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

Capitol Report

March 7, 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.

On the Governor's Desk

S-189 (Haines) Establishes penalties for the use of a bump key to commit certain crimes. On Feb. 17, the bill substituted for A-2371, passed in the Assembly (77-0) and was sent to the governor.

S-817 (Vitale) Permits certain patient data to be reported to the Department of Health and Senior Services under the Health Care Facility-Associated Infection Reporting and Prevention Act. On Feb. 17, the bill substituted for A-2890, passed in the Assembly (75-0) and was sent to the governor.

S-923 (Whelan) Changes the date for mail-in ballot transmission from the 40th to 45th day before an election, with certain exceptions; permits a referendum on the school levy cap and municipal levy cap to occur on the same day. On Feb. 17, the bill substituted for A-2545, passed in both the Senate (39-0) and the Assembly (77-0) and was sent to the governor.

S-1841 (Singer) Clarifies that Department of Corrections investigators are police officers. On Feb. 17, the bill substituted for A-2712, passed in the Assembly (73-0-4) and was sent to the governor.

S-1940 (Van Drew) Requires that the monetary equivalent of any wage or benefit concession agreed to by a collective bargaining unit be used by the school district to offset any reduction in force initiated for economic reasons. On Feb. 17, the bill substituted for A-2772, passed in the Assembly (69-8) and was sent to the governor.

S-2064 (Norcross) Allows certain plumbers and heating, ventilating, air conditioning and refrigeration contractors to perform propane services. On Feb. 17, the bill substituted for A-3611, passed in the Assembly (77-0), and was sent to the governor.

S-2068 (Gill) Provides a dedicated line item on property tax bills to fund municipal free public libraries and joint free public libraries. On Feb. 17, the bill passed in the Senate (40-0) and was sent to the governor.

S-2130 (Sarlo) Revises the sales and use tax to maintain compliance with certain terms and conditions of the Streamlined Sales and Use Tax Agreement. On Feb. 17, the bill substituted for A-3058, passed in the Assembly (77-0), and was sent to the governor.

A-444 (Green) Disqualifies a member of a board of education or a member of a charter school board of trustees for conviction of certain crimes, and requires a member to undergo a criminal history background investigation. On Feb. 17, the bill passed in the Assembly (76-0-1) and was sent to the governor.

A-1705 (Burzichelli) Revises various off-track wagering provisions of the Off-Track and Account Wagering Act. On Feb. 17, both the Senate (39-0) and the Assembly (77-0) concurred with the governor's veto and sent the bill back to the governor.

A-2416 (Fuentes) Modifies procedures available under the Drug Offender Restraining Order Act. On Feb. 17, the bill substituted for S-1782 and was sent to the governor.

A-2592 (Wisniewski) Establishes Sara's Law; requires the Motor Vehicle Commission to establish a next-of-kin program. On Feb. 17, the bill passed in the Assembly (75-0) and was sent to the governor.

A-2670 (Schaer) Establishes the Reinsurance and Surplus Lines Stimulus and Enhancement Act. On Feb. 17, the bill substituted for S-2010, passed in the Senate (38-0) and was sent to the governor.

A-2721 (Burzichelli) Changes the five-year chapter expiration date for rules to seven years; changes procedures for readoption of rules. On Feb. 17, the bill passed in the Assembly (76-0) and was sent to the governor.

A-3094 (Coughlin) Permits the Department of Transportation to contract with a county or municipality for certain work on highways to prevent public hazards. On Feb. 17, the bill passed in the Assembly (77-0) and was sent to the governor.

A-3272 (McKeon) Allows municipalities to reexamine their municipal master plan every 10 years. On Feb. 17, the bill substituted for S-2433, passed in the Senate (39-0) and was sent to the governor.

Pending Legislation

Animal Law

S-2541 (Madden) Enhances the penalty for killing a police dog or a dog engaged in search and rescue efforts. On Feb. 22, the bill was received in the Assembly and referred to the Assembly Law and Public Safety Committee.

S-2714 (Cardinale) Establishes $100 to $500 fine for an owner of an animal that attacks, injures, or otherwise interferes with law enforcement animals, search and rescue dogs, or service dogs; designated as Dusty's Law. On Feb. 22, the bill was introduced and referred to the Senate Law and Public Safety Committee.

Election Law

S-2727 (Norcross) Permits voter registration of certain persons at age 17 for voting in the next election occurring on or after their 18th birthday. On Feb. 22, the bill was introduced and referred to the Senate State Government, Wagering, Tourism and Historic Preservation Committee.

A-3832 (Ramos) Prohibits an attorney serving as an elected local government officer in a municipality from representing the campaign of a candidate for elective office in that municipality to contest election results. On Feb. 22, the bill was introduced and referred to the Assembly Housing and Local Government Committee.

Health and Hospital Law

S-958 (Vitale) Permits limited pharmacy sales of syringes and needles without a prescription. On Feb. 22, the bill was received in the Assembly and referred to the Assembly Health and Senior Services Committee.

A-3836 (Conaway) Clarifies statutory exemptions from mandatory immunizations for students. On Feb. 22, the bill was introduced and referred to the Assembly Health and Senior Services Committee.

A-3863 (Quijano) Allows a person with a penicillin allergy to voluntarily make a notation on their drivers license. On Feb. 22, the bill was introduced and referred to the Assembly Transportation and Public Works Committee.

Local Government Law

A-3826 (Prieto) Requires each nonprofit corporation operating in the state that accepts state funds to hold quarterly board meetings that include time for public participation. On Feb. 22, the bill was introduced and referred to the Assembly State Government Committee.

A-3829 (Polistina) Permits a public referendum on certain bond ordinances in municipalities operating under the Walsh Act. On Feb. 22, the bill was introduced and referred to the Assembly Housing and Local Government Committee.

A-3835 (Ryan) Clarifies the enforcement responsibility of the state Housing Code concerning multiple dwellings from municipalities to the state under the Hotel and Multiple Dwelling Law. On Feb. 22, the bill was introduced and referred to the Assembly Housing and Local Government Committee.

A-3857 (Prieto) Authorizes certain municipalities to establish safety requirements for certain bars and taverns. On Feb. 22, the bill was introduced and referred to the Assembly Housing and Local Government Committee.

Real Property Trust and Estate Law

A-3827 (Prieto) Creates the Appraisal Management Company Registration Act; establishes registration requirements for real estate appraisal management companies that employ licensed and certified real estate appraisers to provide appraisal services in New Jersey. On Feb. 22, the bill was introduced and referred to the Assembly Regulated Professions Committee.

School Law

A-3834 (Ramos) Requires the Department of Education to biannually distribute a letter to school districts reminding them of the requirement to enroll resident students regardless of immigration status. On Feb. 22, the bill was introduced and referred to the Assembly Education Committee.

Taxation

A-3828 (DiMaio) Excludes gains on sales of certain real estate purchases from taxation under the corporation business tax and gross income tax. On Feb. 22, the bill was introduced and referred to the Assembly Commerce and Economic Development Committee.

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.