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

Capitol Report

February 13, 2012

 

This is a status report on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers. The report may also include information about appearances of NJSBA representatives before legislative committees, and the involvement of the NJSBA as amicus in appellate court matters. The government affairs department of the association compiles the report. 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.

 

NJSBA Action in Trenton

The Family Law Section’s chair, Andrea Beth White, of Lomurro Davison Eastman & Munoz, and immediate past section chair, Thomas J. Snyder, of Einhorn Harris Ascher Barbarito & Frost PC, represented the NJSBA with testimony before the Assembly Judiciary Committee on Feb. 6 to express the state bar’s concerns with A-321 and A-685.

 

A-321 (PDF) (Dancer) (NJSBA opposes) Provides for electronic monitoring of domestic violence offenders and notification to the victim; designated as Lisa's Law. On Feb. 6, the bill was released from the Assembly Judiciary Committee with amendments and referred to the Assembly Appropriations Committee.

 

A-685 (PDF) (Kean) (NJSBA opposes) Provides for modification of child support and certain alimony payments due to changed circumstances. On Feb. 6, the bill was released from the Assembly Judiciary Committee and is awaiting Assembly vote.

 

Pending Legislation

 

ANIMAL LAW

S-1472 (PDF) (Kean) Amends the Law Against Discrimination to provide every person engaged in raising a dog for guide or service the right to access public facilities. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

A-2379 (PDF) (Johnson) (NJSBA supports w/ amendments) Establishes the crimes of dog fighting and leader of a dog-fighting network; amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to add leader of a dog-fighting network. On Feb. 6, the bill was introduced and referred to the Assembly Judiciary Committee

 

CIVIL TRIAL BAR

S-1465 (PDF) (Vitale) (NJSBA supports) Extends the exemption from charitable immunity for certain civil actions to persons of any age who are beneficiaries of the nonprofit corporation. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

CONSUMER PROTECTION

S-1461 (PDF) (Vitale) (Under review by the NJSBA) Establishes and enhances certain insurance fraud prevention measures. On Feb. 6, the bill was introduced and referred to the Senate Commerce Committee.

 

CRIMINAL LAW

S-1417 (PDF) (Gill) (NJSBA supports) Revises and expands the New Jersey Trademark Anti-Counterfeiting Act. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

S-1421 (PDF) (Allen) (NJSBA supports w/amendments) Allows identity theft victims to petition for judicial determination of factual innocence. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

S-1426 (PDF) (Beach) (NJSBA opposes) Upgrades the disorderly persons offense of desecration of a venerated object to a crime of the third degree if the object desecrated is a military monument. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

A-2380 (Johnson) (Under review by the NJSBA) Establishes Alex DeCroce's Law; enhances crime victims' rights under the Crime Victim's Bill of Rights. On Feb. 6, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

 

FAMILY LAW

S-1347 (PDF) (Rice) (NJSBA opposes) Authorizes a 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. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

S-1385 (PDF) (Turner) (NJSBA takes no position) Establishes the New Jersey Task Force on Child Support Reform. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

S-1388 (PDF) (Scutari) (NJSBA opposes) Provides for modification of child support and certain alimony payments due to changed circumstances. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

S-1470 (PDF) (Kean) (NJSBA supports) Expands domestic violence protection for adoptive parents. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

GAY, LESBIAN, BISEXUAL AND TRANSGENDER RIGHTS

SCR-79 (PDF) (Cardinale) (NJSBA opposes) Proposes a constitutional amendment to provide that only the union of one man and one woman shall be valid or recognized as marriage. On Feb. 6, the bill was introduced and referred to the Senate Judiciary Committee.

 

HEALTH AND HUMAN SERVICES

S-1463 (PDF) (Vitale) (NJSBA supports) Increases the personal needs allowance to $55 for low-income persons residing in certain facilities. On Feb. 6, the bill was introduced and referred to the Senate Health, Human Services and Senior Citizens Committee.

 

HEALTH AND HOSPITAL LAW

S-1335 (PDF) (Beck) Requires a healthcare representative to make healthcare decisions for an incapacitated patient in accordance with the patient's religious beliefs. On Feb. 6, the bill was introduced and referred to the Senate Health, Human Services and Senior Citizens Committee.

 

JUDICIAL ADMINISTRATION     

ACR-116 (PDF) (Johnson) (NJSBA opposes) Proposes a constitutional amendment authorizing a statute transferring probation functions from the Judiciary to the State Parole Board. On Feb. 6, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

 

MILITARY LAW AND VETERAN’S AFFAIRS

A-2374 (PDF) (NJSBA supports) (Johnson) Permits a child whose parent or guardian is ordered into active military service to remain enrolled in the school district where the child's parent or guardian resided prior to active military service. On Feb. 6, the bill was introduced and referred to the Assembly Education Committee.

 

SCHOOL LAW

S-647 (PDF) (Pou) (NJSBA takes no position Raises the age requirement of compulsory school attendance from 16 to 18. On Feb. 6, the bill was released from the Senate Education Committee and referred to the Senate Budget and Appropriations Committee.

 

TAXATION

S-1350 (PDF) (Rice) (NJSBA opposes) Revises certain procedures for real property tax appeals. On Feb. 6, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.