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

Capitol Report

July 18, 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. The government affairs department of the New Jersey State Bar Association prepared the information. 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.82 (Sarlo) Makes fiscal year 2011 state and federal supplemental appropriations and amends certain fiscal year 2011 appropriations and other provisions of P.L.2010, c.35. On June 30, S-4001 was signed by the governor.

P.L.2011,c.83 (Whelan) Eliminates the limit on application of the corporation business tax research credit to 50 percent of liability otherwise due. On June 30, S-2980 was signed by the governor.

P.L.2011,c.84 (Greenstein) Decreases the minimum corporation business tax on certain New Jersey subchapter S corporations by 25 percent. On June 30, S-2981 was signed by the governor.

P.L.2011,c.85 (Sarlo) Appropriates $30,609,343,000 in state funds and $12,128,463,665 in federal funds for the state budget for fiscal year 2011-2012. On June 30, S-4000 was signed by the governor.

P.L.2011,c.86 (Lesniak) Expands the availability of general development plan approvals and long-term vesting of preliminary and final site plan approvals in Smart Growth areas. On July 1, S-483 was signed by the governor.

P.L.2011,c.87 (Turner) Requires specific instructions for workers filing unemployment insurance claims. On July 1, S-2580 was signed by the governor.

P.L.2011,c.88 (Turner) Provides for annual adjustments in worker taxes paid into the state Disability Benefits Fund. On July 1, S-2609 was signed by the governor.

Pending Legislation

S-2220 (Sarlo) Limits certain unused sick leave pay and vacation leave carry-forward for school and local employees; limits sick leave use by new public employees before retirement. On July 12, the bill failed to pass in the Senate (20-14) and was tabled.

S-2674 (Singer) Restores the death penalty for certain murders. On July 12, the bill failed to pass in the Senate (18-15) and was tabled.

SCR-203 (Rice) Overrides the governor's line-item veto of budget language concerning the reporting of the adequacy of general educational development programs in the Department of Corrections. On July 12, the bill failed to pass in the Senate (24-13).

SCR-204 (Turner) Overrides the governor's line-item veto of budget language concerning the reporting of the adequacy of drug treatment programs in the Department of Corrections. On July 12, the bill failed to pass in the Senate (24-13).

SCR-211 (Ruiz) Overrides the governor's line-item veto reducing the appropriation to the New Jersey Commission on Higher Education, in but not of the Department of State, for Opportunity Program grants. On July 12, the bill failed to pass in the Senate (24-13).

SCR-212 (Gordon) Overrides the governor's line-item veto reducing the appropriation to the Higher Education Student Assistance Authority, in but not of the Department of State, for part-time tuition aid grants for county colleges. On July 12, the bill failed to pass in the Senate (24-13).

SCR-213 (Gordon) Overrides the governor's line-item veto reducing the appropriation to the Higher Education Student Assistance Authority, in but not of the Department of State, for tuition aid grants. On July 12, the bill failed to pass in the Senate (24-13).

SCR-217 (Van Drew) Overrides the governor's line-item veto of two related language provisions in a fiscal year 2012 appropriation act concerning allocation and use of reduced rate sales and use tax collections generated in Urban Enterprise Zones. On July 12, the bill failed to pass in the Senate (24-13).

SCR-218 (Ruiz) Overrides the governor's line-item veto eliminating an appropriation for and budget language allocation of municipal public safety aid in the Department of Community Affairs. On July 12, the bill failed to pass in the Senate (24-13).

SCR-219 (Norcross) Overrides the governor's line-item veto reducing an appropriation for transitional aid to localities in the Department of Community Affairs. On July 12, the bill failed to pass in the Senate (24-13).

SCR-226 (Lesniak) Overrides the governor's line-item veto eliminating an appropriation for New Jersey After 3 student services and a related language provision in the Department of Education. On July 12, the bill failed to pass in the Senate (23-13).

SCR-227 (Cunningham) Overrides the governor's line-item veto reducing a fiscal year 2012 appropriation for Work First New Jersey-Child Care. On July 12, the bill failed to pass in the Senate (23-13).

SCR-229 (Buono) Overrides the governor's line-item veto eliminating an appropriation for grants to Hispanic Women's Resource Centers in the Department of Community Affairs. On July 12, the bill failed to pass in the Senate (24-13).

SCR-236 (Rice) Overrides the governor's line-item veto eliminating an appropriation for Lead Hazard Control Assistance Fund grants in the Department of Community Affairs. On July 12, the bill failed to pass in the Senate (24-13).

SCR-238 (Sarlo) Overrides the governor's line-item veto reducing an appropriation for payments for medical assistance recipients-nursing homes in the Department of Health and Senior Services. On July 12, the bill failed to pass in the Senate (24-13).

Notices

The New Jersey Law Revision Commission meeting will meet on July 21 to discuss the following agenda:

  1. N.J.S.14A:5-28 Books and Records (rights of inspection) — Consideration of a draft final report.
  2. General Repealer — Consideration of a draft tentative report identifying anachronistic provisions in the law and recommending their repeal.
  3. Title 39-Driving While Intoxicated — Consideration of a memorandum and a chart summarizing certain aspects of the laws of all 50 states for purposes of comparison.
  4. Code of Criminal Justice: Physical Force in Addition to Sexual Contact — Consideration of a new project to clarify the Criminal Code section relating to physical force in addition to sexual contact.
  5. Landlord Tenant — Consideration of a memorandum with attachments revising two proposed sections of the revised law as discussed at the June meeting.
  6. New Jersey Emergency Volunteer Health Practitioners Act — Consideration of a memorandum summarizing issues remaining to be addressed on this project.
  7. Recording of Mortgage Assignments — Consideration of a new project to simplify the procedure for recording mortgage assignments.
  8. Uniform Principal and Income Act — Consideration of a memorandum containing draft language incorporating proposed revisions to a NCCUSL Act previously adopted in New Jersey.

Documentation related to the agenda above can be found online at http://www.lawrev.state.nj.us/agenda.html.

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.