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

Capitol Report

July 4, 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.2011,c.78 (Sweeney) Makes various changes to pension and health care benefits for public employees. On June 28, S-2937 was signed by the governor.

P.L.2011,c.79 (Sweeney) Repeals requirement that public employers provide certain health benefit plans to public employees. On June 28, S-2959 was signed by the governor.

On the Governor's Desk

A-359 (Schaer) The "Foreclosure Rescue Fraud Prevention Act." On June 29, the bill passed in both the houses (39-0/77-0).

A-906 (Chivukula) (NJSBA takes no position) Provides for equal opportunity for businesses that pay societal benefits charges to apply for certain energy-related incentives and funding.
On June 29, the bill substituted for S-1569, passed in the Senate (37-0).

A-1561 (Lampitt) Permits diversionary program for juveniles who are criminally charged for "sexting" or posting sexual images. On June 29, the bill passed in both houses (39-0/78-0).

A-1748 (Watson Coleman) (NJSBA supports) Expands membership of Domestic Violence Fatality and Near Fatality Review Board. On June 29, the bill substituted for S-2272, passed in the Senate (39-0).

A-3819 (Egan) Modifies employer unemployment insurance tax rates. On June 29, the bill substituted for S-2730, passed in the Senate (37-0).

A-4202 (McKeon) Increase gross income tax rate on income exceeding $1,000,000 for taxable years 2011 and 2012 and expands gross income tax exclusion for pensions, annuities and other retirement income for certain taxpayers beginning in 2011. On June 29, the bill substituted for S-2969, passed in the Senate.

S-737 (Sacco) Expands DNA database to include samples from certain violent arrestees. On June 29, the bill substituted for A-2594, passed in the Assembly (67-4-4).

S-972 (Allen) Clarifies that sexual assault victims are not responsible for any costs of forensic sexual assault examinations or related services. On June 29, the bill substituted for A-2597, passed in the Assembly (78-0).

S-2197 (Ruiz) (NJSBA supports) "Physician Orders for Life-Sustaining Treatment Act"; provides for use of Physician Orders for Life-Sustaining Treatment forms and requires physicians and advanced practice nurses to pursue continuing education in end-of life care. On June 29, the bill substituted for A-3475, passed in the Assembly (60-6-10).

S-2199 (Ruiz) Establishes NJ Advisory Council on End-of-Life Care in the Department of Health and Senior Services. On June 29, the bill passed in both houses (71-4/36-0).

S-2665 (Weinberg) (NJSBA supports) Repeals obsolete statutes concerning the status of women. On June 29, the bill substituted for A-3841, passed in the Assembly (78-0).

Nominations

The following nominations received advice and consent by the Senate on June 27:

JUDGE OF THE BETHLEHEM/BLOOMSBURY JOINT MUNICIPAL COURT
Robert L. Alexander, of Bethlehem Township, NJSBA member

JUDGE OF THE BUENA VISTA JOINT MUNICIPAL COURT
William S. Cappuccio, of Hammonton, NJSBA member

JUDGE OF THE DOVER JOINT MUNICIPAL COURT
Michael M. Luther, of Mount Tabor

JUDGE OF THE FAIRFIELD/DOWNE JOINT MUNICIPAL COURT
John A. Casarow, of Bridgeton, NJSBA member

JUDGE OF THE JOINT COURT OF DELAWARE VALLEY
Joseph S. Novak, of Milford, NJSBA member

JUDGE OF THE MADISON JOINT MUNICIPAL COURT
Gary Troxell, of Florham Park, NJSBA member

JUDGE OF THE MID-SALEM COUNTY JOINT MUNICIPAL COURT
John A. Casarow, of Bridgeton, NJSBA member

JUDGE OF THE SUPERIOR COURT
Patrick J. Arre, of Hoboken, NJSBA member
Peter A. Buchsbaum, of Stockton
Kathleen M. Delaney, of Haddonfield
Faustino J. Fernandez-Vina, of Barrington, NJSBA member
Margaret M. Hayden, of West Orange
Allen J. Littlefield, of Hammonton, NJSBA member
Lisa Rose, of West New York, NJSBA member
Martha T. Royster, of Bayonne, NJSBA member

JUDGE OF THE WOOLWICH JOINT MUNICIPAL COURT
William J. Golden, of Mullica Hill

ASSOCIATE JUSTICE OF THE NEW JERSEY SUPREME COURT
Anne M. Patterson, of Mendham, NJSBA member

PUBLIC DEFENDER
Joseph Krakora, of Scotch Plains

The following nominations received advice and consent by the Senate on June 29:

JUDGE OF THE LOWER ALLOWAYS CREEK AND ELSINBORO JOINT MUNICIPAL COURT AND JUDGE OF THE PILESGROVE JOINT MUNICIPAL COURT
Nicholas T. Lacovara, of Mullica Hill

JUDGE OF THE SUPERIOR COURT
Thomas M. Brown, of West Trenton, NJSBA member
Regina Caulfield, of Berkeley Heights, NJSBA member
Randal C. Chiocca, of Wayne, NJSBA member
Mark P. Ciarrocca, of Westfield
Melanie Donohue Appleby, of Toms River
Madelin F. Einbinder, of Toms River, NJSBA member
Donna Gallucio, of Prospect Park, NJSBA member
Adam E. Jacobs, of Wayne, NJSBA member
Frederic S. Kessler, of Cranford, NJSBA member
Lawrence M. Maron, of Wayne, NJSBA member
Sohail Mohammed, of Clifton, NJSBA member
Janet L. Zoltanski Smith, of Cinnaminson, NJSBA member
Daniel J. Yablonsky, of North Haledon, NJSBA member

WORKERS' COMPENSATION JUDGE
Gary Algeier, of Randolph, NJSBA member

DIRECTOR OF THE DIVISION OF CONSUMER AFFAIRS
Thomas Richard Calcagni, of Chatham Township, NJSBA member

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.