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

Capitol Report

March 1, 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

Business Law

S-895 (Gill) (NJSBA supports) Eliminates the 10-day advance notification of the proposed effective date of certain shareholder action. On Feb. 22, the bill passed in the Senate (39-0).

Criminal Law

S-1445 (Cardinale) (Under review by the NJSBA) Provides for collection of DNA samples to assist in the prosecution of sexual assault. On Feb. 18, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-1508 (Van Drew) (NJSBA opposes) Requires inmates with sufficient means to pay their incarceration costs. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-1522 (Baroni) (Under review by the NJSBA) Provides life imprisonment without eligibility for parole for all murders. On Feb. 22, the bill was introduced and referred to the Senate Judiciary Committee.

S-1529 (Baroni) (NJSBA opposes) Prohibits persons charged with certain gun crimes from entering pretrial intervention programs. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-1537 (Rice) (Under review by the NJSBA) Clarifies that a gang-related incident offense report is to be forwarded to the superintendent of State Police for inclusion in the Uniform Crime Report. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

A-2271 (Johnson) (Under review by the NJSBA) Requires preservation of certain biological evidence. On Feb. 18, the bill was introduced and referred to the Assembly Law and Public Safety Committee. Elder and Disability Law

S-825/A-2038 (Sweeney/Fuentes) (NJSBA supports) Establishes a registry of offenders of individuals with developmental disabilities in the Department of Human Services. On Feb. 22, S-825 passed in the Senate (39-0).

Family Law

S-1531/A-2257 (Rice/Spencer) (NJSBA supports) Authorizes the court to waive the license revocation process for certain child support obligors. On Feb. 22, S-1531 was introduced and referred to the Senate Judiciary Committee.

A-1748 (Watson Coleman) (NJSBA supports) Expands the membership of the Domestic Violence Fatality and Near Fatality Review Board. On Feb. 18, the bill was released from the Assembly Human Services Committee and is awaiting vote in the Assembly.

A-2283 (DeCroce) (NJSBA supports with amendments) Requires genetic testing to determine paternity in non-dissolution cases. On Feb. 18, the bill was introduced and referred to the Assembly Judiciary Committee.

A-2292 (Ramos) (NJSBA supports) Authorizes the Office of Public Defender to provide legal representation for a child in proceedings after parental rights have been terminated. On Feb. 18, the bill was introduced and referred to the Assembly Judiciary Committee.

Gay, Lesbian, Bisexual and Transgender Rights

S-1487 (Rice) (NJSBA opposes) Authorizes the party to a final divorce judgment or judgment for the dissolution of a civil union to request a name change without notifying the opposing party. On Feb. 22, the bill was introduced and referred to the Senate Judiciary Committee.

Government and Public Sector

A-2293 (Chiappone) (Under review by the NJSBA) Exempts certain databases from public access under the Open Public Records Act under certain circumstances. On Feb. 18, the bill was introduced and referred to the Assembly Housing and Local Government Committee.

Health and Hospital Law

A-2268 (Prieto) (Under review by the NJSBA) Requires physician supervision of nurse anesthetists. On Feb. 18, the bill was introduced and referred to the Assembly Health and Senior Services Committee.

Insurance Law

S-1443 (Cardinale) (Under review by the NJSBA) Prohibits insurers offering managed care plans from denying participation in network to healthcare providers willing to meet the terms of the contract. On Feb. 18, the bill was introduced and referred to the Senate Commerce Committee.

Labor and Employment Law

S-1301 (Madden) (Under review by the NJSBA) Authorizes unemployment benefits for shared work programs. On Feb. 18, the bill was released from the Senate Labor Committee and is awaiting vote in the Senate. Military Law and Veterans' Affairs

S-1137/A-2286/A-1992 (Van Drew/Johnson/Conners) (Under review by the NJSBA) Provides for voluntary contributions by taxpayers on gross income tax returns for New Jersey National Guard members and their families in need of assistance. On Feb. 18, A-2286 was introduced and referred to the Assembly Military and Veterans' Affairs Committee.

Minorities in the Profession

S-104/A-1758 (Rice/Watson Coleman) (Under review by the NJSBA) Requires state entities to examine the opportunity of minority- and women-owned financial institutions to serve as senior managing underwriters, imposes reporting requirements, and enables establishment of aspirational levels of utilization and relative compensation. On Feb. 22, S-104 passed in the Senate (39-0).

Municipal Court Practice

S-732/A-407 (Sacco/Diegnan) (Under review by the NJSBA) Prohibits the use of wireless telephones or electronic communication devices by operators of public transit vehicles while the vehicles are moving. On Feb. 18, the bill was released from the Assembly Transportation and Public Works Committee and is awaiting vote in the Assembly.

Real Property Trust and Estate Law

S-1448 (Rice) (Under review by the NJSBA) Requires a three-day attorney review period for residential leases. On Feb. 18, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

S-1491 (Rice) (Under review by the NJSBA) Establishes the New Jersey Foreclosure Fairness Act; imposes additional foreclosure notice requirements; amends the Mortgage Stabilization and Relief Act. On Feb. 22, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

Workers' Compensation

S-229 (Kean) (Under review by the NJSBA) Concerns repayment of Workers' Compensation by pension recipients. On Feb. 18, the bill was released from the Senate Labor Committee without recommendation and referred to Senate Budget and Appropriations Committee.

S-676 (Sarlo) (NJSBA supports) Increases Workers' Compensation for loss of a hand or foot. On Feb. 22, the bill passed in the Senate (24-12).

S-935 (Sweeney) (NJSBA opposes) Concerns certain Workers' Compensation supplemental benefits. On Feb. 18, the bill was released from the Senate Labor Committee and referred to Senate Budget and Appropriations Committee.

S-1527 (Sarlo) (NJSBA opposes) Exempts direct sellers from Workers' Compensation law. On Feb. 22, the bill was introduced and referred to the Senate Labor Committee.

Nominations

The following nominations received advice and consent by the Senate on February 22:

ATTORNEY GENERAL
Paula Dow, of Maplewood, NJSBA member

ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY
AND VETERANS' AFFAIRS

Glenn K. Rieth, of Ewing

BOARD OF PUBLIC UTILITIES
Lee A. Solomon, of Haddonfield, NJSBA member

CIVIL SERVICE COMMISSION
Robert M. Czech, of Sea Girt

STATE TREASURER
Andrew Sidamon-Eristoff, of New York, NY

The following nomination was reported by the Senate Judiciary Committee on February 22:

BOARD OF PUBLIC UTILITIES
Lee A. Solomon, of Haddonfield, NJSBA member

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.