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

Capitol Report

January 10, 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.2010, c.106 (Sarlo) Allows certain organizations to file complaints with the Council on Local Mandates in certain circumstances. On Dec. 23, S-2208 was signed by the governor.

P.L.2010, c.105 (Greenwald) Revises the procedure for police and fire contract disputes; imposes a cap on certain arbitration awards. On Dec. 21, A-3393 was signed by the governor.

P.L.2010, c.104 (Greenwald) Authorizes the transfer of certain assets of the state's public broadcasting system to an entity eligible to operate a public broadcasting system. On Dec. 17, A-3604 was signed by the governor.

P.L.2010, c.103 (Caputo) Permits the hiring of certain laid off law enforcement officers without utilizing Civil Service lists. On Dec. 9, A-207 was signed by the governor.

P.L.2010, c.102 (Scalera) Prohibits certain private transfer fees and imposes disclosure requirements. On Dec. 8, A-2861 was signed by the governor.

P.L.2010, c.101 (Quijano) Requires state entities to purchase biofuels in place of fossil fuels when reasonable, prudent and cost effective. On Dec. 8, A-1052 was signed by the governor.

P.L.2010, c.100 (Ruiz) Limits the amount of time a vacant teaching position can be filled by certain teachers employed in a temporary capacity. On Dec. 8, S-2071 was signed by the governor.

P.L.2010, c.99 (Ruiz) Authorizes the formation of state college risk management groups and joint liability funds. On Dec. 8, S-1998 was signed by the governor.

P.L.2010, c.98 (Buono) Provides for a minor and her child to remain together as a family unit in Division of Youth and Family Services placement. On Dec. 8, S-1362 was signed by the governor.

P.L.2010, c.97 (Turner) Limits the amount of time a vacant teaching position can be filled by a substitute teacher. On Dec. 8, S-435 was signed by the governor.

P.L.2010, c.96 (Rice) Requires the New Jersey Schools Development Authority to biannually compile information on school facilities project contracts awarded to minority and female contractors. On Dec. 8, S-95 was signed by the governor.

P.L.2010, c.95 (Rice) Requires licensed healthcare professionals and facilities to bill Medicare beneficiaries within 90 days of the date insurance payment is finalized. On Dec. 8, S-89 was signed by the governor.

On the Governor's Desk

S-212 (Whelan) Allows construction of wind-dependent energy facilities on piers within 500 feet of the mean high water line of tidal waters. On Dec. 20, the bill passed in the Senate (36-0) and was sent to the governor.

S-736 (Sacco) Establishes new motorcycle safety provisions. On Dec. 20, the bill passed in the Senate (34-4) and was sent to the governor.

S-1189 (Van Drew) Establishes the New Jersey Veterans' Hospital Task Force. On Dec. 20, the bill passed in the Senate (37-0) and was sent to the governor.

S-1446 (Cardinale) Authorizes the display of flashing amber warning lights on sanitation vehicles. On Dec. 20, the bill passed in the Senate (36-0) and was sent to the governor.

S-1730 (Norcross) Requires certain public officers and employees to reside in the state. On Dec. 20, the bill passed in the Senate (23-10) and was sent to the governor.

S-1795 (Weinberg) Requires the Board of Medical Examiners to take certain actions to investigate licensees. On Dec. 20, the bill passed in the Senate (37-0) and was sent to the governor.

A-2501 (Chivukula) Requires the State Soil Conservation Committee to adopt standards concerning soil restoration measures. On Dec. 20, the bill substituted for S-1410, passed in the Senate (35-3) and was sent to the governor.

A-3273 (Vainieri Huttle) Amends the Fiscal Year 2011 Annual Appropriations Act to require the filing of an application for expansion of Medicaid coverage for family planning services. On Dec. 20, the bill substituted for S-2393, passed in the Senate (26-12) and was sent to the governor.

Pending Legislation

CRIMINAL LAW

SJR-25 (Sarlo) Provides for a forfeiture by wrongdoing exception to the hearsay rule by amending the Rules of Evidence. On Dec. 30, the bill was released from the Senate Judiciary Committee with a substitute and is awaiting vote in the Senate.

BUSINESS LAW

S-2592 (Madden) Prohibits businesses that outsource jobs overseas from receiving state contracts or grants; prohibits investment of state funds in such businesses. On Dec. 30, the bill was introduced and referred to the Senate State Government, Wagering, Tourism & Historic Preservation Committee.

HEALTH AND HOSPITAL LAW

S-2597 (Gill) Establishes the New Jersey Healthcare Exchange Act. On Dec. 30, the bill was introduced and referred to the Senate Commerce Committee.

JUVENILE JUSTICE

S-2598 (Gill) Provides for automatic expungement of records of certain juveniles adjudicated delinquent for engaging in prostitution. On Dec. 30, the bill was introduced and referred to the Senate Judiciary Committee.

S-2599 (Gill) Requires services be provided for sexually exploited juveniles charged with prostitution or juvenile victims of human trafficking; creates a presumption of coercion under certain circumstances. On Dec. 30, the bill was introduced and referred to the Senate Judiciary Committee.

Nominations

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

CIVIL SERVICE COMMISSION

Robert Brenner, of Warren Township, NJSBA member
Richard E. Williams, of Somerville