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

Capitol Report

May 9, 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.

New Laws

P.L.2011, c.59 (Whelan) Phases-in a single sales fraction for the corporation business tax income allocation formula over three years, and establishes an airline-specific sales fraction. On April 28, S-2753 was signed by the governor.

P.L.2011, c.60 (Buono) Establishes an alternative business calculation under the gross income tax to permit consolidation and carry forward of certain business-related losses. On April 28, S-2754 was signed by the governor.

Filed with the Secretary of State

SR-101 (Greenstein) Urges Congress and the president to provide funding and other incentives to states to promote electric and hybrid vehicle usage. On April 28, the resolution passed by voice vote and was filed with the secretary of state.

On the Governor's Desk

A-3744 (O'Donnell) Requires birthing facilities to screen newborns for congenital heart defects prior to discharge. On April 28, the bill substituted for S-2752, passed in the Senate (35-0) and was sent to the governor.

S-2065 (Norcross) Provides for the development of a searchable "Bulletin NJ" local public bidding and employment database. On April 28, the Senate concurred with the governor's recommendations (34-0).

S-2126 (Whelan) Permits development of solar and wind facilities and structures on landfills and resource extraction operations under certain circumstances. On April 28, the bill passed in the Senate (33-0).

S-2308 (Sarlo) (NJSBA opposes) Provides a parole board with the discretion to reconsider parole eligibility for certain crimes after a certain period of time. On April 28, the Senate concurred with the governor's recommendations (34-1).

Pending Legislation

BUSINESS LAW

S-2729 (Norcross) Authorizes a local public contract set-aside program for business enterprises that are owned by or employ veterans. On April 28, the bill passed in the Senate (35-0).

CRIMINAL LAW

S-2328 (Turner) Upgrades the crime of invasion of privacy under certain circumstances; eliminates presumption of non-imprisonment. On April 28, the bill was released from the Senate Judiciary Committee and referred to the Senate Budget and Appropriations Committee.

S-2731 (Girgenti) Establishes that certification for a police training course lasts five years. On April 28, the bill passed in the Senate (35-0).

ELDER AND DISABILITY LAW

S-1797 (Norcross) Allows a student who is eligible for special education programs and services for autism or other developmental disability to bring a medically recommended service dog to school. On April 28, the bill passed in the Senate (34-0).

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.