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

Capitol Report

September 20, 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 New Jersey State Bar Association 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

Animal Law

S-241/A-3156 (Bateman/Biondi) (Under review by the NJSBA) Creates the crime of threatening the life of certain animals. On Sept. 13, A-3156 was introduced and referred to the Assembly Agriculture and Natural Resources Committee.

Criminal Law

A-973 (Johnson) Creates the Juvenile Transfer Task Force to study, evaluate, and develop recommendations concerning the transfer of juveniles from the juvenile justice system to the adult criminal justice system. On Sept.13, the Assembly received the governor's veto for this bill, which passed in the Senate (37-2) and was sent to the governor on June 28.

S-1712 (Turner) (Under review by the NJSBA) Requires hospitals to report certain injuries to the local and state police. On Aug. 23, the bill passed in the Senate (35-0) and on Sept. 13 the bill was received in the Assembly and referred to the Assembly Law and Public Safety Committee.

Elder and Disability Law

S-643 (Ciesla) (Under review by the NJSBA) Exempts senior citizens and blind or disabled persons from certain realty transfer fees. On Sept. 13, the bill was released from the Senate Community and Urban Affairs Committee and referred to the Senate Budget and Appropriations Committee.

Family Law

S-1382/A-2790 (Weinberg/Voss) (NJSBA supports) Establishes the Domestic Violence Health Care Response Act, which creates the Domestic Violence Health Care Response Program within the Division on Women in the Department of Community Affairs. On Sept. 13, the A-2790 was transferred to the Assembly Human Services Committee.

Government and Public Sector

S-351/A-193(Oroho/Chiusano) (Under review by the NJSBA) Expands the scope of review of the Pension and Health Benefits Review Commission to review all legislation relating to the pension and healthcare plans or programs for state and other public employees. On Aug. 23, S-351 passed in the Senate (36-0) and on Sept. 13 the bill was received in the Assembly and referred to the Assembly State Government Committee.

Health and Hospital Law

S-809/A-1987 (Vitale/Conaway) (Under review by the NJSBA) Establishes the Dietitian/Nutritionist Licensing Act, which provides for the licensure of dietitians/nutritionists in the state. On Sept. 13, A-1987 was released from the Assembly Health and Senior Services Committee with amendments and referred to the Assembly Appropriations Committee.

Higher Education

A-1570 (Scalera) (Under review by the NJSBA) Requires New Jersey institutions of higher education to disseminate fire safety information about their facilities to students, parents or guardians, and employees. On Sept. 13, the bill was released from the Assembly Higher Education Committee and is awaiting Assembly vote.

Judicial Administration

S-2246 (Scutari) (Under review by the NJSBA) Requires the conclusion of eviction proceedings for nonpayment of rent not later than the 30th day following service of a complaint on a tenant. On Sept. 13, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.

Municipal Court Practice

S-732/A-407 (SaccoDiegnan) (Under review by the NJSBA) Prohibits the use of wireless telephones or electronic communication devices by operators of public transit vehicles while vehicles are moving. On Sept. 13, S-732 was released from the Senate Transportation Committee with amendments and is awaiting senate vote. A-407 passed in the Assembly (76-0) on Feb. 25.

Taxation

S-1733/A-2977 (Rice/Coutinho) (Under review by the NJSBA) Exempts from payment certain taxes and energy charges for manufacturing facilities. On Sept. 13, A-2977 was released from the Assembly Commerce and Economic Development Committee and referred to the Assembly Appropriations Committee.

Amicus Matters

State v. Ciancaglini - In this case, the Court will consider whether a conviction for refusal to submit to a breath test under N.J.S.A. 39:4-50 can operate to enhance a defendant's sentencing under a subsequent driving under the influence conviction. On Sept. 10, 2010, the New Jersey State Bar Association's motion for leave to appear as an amicus curiae was granted.

Nominations

The following nominations were referred to the Senate Judiciary Committee on Sept. 13:

JUDGE OF THE SUPERIOR COURT:
Terry Bottinelli, of Wyckoff, NJSBA member
Donna Gallucio, of Prospect Park, NJSBA member
Lisa Grasso Jones, of Tinton Falls, NJSBA member
Leslie-Ann Justus, of Morganville, NJSBA member
Sohail Mohammed, of Clifton, NJSBA member
Lisa Rose, of West New York, NJSBA member

COLLEGE OF NEW JERSEY-BOARD OF TRUSTEES:
Robert A. Altman, of Princeton
Brad Brewster, of Lambertville, NJSBA member
Jorge A. Caballero, of Long Valley
Christopher R. Gibson, of West Deptford, NJSBA member
Anne P. McHugh, of Pennington

DELAWARE RIVER AND BAY AUTHORITY:
Richard S. Mroz, of Haddonfield, NJSBA member

NEW JERSEY INSTITUTE OF TECHNOLOGY UNIVERSITY-BOARD OF TRUSTEES:
Anne S. Babineau, of Summit, NJSBA member
Philip Beachem, of Wall
Gary C. Dahms, of Allenwood
Elizabeth Garcia, of North Bergen
Anthony J. Knapp, of North Branch
Amy Pappas, of Tenafly
Anthony R. Slimowicz, of Long Hill Township, NJSBA member
Kathleen Wielkopolski, of Chester

NEW JERSEY URBAN ENTERPRISE ZONE AUTHORITY:
Eric Hecter Jaso, of Morristown
Daniel R. Lindemann, of Wayne, NJSBA member

RAMAPO COLLEGE OF NEW JERSEY-BOARD OF TRUSTEES:
Vincent Paul Colman, of Mahwah
Sharon K. McGahee, of Maplewood
Gary L. Montroy, of Mahwah
Edward Zarnock, of Roselle
Thomas Zelante, of Morristown, NJSBA member

RICHARD STOCKTON STATE COLLEGE-BOARD OF TRUSTEES:
Curtis J. Bashaw, of Cape May
Albert L. Gutierrez, of Egg Harbor Township
Clarence C. Hoover, of Montclair
Leo B. Schoffer, of Margate, NJSBA member

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.