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

Capitol Report

March 11, 2013

 

To learn more about the New Jersey State Bar Association’s governmental affairs efforts, visit njsba.com.

 

PENDING LEGISLATION

Criminal Law

A-588 (Spencer) (Under review by the NJSBA) Prohibits possession of ammunition capable of penetrating body armor. On Feb. 14, 2013, the bill was released from the Assembly Law and Public Safety with amendments and on Feb. 21, 2013, the bill passed in the Assembly (71-5-1).

 

A-1683 (Johnson) (Under review by the NJSBA) Criminalizes the purchase or possession of firearms ammunition by persons convicted of certain crimes. On Feb. 21, 2013, the bill passed in the Assembly (76-0-1).

 

A-2027 (Munoz) (Under review by the NJSBA) Enacts the Jessica Lunsford Act; imposes a mandatory term of imprisonment; provides for negotiated reduction of a mandatory term under certain circumstances. On Feb. 21, 2013, the bill passed in the Assembly (77-0-0).

 

A-3659 (Barnes III) (Under review by the NJSBA) Revises the definition of destructive device to include certain weapons of 50 calibers or greater. On Feb. 14, 2013, the bill was released from the Assembly Law and Public Safety Committee and amended on the Assembly floor, and on Feb. 21, 2013, the bill passed in the Assembly (46-29-0). 

 

Dispute Resolution

S-2163 (Lesniak) Concerns arbitration for certain non-teaching school staff. On Feb. 21, 2013, the bill was released from the Senate Education Committee and is awaiting Senate vote.

 

Environmental Law

A-1312 (Greenwald) Requires a report and public hearing prior to Department of Environmental Protection recommendation of a site for inclusion on the Superfund list. On Feb. 11, 2013, the bill was released from the Assembly Environmental and Solid Waste Committee with amendments and referred to the Assembly Appropriations Committee.

 

A-1447 (Gusciora) Creates the Pesticide Use Reduction Recognition Act. On Feb. 11, 2013, the bill was released from the Assembly Environmental and Solid Waste Committee with amendments and is awaiting Assembly vote.

 

Family Law

A-3544 (Dancer) (Under review by the NJSBA) Requires notification of certain domestic violence victims through the Victim Information and Notification Everyday System (VINE). On Feb. 11, 2013, the bill was released from the Assembly Judiciary Committee with amendments and referred to the Assembly Appropriations Committee.

 

Higher Education  

A-748 (Barnes, III) Directs the Higher Education Student Assistance Authority to forgive certain student loans in the event of the borrower's death. On Feb. 21, 2013, the bill was amended on the Assembly floor and is awaiting Assembly vote.

 

A-3546 (Riley) / S-2291 (Riley) Eliminates the requirement that every full-time student at an institution of higher education in New Jersey maintain health insurance coverage. On Feb. 21, 2013, the bill was amended on the Assembly floor and is awaiting Assembly vote.

                  

A-3627 (Conaway) / S-1191 (Allen) Concerns subcontracting agreements entered into by public school districts and higher education institutions. On Feb. 11, 2013, the bill was released from the Assembly Education Committee with amendments and is currently awaiting Assembly vote. On Feb. 21, 2013, the bill was released from the Senate Education Committee with amendments and is awaiting Senate vote.

 

Lesbian, Gay, Bisexual and Transgendered Rights

A-3845 (Greenwald) Provides, under certain circumstances, for immediate issuance of marriage and civil union licenses at the time license application is made. On Feb. 21, 2013, the bill was introduced and referred to the Assembly Judiciary Committee.

 

Municipal Court Practice

A-840 (McHose) Establishes reporting requirements and permissive inference for violations by motor vehicle operators approaching or passing certain horses, ponies and mules. On Feb. 14, 2013, the bill passed in the Assembly (75-0-1). On Feb. 21, 2013, the bill was received in the Senate and referred to the Senate Transportation Committee. 

 

A-1080 (Quijano)/S-69 (Codey) Increases the fine and imposes license suspension for talking or texting on a hand-held device while driving. On Feb. 14, 2013, the bill was amended on the Assembly floor and is awaiting Assembly vote.

 

Professional Responsibility and Unlawful Practice

A-3721 (Caride) Prohibits notaries public from falsely representing themselves as attorneys in advertisements. On Feb. 11, 2013, the bill was combined with A-2512 (Prieto), which was released from the Assembly Judiciary Committee with committee substitute and is awaiting Assembly vote.

 

Real Property, Trust and Estate Law

A-3818 (Singleton) Clarifies that the Uniform Electronic Transactions Act applies to real estate transactions. On Feb. 11, 2013, the bill was introduced and transferred to the Assembly Regulated Professions Committee.

 

 

BELOW ARE THE NOMINATIONS REPORTED BY THE SENATE JUDICIARY COMMITTEE ON THURSDAY, FEBRUARY 21, 2013:

*Designates NJSBA members

 

Judges of the Superior Court:

Carlia M. Brady, of Woodbridge*

Jeffrey R. Jablonski, of Kearny*

Kathleen A. Sheedy, of Cream Ridge*

Thomas J. Shusted, Jr., of Cherry Hill*

Stephen J. Taylor, of Montgomery*

 

Montclair State University Board of Trustees:

Mary A. Comito, of Roseland, to replace Christine L. Padilla

Robert Van Dyk, of Ridgewood