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

Capitol Report

November 16, 2009

By Tamika Wilson

This is a status report on executive orders, regulatory matters and public notices of interest to lawyers. It is compiled by the government affairs department of the New Jersey State Bar Association.

Executive Orders

EXECUTIVE ORDER NO. 155

Orders and directs the Office of the State Comptroller to monitor the procurement of contracts by New Jersey Transit and any other state agencies and independent state authorities involved in the Mass Transit Tunnel project.

EXECUTIVE ORDER NO. 157

Orders and directs the attorney general to adhere to the following requirement in generating the list of outside counsel designated to serve as special counsel to the state of New Jersey pursuant to N.J.S.A. 52:17A-13.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of Dec. 18, unless otherwise noted:

ELDER AND DISABILITY LAW

N.J.A.C. 8:83B Provides changes to Department of Health and Senior Services rules regarding hearing aid assistance to the aged and disabled.

N.J.A.C. 10:10 Provides changes to Department of Human Services rules regarding the Community Mental Health and Developmental Disability Services Investment Act.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:44-2.14 Provides changes to Department of Health and Senior Services rules regarding the operation of clinical laboratories, collection stations and patient service centers.

INSURANCE LAW

N.J.A.C. 11:17-6.3 Provides changes to Department of Banking and Insurance rules regarding producer licensing and managing general agents.

The following rules were recently adopted:

BANKING LAW

N.J.A.C. 3:25-1.1, 2.2, 2.3, 2.4, 4.1, and 4.4 Provides changes to Department of Banking and Insurance rules regarding debt adjustment and credit counseling.

CRIMINAL LAW

N.J.A.C. 10A:1-2.2 Provides changes to Department of Corrections rules regarding administration, organization and management definitions.

N.J.A.C 10A:12 Provides changes to Department of Corrections rules regarding inmate groups.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:43G-5.22 Provides changes to Department of Health and Senior Services rules regarding hospital licensing standards, administration and general hospital-wide policies, and governing body training requirements.

N.J.A.C. 8:57-3 Provides changes to Department of Health and Senior Services rules regarding New Jersey's Immunization Information System and communicable diseases.

LABOR AND EMPLOYMENT LAW

N.J.A.C. 12:45 Provides changes to Department of Labor and Workforce Development rules regarding the Division of Vocational Rehabilitation Services.

MUNICIPAL COURT PRACTICE

N.J.A.C. 13:20-7.1 through 7.4, 24.20, 26.2, 26.16, 26.17, 28.3, 28.6, 29.2, 30.2, 30.12, 30.13, 32.1 through 32.3, 32.5, 32.8, 32.16, 32.19, 32.21, 32.22, 32.45, 32.47, 32.50, 33.1 through 33.50, 33 Appendix A, 43.1, 43.2, 43.4 through 43.12, 43.14, 43.16 through 43.18, 43.21, 44.1 through 44.3, 44.6, 44.9, 44.10, 44.12 through 44.14, 44.18, 44.20, 45.1, 45.3, 45.11, 45.13, 45.14, 45.16, 46.3, 47.1 through 47.3, 47.9, 47.14, 47.15, 48.2, 48.7, 48.9, and 13:21-15.8 and 15.12; N.J.A.C. 13:20-43.13 Provides changes to Motor Vehicle Commission rules regarding enforcement service, licensing service and vehicle inspection.

PUBLIC UTILITIES

N.J.A.C. 14:2-3.1 Provides notice of administrative changes to Board of Public Utilities rules regarding the One-Call Damage Prevention System and timing for notice of intent to excavate.

Public Notices

CRIMINAL LAW

Take notice that the Division of Criminal Justice has announced the availability of grant funds for the New Jersey Victim Assistance Grant Program, which is to support the provision of services to crime victims. Applications must be completed and filed before 4 p.m. on Friday, Nov. 20, 2009. (Faxes and emails will not be accepted.) Procedures for eligible organizations to apply, and additional information, are available online at www.njvw.org.

The New Jersey Office of the Attorney General, through the Juvenile Justice Commission, is seeking proposals from community-based nonprofit organizations interested in developing a strategic plan for the creation of at least two strategic planning efforts to address concentrated intergenerational poverty and its disparate impact on poor children at the neighborhood level. Letters of interest must be submitted by Nov. 30, 2009, to the New Jersey Department of Law and Public Safety, Office of the Attorney General, Justice Complex - PO Box 080, Trenton, NJ 08625-0080, Attention: Lisa Macaluso - Prevention Officer. Applicants should submit five copies of all material to be considered. For more information contact Lisa Macaluso via email at lisa.macaluso@lps.state.nj.us or by phone 609-984-4537.

HEALTH AND HOSPITAL LAW

Take notice that the Department of Health and Senior Services has announced the availability of grant funds for Medicare Beneficiary Outreach and Assistance to implement a plan to provide direct outreach and assistance to low-income individuals likely to be eligible for Medicare's Low Income Subsidy (LIS). For more information contact Dennis McGowan, Public Awareness Coordinator via email at dennis.mcgowan@doh.state.nj.us or by phone 609-943-4055.

INSURANCE LAW

Take notice that on April 20, 2009, the Department of Banking and Insurance (Department) received a petition from the Property Casualty Insurers Association of America to amend its rules regarding automobile physical damage insurance inspection procedures to expand the circumstances under which an insurer may waive an otherwise mandatory inspection of a vehicle. The department duly considered the petition and has denied the petition. But in reviewing the legislation, the department has identified other provisions in the rule that may need to be amended. A pre-proposal will be published in a future New Jersey Register.

Take notice that the commissioner of banking and insurance has issued order No. A09-110 on Sept. 15, 2009, which provides that every member insurer of the New Jersey Property-Liability Insurance Guaranty Association that has paid an assessment to the association due Sept. 16, 2009, may impose upon policyholders a surcharge, in an amount not to exceed 0.9 percent of the net direct written premiums per annum. The order may be viewed at www.njdobi.org.

The New Jersey Law Revision Commission will meet on Thursday, November 19, 2009 at 4:30 p.m. in the commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

  1. Landlord Tenant-Consideration of: (i) a revised Draft Tentative Report on Security Deposits (ii) a revised Draft Tentative Report on Landlord Remedies (Other than Eviction) (iii) a revised Draft Tentative Report on Landlord Registrations and (iv) a first Draft Tentative Report on Relationship of Landlord and Tenant.
  2. Title 9 Children-Consideration of a Draft Tentative Report on revision of chapter 2, Custody.
  3. Uniform Emergency Volunteer Health Practitioners Act-Consideration of a Draft Report incorporating comments made by the commission at the last meeting.
  4. The Uniform Debt Management Services Act-Consideration of a new project involving a NCCUSL draft of The Uniform Debt Management Services Act.
  5. Durable Power of Attorney-Consideration of a first Draft Tentative Report on modification to revised Durable Power of Attorney Act.
  6. Property-Consideration of a memorandum proposing a new project to revise the statutory law on real property.

Material for the above agenda can be obtained online from the New Jersey Law Revision Commission's website at http://www.lawrev.state.nj.us/agenda.html.