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

Capitol Report

November 15, 2010

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.

Pending Legislation

Banking Law

A-359 (Schaer) (Under review by the NJSBA) Establishes the Foreclosure Rescue Fraud Prevention Act. On Nov. 8, the bill was received in the Senate and referred to the Senate Commerce Committee.

Business Law

A-921 (Chivukula) (Under review by the NJSBA) Establishes the New Jersey Trade Secrets Act. On Nov. 8, the bill was received in the Senate and referred to the Senate Commerce Committee.

Consumer Protection

A-3433 (Barnes) (Under review by the NJSBA) Limits the forum of consumer contract disputes to New Jersey. On Nov. 8, the bill was released from the Assembly Consumer Affairs Committee and is awaiting Assembly vote.

A-3434 (Moriarty) (Under review by the NJSBA) Amends and supplements the current arbitration law in New Jersey to protect consumers from contracts that are unconscionable. On Nov. 8, the bill was released from the Assembly Consumer Affairs Committee and is awaiting Assembly vote.

A-3435 (Diegnan) (Under review by the NJSBA) Establishes certain consumer protections related to arbitration organizations. On Nov. 8, the bill was released from the Assembly Consumer Affairs Committee and is awaiting Assembly vote.

A-3468 (Milam) (Under review by the NJSBA) Extends protections of the new vehicle lemon law to new motor vehicle farm equipment purchased or leased in New Jersey. On Nov. 8, the bill was introduced and referred to the Assembly Consumer Affairs Committee.

Criminal Law

S-911 (Girgenti) (NJSBA takes no position) Upgrades penalties for assaulting certain healthcare professionals and workers at healthcare facilities and human services and veterans' facilities. On Nov. 8, the bill was received in the Senate and is awaiting Senate vote to concur with Assembly amendments.

A-1491 (Riley) (Under review by the NJSBA) Imposes certain bail restrictions on persons charged with violating domestic violence restraining orders. On Nov. 8, the bill was received in the Senate and referred to the Senate Judiciary Committee.

Election Law

S-557 (Cunningham) (NJSBA supports) Allows persons on parole and probation to vote; provides registration assistance to persons on probation, parolees, and persons completing sentences. On Nov. 8, the bill was transferred to the Senate Law and Public Safety Committee.

Government and Public Sector

A-3467 (Vainieri Huttle) (NJSBA opposes) Requires government records to be made available on the Internet. On Nov. 8, the bill was introduced and referred to the Assembly State Government Committee.

Health and Hospital Law

A-1997 (Conaway) (Under review by the NJSBA) Permits a person covered by certain managed care plans to receive covered services from a network provider without obtaining a written referral from a primary care provider. On Nov. 8, the bill was released from the Assembly Health and Senior Services Committee and is awaiting Assembly vote.

A-3263 (Johnson) (Under review by the NJSBA) Requires hospitals to report certain injuries to local and state police. On Nov. 8, the bill was released from the Assembly Law and Public Safety Committee and is awaiting Assembly vote.

Insurance Law

A-2360 (Schaer) (Under review by the NJSBA) Regulates captive insurers. On Nov. 8, the bill was received in the Senate and referred to the Senate Commerce Committee.

Labor and Employment Law

S-1791 (Turner) (Under review by the NJSBA) Prohibits employment discrimination on the basis of credit history or financial status. On Nov. 8, the bill was released from the Senate Labor Committee with a committee substitute and is awaiting Senate vote.

A-3359 (Barnes) (Under review by the NJSBA) Prohibits the practice of excluding unemployed individuals in advertisements for job vacancies. On Nov. 8, the bill was released from the Senate Labor Committee and is awaiting Senate vote.

Local Government Law

S-1 (Lesniak) (NJSBA takes no position) Reforms procedures concerning provision of affordable housing and abolishes the Council on Affordable Housing (COAH). On Nov. 8, the bill was released from the Assembly Housing and Local Government Committee with amendments and is awaiting Assembly vote.

A-3447 (Green) (Under review by the NJSBA) Reforms procedures concerning provision of affordable housing; abolishes Council on Affordable Housing. On Nov. 8, the bill was released from the Assembly Housing and Local Government Committee with committee amendments and referred to Assembly Appropriations Committee.

Public Utilities

A-3455 (McKeon) (Under review by the NJSBA) Permits electric public utilities, electric power suppliers and basic generation service providers to enter into certain agreements with building owners for use of solar energy systems for such buildings. On Nov. 8, the bill was introduced and referred to the Assembly Telecommunications and Utilities Committee.

Renewable Energy, Cleantech and Climate Control

A-2529 (Chivukula) (Under review by the NJSBA) Revises certain definitions in P.L.1999, c.23 concerning alternative energy technologies. On Nov. 8, the bill was received in the Senate and referred to the Senate Environment and Energy Committee.

A-3458 (Cryan) (Under review by the NJSBA) Encourages development of electric vehicle charging stations in transportation projects. On Nov. 8, the bill was introduced and referred to the Assembly Transportation and Public Works Committee.

School Law

A-3466 (Vainieri Huttle) (Under review by the NJSBA) Establishes the Anti-Bullying Bill of Rights Act. On Nov. 8, the bill was introduced and referred to the Assembly Education Committee.

Taxation

S-1124 (Van Drew) (Under review by the NJSBA) Prohibits imposition of corporation business tax on certain foreign corporations carrying passengers into and out of state in a motor vehicle or motorbus. On Nov. 8, the bill was transferred to the Senate State Government, Wagering, Tourism and Historic Preservation Committee.

Nominations

The following nominations were referred to the Senate Judiciary Committee on Nov. 8:

FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY
James Gorman, of Colts Neck, NJSBA member
Robert Lucky, of Fair Haven
Michael Pane, of Fair Haven, NJSBA member

Public Notices

The New Jersey Law Revision Commission meeting will meet on Nov. 18 to discuss the following agenda:

  • Door-to-Door Sales — Consideration of a memorandum proposing revision of the statute to avoid preemption and reflect federal regulations.
  • Pejorative Terms Regarding Mental Capacity — Consideration of a memorandum proposing a new project based on the commission's final report on pejorative terms.
  • Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act — Consideration of a draft tentative report.
  • Effect of Abstentions — Consideration of a rough draft tentative report on the effect of the abstention from voting by a member of a public body.
  • Title 39 — State v. Moran — Consideration of a memorandum prepared in response to commission comments on the proposed statutory language previously drafted in response to the decision of the New Jersey Supreme Court in State v. Moran.
  • New Jersey Debt Management Services Act — Consideration of a memorandum addressing four issues on which staff seeks commission guidance.
  • Title 46 Property — Consideration of a memorandum containing revised statutory language and the elimination of anachronistic sections of Title 46 found in chapters 3, 3A, 6, 7, 10 and 11 of the title.

Documents related to this agenda can be obtained online at http://www.lawrev.state.nj.us/agenda.html

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.