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

Capitol Report

February 14, 2011

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. 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

Criminal Law

S-2684 (Stack) Prohibits possession of machetes in certain circumstances. On Feb. 7, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-2685 (Singer) Increases the penalty for hindering the apprehension or prosecution of an offender. On Feb. 7, the bill was introduced and referred to the Senate Law and Public Safety Committee.

Elder and Disability Law

S-2458 (Codey) Establishes assisted living facility and comprehensive personal care home resident rights. On Feb. 7, the bill was released from the Senate Health, Human Services and Senior Citizens Committee and is awaiting Senate vote.

Family Law

S-2690 (Greenstein) (Under review by the NJSBA) Establishes the Domestic Violence Victim Protection Pilot Program. On Feb. 7, the bill was introduced and referred to the Senate Judiciary Committee.

Health and Hospital Law

S-2543 (Singer) Requires certain healthcare facilities and operators of certain transient dwellings to maintain agreements for bedbug eradication services. On Feb. 7, the bill was released from the Senate Health, Human Services and Senior Citizens Committee with a committee substitute and is awaiting Senate vote.

Judicial Administration

SR-105 (Gill) Expresses the sense of the Senate that in the event the General Assembly does not proceed with impeachment, Justice Roberto Rivera-Soto should resign as a justice of the New Jersey Supreme Court. On Feb. 7, the bill was introduced for first reading without a committee reference and is awaiting Senate vote.

Labor and Employment Law

S-1730 (Norcross) Requires certain public officers and employees to reside in the state. On Feb. 7, the governor's conditional veto was received in the Senate.

S-2680 (Madden) Changes the trigger for extended unemployment benefits. This bill implements an option made available by recent federal legislation that will permit laid-off workers in New Jersey to continue to receive extended unemployment benefits for much, if not all, of 2011. On Feb. 7, the bill was released from the Senate Labor Committee and is awaiting Senate vote.

S-2692 (Bucco) Repeals all prevailing wage laws. On Feb. 7, the bill was introduced and referred to the Senate Labor Committee.

Land Use

S-2686 (Greenstein) Amends the State Transfer of Development Rights Act, and provides for impact fees and other incentives for establishment of transfer of development rights programs. On Feb. 7, the bill was introduced and referred to the Senate Economic Growth Committee.

Municipal Court Practice

S-233 (Bateman) Decreases certain motor vehicle fines. On Feb. 7, the bill was released from the Senate Transportation Committee and referred to the Senate Budget and Appropriations Committee.

S-2695 (Beach) (NJSBA takes no position) Increases penalties for failing to secure a child in a child passenger restraint system or booster seat while operating a motor vehicle. On Feb. 7, the bill was introduced and referred to the Senate Transportation Committee.

Workers' Compensation

S-1662 (Bateman) Prohibits payment of temporary disability benefits to incarcerated individuals. On Feb. 7, the bill was released from the Senate Labor Committee and is awaiting Senate vote.

S-2609 (Turner) Provides for annual adjustments in worker taxes paid into the state disability benefits fund. On Feb. 7, the bill was released from the Senate Labor Committee with amendments and referred to the Senate Budget and Appropriations Committee.

Nominations

The following nominations were referred to the Senate Judiciary Committee on Feb. 7:

JUDGE OF THE SUPERIOR COURT
Keith Bachmann, of New Milford, NJSBA member
Christine Farrington, of Wyckoff, NJSBA member
Susan Steele, of Harrington Park, NJSBA member
Gary Wilcox, of Harrington Park

Notices

The New Jersey Law Revision Commission will meet on Feb. 17 to review the following agenda:

  1. New Jersey Adult Guardianship and Protective Proceedings-Consideration of a draft final report regarding this uniform law.
  2. Uniform Partition of Heirs Property Act-Consideration of a draft final report recommending that no action be taken regarding this uniform law.
  3. Elective Spousal Share-Consideration of a draft tentative report proposing revisions to N.J.S. 2A:34-23h., N.J.S. 3B:8-1 and N.J.S. 3B:5-3 to address problems that arise when a litigant dies in the midst of a divorce proceeding.
  4. Pejorative Terms-Consideration of a memorandum and draft introduction to a tentative report regarding the new pejorative terms project.
  5. UCC Article 9 Revisions-Consideration of a memorandum regarding NCCUSL's changes to UCC Article 9 (Secured Transactions).
  6. New Jersey Debt-Management Services Act-Consideration of a draft tentative report and a memorandum identifying outstanding issues for commission action.
  7. Title 39-Driving While Intoxicated-Consideration of a memorandum proposing changes to the statutory sections pertaining to driving while intoxicated to include expanded use of the ignition interlock devices as recommended by recent studies.
  8. Mortgage Recording-Consideration of a memorandum proposing a project regarding modifications to the current system of the recording of mortgages.

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.