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

Capitol Report

July 5, 2010

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 New Jersey State Bar Association representatives before legislative committees, and the involvement of the association as amicus in appellate court matters. The state bar association's government affairs department 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.

On the Governor's Desk

Banking Law

A-3005 (Coyle) Eliminates the current dedication of certain insurance premium taxes to the Department of Banking and Insurance for the payment of administrative costs related to its statutory duties. Instead, the revenue from these taxes will now be retained in the general fund and an equal amount of revenue will be generated for those administrative costs of the department through an increase in the special purpose assessment charged insurance carriers. On June 28 the bill substituted for S-2096, passed in the Senate (21-18) and was sent to the governor.

Business Law

S-2097 (Kyrillos) Directs transfer of up to $22 million to support the Main Street Business Assistance Program, provides for program's continuation, and confers general power on the New Jersey Economic Development Authority to collect certain fees. On June 28 the bill substituted for A-3004, passed in the Assembly (41-37) and was sent to the governor.

Criminal Law

A-973 (Johnson) Creates the Juvenile Transfer Task Force. On June 28, the bill passed in the Senate (37-1) and was sent to the governor.

Government and Public Sector

S-2089 (Pennacchio) Abolishes the Department of the Public Advocate and transfers certain functions, powers and duties. On June 28 the bill substituted for A-2985, passed in the Assembly (41-37) and was sent to the governor.

A-559 (Cryan) (NJSBA supports) Decreases the fees set for copies of documents in various parts of the New Jersey statutes relating to government entities, excluding the court system. On June 28, the bill substituted for S-1212, passed in the Senate and was sent to the governor.

A-914 (Chivukula) Directs the Chief Technology Officer in the Office of Information Technology to study and report potential benefits of expanding the use of electronic transactions, including the use of electronic signature and electronic record by the State. On June 28, the bill passed in the Assembly (78-0) and was sent to the governor.

A-3001 (Malone) Makes FY 2010 State and federal supplemental appropriations totaling $454,509,000, reduces FY 2010 appropriations by $727,892,000, and amends and supplements various language provisions affecting appropriations in FY 2010. On June 28, the bill substituted for S-2142, passed in the Senate (21-19) and was sent to the governor.

Health and Hospital Law

A-226 (Quigley) Directs Medicaid to establish medical home demonstration project. On June 28, the bill passed in the Assembly (77-0) and was sent to the governor.

A-3003 (Malone) Removes cap on .53% hospital total operating revenue assessment and raises cap on ambulatory care facility gross receipts assessment to increase charity care subsidy monies. On June 28 the bill substituted for S-2143, passed in the Senate (21-17) and was sent to the governor.

Real Property Trust and Estate Law

A-584 (Cryan) Concerns newspaper publication of notice of certain real estate sales. On June 28 the bill substituted for S-1741, passed in the Senate (22-12) and was sent to the governor.

A-3002 (O'Scanlon) Adjusts time periods for presumptions of abandonment, limits issuer imposed dormancy fees and provides for related administration for certain unclaimed property. On June 28 the bill substituted for S-2112, passed in the Senate (21-18) and was sent to the governor.

School Law

A-355 (Jasey) Establishes a permanent Inter-district Public School Choice Program. On June 28, the bill passed in the Assembly (78-0) and was sent to the governor.

A-2137 (Conners) Provides for educational stability of children placed in resource family homes and that school district of residence for the child shall be present district of residence of parent or guardian. On June 28 the bill passed in the Assembly (77-0) and was sent to the governor.

A-2300 (Wagner) Clarifies school district eligibility to receive State funding for special education evaluation services for children enrolled in New Jersey nonpublic school and living out-of-State. On June 28 the bill substituted for S-1762, passed in the Senate (37-0) and was sent to the governor.

A-2794 (Prieto) Permits school boards to charge certain students for remedial or advanced courses provided during summer school. On June 28 the bill substituted for S-1974, passed in the Senate (27-8) and was sent to the governor.

Taxation Law

S-1813 (Madden) Reduces employer unemployment taxes during fiscal year 2011. On June 28 the bill passed in the Assembly (70-2-6) and was sent to the governor.

A-3011 (Wolfe) Provides a temporary reduction of the annual cap imposed on the corporation business tax benefit certificate transfer program available to certain technology and biotechnology companies, and temporarily suspends the tax credits provided for qualified film and qualified digital media content production expenses under the corporation business and gross income taxes. On June 28 the bill substituted for S-2091, passed in the Senate (21-19) and was sent to the governor.

A-3016 (Thompson) Reduces benefit under State earned income credit program from 25 percent of federal credit amount to 20 percent beginning in Tax Year 2010. On June 28, the bill substituted for S-2101, passed in the Senate (21-19) and was sent to the governor.

Nominations

The following nominations received advice and consent by the Senate (State bar association members are listed in bold text):

JUDGE OF THE SUPERIOR COURT
Joseph Charles, of Jersey City
Bernadette DeCastro, of Watchung
Mitchel Ostrer, of Princeton
Diane Pincus, of North Brunswick
Joseph Rea, of Piscataway
Raymond Reddin, of Totowa

MEMBER AND CHAIR OF THE STATE PAROLE BOARD
James T. Plousis, of Ocean City

NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
Ronald Defilippis, of Succasunna

STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Richard F. Smith, of Convent Station

COMMISSIONER OF THE DEPARTMENT OF CHILDREN AND FAMILIES
Allison M. Blake, of Raritan Township

DIRECTOR OF THE DIVISION OF BANKING
Garret Komjathy, of Middletown

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.