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

Capitol Report

February 6, 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

 

BUSINESS LAW

A-1543 (PDF) (Burzichelli) (NJSBA supports) Establishes the Revised Uniform Limited Liability Company Act. On Jan. 30, the NJSBA testified in support of this legislation before the Assembly Regulatory Oversight and Gaming Committee. Also providing support were the NJ Law Revision Commission, the NJ Business and Industry Association and the NJ State Chamber of Commerce. The bill was released from committee and is awaiting Assembly vote.

 

LOCAL GOVERNMENT LAW

A-1338 (PDF) (Greenwald) (NJSBA supports) Extends the expiration date of certain permits pursuant to the Permit Extension Act of 2008. On Jan. 30, the NJSBA offered support for this legislation before the Assembly Housing and Local Government Committee. The bill was released from committee, with amendments, and is awaiting Assembly vote.

 

Pending Legislation

 

CONSUMER PROTECTION LAW

A-2133 (PDF) (Milam) (NJSBA supports) Extends protections of the new vehicle "lemon Law" to new motor vehicle farm equipment purchased or leased in New Jersey. On Jan. 30, the bill was introduced and referred to the Assembly Consumer Affairs Committee.

 

CRIMINAL LAW

S-1260 (PDF) (Vitale) (NJSBA opposes) Eliminates the statute of limitations for kidnapping and increases the statute of limitations for other serious crimes to 10 years. On Jan. 30, the bill was introduced and referred to the Senate Judiciary Committee.

 

FAMILY LAW

S-1 (PDF) (Weinberg) (NJSBA supports) Enacts the Marriage Equality and Religious Exemption Act. On Jan. 30, the bill was released from the Senate Judiciary Committee and is awaiting Senate vote.

 

S-1215 (PDF) (Codey) (NJSBA opposes) Authorizes the issuance of restraining orders in situations where the domestic violence statutes do not apply. On Jan. 30, the bill was introduced and referred to the Senate Judiciary Committee.

 

A-2151 (PDF) (McHose) (NJSBA opposes) Precludes most distributions of increased value of the pre-marital residence at the time of divorce. On Jan. 30, the bill was introduced and referred to the Assembly Judiciary Committee.

 

A-2164 (PDF) (Conaway) (NJSBA supports) Concerns custody and parenting time issues for military parents. On Jan. 30, the bill was introduced and referred to the Assembly Judiciary Committee.

 

JUDICIAL ADMINISTRATION

SCR-72 (PDF) (Allen) (Under review by the NJSBA) Proposes a constitutional amendment clarifying the Legislature's authority to pass laws requiring contributions from justices' and certain judges' salaries to help fund employee benefits. On Jan. 30, the bill was introduced and referred to the Senate Judiciary Committee.

 

ACR-102 (McHose) (Under review by the NJSBA) Proposes a constitutional amendment authorizing the state Legislature to invalidate certain court decisions. On Jan. 30, the bill was introduced and referred to the Assembly Judiciary Committee.

 

MALPRACTICE INSURANCE

S-1221 (PDF) (Vitale) (NJSBA opposes) Extends the Medical Malpractice Liability Insurance Premium Assistance Fund and the collection of annual surcharges for five years. On Jan. 30, the bill was introduced and referred to the Senate Commerce Committee.

 

MUNICIPAL COURT PRACTICE

A-2148 (PDF) (Gusciora) (NJSBA supports) Requires an ignition interlock device to be installed on a vehicle owned or leased by a drunk driver only after the period of the driver's license suspension. On Jan. 30, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

 

S-1286 (PDF) (Codey) (NJSBA opposes) Requires the causes of driver inattention to be noted in traffic accidents. On Jan. 30, the bill was introduced and referred to the Senate Transportation Committee.

 

S-1291 (PDF) (Allen) Shortens the term of municipal court judges from three years to one year. On Jan. 30, the bill was introduced and referred to the Senate Judiciary Committee.

 

REAL PROPERTY TRUST AND ESTATE LAW

S-1320 (PDF) (Gill) (NJSBA supports with amendments) Creates the Real Estate Installment Contract Act. On Jan. 30, the bill was introduced and referred to the Senate Commerce Committee.

 

TAXATION

S-1256 (PDF) (Vitale) (NJSBA takes no position) Allows a gross income tax deduction for 50 percent of contributions of $100 or more to domestic violence shelters. On Jan. 30, the bill was introduced and referred to the Senate Health, Human Services and Senior Citizens Committee.

 

Nominations

The following nominations were referred to the Senate Judiciary Committee on Jan. 30:

 

JUDGE OF THE FRANKFORD JOINT MUNICIPAL COURT:

James G. Devine, of Scotch Plains

 

JUDGE OF THE PASCACK JOINT MUNICIPAL COURT:

Harry D. Norton, of Ramsey, NJSBA member

 

JUDGE OF THE SUPERIOR COURT:

H. Matthew Curry, of Lopatcong Township, NJSBA member

Paula T. Dow, of Maplewood, NJSBA member

Kathi F. Fiamingo, of Kenilworth, NJSBA member

J. Christopher Gibson, of Cape May Court House, NJSBA member

Robert G. Malestein, of Hopewell Township, NJSBA member

James R. Swift, of Millville, NJSBA member

 

ASSOCIATE JUSTICE OF THE NEW JERSEY SUPREME COURT:

Bruce A. Harris, of Chatham Borough, NJSBA member         

Phillip H. Kwon, of Closter, NJSBA member

 

ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS:

Michael L. Cuniff, of Belle Mead

 

COMMISSIONER OF THE DEPARTMENT OF BANKING AND INSURANCE:

Kenneth E. Kobylowski, of Shrewsbury

 

The following nominations were reported by the Senate Judiciary Committee on Jan. 30:

 

JUDGE OF THE SUPERIOR COURT:

Ana C. Viscomi, of Red Bank, NJSBA member