As the end of a two-year session came to a close, the New Jersey State Bar Association actively advocated on a number of bills in the waning days of lame duck. The NJSBA monitors almost 1,000 bills on behalf of its sections and committees, but many of the bills do not get past introduction. Below is a list of bills that the Association members actively advocated on at the State House in the past few months.
S3772 (Lagana)/A5198 (Sampson) – Concerns valuation of board and lodging with respect to workers’ compensation
This is an NJSBA-drafted bill that was introduced and passed in just over one year. The bill amends the workers’ compensation statute to increase the compensation rate for board and lodging where this is part of a worker’s compensation from $25 to market rate, unless there was an agreed-upon rate at the time of hiring. This figure had last been amended in 1966. The current amendments are meant to ensure that the figure will not have to be updated again to reflect increases in valuation.
S3153 (Ruiz)/A4543 (Haider) – Prohibits DCF from using federal benefits received by a child in out-of-home placement to reimburse state for cost of child’s care, except under certain circumstances
The governor signed this bill into law, which the NJSBA supported. The bill ended the ability of the Department of Children and Families to access federal benefits for the child to offset the state’s costs for the child’s maintenance, except to maintain the child’s eligibility for federal Supplemental Security Income Program benefits and to avoid a violation of federal asset or resource limits under the SSI program. An earlier bill restricted DCF’s ability to go after parents for child support while their children are in out-of-home placements as long as the parents were working toward a goal of reunification. The NJSBA also supported this law, the Equitable Outcomes in Child Support Collection Act.
S1310 (Singer)/A4598 (Lopez) – Makes certain for-profit debt adjusters eligible for licensing to conduct business in the state
Gov. Phil Murphy twice vetoed this legislation, most recently earlier this month. The bill would regulate the conduct of for-profit debt adjusters in New Jersey. The NJSBA strongly opposed this bill as anti-consumer and previously testified against the bill that it is unnecessary as consumers currently have options through nonprofit organizations to address debt relief. Legal Services of New Jersey and New Jersey Citizens Action also opposed the bill. In addition to alternatives being available to consumers, the NJSBA pointed out that the Consumer Financial Protection Bureau issued a notice on the risk associated with debt settlement companies, including the high fees paid to such companies. The Better Business Bureau, the United States General Accountability Office and the Federal Trade Commission have all signaled their concerns with these types of companies. The bill was re-introduced in this new session.
S4510 (Scutari)A5761 (Carter) – Clarifies procedures in certain contested child custody cases
The governor signed this bill into law in spite of strong opposition by the NJSBA, 13 county bar associations, the Hispanic Bar Association of NJ, APALA, American Academy of Matrimonial Lawyers- NJ Chapter, and the Association of Family and Conciliation Courts – NJ Chapter. The NJSBA worked with the prime sponsor on amendments which were passed by the Senate in June. But the bill was radically changed when it was posted in the Assembly Judiciary Committee in December to combine it with a bill modeled after the federal Kayden’s Law.
Kayden’s Law was enacted as part of the Violence Against Women Act, which provides federal incentives for states that pass laws restricting court-ordered reunification treatments. The New Jersey proposal expanded restrictions on not just reunification therapies, but all therapies, for those alleged to have engaged in domestic violence, rather than be found guilty of such acts. The NJSBA testified against the bill in the Assembly Appropriations Committee, highlighting the danger of placing children squarely in the midst of high conflict custody matters. The bill requires the judge to interview children who ask to speak to the court, which creates mechanisms for parents to manipulate children in these matters, rather than protect them from these disputes. The NJSBA also pointed out that New Jersey already has protections in place for children involved in matters where there is domestic violence, giving the presumption of custody to the non-abusive parent, under the Prevention of Domestic Violence Act.
Additionally, the Association cautioned against the bill’s expansion to all therapies, which could impede access to therapies such as domestic violence counseling, special needs therapies, and the like because of the bill’s insistence that such therapies may only be ordered when there is a scientifically valid basis for such therapies and that both parents must consent. The bill adds additional layers to custody cases to make determinations of safety and scientific validity, which would require costly and timely hearings and experts.
S421 (Pennachio)/A5772 (Webber) – The Uniform Electronic Wills Act authorizes electronic wills
This uniform bill would regulate the use of electronic wills in New Jersey. The NJSBA has worked with the Surrogates to amend the language to reflect New Jersey-specific practices and protect the validity of such wills. The bill was posted in the Senate Judiciary Committee without the amendments that were discussed with the Surrogates and therefore, was ultimately held from consideration from the entire Senate. The NJSBA continues to work with the Surrogates to include amendments to this bill, which has been re-introduced in the new session.
S163 (Polistina)/A2521 (Peterson) – Establishes presumption of joint legal and physical custody in child custody matters
The NJSBA historically opposed this bill, which presumes 50/50 custody of children beyond that which already exists in statute. The bill was pulled from the Senate Judiciary Committee last December and it remained stalled.
S3148 (Mukherji)/A4000 (Murphy) – Establishes Office of Professional Guardians
This bill establishes the Office of Professional Guardians to oversee the licensing requirements of, and establish standards of practice for, for-profit or not-for-profit business entities that have been granted powers to exercise all assignable legal rights of an incapacitated person or that person’s property. The NJSBA testified in opposition to this bill as unconstitutional because it circumvents the due process rights of incapacitated individuals by removing the requirement of a finding of fact that a person is incapacitated as well as a ruling by the Court. The bill removes protections and court oversight that are meant to protect the alleged incapacited person. The bill stalled following its posting in Assembly Health Committee. The sponsor has asked to meet with us to discuss these concerns.
S4499 (Scutari) – Requires defendants, including insurance companies named as defendants, to be properly identified in causes of action
The NJSBA opposed this bill, which would require defendants to be properly identified in causes of action, because it would likely lead to costly, protracted litigation. The Association shared these concerns with the sponsor. The Senate passed the bill, but it remains stalled in the Assembly, where it had no Assembly companion.