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

Capitol Report

October 21, 2013

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

ABOUT LEGISLATIVE AND REGULATORY AFFAIRS

The Office of Legislative and Regulatory Affairs handles a wide variety of duties for various departments. The office produces and issues most of the documents by which the statutory authority of the departments are executed, including rulemakings, orders, bulletins and public notices.  

RULE PROPOSALS

N.J.A.C. 5A:9 – Authorized by Brigadier General Michael L. Cunniff, adjutant general, commissioner, Department of Military and Veterans’ Affairs, this proposed rule readoption with amendments would designate a veteran status for pension purposes. 

The deadline to comment for this proposed readoption is Dec. 6.

N.J.A.C. 9A:3 – Authorized by Rochelle Hendricks, secretary of higher education, this proposed rule readoption would require state colleges and universities to develop a code of ethics in accordance with this chapter, governing the conduct of its officers and its employees as defined in the New Jersey Conflicts of Interest Law. 

The deadline to comment for this proposed readoption is Dec. 6. 

N.J.A.C. 10:121C – Authorized by Allison Black, Ph.D., L.S.W., commissioner, Department of Children and Families, this proposed readoption with amendments was brought forth by the Division of Child Protection and Permanency, and amends the rule governing the adoption of children under the care and custody of the Division of Child Protection and Permanency.

The deadline to comment for this proposed readoption is Dec. 6.

N.J.A.C. 13:21-15 (PDF) – Authorized by Raymond P. Martinez, chairman, Motor Vehicle Commission, these proposed amendments clarify that to be a “proper person,” any applicant intending to sell new motor vehicles must meet specific requirements by submitting a copy of the applicant’s franchise agreement with the motor vehicle manufacturer whose make and models the applicant is franchised to sell.

The deadline to comment for this proposed amendment is Dec. 6.

N.J.A.C. 16:56 – Authorized by James S. Simpson, commissioner, Department of Transportation, this proposed readoption with amendments seeks to clarify department procedures, update contact information and reorganize the rule text. 

The deadline to comment for this proposed readoption is Dec. 6.

N.J.A.C. 18:32 – Authorized by Michael J. Bryant, director, Division of Taxation, this proposed readoption with amendments would advise taxpayers of the existence of a conference and appeals branch within the division and of the rules taxpayers must follow in order to file a written protest of a finding or assessment of the director.  

The deadline to comment for this proposed readoption is Dec. 6.

N.J.A.C. 19:15 (PDF) – Authorized by P. Kelly Hatfield, chair, Public Employment Relations Commission, this proposed readoption applies to subpoenas to secure the testimony of witnesses and/or the production of documents in proceedings before the commission involving all areas of its jurisdiction. 

The deadline to comment for this proposed readoption is Dec. 6. 

For more information on these rule proposals, please visit the Judiciary website.

RULE ADOPTIONS

R.7:25-5 – Concerns the identification, classification and management of natural areas and administration of the Natural Areas System pursuant to N.J.S.A. 13:1B-15.4, et. seq. and 13.1B-15.12a et. seq. The purpose of this subchapter is to provide detailed procedures, standards and criteria for the administration and public use of natural areas and the Natural Areas System in order to protect and preserve the natural and ecological resources for present and future generations.

R.7:27A-3.5 and 3.10 – Contains procedural rules for the assessment, payment and contesting of civil administrative penalties, as well as rules setting forth the penalties for specific air pollution violations.

R.9A:11-1.2, 1.4 and 2.2 – Definitions were amended to the Educational Opportunity Fund program, which provides students from educationally disadvantaged backgrounds with financial aid and other support services while attending participating New Jersey colleges and universities.  

R.10:90-3.17 – Department of Human Services increases the rate to be paid for Work First New Jersey/General Assistance individuals in residential healthcare facilities to $920.05 monthly. 

R.10:123-3.4 – The Division of Family Development amends the rate of the personal needs allowance reserved by the owner or operator of each residential healthcare facility and boarding home for each Supplemental Security Income recipient and Work First New Jersey/General Assistance recipient residing therein.

R.17:3-1.4 – Provides for three trustees to be elected by the membership or its delegates of the Teachers’ Pension and Annuity Fund, one of whom shall be elected each year for a three-year term in such manner as the board of trustees may prescribe. 

For copies of all of the amendments, please visit the Judiciary website.

PUBLIC NOTICES 

N.J.S.A. 52:14-34.4, et. seq. – The New Jersey Department of Agriculture publishes notice of grants subject to availability of funds.

N.J.A.C. 6A:9-5.18 and 11.12(a)3 and 4 – The New Jersey State Board of Education received a petition for rulemaking requesting that the New Jersey Board of Education repeal the requirements for a high school swim coach to be certified as a water safety instructor and as a lifeguard to be hired as a varsity swim coach.

N.J.S.A. 52:14-34.4 et. seq.- The secretary of Higher Education published notice of approval of a licensure petition.

N.J.S.A. 52:14-34.4 et. seq. – The secretary of Higher Education published notice of approval of a re-licensure and initial licensure petition. 

49 CFR Part 110 – The United States Department of Transportation/Pipeline and Hazardous Materials Administration provides grant funding for the Hazardous Materials Emergency Preparedness Program.

N.J.S.A. 52:13C-23 – Jeffrey Brindle, executive director of the Election Law Enforcement Commission, published notice of availability of the quarterly report of government affairs agents for the second quarter of 2013, accompanied by a summary of the quarterly report. 

N.J.A.C. 9A:9-2.2 (PDF) – The Rutgers Constitutional Litigation Clinic, the American Civil Liberties Union of New Jersey, and Latin American Legal Defense and Education Fund filed a petition with the Higher Education Student Assistance Authority requesting an amendment to govern residency requirements for student financial aid.

N.J.A.C. 11:4-40.9 – The Department of Banking and Insurance adopted rules setting forth standards and procedures whereby all life insurance, health insurance and annuity forms are to be submitted to the commissioner for approval prior to use. 

N.J.A.C.13:35-6.16 (PDF) – Elizabeth Christian, of Giordano, Halleran & Ciesla, on behalf of the New Jersey Hospital Association, requested the Board of Medical Examiners permit licensed physicians to be employees of a corporation under certain circumstances. 

For more information on public notices, please visit the Judiciary website. 

 

EXECUTIVE ORDER

Below is an executive order issued by Gov. Chris Christie on Sept. 25.                  

Executive Order 141 (PDF) orders and directs the flag of New Jersey to be flown at all state departments, offices, agencies and instrumentalities during appropriate hours on Friday, Oct. 4, in recognition and mourning of a brave and local hero, United States Army Staff Sgt. Timothy R. McGill. 

REMINDER: ATTORNEY VOLUNTEERS NEEDED 

The New Jersey State Bar Association’s Military Legal Assistance Program provides free legal advice to veterans who encounter legal issues before their deployment or upon their return home. Members of the military who have served in active duty or in the reserve units can receive assistance with family law, debtor-creditor issues and employment law matters. 

Any attorney who annually volunteers 25 or more hours of pro bono service can earn a Madden exemption. To find out more, visit njsba.com or email mlap@njsba.com.