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

Capitol Report

Nov. 19, 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.

 

New Laws

 

P.L.2012, c.1 (PDF)(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 26, A-2709 was signed by the governor.

 

P.L.2012, c.22 (PDF) (Quijano) (NJSBA opposes) Creates Kulesh and Kubert's, and Bolis Law; establishes the violation of the hands‑free cell phone law as reckless under vehicular homicide and assault by auto statutes. On July 18, A-1074 was signed by the governor.

 

P.L.2012, c.23 (PDF) (Lesniak) Eliminates prosecutorial objection to admission to a drug court program; expands eligibility and provides for a phased-in mandatory drug court program. On July 19, S-881 was signed by the governor.

 

P.L.2012, c.3 (PDF) (Greenstein) (NJSBA opposes) Creates Jessica Rogers' Law; upgrades assault by auto or vessel. On April 20, S-1468 was signed by the governor.

 

P.L.2012, c.36 (PDF) (Madden) (NJSBA supports) (NJSBA-drafted) Establishes the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act. On Aug. 7, S-1755 was signed by the governor.

 

P.L.2012, c.48 (PDF) (Greenwald) (NJSBA supports) Extends the expiration date of certain permits pursuant to the Permit Extension Act of 2008. On Sept. 19, A-1338 was signed by the governor.

P.L.2012, c.50 (PDF) (Burzichelli) (NJSBA supports) (NJSBA-drafted) Establishes the Revised Uniform Limited Liability Company Act. On Sept. 19, A-1543 was signed by the governor.

On the Governor’s Desk

 

A-1902 (PDF) (Rumana) (NJSBA takes no position) Creates Tabitha's Law; requires a parent or guardian to notify school administrators if a pupil will be absent; requires the school to notify the parent in the event of an unexcused pupil absence. On Oct. 25, the bill substituted for S-721 (O’Toole), passed in the Senate (39-0) and was sent to the governor.

 

A-2596 (PDF) (Wisniewski) (NJSBa takes no position) Removes the requirement for one- and two‑family residences to be equipped with a portable fire extinguisher. On Oct. 25, the bill substituted for S-1829 (Bucco), passed in the Senate (29-6) and was sent to the governor.

 

A-2879 (PDF) (Burzichelli) Prohibits the requirement to disclose the user name, password, or other means for accessing an account or service through electronic communications devices by institutions of higher education. On Oct. 25, the bill passed in the Senate (38-0) and was sent to the governor.

 

Pending Legislation

 

ANIMAL LAW

S-1303 (PDF) (Kean) Revises penalties for animal cruelty, increasing the degree of certain offenses; designated as Patrick's Law. On Oct. 25, the bill passed in the Senate (39-0).

 

BANKING AND BUSINESS LAW

S-2144 (PDF) (Gill) Repeals and replaces Chapters 1 and 7 of the Uniform Commercial Code, and revises various additional provisions of the code. On Oct. 25, the bill was amended on the Senate floor and is awaiting Senate vote.

 

CONSUMER PROTECTION LAW

A-1688 (PDF) (Russo) Prohibits public institutions of higher education from permitting direct solicitation of students for credit card accounts. On Oct. 25, the bill was received in the Senate and referred to the Senate Higher Education Committee.

 

FAMILY LAW

S-2177 (PDF) (Madden) Creates the New Jersey Security and Financial Empowerment Act to assist victims of domestic violence and sexual assault. On Oct. 25, the bill was amended on the Senate floor and is awaiting Senate vote.

 

S-2297 (PDF) (Turner) Permits a domestic violence victim witness to testify via closed circuit television under certain circumstances. On Oct. 25, the bill was introduced and referred to the Senate Judiciary Committee.

 

JUDICIAL ADMINISTRATION

S-2207 (PDF) (Sweeney) (NJSBA supports) Authorizes the Judiciary to revise or supplement fees, subject to limitations, to fund an e-court information system and Legal Services of New Jersey; requires review and reporting on fees and expenditures of such fees. On Oct. 25, the bill passed in the Senate (23-15).

 

A-1848 (PDF) (Diegnan) (NJSBA-drafted) (NJSBA supports) Imposes limits on fees charged for discovery in municipal court matters. On Oct. 25, the bill was received in the Senate and referred to the Senate Judiciary Committee.

 

MUNICIPAL COURT PRACTICE

S-82 (PDF) (Bateman) (NJSBA supports) Clarifies when penalty points are to be assessed for convictions of driving in an unsafe manner. On Oct. 25, the bill was amended on the Senate floor and is awaiting Senate vote.

 

A-801 (PDF) (Munoz) (NJSBA supports) Restricts access to motor vehicle accident reports under certain circumstances. On Oct. 25, the bill was received in the Senate without a committee reference and is awaiting Senate vote.

 

A-1711 (PDF) (Green) (NJSBA takes no position) Increases penalties for failing to secure a child in a child passenger restraint system or booster seat while operating a motor vehicle. On Oct. 25, the bill was released from the Senate and referred to the Senate Transportation Committee.

 

PRIVACY LAW

A-2878 (PDF) (Burzichelli) Prohibits the requirement to disclose a user name, password, or other means for accessing an account or service through an electronic communications device by employers. On Oct. 25, the bill substituted for S-1915 (Sweeney) and passed in the Senate (38-0).

 

RENEWABLE ENERGY, CLEANTECH AND CLIMATE CHANGE COMMITTEE

A-2416 (PDF) (Eustace) Encourages development of electric vehicle charging stations in transportation projects. On Oct. 25, the bill was received in the Senate and referred to the Senate Environment and Energy Committee.

 

Public Notices

The New Jersey Law Revision Commission met on Nov. 15 to review the following agenda:

 

1. Unemployment Compensation—Consideration of a memorandum (PDF) proposing a new project revising the Unemployment Compensation Law to clarify that a working member of an LLC taxed as a partnership is ineligible to receive unemployment compensation upon dissolution of the LLC (codifying Trongone v. Board of Review, Department of Labor).

 

2. Uniform Determination of Death Act—Consideration of a draft final report (PDF) regarding suggested modifications to the New Jersey Declaration of Death Act, along with a memorandum (PDF) seeking commission guidance.

 

3. Uniform Collaborative Law Act—Consideration of revised draft tentative report (PDF) establishing a New Jersey Family Collaborative Law Act, which incorporates comments received to this time, along with an accompanying memorandum (PDF) explaining notations to the document.

 

4. Collateral Consequences of Conviction—Consideration of a memorandum (PDF) containing preliminary proposed modifications to the Rehabilitated Convicted Offenders Act (N.J.S. 2A:168A-1 through -16).

 

Material related to the above agenda can be obtained online at http://www.lawrev.state.nj.us/agenda.html.

 

ANNUAL PRO BONO CONFERENCE

The New Jersey State Bar Association’s 5th Annual Pro Bono Conference, has been rescheduled for Feb. 14. Please visit NJSBA.com for updates.