December 10, 2012
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers as well as the involvement of the NJSBA as amicus in appellate court matters. To access a complete copy of the Capitol Report and/or retrieve prior editions, visit njsba.com.
Judicial Administration Committee
S-2207 (Sweeney) - Authorizes Judiciary to revise or supplement fees, subject to limitations, to fund an e-court information system and Legal Services of New Jersey; requires review and reporting on fees and expenditures of such fees. On November 19, the bill was received and referred to Assembly Judiciary Committee.
The NJSBA strongly supports this legislation. The NJSBA has long advocated for full funding of the New Jersey courts so that the Judiciary can accomplish its constitutional mission of providing access to justice for New Jersey’s many citizens. In 2009, the NJSBA endorsed the expansion of e-filing in the courts on a statewide basis. Likewise, the NJSBA has been a longstanding supporter of funding for Legal Services of New Jersey advocating before the state and federal legislatures for enhanced appropriations.
Labor and Employment
A-465 (Jimenez) - Requires criminal history record background checks for public employees handling vital records. On November 19, the bill was released from Senate Preparedness Committee with amendments and is awaiting vote from Assembly Homeland Security.
Military Law & Veterans Affairs Section
A-1898 (Milam) - Extends burial of indigent veterans to those who did not serve in time of war; clarifies role of DMVA in identifying deceased veterans; provides additional funding for burial of indigent veterans. On November 19, the bill was released from Assembly Appropriations Committee and is awaiting Assembly vote.
Privacy Law Committee
A-2878 (Burzichelli) - Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers. On November 19, the bill was released from Assembly Consumer Affairs and is awaiting Assembly vote to concur with Senate amendments.
Real Property, Trust & Estate Law Section
S-1740 (Rice) - Allows municipalities to require mortgage lenders to maintain vacant residential properties during foreclosure. On November 19, the bill was released from Senate Community and Urban Affairs Committee and is awaiting Senate vote.
A-735 (Eustace) - Permits a child who moves out of a school district due to a family crisis to remain enrolled in that district until the end of the school year. On November 19, the bill was released from Assembly Education Committee and is awaiting Assembly vote.
Taxation Law Section
A-1887 (Milam) - Prohibits imposition of corporation business tax on certain foreign corporations carrying passengers into and out of State in motor vehicle or motorbus. On November 19, the bill was released from Senate Transportation Committee and referred and released from Senate Budget & Appropriations Committee with amendments and are awaiting Senate vote.
S-1094 - Prohibits imposition of corporation business tax on certain foreign corporations carrying passengers into and out of State in motor vehicle or motorbus. On November 19, the bill was released from Senate Transportation Committee with amendments and awaiting Senate vote additionally, was referred to Senate Budget and Appropriations Committee.
HURRICANE SANDY RESPONSE PROGRAM
Hurricane Sandy left an incalculable trail of destruction, devastation and heartbreak, and the association is here to help.
As it has in previous disasters, the NJSBA and its volunteers are ready to assist people whose lives have been forever altered. While much is uncertain in times like these, we are confident that our profession and this association’s dedication to service remains strong, and our commitment to the community is steadfast.
Over 160 attorneys have signed up to help. We are dedicated to helping as many people as we can, but more help is needed. The breadth of this disaster is profound.
Additional volunteer attorneys are needed to provide free legal guidance to the public through the association’s Mass Disaster Response Program, which has a free legal help line for the public, 888‐541‐1900. To volunteer or learn more, visit njsba.com.
In addition, Association President Kevin P. McCann, and others from the legal community, is scheduled to testify about the efforts of the program on Monday before the Assembly Judiciary Committee. The hearing begins at 10 a.m. To listen in, visit njleg.state.nj.us.