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

Capitol Report

September 30, 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. For more information, visit njsba.com. 

 

REMINDER: CHANGE TO ATTORNEY IDENTIFICATION NUMBER

 

There has been an update to the requirement of using Attorney Identification Numbers. The new rule will be effective on Nov. 1.  

 

All attorneys will be required to use their Attorney Identification Number on the first page of paper filed with the Court. This requirement is part of a series of court rule amendments adopted by the Supreme Court, specifically, R.1:41.

Attorney Identification Numbers can be found on the Court’s website, njcourts.com.

 

Once at the site, go to:

Under the heading Legal select Attorney Index

Type in your Name and click Search

ID will be shown in blue on the left-hand side

 

RULE PROPOSALS  

 

Banking Law

N.J.A.C. 3:30 (PDF) – Authorized by Kenneth E. Kobylowski, Commissioner, Department of Banking and Insurance, this rule readoption would implement the New Jersey Home Ownership Security Act of 2002, which addresses abusive lending practices and regulate certain home loans harmful to consumers.

 

The deadline to comment is Nov. 15. 

 

Banking Law

N.J.A.C. 11:16 – Authorized by Kenneth E. Kbylowski, Commissioner, Department of Banking and Insurance. This rule is related to different areas of insurance, including life/health and property/casualty and the organization of the Department of Banking and Insurance Department. The subchapters of the rule include claim form statements, reports to the National Insurance Crime Bureau, reserved, fraud prevention and detection plan and administrative procedures and penalties. 

 

Due to errors discovered by the Office of Administrative Law in the published notice of proposal, the Department of Banking and Insurance extended the public comment to Nov. 15.

 

Military & Veterans Affairs

N.J.A.C. 5A:5 – Authorized by Brigadier General Michael L. Cunniff, Adjutant General and Commissioner of Department of Military and  Veterans’ Affairs, the rule proposes readoption regulations to define the authority to establish requirements for eligibility for admission to delineate the types of services that are provided by the veterans’ memorial homes, address changes in insurance practices, adjustment of computation of care maintenance fee for NJ veteran facilities and correct underlying oversights from the 2008 revision.

 

The deadline to comment is Nov. 15. 

 

School Law

N.J.A.C. 6A:9-2.1, 8.1, 10.1, 10.4, 11.1, 11.2, 11.5 and 11.19 (PDF) – Authorized by Christopher D. Cerf, Commissioner and Secretary of the New Jersey State Board of Education, this proposal raises the bar for entry into the teaching profession by increasing the rigor of certification requirements.

 

The deadline to comment is Nov. 15.

 

Individual Rights

 

N.J.A.C. 10:61 (PDF) – Authorized by Jennifer Velez, Commissioner of Department of Human Services, this proposal sets forth requirements for the provision of independent clinical laboratory services to New Jersey Medicaid and New Jersey FamilyCare beneficiaries. 

 

The deadline to comment is Nov.r 15.

 

Public Utility Law

N.J.A.C. 13:31-4.1 (PDF) – Authorized by David Freed, Acting Executive Director of Board of Electrical Contractors, the proposal would require an applicant for an exemption to submit a certification with the State Board of Electrical Contractors by an individual who certifies familiarity and compliance with Part 68 of the Federal Communications Committee and applicable National Electrical Code requirements.

 

The deadline to comment is Nov. 15.

 

EXECUTIVE ORDERS:

 

Gov. Chris Christie issued to following executive orders in September:

 

Executive Order No.: 139 (PDF): Ordered and directed the flag of the United States of America and the flag of New Jersey be flown at half-staff at all State departments, offices, agencies and instrumentalities during appropriate hours on Wednesday, Sept. 11 in recognition and mourning of all of those lost in the September 11 attack and particularly those lost from our home State New Jersey. The order was on Sept. 10. 

 

Executive Order No. 140 (PDF): Ordered and directed Attorney General to coordinate acquisition of easements and to create Office of Flood Hazard Risk Reduction measures to lead effort.  The order was issued on Sept. 25.

 

ADDITIONAL 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 through the program can earn a Madden exemption. To find out more visit njsba.com or write to mlap@njsba.com