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

Capitol Report

January 9, 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.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of Feb. 17, unless otherwise noted:

ENVIRONMEMTAL LAW

N.J.A.C. 7:29-1.1, 1.2 and 1.5 (PDF) Proposes changes to Department of Environmental Protection rules regarding noise control by adding a new definition of electricity generation, changing the definitions of community service facility and industrial facility, and deleting the definition of public service facility at N.J.A.C. 7:29-1.1. The department is also proposing to change exceptions to the noise control rules by removing references to a public service facility.

PUBLIC UTILITIES

N.J.A.C. 14:9-10 Proposes new Board of Public Utilities rules to implement a distribution system improvement charge (DSIC) for water utilities. A DSIC is a regulatory initiative intended to create a financial incentive for water utilities to accelerate the level of investment needed to promote the timely rehabilitation and replacement of certain non-revenue-producing, critical water distribution components that enhance safety, reliability, and/or conservation, and to speed the rate of renewal of this aging infrastructure.

SCHOOL LAW

N.J.A.C. 6A:30-1.2, 2.2, 3.1, 3.2, 3.3, 4.1, 5.7, 6.2, 6.6, and 7.2 (PDF) Proposes changes to Department of Education rules that implement a monitoring and evaluation system for public school districts and county special services school districts.

The following rules were recently adopted:

BANKING LAW

N.J.A.C. 3:5 (PDF) Readopts, with amendments, Department of Banking and Insurance rules regarding dedicated funding assessments.

ELDER AND DISDABILITY LAW

N.J.A.C. 8:83-6.2, 8:83A-4.2, 8:83B-5.2 and 8:83D-6.2 Provides notice of administrative changes to reflect an increase in annual income limits for senior services and health systems. These changes have been made to the Pharmaceutical Assistance to the Aged and Disabled Eligibility manual, Lifeline Credit Program/Tenants Lifeline Assistance Program manual, Hearing Aid Assistance to the Aged and Disabled manual, and the Senior Gold Prescription Program manual.

HEALTH AND HOSPITAL LAW

N.J.A.C. 8:64 (PDF) Adopts new Public Health Services, Environmental and Occupational Health Services Division, rules regarding the Medical Marijuana Program.

INSURANCE

N.J.A.C. 11:22-3.3 (PDF) Provides notice that the Department of Banking and Insurance discovered an error in N.J.A.C. 11:22-3.3. Amendments to N.J.A.C. 11:22-3.3(c) adopted effective Oct. 17, 2011, (see 43 N.J.R. 1236(a) and 2668(b)) included an incorrect Internet address to obtain paper standard formats for a universal enrollment/change request form and application/change request form for health insurance coverage on the department website. Through this notice of administrative correction, published pursuant to N.J.A.C. 1:30-2.7, the correct Internet address is provided.

The following special rules were recently adopted:

SCHOOL LAW

N.J.A.C. 19:38B (PDF) Provides changes to New Jersey Schools Development Authority rules regarding procedures for bidding for the New Jersey Schools Construction Corporation’s school facilities projects for the school construction program.

NOMINATIONS

The following nominations were referred to the Senate Judiciary Committee on Dec. 15, 2011:

JUDGE OF THE SUPERIOR COURT:

Paula T. Dow, of Maplewood, NJSBA member

ADVISORY COUNCIL ON CORRECTIONS:
Angela H. Marshall, of Newark

COLLEGE OF NEW JERSEY BOARD OF TRUSTEES:
Eleanor V. Horne, of Lawrence Township
Rosedale Hymerling, of Haddonfield
Brian A. Markison, of Princeton
Miles Powell, of Medford
Albert M. Stark, of Princeton, NJSBA member

DOMESTIC COMPANION ANIMAL COUNCIL:
Steven J. Dash, of Egg Harbor City
Barbara Wicklund, of Skillman

HUNTERDON COUNTY BOARD OF TAXATION:
Michael J. Pierce, of Annadale

LEGALIZED GAMES OF CHANCE CONTROL COMMISSION:
Steven P. Layman, of Atlantic City

STATE LOTTERY COMMISSION:
Frederick J. Horowitz, of Englewood

Public Notices

The New Jersey Law Revision Commission met on Dec. 15 to discuss the following agenda:

  1. Workers' Compensation Claims (PDF)—Consideration of a draft tentative report containing revised language pursuant to the commission’s direction at the last meeting.
  2. Uniform Limited Liability Company Act (PDF)—Consideration of a memorandum with updates on this project.
  3. Uniform Military and Overseas Voters Act (PDF)—Consideration of a draft tentative report proposing revisions to the Overseas Residential Absentee Voters Act Law (ORAVL) that incorporate some of the Military and Overseas Voters Act (UMOVA).
  4. Property (Title 46) (PDF)—Consideration of a memorandum with a rough draft of some provisions of a revised property law.
  5. Proposed meeting dates for 2012.

To obtain documentation related to the above agenda topics, please visit http://www.lawrev.state.nj.us.