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

Capitol Report

June 20, 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.

NJSBA Action in Trenton

A-2565 (Diegnan) (NJSBA supports) Revises law relating to title recordation consistent with recommendations from the New Jersey Law Revision Commission. On June 13, former NJSBA Real Property, Trusts and Estate Law Section chair Lawrence Fineberg testified in support of the bill which was released from the Assembly Housing and Local Government Committee and is awaiting Assembly vote.

Pending Legislation

Business Law

A-3408 (Burzichelli) Concerns employee leasing companies. On June 13, the bill was released by the Assembly Regulated Professions Committee with amendments and is awaiting Assembly vote.

A-3489 (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 13, the bill was released from the Assembly Tourism and Arts Committee and referred to the Assembly Appropriations Committee.

Child Welfare

S-1570 (Turner) (Under review by the NJSBA) Establishes three categories for investigative findings of allegations of child abuse or neglect, and requires the Department of Children and Families to track and report certain unfounded cases that subsequently are substantiated. On June 13, the bill was released from the Senate Health, Human Services and Senior Citizens Committee with amendments and is awaiting Senate vote.

Elder and Disability Law

S-2117 (Kean) (NJSBA takes no position) Creates the New Jersey Senior Labor Task Force. On June 13, the bill was received in the Assembly and referred to the Assembly Labor Committee.

Family Law

S-2272 (Gordon) (NJSBA supports) Expands the membership of the Domestic Violence Fatality and Near Fatality Review Board. On June 13, the bill was released from the Senate and referred to Senate Health, Human Services and Senior Citizens Committee and is awaiting Senate vote.

Health and Hospital Law

A-3475 (Quijano) (NJSBA supports) Creates the Physician Orders for Life-Sustaining Treatment Act; provides for the 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 13, the bill was released from the Assembly Health and Senior Services Committee with a committee substitute and is awaiting Assembly vote.

A-4098 (Conaway) Provides for the designation of surrogates to make healthcare decisions for certain patients and the decision making process for patients without surrogates; establishes a demonstration program for the transition of isolated patients from inpatient care to post-acute care. On June 13, the bill was released from the Assembly Health and Senior Services Committee and is awaiting Assembly vote.

Judicial Administration

S-1531 (Rice) (NJSBA supports) Authorizes a waiver of license revocation process for certain child support obligors. On June 13, the bill was received in the Assembly and referred to the Assembly Judiciary Committee.

ACR-55 (Johnson) Proposes a constitutional amendment authorizing a statute transferring probation functions from the Judiciary to the State Parole Board. On June 13, the bill was released from the Assembly Law and Public Safety Committee with amendments and is awaiting Assembly vote.

Labor and Employment Law

S-2164 (Sweeney) Concerns employee leasing companies. On June 13, the bill was released from the Assembly Regulated Professionals Committee with amendments and is awaiting Assembly vote.

Local Government Law

S-2762 (Buono) Permits a municipality to pay commercial and industrial property tax refunds for tax years 2010 through 2011 over the subsequent three local budget years. On June 13, the bill was received in the Assembly and referred to the Assembly Housing and Local Government Committee.

Military Law and Veterans Affairs

S-299 (Allen) Authorizes marriage and entry into a civil union by proxy for certain persons serving overseas in the armed forces or National Guard. On June 13, the bill was received in the Assembly and referred to the Assembly Judiciary Committee.

Municipal Court Practice

S-248 (Bateman) (NJSBA supports) Clarifies when penalty points are to be assessed for convictions of driving in an unsafe manner. On June 13, the bill was received in the Assembly and referred to the Assembly Transportation and Public Works Committee.

Real Property Trust and Estate Law

S-805 (Vitale) Clarifies the intent of the Legislature to protect certain senior tenants; aligns housing age restrictions with federal law. On June 13, the bill was received in the Assembly and referred to the Assembly Housing and Local Government Committee.

A-2565 (Diegnan) (NJSBA supports) Revises the law relating to title recordation. On June 13, the bill was released from the Assembly Housing and Local Government Committee and is awaiting Assembly vote.

A-2836 (Diegnan) Establishes the Residential Mortgage Satisfaction Act. On June, 13, the bill was released from the Assembly Housing and Local Government Committee and is awaiting Assembly vote.

Nominations

The following nominations received advice and consent by the Senate on June 9:

JUDGE OF THE PALISADES INTERSTATE PARK MUNICIPAL COURT
Dwight D. de Stefan, of River Vale
Benjamin G. Kelsen, of Teaneck, NJSBA member
Marc A. Raso, of Oradell, NJSBA member

JUDGE OF THE SUPERIOR COURT
Keith Bachmann, of New Milford, NJSBA member
Terry Bottinelli, of Wyckoff, NJSBA member
Christine Farrington, of Wyckoff, NJSBA member
Richard S. Hoffman, of Mullica Hill, NJSBA member
Eugene J. McCaffrey, of Mullica Hill
William J. McGovern, of Lafayette, NJSBA member
Susan Steele, of Harrington Park
Mary K. White, of Woodbury
Gary Wilcox, of Harrington Park

BERGEN COUNTY BOARD OF TAXATION
Karen R. O'Shea, of Fair Lawn

NEW JERSEY HALL OF FAME ADVISORY COMMISSION
Harlan Coben, of Ridgewood
Vincent Curatola, of Upper Saddle River
Douglas J. Steinhardt, of Phillipsburg, NJSBA member

PORT AUTHORITY OF NEW YORK AND NEW JERSEY
William P. Schuber, of Oradell, NJSBA member
David S. Steiner, of West Orange

STATE PAROLE BOARD
Robert J. Riccardella, of Wood-Ridge

SUPERINTENDENT OF THE STATE POLICE
Joseph Ricardo Fuentes, of Rutherford

The following nominations were referred to the Senate Judiciary Committee on June 13:

NEW JERSEY EDUCATIONAL FACILITIES AUTHORITY
Alan De Rose, of Westfield
Vito A. Gagliardi, of Mantoloking, NJSBA member
Katherine Munson Ungar, of Mendham

NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION
Alan S. Ashkinaze, of Oradell, NJSBA member
Norman A. Feinstein, of Caldwell
Robert C. Garofalo, of Brielle, NJSBA member

STATE BOARD OF EDUCATION
Joseph Fisicaro, of Marlton

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.