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

Capitol Report

February 28, 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.

New Laws

P.L.2011, c.24 (Wisniewski) Establishes the Banking Development District Act. On Feb. 21, A-1458 was signed by the governor.

P.L.2011, c. 25 (Schaer) Regulates captive insurers. On Feb. 21, A-2360 was signed by the governor.

Vetoed Bills Pending Re-Consideration by the Legislature

S-690 (Sarlo) Establishes the Garden State Film and Digital Media Jobs Act; expands existing film and digital media production tax credit programs. On Feb. 22, the governor's veto was received in the Senate.

S-1216 (Weinberg) Permits small, woman- or minority-owned businesses located in designated regional centers to qualify for loans from the Economic Development Authority as if they were located in a designated urban center. On Feb. 22, the governor's veto was received in the Senate.

S-1540 (Buono) Consolidates certain business-related categories of gross income and provides a 20-year carry-forward of certain net losses under the gross income tax. On Feb. 22, the governor's veto was received in the Senate.

S-2345 (Sweeney) Expands the gross income tax exclusion for pensions, annuities and other retirement income for certain taxpayers. On Feb. 22, the governor's veto was received in the Senate.

S-2373 (Vitale) Allows for a corporation business tax credit and gross income tax credit for certain wages paid to qualified interns in tax years 2012 and 2013. On Feb. 22, the governor's veto was received in the Senate.

S-2394 (Sarlo) Dedicates revenues derived from certain sales and uses subject to sales and use tax to provide enhanced incentives for breeding and development of certain racehorses in the state. On Feb. 22, the governor's veto was received in the Senate.

S-2398 (Madden) Directs the New Jersey Economic Development Authority and Commission on Higher Education to promote the establishment of higher education and business partnerships. On Feb. 22, the governor's veto was received in the Senate.

S-2454 (Madden) Establishes the New Jersey Angel Investor Tax Credit Act; provides credits against corporation business and gross income taxes for investing in New Jersey emerging technology businesses. On Feb. 22, the governor's veto was received in the Senate.

A-1676 (Greenwald) Provides a single sales fraction for a corporation business tax income allocation formula and establishes an airline-specific sales fraction. On Feb. 22, the governor's veto was received in the Assembly.

A-1851 (Gusciora) Establishes the Historic Property Reinvestment Act; provides credits against certain taxes for certain costs of rehabilitating historic properties. On Feb. 22, the governor's veto was received in the Assembly.

A-2215 (McKeon) Permits a developer to qualify for a low-interest loan from the New Jersey Economic Development Authority when building a high-performance green building. On Feb. 22, the governor's veto was received in the Assembly.

A-3143 (Greenwald) Expands the treatment of mixed use projects under the urban transit hub tax credit. On Feb. 22, the governor's conditional veto was received in the Assembly.

A-3308 (Gove) Creates a state contract set-aside program for businesses owned and operated by veterans. On Feb. 22, the governor's conditional veto was received in the Assembly.

A-3353 (Coutino) Establishes a closing fund to provide financial resources for certain economic development projects. On Feb. 22, the governor's veto was received in the Assembly.

A-3513 (Oliver) Establishes the Workforce Shortage Loan Redemption Program. On Feb. 22, the governor's veto was received in the Assembly.

A-3584 (Oliver) Creates the Back to Work NJ Program; makes an appropriation. On Feb. 22, the governor's veto was received in the Assembly.

A-3596 (Oliver) Authorizes a local public contract set-aside program for employers who hire former prisoners. On Feb. 22, the governor's veto was received in the Assembly. Pending Legislation

Criminal Law

S-2723 (Kean R21) Makes unauthorized impersonation of another person a crime of the third degree. On Feb. 22, the bill was introduced and referred to the Senate Judiciary Committee.

S-2725 (Addiego) Prohibits the sale of emergency warning lights to unauthorized motorists. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-2726 (Addiego) Increases penalties for unauthorized display or use of emergency warning lights. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-2732 (Beach) 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. 22, the bill was introduced and referred to the Senate Judiciary Committee.

S-2738 (Van Drew) Enhances the penalty for tampering with evidence after fleeing the scene of an accident resulting in death. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

S-2749/A-3846 (Addiego/Rudder) Establishes the crime of using blue lights or other insignia on vehicle to impersonate a law enforcement authority. On Feb. 22, both bills were introduced and referred to the Senate Law and Public Safety Committee and the Assembly Law and Public Safety Committee respectively.

Consumer Protection

S-2741 (Van Drew) Extends the protections of the new vehicle lemon law to new motor vehicle farm equipment purchased or leased in New Jersey. On Feb. 22, the bill was introduced and referred to the Senate Commerce Committee.

A-3861 (Burzichelli) Establishes the Consumer Credit Fairness Act. On Feb. 22, the bill was introduced and referred to the Assembly Commerce Committee.

Elder and Disability Law

A-3839 (Spencer) Establishes the New Jersey Advisory Council on End-of-Life Care in the Department of Health and Senior Services. On Feb. 22, the bill was introduced and referred to the Assembly Health and Senior Services Committee.

Family Law

A-3842 (Vainieri Huttle) Permits certain victims of domestic violence or stalking, and members of their immediate family, to register to vote without disclosing their street address and to cast provisional ballots at any election under certain circumstances. On Feb. 22, the bill was introduced and referred to the Assembly State Government Committee.

Judicial Administration

S-2628 (Scutari) (under review) Authorizes an exception to the hearsay rule for certain out-of-court statements by witnesses in cases involving a crime. On Feb. 22, the bill was received in the Assembly and referred to the Assembly Judiciary Committee.

SJR-25 (Sarlo) (under review) Cancels certain rules of evidence proposed by the Supreme Court concerning the hearsay rule. On Feb. 22, the bill was received in the Assembly and referred to the Assembly Judiciary Committee.

Women in the Profession

A-3841 (Vainieri Huttle) Repeals obsolete statutes concerning the status of women. On Feb. 22, the bill was introduced and referred to the Assembly Judiciary Committee.

Workers' Compensation

A-3849 (Pou) Prohibits local public employer continuation of pay programs. On Feb. 22, the bill was introduced and referred to the Assembly Housing and Local Government 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.