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

Capitol Report

August 18, 2014

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

UNDERSTANDING THE PROCESS

What is a chapter law? A chapter law or public law is an act passed by the Legislature and approved by the governor. The chapter laws are organized numerically in order of the governor’s approval, and compiled annually. 

What is an absolute veto? An absolute veto is when the governor rejects a proposed law passed by the Legislature. A bill vetoed in this manner cannot become law unless the Legislature overrides the veto by a vote of at least two-thirds of the members of each house. 

What is a conditional veto? A conditional veto is when the governor objects to parts of a bill and proposes amendments that would make it acceptable. If the Legislature re-enacts the bill with the recommended amendments, it is presented again to the governor for signature. 

For more information, please visit njleg.state.nj.us.

NJSBA RECENT ACTION IN TRENTON

P.L.2014 c.31 Implements a constitutional amendment providing for pretrial detention of certain criminal defendants; establishes non-monetary bail alternatives for release; authorizes the Judiciary to revise fees for certain legal programs. On Aug. 11, the governor signed this bill into law. The New Jersey State Bar Association supports the signing of this legislation. (S-946 Norcross)

BILLS SIGNED INTO LAW

P.L.2014, JR-3 Declares the second Saturday in July of each year as Dominican Pride Day in New Jersey. On Aug. 8, the governor signed this bill into law. (SJR-52 Ruiz)

P.L.2014, c.32 Creates the Opportunity to Compete Act; establishes certain employment rights for persons with a criminal record. On Aug. 12, the governor signed this bill into law. (A-1999 Watson Coleman)

P.L.2014, c.30 Designates the State Highway Route No. 71 bridge between the borough of Belmar and the borough of Avon-by-the-Sea as Robert A. Briant Sr. Memorial Bridge. On Aug. 12, the governor signed this bill into law. (S-1571 Sarlo) 

P.L.2014, c.29 Expands the definition and licensure requirements for healthcare service firms. On Aug. 12, the governor signed this bill into law. (S-667 Pou)

P.L.2014, c.28 Establishes the Equipment Loan Program in the New Jersey Environmental Infrastructure Trust; changes submission and approval requirements for a financial plan. On Aug. 8, the governor signed this bill into law. (A-3266 McKeon)

P.L.2014, c.27 Designates the U.S. 22 Easton-Phillipsburg Toll Bridge as Sergeant William John Cahir Memorial Bridge. On Aug. 8, the governor signed this bill into law. (S-2236 Doherty)

P.L.2014, c.26 Authorizes the New Jersey Environmental Infrastructure Trust to expend certain sums to make loans for environmental infrastructure projects for FY2015. On Aug. 8, the governor signed this bill into law. (S-2123 Gordon)

P.L.2014, c.25 Appropriates funds to the Department of Environmental Protection for environmental infrastructure projects for FY2015. On Aug. 8, the governor signed this bill into law. (S-2122 Van Drew)

P.L.2014, c.24 Eliminates an exemption from noise control restrictions for certain bars in the Atlantic City Tourism District. On Aug. 8, the governor signed this bill into law. (S-1498 Lesniak)

P.L.2014, c.23 Permits Internet gaming equipment to be located at certain secure facilities in Atlantic City. On Aug. 8, the governor signed this bill into law. (S-185 Whelan)

BILLS VETOED

S-82 (Stack) Creates the Property Tax Lien Pilot Program; establishes a pilot program to allow certain municipalities greater control over the sale of tax liens. On Aug. 8, the governor’s absolute veto was received in the Senate.

S-762 (Sarlo) Establishes procedures for the approval of the closure of a public school. On Aug. 8, the governor’s absolute veto was received in the Senate. 

S-770 (Weinberg) Establishes procedures and standards regarding public service privatization contracts. On Aug. 8, the governor’s absolute veto was received in the Senate. 

S-783 (Weinberg) Creates the Unfair Wage Recovery Act; provides that an unlawful employment practice occurs each time an individual is affected. On Aug. 8, the governor’s conditional veto was received in the Senate. 

S-966 (Rice) Establishes procedures for the approval of the closure of a public school. On Aug. 8, the governor’s absolute veto was received in the Senate. 

S-1038 (Weinberg) Creates the Wage Transparency Act; requires reporting of public contractor employment information. On Aug. 8, the governor’s absolute veto was received in the Senate. 

S-1041 (Gordon) Prohibits the treatment, discharge, disposal, application to roadway, or storage of wastewater, wastewater solids, sludge, drill cuttings or other byproducts from natural gas exploration or production using hydraulic fracturing. On Aug. 8, the governor’s absolute veto was received in the Senate. 

S-2158 (Barnes) Requires a comparable level of services and supports to be provided to former residents of developmental centers transitioning to community placements and for placements to be located within 30 miles of closed centers. On Aug. 8, the governor’s conditional veto was received in the Senate.

S-2249 (Gordon) Imposes a moratorium on the Returning Home New Jersey initiative and prohibits transfers from out-of-state placements under certain conditions. On Aug. 8, the governor’s conditional veto was received in the Senate.

S-2250 (Lesniak) Partially repeals prohibitions against sports wagering at racetracks and casinos in New Jersey. On Aug. 8, the governor’s absolute veto was received in the Senate.

S-2264 (Beach) Extends the application period for certain urban hope projects; permits reconstructed facilities as part of projects; and provides additional retirement benefits for certain Public Employees’ Retirement System (PERS) and Teachers’ Pension and Annuity Fund (TPAF) members in certain urban hope districts. On Aug. 12, the governor’s conditional veto was received in the Senate.

A-2956 (Mosquera) Provides $21 minimum annual energy assistance to qualified families; qualifies families to receive additional nutritional assistance. On Aug. 8, the governor’s absolute veto was received in the Senate.

Past issues of the Capitol Report