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

Capitol Report

June 18, 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.

 

NJSBA ACTION IN TRENTON

 

A-1521 (PDF) (Burzichelli) (NJSBA supports) Modifies the process for contested case hearings by the Office of Administrative Law (OAL) with regard to telephone and video conferences, delegation of final decision authority, oral decisions, checklist decisions, electronic filings, and settlements. On June 7, NJSBA Administrative Law Section Chair Paul Josephson testified before the Assembly Regulatory Oversight and Gaming Committee. The bill was released and is awaiting Assembly vote.

 

Pending Legislation

 

ADMINISTRATIVE LAW

 

A-1524 (PDF) (Burzichelli) (Under review by the NJSBA) Revises the Administrative Procedure Act (APA), P.L.1968, c.410 (C.52:14B-1 et seq.), to establish two procedures by which conflicts or inconsistencies between rules of different agencies can be resolved. On June 7, the bill was released from the Assembly Regulatory Oversight and Gaming Committee and is awaiting Assembly vote.

 

CRIMINAL LAW

A-2079 (PDF) (Munoz) Increases penalties for harboring or concealing certain sex offenders. On June 7, the bill was release from the Assembly Law and Public Safety Committee with a substitute and was referred to the Assembly Appropriations Committee.

 

ELDER AND DISABILITY LAW

S-1755 (PDF) (Madden) (NJSBA supports) (NJSBA-drafted) Establishes the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act. This bill would establish uniform procedures to resolve interstate conflicts and uncertainty in cases when an adult is subject to guardianship proceedings in more than one state, or in a state and another country, where the adult has contacts or property in each place. In addition to setting forth mechanisms by which primary jurisdiction can be determined, the bill addresses communications and the sharing of information between courts concerning guardianship and protective proceedings. On May 31, the bill passed in the Senate (36-0), and on June 7, the bill was received in the Assembly and referred to the Assembly Judiciary Committee.

 

ENVIRONMENTAL LAW

A-1888 (PDF) (Milam) Requires license suspension of certain healthcare professionals and medical waste facilities, generators, and transporters for willful illegal or improper medical waste disposal. On June 7, the bill was released from the Assembly Regulated Professions Committee and is awaiting Assembly vote.

 

HIGHER EDUCATION

A-748 (PDF) (Barnes) Directs the Higher Education Student Assistance Authority (HESAA) to forgive student loans under the New Jersey College Loans to Assist State Students (NJCLASS) Loan Program in the event of the borrower’s death. On June 7, the bill was released from the Assembly Higher Education Committee and referred to the Assembly Appropriations Committee.

 

JUDICIAL ADMINISTRATION

S-881 (PDF) (Lesniak) (Under review by the NJSBA) Amends the special probation statute to give judges additional discretion to admit certain offenders to the "drug court" program; establishes a pilot program for mandatory admission to special probation. On May 31, the bill passed in the Senate (33-2), and on June 7, the bill was received in the Assembly and referred to the Assembly Judiciary Committee.

 

S-2062 (PDF) (Sweeney) (NJSBA supports) Authorizes the Judiciary to revise or supplement fees, subject to limitations, to fund an e-court information system and Legal Services of New Jersey; provides for the review of such fees by the Judiciary. On June 7, the bill was introduced and referred to the Senate Judiciary Committee.

 

LABOR AND EMPLOYMENT LAW

S-1933 (PDF) (Sweeney) Provides that unlawful employment practice occurs each time an individual is affected by a decision or practice, including each time compensation is paid. On June 7, the bill was released from the Senate Labor Committee and is awaiting Senate vote.

 

S-455 (PDF) (Turner) (Under review by the NJSBA) Prohibits employers from obtaining, requiring, or discriminating on the basis of credit reports. On June 7, the bill was referred to the Assembly Labor Committee.

 

MUNICIPAL COURT PRACTICE

A-1074 (PDF) (Quijano) (NJSBA opposes) Establishes 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 7, the bill was released from the Assembly Law and Public Safety Committee with a substitute and was referred to the Assembly Appropriations Committee.

 

Nominations

The following nominations were referred to the Senate Judiciary Committee on June 7:

 

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
Henry P. Butehorn, of Middletown

ATLANTIC COUNTY PROSECUTOR
James P. McClain, of Hamilton

MORRIS COUNTY PROSECUTOR
Fredric M. Knapp, of Randolph, NJSBA member

OCEAN COUNTY PROSECUTOR
Joseph D. Coronato, of Toms River, NJSBA member

 

Public Notices

 

The New Jersey Law Revision Commission will meet on June 21 to review the following agenda:

 

1. Uniform Electronic Legal Material Act—Consideration of a memorandum (PDF) summarizing the act for commission review.

 

2. Uniform Interstate Depositions and Discovery Act—Consideration of a memorandum (PDF) regarding this uniform act.

 

3. Property—Further consideration of a project to revise basic statutes pertaining to real property, including a draft tentative report (PDF) with table of dispositions.

 

4. Mortgage Recording—A revised draft tentative report (PDF) concerning the recording of mortgage assignments.

 

Documents related to the above agenda may be obtained on the New Jersey Law Revision’s website at http://www.lawrev.state.nj.us/agenda.html.