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

Capitol Report

January 24, 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.

Executive Orders

Executive Order No. 51
Establishes the University of Medicine and Dentistry of New Jersey Advisory Committee.

Executive Order No. 52
Creates the Governor's Higher Education Council.

Pending Legislation

ANIMAL LAW

A-3719 (Coughlin) Authorizes immediate euthanasia of impounded stray animals that are injured or ill beyond hope of recovery. On Jan. 11, the bill was introduced and referred to the Assembly Agriculture and Natural Resources Committee.

CONSUMER PROTECTION

A-3740 (Stender) Clarifies that any use of another person's personal identifying information is a crime. On Jan. 11, the bill was introduced and referred to the Assembly Judiciary Committee.

CRIMINAL LAW

A-3743 (Quijano) Upgrades the penalties for certain assaults committed against sports officials. On Jan. 11, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

ELDER AND DISABILITY LAW

A-3732 (Quijano) Establishes assisted living facility and comprehensive personal care home resident rights. On Jan. 11, the bill was introduced and referred to the Assembly Health and Senior Services Committee.

GOVERNMENT AND PUBLIC SECTOR

A-2721 (Burzichelli) Changes the five-year chapter expiration date for rules to seven years; changes procedures for readoption of rules. On Jan. 10, the bill substituted for S-2013 and passed in the Senate (25-7). It was received in the Assembly on Jan. 11 to concur with Senate amendments.

HEALTH AND HOSPITAL LAW

A-3733 (Quijano) Establishes the New Jersey Healthcare Exchange Act, which creates a statewide health insurance exchange pursuant to the federal Patient Protection and Affordable Care Act (Pub.L.111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub.L.111-152). On Jan. 11, the bill was introduced and referred to the Assembly Financial Institutions and Insurance Committee.

A-3739 (Webber) Provides civil immunity to licensed healthcare professionals who provide care at healthcare facilities for no compensation. On Jan. 11, the bill was introduced and referred to the Assembly Health and Senior Services Committee.

JUDICIAL ADMINISTRATION

A-3727 (Quijano) (NJSBA supports) Establishes a mandatory, uniform attorney identification card. On Jan. 11, the bill was introduced and referred to the Assembly Judiciary Committee.

MILITARY LAW AND VETERANS AFFAIRS

A-3721 (Conners) Provides for an increase in the allowance paid to veterans with certain wartime service-connected disabilities. On Jan. 11, the bill was introduced and referred to the Assembly Military and Veterans' Affairs Committee.

MUNICIPAL COURT PRACTICE

S-2631 (Cunningham) Increases the penalties for failing to yield when the violation results in the death of a pedestrian. On Jan. 11, the bill was introduced and referred to the Senate Transportation Committee.

S-2634 (Turner) Establishes a conditional intervention program in municipal court for certain first-time offenders. On Jan. 11, the bill was introduced and referred to the Senate Judiciary Committee.

A-3720 (Riley) Allows a person with diabetes to voluntarily make a notation on his or her driver's license. On Jan. 11, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

REAL PROPERTY TRUST AND ESTATE LAW

S-2632 (Kean) Creates the Mold Safe Housing Act. This bill would create mechanisms for tenants living in mold-contaminated rental housing to have the mold effectively removed or for the tenants to be relocated to safer rental housing. On Jan. 11, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

S-2633 (Kean) Requires the establishment of indoor standards for mold hazards and certification of mold inspectors and abatement workers. On Jan. 11, the bill was introduced and referred to the Senate Environment and Energy Committee.

RENEWABLE ENERGY, CLEANTECH AND CLIMATE CHANGE

A-3731 (Quijano) Requires that contracts by non-utility load-serving entities to purchase solar renewable energy certificate shall extend for a term of 15 years or longer. On Jan. 11, the bill was introduced and referred to the Assembly Telecommunications and Utilities Committee.

SCHOOL LAW

S-2635 (Beck) Establishes a task force to study various issues related to improving special education programs and services for public school students. On Jan. 11, the bill was introduced and referred to the Senate Education Committee.

A-3738 (Webber) Allows the governor to remove an executive county superintendent of schools at will. On Jan. 11, the bill was introduced and referred to the Assembly Education Committee.

TAXATION

A-3735 (Albano) Provides a gross income tax deduction for the payment of credit card interest. On Jan. 11, the bill was introduced and referred to the Assembly Budget Committee.

WOMEN IN THE PROFESSION

A-3741 (Quijano) Establishes the Division of Minority and Women Business Development and a state chief disparity officer to monitor efforts to promote participation by minority-owned and women-owned businesses in state contracting. On Jan. 11, the bill was introduced and referred to the Assembly Commerce and Economic Development Committee.

WORKERS' COMPENSATION

A-3726 (DeAngelo) Provides workers' compensation coverage for participants of the Back to Work NJ Program. On Jan. 11, the bill was introduced and referred to the Assembly Labor Committee.