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

Capitol Report

December 21, 2009

This is a status report on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers. It is compiled by the government affairs 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.

On the Governor's Desk

BUSINESS LAW

A-2754 (Egan) (Under review by the NJSBA) Establishes the Jobs, Trade and Democracy Act. On Dec. 10, the bill substituted for S-1802 (Weinberg), passed in the Senate (32-6) and was sent to the governor.

A-2879 (Diegnan) (NJSBA supports) Allows certain corporate notices to be provided via electronic transmission. On Dec. 10, the bill substituted for S-2050 (Adler), passed in the Senate (39-0) and was sent to the governor.

ELDER AND DISABILITY LAW

A-2844 (Love) (NJSBA supports) Establishes a Silver Alert System. On Dec. 10, the bill substituted for S-1844 (Cunningham), passed in the Senate (39-0) and was sent to the governor.

Pending Legislation

CRIMINAL LAW

A-2762 (Watson Coleman) (NJSBA supports) Authorizes court to waive or reduce parole ineligibility or grant probation for drug-free school zone violations under certain circumstances. On Dec. 10, the bill substituted for S-1866 (Lesniak) and passed in the Senate (24-11).

JUDICIAL ADMINISTRATION

A-3336 (Johnson) (Under review by the NJSBA) Repeals the statutory limitation on and imposes conditions for outside employment of assistant prosecutors. On Dec. 10, the bill substituted for S-2350 (Scutari) and passed in the Senate (30-3).

SJR 74/AJR 119 (Sarlo/Watson Coleman) Provides for a forfeiture by wrongdoing exception to the hearsay rule by amending the Rules of Evidence. On Dec. 10, SJR-74 was amended and is awaiting Senate vote.

WORKERS' COMPENSATION

S-2865/A-4168 (Sarlo/Schaer) (Under review by the NJSBA) Transfers management, administration and duties of "the workers' compensation security fund" to the New Jersey Property-Liability Insurance Guaranty Association. On Dec. 10, the bill was released from the Senate Labor Committee and is awaiting Senate vote.

Nominations

The following nominations received advice and consent by the Senate Judiciary Committee on Dec. 10:

JUDGE OF THE SUPERIOR COURT

William Nugent, of Northfield.

VICTIMS OF CRIME COMPENSATION REVIEW BOARD

Philip A. Ross, of Morganville, NJSBA member

Regulatory Matters

Below please find proposed regulations with a deadline for comment of Feb. 5, unless otherwise noted:

ANIMAL LAW

N.J.A.C. 2:2 Provides changes to Division of Animal Health rules regarding the Disease Control Program.

ELDER AND DISABILITY LAW

N.J.A.C. 10:37A Provides changes to Division of Mental Health Services rules regarding community residences for mentally ill adults.

ENVIRONMENTAL LAW

N.J.A.C. 7:10 Provides changes to Land Use Management rules regarding the Safe Drinking Water Act.

INSURANCE LAW

N.J.A.C. 11:17A-2.3 Provides changes to Department of Banking and Insurance rules regarding insurance producer standards of conduct in marketing and unfair trade practices, rebates, and inducements.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:48-1.2, 2.1 through 2.4, 2.6, 2.9, 2.11 through 2.14, 2.15, 3.1, 3.2, 3.3, and 3.5; 5:48-2.7, 2.8, and 3.4; 5:48-2.16, 2.17 and 2.18, 4.1 and 4.2 Provides changes to Division of Housing and Community Resources rules regarding the Lead Hazard Control Assistance Fund.

The following rules were recently adopted:

ENVIRONMENTAL LAW

N.J.A.C. 7:26B-1.5 and 4.1; 7:26C; and 7:26E-1.5, 1.7, 3.12 and 5.2; 7:14B-1.8; 7:26B-4.3 and 5.9; 7:26D-7.5; and 7:26E-1.9, 1.14 through 1.19 and 7.2; 7:1E-5.7 and 6.5; 7:1I-1.5, 2.6 and 3.3; 7:1J-1.4, 2.7, and 6.3; 7:7A-5.4 and 15.4; 7:8-5.4; 7:9C-1.1 and 1.6; 7:14A-3.1, 7.4, 7.5 and 9.10; 7:14B-1.6, 1.7, 2.4, 3.5, 3.6, 3.8, 4.2, 5.5, 5.6, 7.2, 7.4, 8.3, 8.4, 8.5, 8.7, 9 and 10.2; 7:22-3.4, 3.11, 3.17, 4.11, and 4.17; 7:26B-1.4,1.6, 1.8 through 1.11, 3.3, 3.4, 4.2, 5.1, 5.3, 5.5, 6.1 through 6.5, 6.7, 8.1, 8.2 and 8.3; 7:26D-1.1, 1.5, 7.1, 7.3, 7.4, and 7:26D Appendix 5; 7:26E-1.2, 1.3, 1.4, 1.6, 1.8, 1.11, 1.12, 1.13, 2.1, 2.2, 3.1 through 3.5, 3.7, 3.9, 3.13, 4.1, 4.2, 4.4, 4.5, 4.6, 4.8, 5.1, 6, 7.1, 8, and 7:26E Appendix H; 7:38-1.4, 2.4, 6.6, 9.2 and 9.6; and 7:45-8.5; 7:1J-6.9; 7:26B-2.2, 2.3, 3.1 and 7:26B Appendix A; 7:26D Appendix 6, and 7:26E Appendices B and F Provides changes to Department of Environmental Protection rules regarding administrative requirements for the remediation of contaminated sites.

HIGHER EDUCATION

N.J.A.C. 9A:9-7.1 and 7.4 Adopts amendments to Higher Education Student Assistance Authority rules regarding the New Jersey World Trade Center Scholarship Program.

LOCAL GOVERNMENT LAW

N.J.A.C. 5:48 Readopts Division of Housing and Community Resources rules regarding the Lead Hazard Control Assistance Fund.

TAXATION

N.J.A.C. 18:5 Adopts new Division of Taxation rules regarding the Cigarette Tax Act.

N.J.A.C. 18:6; 18:6-3.4 Provides changes to Division of Taxation rules regarding the Unfair Cigarette Sales Act.

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

Public Notices

Take notice that the Department of Banking and Insurance will hold its annual public hearing on the exportable list on Tuesday, Jan. 12, 2010, at 10 a.m. at the Department of Banking and Insurance:

Mary Roebling Building

2nd Floor Room No. 218

20 West State Street

Trenton, New Jersey, 08625

N.J.S.A. 17:22-6.43 provides that the commissioner of banking and insurance may declare eligible for export any class or classes of insurance coverage or risk for which, after a hearing, he or she determines there exists no reasonable or adequate market among authorized carriers in New Jersey. The hearing shall address any additions or deletions to the department's exportable list. Persons who wish to add items to or delete items from the current exportable list should present sufficient evidence that the conditions of procurability have changed. Persons who wish to testify at the hearing should advise the department and provide a brief summary of the subject matter of their testimony no later than Jan. 7, 2010, to:

Robert J. Melillo, Chief

Legislative and Regulatory Affairs

New Jersey Department of Banking and Insurance

20 West State Street

P.O. Box 325

Trenton, NJ 08625-0325

Persons who wish to provide written comments should submit them to the department at the same address no later than Jan. 7, 2010. Written comments may also be faxed to the department at 609-292-0896, or e-mailed to legsregs@dobi.state.nj.us.

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.