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

Capitol Report

March 26, 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.

 

On the Governor’s Desk

 

CRIMINAL LAW

S-1468 (PDF) (Greenstein) (NJSBA supports as amended) Establishes Jessica Rogers' Law; upgrades assault by auto or vessel. On March 15, the bill substituted for A-2139, passed in the Assembly (80-0) and was sent to the governor.

 

SCHOOL LAW

A-2709 (Vainieri Huttle) Provides that a school district may implement bullying prevention programs and anti-bullying training programs at no cost through various entities, and appropriates $1 million. On March 15, the bill substituted for S-1789, passed in the Senate (35-0) and was sent to the governor.   

 

Pending Legislation

 

BUSINESS LAW

S-742 (PDF)/A-1543 (PDF) (Sarlo/Burzichelli) (NJSBA supports) Creates the Revised Uniform Limited Liability Company Act. On March 15, both bills were amended and are awaiting vote in the Senate and the Assembly.

 

CHILD WELFARE

A-2742 (PDF) (Vainieri Huttle) (Under review by the NJSBA) Expands the means to obtain a protective order for a minor. On March 15, the bill was introduced and referred to the Assembly Judiciary Committee.   

 

CRIMINAL LAW

S-1798 (PDF) (Turner) (NJSBA opposes) Upgrades the crime of stalking when a victim is less than 18 years old. On March 15, the bill was introduced and referred to the Senate Judiciary Committee.

 

A-1035 (PDF) (Bucco) (NJSBA opposes) Upgrades burglary of a residence as a crime of the second degree; upgrades it to a crime of the first degree if committed while armed. On March 15, the bill passed in the Assembly (69-8-2).

 

CONSUMER PROTECTION

S-1805 (PDF) (Van Drew) (Under review by the NJSBA) Creates the Consumer Credit Fairness Act. On March 15, the bill was introduced and referred to the Senate Commerce Committee.

 

S-1807 (PDF) (Van Drew) (NJSBA supports w/amendments) Establishes the New Jersey Fair Debt Collection Practices Act. On March 15, the bill was introduced and referred to the Senate Commerce Committee.

 

A-1511 (PDF) (Burzichelli) (NJSBA supports) Regulates advertising of manufacturer’s rebates by retail mercantile establishments. On March 15, the bill passed in the Assembly (41-37-1).

 

A-2205 (PDF) (DeAngelo) (NJSBA supports w/amendments) Invalidates consumer contracts that require a waiver of right to file a consumer complaint. On March 15, the bill passed in the Assembly (79-0).

 

ELDER AND DISABILITY LAW

S-1796 (PDF) (Turner) Establishes the Naturally Occurring Retirement Community Pilot Program; appropriates $250,000. On March 15, the bill was introduced and referred to the Senate Health, Human Services and Senior Citizens Committee.

 

S-1799 (PDF) (Turner) (NJSBA opposes) Upgrades assault on victims who are disabled. On March 15, the bill was introduced and referred to the Senate Judiciary Committee.

 

A-2737 (PDF) (Coughlin) Clarifies the intent of the Legislature to protect certain senior tenants; aligns housing age restrictions with federal law. On March 15, the bill was introduced and referred to the Assembly Housing and Local Government Committee.

 

FAMILY LAW

A-2201 (PDF) (Chivukula) (NJSBA takes no position) Authorizes certified celebrants to solemnize marriages and civil unions. On March 15, the bill passed in the Assembly (66-10).

 

A-2743 (PDF) (Vainieri Huttle) (NJSBA opposes) Authorizes the issuance of restraining orders in situations where the domestic violence statutes do not apply. On March 15, the bill was introduced and referred to the Assembly Judiciary Committee.   

 

JUDICIAL ADMINISTRATION

A-763 (PDF) (Barnes) (NJSBA opposes) Authorizes the Judiciary to revise and supplement court filing fees and other statutory fees to fund a statewide digital e-court information system, to fund Legal Services of New Jersey, and to fund other justice-related programs. On March 15, the bill passed in the Assembly (64-14-1).

 

LABOR AND EMPLOYMENT

A-2650 (PDF) (Lampitt) Provides that unlawful employment practice occurs each time an individual is affected by a decision or practice, including each time compensation is paid. On March 15, the bill passed in the Assembly (49-26-4).

 

Taxation

S-1793 (PDF) (Turner) Provides that certain alimony payments may be deducted from gross income for purposes of the Homestead Property Tax Credit Act. On March 15, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

 

Nominations

 

The following nominations received advice and consent by the Senate on March 16:

 

JUDGE OF THE SUPERIOR COURT

H. Matthew Curry, of Lopatcong Township, NJSBA member

J. Christopher Gibson, of Cape May Court House, NJSBA member

Robert G. Malestein, of Hopewell Township, NJSBA member

James R. Swift, of Millville, NJSBA member

 

NEW JERSEY AUTOMOBILE INSURANCE RISK EXCHANGE BOARD OF DIRECTORS

Richard A. Hubschman, of Cresskill, NJSBA member

 

ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Michael L. Cunniff, of Belle Mead

 

DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL

Michael I. Halfacre, of Fair Haven

 

SECRETARY OF HIGHER EDUCATION

Rochelle R. Hendricks, of Fair Haven

 

WARREN COUNTY PROSECUTOR

Richard T. Burke, of Hackettstown, NJSBA member

 

The following nominations were referred to the Senate Judiciary Committee on March 16:

 

COUNCIL ON ARMED FORCES AND VETERANS' AFFAIRS

Frank C. Muzzi, of Oakhurst

Felix E. Roque, of West New York

 

NEW JERSEY STATE BOARD OF MEDIATION

Robert Critchley, of Great Meadows

Marc L. Gallo, of Lyndhurst

 

STATE POLICE RETIREMENT SYSTEM OF NJ BOARD OF TRUSTEES

Domenic M. DiPiero, of Rumson