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

Capitol Report

July 28, 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

RULE PROPOSALS

Below is a list of selected rule proposals on which any interested party may submit comments, information or arguments until the date specified. The full text of each proposal, and information about where to submit comments, can be found on the respective department’s/agency’s page on the state’s website.

Banking Law

Proposed Readoption with Amendments to N.J.A.C. 3:21

Authorized by Kenneth Kobylowski, commissioner of the Department of Banking and Insurance.  The Department of Banking and Insurance proposes to readopt its rules governing credit unions, which would designate certain credit unions as low-income credit unions. The designation would permit these credit unions to apply to participate in certain federal programs. The rule would specify the characteristics of low-income credit unions and authorize the loss of designation in the event the credit union can no longer meet the qualifying criteria. 

The deadline to comment on this proposal is Sept. 5. 

Family Law

Proposed Readoption with Amendments N.J.A.C. 10:333G

Authorized by Allison Blake, Ph.D., L.S.W., commissioner of the Department of Children and Families. The Department of Children and Families is proposing to readopt this chapter, which governs the disclosure of client information by the Division of Child Protection and Permanency. This proposal would consolidate rules that were redundant, to comport federal guidance on the release of information regarding fatalities or near fatalities resulting from child abuse and to create a balance between the need for public transparency and the privacy interests of the division’s clients.

The deadline to comment on this proposal is Sept. 5.

Insurance Law

Proposed Amendment to N.J.A.C. 11:1-34.6

Authorized by Kenneth Kobylowski, commissioner of the Department of Banking and Insurance. The Department of Banking and Insurance may declare eligible for exporting certain lines or classes of insurance, determining if there exists a reasonable or adequate market among authorized carriers in the state, known as an exportable list. The inclusion of a line of coverage on the list relieves insurance producers of the burden of obtaining three declinations of coverage from authorized insurers to establish that no reasonable or adequate market among authorized insurers exist. 

The deadline to comment on this proposal is Sept. 5.

Land Use Law

UNDER NJSBA REVIEW Procedural Rule N.J.A.C. 5:98

This proposed procedural rule will permit municipalities to petition for third-round substantive certification in accordance with the revised regulations and methodology. The proposed new rule includes changes that will increase the efficiency and effectiveness of the substantive certification process and facilitate the production of affordable housing. Many sections of the rules have been clarified, reorganized and updated. 

UNDER NJSBA REVIEW Substantive Rule N.J.A.C. 5:99

This proposed repeal and new rule are necessary administrative actions to establish the statewide affordable housing need from1999 through 2024, assigning each municipality to its affordable housing obligation and further setting forth the affordable housing delivery techniques available to each municipality to address its obligation. The proposed new rules include changes that will increase the efficiency and effectiveness of the substantive certification process and facilitate the production of affordable housing. Many sections of the rule have been clarified, reorganized and updated.

The deadline to comment on both rule proposals is Aug. 1. 

Taxation Law

Proposed New Rule: N.J.A.C. 18:7-11.19

Authorized by Michael Bryan, director of the Division of Taxation. The Division of Taxation is proposing a new rule to require taxpayers and tax preparers to file corporation business tax returns electronically. In addition, this rule requires all payments made under the Corporate Business Tax Act, including estimates, to be made electronically.

The deadline to comment for this proposal is Sept. 5. 

Copies of all proposed rules and regulations can be found on the state’s website.

EXECUTIVE ORDERS:

Below is a list of executive orders issued by the governor for 2014:

Executive Order 157, which extends the existence of New Jersey Hellenic-American Heritage Commission to June 11, 2019.

Executive Order 158, which ordered all state buildings to fly flags at half-staff on Wednesday, July 16, to honor the service and sacrifices of Jersey City Police Officer Melvin Santiago.

Executive Order 159, which establishes a study commission to review the effectiveness of all K-12 student assessments.

Executive Order 160, which ordered all state buildings to fly flags at half-staff on Tuesday, July 22, in recognition of the life and in mourning of the passing of Police Officer Christopher Goodell. 

SENATE NOMINATIONS

Below is a list of nominations confirmed by the State Senate earlier in the month of July:

Jeffery A. April, of Ocean City, to be a member of the South Jersey Transportation Authority, succeeding himself, for the term prescribed by law. 

Robert K. Becker, of Margate City, to be a member of the Local Finance Board, replacing Susan Bass Levin, who resigned, for the term prescribed by law.

Thomas E. Carroll, of Cape May City, to be a member of the New Jersey Cultural Trust Board of Trustees, succeeding himself, for the term prescribed by law.

Bette C. Daniele, of Edison, to be a member of the New Jersey Cultural Trust Board of Trustees, succeeding herself, for the term prescribed by law.

John J. Degnan, of Chester Township, to be a member of the Port Authority of New York and New Jersey, to replace Anthony J. Sartor, Ph.D., who resigned, for the term prescribed by law.

Debra P. DiLorenzo, of Longport, to be a member of the Casino Reinvestment Development Authority, to succeed herself, for the term prescribed by law.

Richard L. Edwards, of Jersey City, to be a member of the Ellis Island Advisory Commission, for the term prescribed by law.

John Fierro, of Ogdensburg, to be a member of the Sussex County Board of Taxation, succeeding himself, for the term prescribed by law.

William Hutchinson, of Madison, to be a member of the Water Supply Advisory Council, succeeding himself, for the term prescribed by law.

John S. Kennedy, of Laurel Springs, to be an administrative law judge, for the term prescribed by law.

Howard Kyle, of Northfield, to be a member of the Casino Reinvestment Development Authority, succeeding himself, for the term prescribed by law.

George R. Laufenberg, of Hoboken, to be a member of the Port Authority of New York and New Jersey, to replace David Samson, who resigned, for the term prescribed by law.

Paul F. Lyons, of Basking Ridge, to be a member of the State Board of Chiropractic Examiners, to replace Michael B. Krouse, D.C., for the term prescribed by law.

Robert  Moore, of Hackettstown, to be a member of the Warren County Board of Taxation, to replace the Honorable Walter S. Orcutt, who resigned, for the term prescribed by law.

Joshua D. Novin, of Montville, to be a judge of the tax court, for the term prescribed by law.

Jane M. Santini, of Columbia, to be a member of the Warren County Board of Taxation, succeeding herself, for the term prescribed by law.

Thomas Anthony Senatore, of Newton, to be a member of the State Board of Chiropractic Examiners, succeeding himself, for the term prescribed by law.

William T. Watras, of Oxford, to be a member of the Warren County Board of Taxation, to replace the Honorable Roger A. Hines Jr., who resigned, for the term prescribed by law.

Kathleen M. Wisniewski, of Lawrenceville, to be a member of the New Jersey World Trade Center Scholarship Fund Board of Trustees, succeeding herself, for the term prescribed by law.

 

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