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

Capitol Report

June 4, 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.

 

Pending Legislation

 

BUSINESS LAW

A-1543 (Burzichelli) (NJSBA supports) (NJSBA drafted) Creates the Revised Uniform Limited Liability Company Act. On May 24, the bill passed in the Assembly (77-1).

 

CONSUMER PROTECTION

S-1979 (Scutari) (NJSBA opposes) Creates the Debt-Management Services Act of New Jersey. On May 24, the bill was introduced and referred to the Senate Commerce Committee.

 

A-1218 (Moriarty) (NJSBA takes no position) Prohibits sending unsolicited advertising by text messaging, and requires companies offering text messaging services to allow customers to block all incoming and outgoing text messages. On May 24, the bill passed in the Assembly (78-0).

 

CRIMINAL LAW

S-1964 (Addiego) (NJSBA opposes) Upgrades penalties for assaults committed against process servers and licensed private investigators and detectives. On May 24, the bill was introduced and referred to the Senate Judiciary Committee.

 

A-495 (Albano) Creates the crime of threatening the life of certain animals; designated as Dano's law. On May 24, the bill passed in the Assembly (78-0).

 

A-2105 (Coughlin) Decriminalizes possession of 15 grams or less of marijuana, imposes civil penalties, and establishes a fund for drug education. On May 24, the bill was amended on the Assembly floor and is awaiting Assembly vote.

 

A-2380 (Johnson) Establishes Alex DeCroce's Law; enhances crime victims' rights under the Crime Victim's Bill of Rights. On May 24, the bill passed in the Assembly (78-0).

 

A-2712 (Barnes) Upgrades the crime of manslaughter to aggravated manslaughter under certain circumstances. On May 24, the bill passed in the Assembly (78-0).

 

FAMILY LAW

A-1335 (Greenwald) (NJSBA opposes) Authorizes annulments of marriages and civil unions, without cause, when demanded by a party less than 30 days from the date of the ceremony; changes marriage and civil union licensing requirements and increases fees for such licenses. On May 24, the bill passed in the Assembly (44-33-1).

 

A-2984 (Vainieri Huttle) Directs a portion of the Unclaimed Child Support Trust Fund be used to balance unpaid receivables resulting from federal income tax refund offset reversals. On May 24, the bill was introduced and referred to the Assembly Judiciary Committee.

 

HEALTH AND HOSPITAL LAW

A-733 (Eustace) Prohibits healthcare facilities from discharging prescription medications into sewer or septic systems in certain circumstances. On May 24, the bill was amended on the Assembly floor and is awaiting vote in the Assembly.

 

A-2289 (Diegnan) Requires affidavits for civil actions concerning certain mental health professionals. On May 24, the bill passed in the Assembly (78-0).

 

JUDICIAL ADMINISTRATION

S-881 (Lesniak) 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 24, the bill was amended on the Senate floor and is awaiting Senate vote.

 

A-2987 (Fuentes) Places certain limitations on attorney solicitation letters. On May 24, the bill was introduced and referred to the Assembly Judiciary Committee.

 

LAND USE

S-1566 (Lesniak) Establishes the New Jersey Residential Foreclosure Transformation Act; provides an expedited process for foreclosing abandoned residential properties. On May 24, the bill was amended on the Senate floor and is awaiting Senate vote.

 

MUNICIPAL COURT PRACTICE

A-1456 (Gusciora) (NJSBA takes no position) Clarifies the authority of a municipal court to suspend driver's licenses. On May 24, the bill passed in the Assembly (78-0).

 

A-1844 (Diegnan) (support as amended) Makes discretionary driver's license suspension for a first offense of driving without motor vehicle liability insurance. On May 24, the bill was amended on the Assembly floor and is awaiting Assembly vote.

 

A-2980 (Chiusano) Applies the driving while intoxicated law to operation of certain motor vehicles in certain circumstances. On May 24, the bill was introduced and referred to the Assembly Law and Public Safety Committee.

 

SCHOOL LAW

A-2983 (Vainieri Huttle) Requires a medical examination and submission of student work portfolios for home-schooled children; provides that children under supervision of the Division of Youth and Family Services may not be home schooled. On May 24, the bill was introduced and referred to the Assembly Education Committee.

 

NOMINATIONS

 

The following nominations were reported by the Senate Judiciary Committee and received advice and consent by the Senate on May 24:

 

JUDGE OF THE SUPERIOR COURT

Robert J. Brennan, of Morris Township

Verna G. Leath, of South Orange

Thomas L. Weisenbeck, of Morris Township, NJSBA member

 

The following nominations were referred to and reported by the Senate Judiciary Committee, and received advice and consent by the Senate on May 24:

 

JUDGE OF THE SUPERIOR COURT

John L. Call, of Moorestown

Jeanne T. Covert, of Moorestown

Richard W. English, of Oakhurst, NJSBA member

Marianne Espinosa, of Summit, NJSBA member

Michael A. Guadagno, of Monmouth Beach, NJSBA member

James F. Hyland, of East Brunswick, NJSBA member

Walter Koprowski, of Verona, NJSBA member

Thomas J. LaConte, of Wayne, NJSBA member

John J. Langan, of Allendale

Colleen A. Maier, of Wenonah, NJSBA member

John T. Mullaney, of Middletown

Ned M. Rosenberg, of West Caldwell, NJSBA member

Siobhan A. Teare, of East Orange, NJSBA member

Menelaos W. Toskos, of Waldwick, NJSBA member

 

The following nomination received advice and consent by the Senate on May 24:

 

NEW JERSEY SPORTS AND EXPOSITION AUTHORITY

Michael H. Gluck, of Skillman, NJSBA member