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

Capitol Report

February 8, 2010

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. Full and previous versions of the Capitol Report with links to related text are available online at www.njsba.com.

PENDING LEGISLATION

Animal Law

S-887/A-1277 (Ciesla/Holzapfel) (Under review by the NJSBA) Establishes animal cruelty offenses pertaining to the chaining or other restraint of animals. On Feb. 1, S-887 was introduced and referred to the Senate Economic Growth Committee.

S-906/A-768 (Cunningham/DiMaio) (Under review by the NJSBA) Requires accountability of the NJSPCA and county societies for the prevention of cruelty to animals to the attorney general and county prosecutors, respectively. On Feb. 1, S-906 was introduced and referred to the Senate Economic Growth Committee.

Banking Law

S-895 (Gill) (NJSBA supports) Eliminates the 10-day advance notification of proposed effective date of certain shareholder action. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.

S-897 (Gill) (Under review by the NJSBA) Allows the commissioner of banking and insurance to open administrative supervision proceedings to guaranty associations under certain circumstances. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.
Business law

S-914 (Gill) (NJSBA supports) Allows a professional corporation to use or register an alternate name; allows the use of certain abbreviations in certain business names. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.

Consumer Protection

S-841 (Turner) (Under review by the NJSBA) Establishes the Foreclosure Consulting and Anti-Fraud Act. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.

S-845 (Turner) (Under review by the NJSBA) Requires disclosure of certain adverse actions based on consumer credit reports. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.

S-849 (Turner) (Under review by the NJSBA) Prohibits electronic printing of certain debit card information on certain sales receipts. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.

S-899 (Gill) (NJSBA takes no position) Concerns contracts for credit card accounts with certain individuals under 21 years of age. On Feb. 1, the bill was introduced and referred to the Senate Commerce Committee.

S-908 (Gill) (Under review by the NJSBA) Prohibits cellular telephone service providers from disclosing individual proprietary information without written customer consent. On Feb. 1, the bill was introduced and referred to the Senate Economic Growth Committee.

S-930/A-685 (Weinberg/Greenstein) (Under review by the NJSBA) Establishes the Toxic-free Children's Products Act. On Feb. 1, S-930 was introduced and referred to the Senate Commerce Committee.

Criminal Law

S-873/A-290 (Connors/Rumpf) (Under review by the NJSBA) Requires local government notification of sex offender registration, and prohibits sex offenders from living near schools, child care centers or playgrounds. On Feb. 1, S-873 was introduced and referred to the Senate Law and Public Safety Committee.

S-902/A-1146 (Cunningham/Evans) (NJSBA opposes) Modifies laws concerning inmate income and complaints; requires certain correctional officer training; creates uniform identification cards for attorneys to enter state correctional facilities. On Feb. 1, S-902 bill was introduced and referred to the Senate Law and Public Safety Committee.

S-903 (Cunningham) (NJSBA supports) Establishes the Prisoners' Reentry Bill of Rights. On Feb. 1, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-905 (Cunningham) (Under review by the NJSBA) Clarifies a juvenile's right to attorney representation; requires a 12-month judicial review hearing when a juvenile is placed out-of-home. On Feb. 1, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-911/A-1512 (Girgenti/Chiappone) (NJSBA opposes) Upgrades the penalties for assaulting certain healthcare professionals and workers. On Feb. 1, S-911 was introduced and referred to the Senate Law and Public Safety Committee.

Environmental Law

S-449 (Smith) (NJSBA opposes) Requires a licensed home inspector to report an energy rating for each home inspected for a buyer in contemplation of a purchase. On Feb. 1, the bill was transferred to the Senate Environment and Energy Committee.

Government and Public Sector

S-708 (Pennacchio) (Under review by the NJSBA) Establishes the Transparency in Government Act; provides for the establishment of a state public finance website. On Feb. 1, the bill was released from the Senate State Government, Wagering, Tourism and Historic Preservation Committee with amendments and referred to the Senate Budget and Appropriations Committee.

S-839 (Turner) (Under review by the NJSBA) Concerns certain contracts to privatize state services. On Feb. 1, the bill was introduced and referred to the Senate Labor Committee.

S-862 (Weinberg) (Under review by the NJSBA) Requires a municipality to post a sign on a property that is the subject of a development application. On Feb. 1, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.
S-901 (Gill) (Under review by the NJSBA) Consolidates nonpartisan municipal election procedures in Title 19 of the Revised Statutes. On Feb. 1, the bill was introduced and referred to the Senate State Government, Wagering, Tourism and Historic Preservation Committee.

S-915 (Gill) (Under review by the NJSBA) Bars public entities and public employees from entering into confidential settlements of claims against them; provides that such settlements constitute public records. On Feb. 1, the bill was introduced and referred to the Senate Judiciary Committee.

Health and Hospital Law

S-515 (Weinberg) (Under review by the NJSBA) Permits physicians and veterinarians to earn continuing education credits by providing certain free medical or veterinary services. On Feb. 1, the bill was transferred to the Senate Commerce Committee.

Judicial Administration

S-883 (Gill) (NJSBA supports) Establishes the Administrative Law Judges Retirement System. On Feb. 1, the bill was introduced and referred to the Senate State Government, Wagering, Tourism and Historic Preservation Committee.

Military Law and Veterans' Affairs

S-925 (Van Drew) (Under review by the NJSBA) Authorizes property tax deferment for deployed military personnel. On Feb. 1, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

Municipal Court Practice

S-869/A-304 (Connors/Rumpf) (NJSBA opposes) Increases prison time for certain persons convicted of a motor vehicle offense when their license is suspended for driving under the influence. On Feb. 1, S-869 was introduced and referred to the Senate Law and Public Safety Committee.

S-870 (Connors) (Under review by the NJSBA) Permits waiving of illegal parking charges in certain cases. On Feb. 1, the bill was introduced and referred to the Senate Transportation Committee.

S-872/A-306 (Connors/Rumpf) (NJSBA opposes) Criminalizes fifth or subsequent drunk driving offenses. On Feb. 1, S-872 was introduced and referred to the Senate Law and Public Safety Committee.

S-890 (Ciesla) (Under review by the NJSBA) Authorizes the court to require persons convicted of refusing a breathalyzer for the second or subsequent time to install an ignition interlock. On Feb. 1, the bill was introduced and referred to the Senate Law and Public Safety Committee.

Real Property Trust and Estate Law

S-909 (Gill) (Under review by the NJSBA) Regulates sales of certified copies of deeds or conveyances of real estate. On Feb. 1, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

S-913 (Madden) (NJSBA opposes) Permits a tenant to be removed from leased housing due to criminal activity under certain circumstances. On Feb. 1, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

Workers' Compensation

S-935 (Sweeney) (Under review by the NJSBA) Concerns certain Workers' Compensation supplemental benefits. On Feb. 1, the bill was introduced and referred to the Senate Labor Committee.
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.