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

Capitol Report

September 26, 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. 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.

Pending Legislation

BUSINESS LAW

S-1015 (Oroho) Allows for corporation business tax and gross income tax credits to businesses providing employment to certain National Guard or reservists. On Sept. 19, the bill was released from the Senate Military and Veterans' Affairs Committee and referred to the Senate Budget and Appropriations Committee.

S-1865 (Kyrillos) Provides a corporation business tax credit for certain investment in manufacturing equipment and manufacturing facility renovation, modernization and expansion. On Sept. 19, the bill was transferred to the Senate Budget and Appropriations Committee.

S-1885 (Kean, S.) Allows for corporation business tax and gross income tax deductions for the amount of net interest received on loans to certain qualified Urban Enterprise Zone businesses. On Sept. 19, the bill was released from the Senate Economic Growth Committee with a substitute and referred the Senate Budget and Appropriations Committee.

CHILD WELFARE

S-2599 (Gill) Requires services be provided for sexually exploited juveniles charged with prostitution or juvenile victims of human trafficking; creates a presumption of coercion under certain circumstances. On Sept. 19, the bill was released from the Senate Judiciary Committee with a substitute and referred to the Senate Budget and Appropriations Committee.

S-2719 (Kean, S.) Requires the Department of Children and Families to develop and adopt a statewide youth suicide prevention plan. On Sept. 19, the bill was released from the Senate Health, Human Services and Senior Citizens Committee with amendments and is awaiting Senate vote. 

S-3027 (Van Drew) Requires the prompt notification of the death or disappearance of a child. On Sept. 19, the bill was introduced and referred to the Senate Law and Public Safety Committee.   

CONSUMER PROTECTION

S-2456 (Scutari) Creates the New Jersey Trade Secrets Act. On Sept. 19, the bill was released from the Senate Commerce Committee with amendments and is awaiting Senate vote.   

ELDER AND DISABLITY LAW

S-3022 (Stack) Requires lobby security for certain senior citizen high-rise buildings in areas with high violent crime rates. On Sept. 19, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.   

S-3023 (Connors) Provides for discounted resident trapping license fees for senior citizens. On Sept. 19, the bill was introduced and referred to the Senate Environment and Energy Committee.   

FAMILY LAW

S-540 (Kean, T.) (NJSBA supports with amendments) Authorizes the court to include provisions for animals in domestic violence restraining orders. On Sept. 19, the bill was released from the Senate Judiciary Committee with amendments and is awaiting Senate vote.   

S-2626 (Weinberg) (Under review by the NJSBA) Imposes certain bail restrictions on persons charged with violating domestic violence restraining orders. On Sept. 19, the bill was release from the Senate Judiciary Committee and is awaiting Senate vote.

HEALTH AND HOSPITAL LAW

S-1834 (Weinberg) Requires health insurers to cover oral anti-cancer medications on a no-less-favorable basis than intravenous anti-cancer medications. On Sept. 19, the bill was released from the Senate Commerce Committee with amendments and referred to the Senate Budget and Appropriations Committee.

HIGHER EDUCATION

S-536 (Kean, T.) Authorizes county colleges and county vocational school districts to establish aviation-related job certification, training, and internship programs, and provides a corporation business tax credit for funds donated to support such programs.  On Sept. 19, the bill was released from the Senate Education Committee with a substitute and referred to the Senate Budget and Appropriations Committee.

JUDCIAL ADMINISTRATION

S-397 (Singer) Concerns regulation of court reporting firms; requires court reporting firms in New Jersey to hold a registration certificate granted by the state Board of Court Reporting, and to employ only court reporters certified by the board or temporary court reporters registered with the board. On Sept. 19, the bill was released from the Senate Commerce Committee and is awaiting Senate vote.

LOCAL GOVERNMENT LAW

S-3024 (O’Toole) Authorizes additional state oversight of municipalities either in fiscal distress or under state supervision; appropriates $139 million. On Sept. 19, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.   

S-3026 (Van Drew) Provides for inter-local construction offices through a shared services agreement or joint contract between municipalities. On Sept. 19, the bill was introduced and referred to the Senate Community and Urban Affairs Committee.   

RENEWABLE ENERGY, CLEANTEACH AND CLIMATE CHANGE

S-2942 (Norcross) Grants eligibility for solar renewable energy certificates to solar facilities connected to net metering on the customer's side of the meter, or directly to an electric grid at 69 kilovolts or less. On Sept. 19, the bill was released from the Senate Environment and Energy Committee with amendments and referred to the Senate Budget and Appropriations Committee.

Nominations

The following nominations were referred to the Senate Judiciary Committee on Sept. 19:

JUDGE OF THE SUPERIOR COURT:

James M. Blaney, of Seaside Park, NJSBA member

Charles W. Dortch, of Voorhees

Douglas M. Fasciale, of Westfield.

Robert B. Reed, of Flemington.

Patricia B. Roe, of Toms River, 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.