With just over a month left in the current legislative session, the Legislature is considering a number of bills. The New Jersey State Bar Association (NJSBA) weighed in on two bills that involve the calculation of damages in civil actions and cybersecurity for businesses in New Jersey.
S-3594 (Singleton)/A-5509 (Zwicker) would prohibit the consideration of race, ethnicity or gender to reduce damages for lost earnings or impaired earning capacity in civil actions. The NJSBA supports this bill with an amendment to reference “any class, trait, or characteristic” protected in New Jersey’s Law Against Discrimination. The bill was up for a vote in the Assembly and was also heard in the Senate Judiciary Committee.
The Legislature also considered S-1233 (Kean)/A-5915 (Quijano), a bill that would require certain persons and business entities to maintain comprehensive information security programs. The NJSBA supports the concept of the bill to combat cyber threats and to require New Jersey businesses to take steps to protect personal identifying information. It pointed out that the liability on businesses, especially small businesses, may be better placed with the service providers contracted to secure these assets.
“The impact of the requirements in this bill — including designating an employee to maintain a comprehensive information security plan — places a heavy burden on small businesses that likely do not possess the background, skill or resources to adequately do so without exposure to significant liability,” said the NJSBA in a statement to the Senate. The bill was up for a vote in the Senate and remains pending in the Assembly Financial Institutions and Insurance Committee.
Other bills up for consideration include:
A-5741 (Mukherji)/S-241 (Scutari)/S-491 (Brown), is a bill that concerns eligibility, procedures and post-program relief for certain drug or alcohol dependent persons. The NJSBA urged passage of the bill because it expands the number of people who can access addiction rehabilitation treatment.
A-2808 (Schaer)/S-1604 (Codey), is a bill that requires a certificate of diligent inquiry in residential mortgage foreclosure actions to be filed by attorneys. The NJSBA previously opposed an earlier version of the bill. But the legislation has since been amended to conform to the court rules relative to these filings. The NJSBA has not taken a position on the reprint.
Senate Confirms Judges for Appointment/Reappointment
The Senate Judiciary Committee confirmed the reappointment of three judges to the superior court and one nominee for appointment to the superior court. Judges Gregg A. Padovano, James X. Sattely and Richard Wichusen were all reappointed. Glenn Slavin of South Plainfield was recommended for nomination to the court.
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.