July 23, 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.
Executive Order No. 97 (PDF) provides that Executive Orders No. 34 (PDF) and 69 (PDF) are superseded and paragraph 6 of Executive Order No. 11 (2010) (PDF) is amended to provide that the New Jersey Gaming, Sports, and Entertainment Advisory Commission will not expire upon the issuance of its final report, but will continue until June 30, 2013, or another date (at the governor’s discretion), to continue to support the implementation of its recommendations; to facilitate the repositioning of the New Jersey Sports and Exposition Authority as a lead state agency for the coordination of economic development and promotional and marketing efforts related to tourism, entertainment, and sports; and to engage in any other related matters that are referred to the commission.
On the Governor’s Desk
S-1566 (PDF) (Lesniak) Establishes the New Jersey Residential Foreclosure Transformation Act; provides an expedited process for foreclosing abandoned residential properties. On June 28, the bill passed in the Assembly (44-33) and was sent to the governor.
A-1543 (PDF) (Burzichelli) (NJSBA supports) (NJSBA-drafted) Creates the Revised Uniform Limited Liability Company Act. On June 21, the bill passed in the Senate (38-0) and was sent to the governor.
A-2380 (PDF) (Johnson) Establishes Alex DeCroce's Law; enhances crime victims' rights under the Crime Victim's Bill of Rights. On June 25, the bill substituted for S-775, passed in the Senate (40-0) and was sent to the governor.
ELDER AND DISABILITY LAW
S-1755 (PDF) (Madden) (NJSBA supports) Establishes the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act. On June 21, the bill passed in the Assembly (77-0) and was sent to the governor.
GOVERNMENT AND PUBLIC SECTOR
S-927 (PDF) (Van Drew) Requires state auditor review of certain Department of Corrections privatization contracts. On June 25, the bill substituted for A-1880, passed in the Assembly (49-30) and was sent to the governor.
A-763 (PDF) (Barnes) (NJSBA supports) Authorizes the Judiciary to revise or supplement fees, subject to limitations, to fund e-court information system and Legal Services of New Jersey; provides for review of such fees by the Judiciary. On June 25, the bill passed in the Assembly (48-30-1) to concur with Senate amendments and was sent to the governor.
S-881 (PDF) (Lesniak) Eliminates prosecutorial objection to admission to drug court program; expands eligibility and provides for phased-in mandatory drug court program. On June 28, the bill was received in the Senate to concur with Assembly amendments, passed in the Senate (36-1), and was sent to the governor.
LABOR AND EMPLOYMENT LAW
A-2650 (PDF) (Lampitt) Provides that an unlawful employment practice occurs each time an individual is affected by a decision or practice, including each time compensation is paid. On June 21, the bill passed in the Senate (23-12) and was sent to the governor.
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 June 28, the bill substituted for S-743, passed in the Senate (35-1) and was sent to the governor.
MUNICIPAL COURT PRACTICE
A-1074 (PDF) (Quijano) (NJSBA opposes) Creates Kulesh and Kubert's, and Bolis Law; establishes violation of hands-free cell phone law as reckless under vehicular homicide and assault by auto statutes. On June 28, the bill substituted for S-1616, passed in the Senate (38-0) and was sent to the governor.
The New Jersey Law Revision Commission met on July 19 to discuss the following agenda:
1. Pejorative Terms—Involving Physical Disabilities (PDF)—Consideration of a proposed project (PDF) dealing with pejorative terms involving physical disabilities.
2. Uniform Determination of Death Act (PDF)—Consideration of a memorandum regarding this uniform act.
3. Uniform Interstate Depositions and Discovery Act (PDF)—Consideration of a draft tentative report regarding this uniform act.
4. Uniform Principal and Income Act (PDF)—Consideration of a draft tentative report incorporating this uniform act and changes previously recommended by the state bar association.
5. Collateral Consequences (PDF)—Consideration of a memorandum regarding the collateral consequences of criminal convictions imposed by state law and proposed modifications to the Rehabilitated Convicted Offenders Act.
6. Property (PDF)—Further consideration of a project to revise basic statutes pertaining to real property, including a draft tentative report with a table of dispositions. The issues presented to the commission are in bold font.
Documentation related to the above agenda can be obtained online at http://www.lawrev.state.nj.us/agenda.html.