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

Capitol Report

July 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.

 

Gubernatorial Action

 

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 29, the governor issued an absolute veto of this legislation.

 

S-2013 (Sarlo) Appropriates $31,741,467,000 in state funds and $12,368,238,000 in federal funds for the state budget for fiscal year 2012-2013. On June 29, the governor signed into law the 2013 Appropriation Act after exercising his line item veto to reduce funding for Legal Service of New Jersey by $4.9 million.

 

On the Governor’s Desk

 

JUDICIAL ADMINISTRATION

S-881 (PDF) (Lesniak) Eliminates prosecutorial objection to admission to a drug court program; expands eligibility and provides for a 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.

 

LAND USE

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.

 

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) Establishes Kulesh and Kubert's, and Bolis Law; establishes violation of the 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.

 

Pending Legislation

 

BUSINESS LAW

A-1887 (PDF) (Milam) Prohibits the imposition of the corporation business tax on certain foreign corporations carrying passengers into and out of state in a motor vehicle or motorbus. On June 28, the bill was received in the Senate and referred to the Senate Transportation Committee.

 

A-2315 (PDF) (Chivukula) Expands the scope of the New Jersey Regulatory Flexibility Act dealing with the economic impact of rules on small businesses. On June 28, the bill was received in the Senate and referred to the Senate Economic Growth Committee.

 

CRIMINAL LAW

S-1226 (PDF) (Vitale) Regulates teen nights by requiring security provided by police officers; prohibits persons under age 15 from attending; disqualifies registered sex offenders from employment. On June 28, the bill passed in the Senate (31-5).

 

ELDER AND DISABILITY LAW

A-2737 (PDF) (Coughlin) Clarifies the intent of the Legislature to protect certain senior tenants; aligns housing age restrictions with federal law. On June 28, the bill substituted for S-897, passed in the Senate (21-15) and was received in the Assembly to concur with Senate amendments.

 

FAMILY LAW

A-2128 (PDF) (Burzichelli) (NJSBA supports) Permits freeholders and municipal clerks to solemnize marriage and civil union ceremonies. On June 28, the bill was received in the Senate and referred to the Senate Judiciary Committee.

 

AJR-32 (PDF) (Singleton) (NJSBA supports) Establishes a commission to study alimony law. On June 28, the bill was received in the Senate and referred to the Senate Environment and Energy Committee.

 

S-1051 (PDF) (Connors) (NJSBA supports) Concerns child custody and parenting time arrangements related to certain military absences. On June 28, the bill passed in the Senate (39-0).

 

HEALTH LAW

A-1888 (PDF) (Milam) Allows license suspension or revocation of certain healthcare professionals and medical waste facilities, generators, and transporters for willful illegal or improper medical waste disposal. On June 28, the bill was received in the Senate and referred to the Senate Commerce Committee.

 

REGULATES PROFESSIONS

A-2987 (PDF) (Fuentes) (NJSBA opposes) Places certain limitations on attorney solicitation letters, criminalizing the failure to comply as a disorderly persons offense. On June 28, the bill was received in the Senate and referred to the Senate Judiciary Committee.

 

NOMINATIONS

 

On June 28, the following nomination was referred to, and reported by the Senate Judiciary Committee; and received advice and consent by the Senate:

 

JUDGE OF THE TAX COURT

Mary Siobhan Brennan, of Hamilton

 

On June 28, the following nominations were reported by the Senate Judiciary Committee and received advice and consent by the Senate:

 

JUDGE OF THE SUPERIOR COURT

Edward J. DeFazio, of Jersey City, NJSBA member

Bernard E. DeLury, of Brigantine, NJSBA member

Paula T. Dow, of Willingboro, NJSBA member

Wayne J. Forrest, of Hillsborough, NJSBA member

Christopher J. Garrenger, of Lambertville, NJSBA member

Linda L. Lawhun, of Vineland, NJSBA member

Janetta D. Marbrey, of Ewing, NJSBA member

Mirtha Ospina, of Hoboken, NJSBA member

Michael A. Toto, of Monroe, NJSBA member

Joseph A. Turula, of Jersey City, NJSBA member

John A. Young, of Secaucus, NJSBA member

 

WORKERS' COMPENSATION JUDGE

Sarah L. Minor, of Logan Township

 

On June 28, the following nominations received advice and consent by the Senate:

 

JUDGE OF THE FRANKLIN TOWNSHIP JOINT MUNICIPAL COURT

 Joan S. Adams, of Swedesboro, NJSBA member

 

JUDGE OF THE SUPERIOR COURT

Michael Blee, of Linwood, NJSBA member

Noah Bronkesh, of Linwood, NJSBA member

Cristen P. D'Arrigo, of Hopewell Township

Steven J. Polansky, of Cherry Hill, NJSBA member

Peter E. Warshaw, of Middletown, NJSBA member

 

WORKERS' COMPENSATION JUDGE

Yolanda Adrianzen, of Paterson, NJSBA member

Kenneth G. Campen, of Little Falls

Nicholas P. Ruggiero, of Long Valley, NJSBA member

 

ADMINISTRATIVE LAW JUDGE

Linda M. Kassekert, of Pennsauken, NJSBA member

Damon G. Tyner, of Egg Harbor Township