Bills regulating snow-dumping, commission web sites, and more passed in Assembly

TRENTON – Once the Assembly passed the pension/health benefits reform bill Thursday night, there still was a great deal of legislation to be considered.

The Assembly voted on the following:

A3408, substituted by S2164, This bill, passed 75-0, changes several laws that affect the regulation and business operations of employee leasing companies, or professional employer organizations (PEOs).

A3577/S1924 was passed 77-0. This amended bill, known as the “Anti-Snow Dumping Act,” prohibits commercial snowplow operators from depositing snow on any public road, street, or highway or on public lands. A commercial operator of any snowplow or other snow removal equipment who fails to comply with the provisions of this bill is liable to a fine of $250 for the first offense, and $500 for each subsequent offense.

A3578, This bill requires the Higher Education Student Assistance Authority to develop a student loan repayment information document for annual distribution to school districts that include grades 9 through 12 and to nonpublic high schools. The document will include examples of monthly and annual loan payments required for various types of student loans. The bill requires the school districts and nonpublic high schools to annually disseminate the document to each student in 11th and 12 grades.

A3741 passed 46-32. This bill establishes in the Treasury a Division of Minority and Women Business Development to be headed by a State Chief Disparity Officer. The division will administer and monitor policies, practices and programs that further the state’s efforts to ensure equal opportunity for minority-owned and women-owned business enterprises in purchasing and procurement by state departments and agencies.

A3838 passed 75-2. This bill requires the State Board of Medical Examiners to promulgate regulations regarding botulinum toxin injections for minors.

The bill provides the following:

The BME, in consultation with the Commissioner of Health and Senior Services, is to promulgate regulations which restrict the cosmetic use of botulinum toxin on persons 18 years of age or younger.

The BME regulations are to include, but not be limited to, requiring a physician to document in the patient’s medical record the medical necessity of administering botulinum toxin to a patient who is 18 years of age or younger.

A3868 passed 63-10, with five abstentions. The bill, as amended, requires health benefits plans offered in the individual and small employer markets in New Jersey, which provide benefits for drugs that are approved by the federal Food and Drug Administration (FDA), and the State Health Benefits Program (SHBP) and School Employees’ Health Benefits Program (SEHBP), to provide coverage for certain “off-label” uses of those drugs for which they provide benefits.

A3908, substituted by S2765, The bill requires all state, regional, environmental, and local authorities, boards and commissions to maintain an Internet website for the purpose of providing increased public access to each entity’s operations and activities.

Information that must be provided includes a description of the entity’s mission and responsibilities; the adopted budget for the current, immediately prior, and all future fiscal years; and the most recent Comprehensive Annual Financial Report or other similar financial information.

A387 passed 63-4, with 10 abstentions. It increases specialized care nursing facility beds for persons requiring specialized long-term care for Huntington’s Disease.

The bill directs the Commissioner of Health and Senior Services to issue a specialized care nursing facility license with 40 beds for the current Huntington’s Disease unit at JFK Hartwyck at Cedar Brook, and to issue a specialized care nursing facility license with 40 beds for Leisure Chateau Care and Rehabilitation Center in Lakewood. These two licenses will not be subject to certificate of need review.

A1080 passed 44-29, with one abstention. The bill creates a permissive inference that a vacant permit parking space at a train station operated by the New Jersey Transit Corporation is available for general public use during off-peak times. An individual may raise this inference as a defense when contesting a citation for parking in a permit parking space during off-peak times.

As amended, the bill defines off-peak times as the hours from 5:00 p.m. to 5:00 a.m. on weekdays and all day on Saturdays, Sundays, and holidays. As introduced, off-peak times on weekdays were defined as the hours from 9:30 a.m. to 4 p.m. and from 7 p.m. to 6 a.m.

A1938 passed 77-0. The bill applies to joint insurance funds of public entities and requires the Department of Banking and Insurance to examine a joint insurance fund providing property/liability insurance or health and term life insurance as deemed necessary, or at any time the commissioner has reasonable cause to believe the fund may be in a financial condition detrimental to its members or to the public or insolvent.

A2342 passed 23-0. This bill directs the director of the Division of Purchase and Property to, whenever possible, provide enhanced visibility and accessibility to bidders carrying “Jersey Fresh,” “Jersey Grown,” other agricultural food products and commodities grown or raised in New Jersey, when entering into or renewing a contract for the purchase of such goods for use by various state agencies.

A2577 authorizes municipalities and municipal utilities authorities within Ocean County to establish a stormwater utility for the purpose of creating a stormwater management system to manage the stormwater runoff of the municipality. The amendments would also limit the use of the revenue from the portion of the fees or other charges transferred to the Department of Environmental Protection to fund only those activities related to stormwater utilities and stormwater management systems.

A2597 passed 78-0. This bill is intended to clarify that victims of sexual assault who undergo forensic sexual assault exams at certain health care facilities are not responsible for any costs of the exam.

2695/308 (ACS) passed 76-0. This bill expands upon current law to provide that disabled veterans are entitled to free admission to State parks and forests.

A2748 passed 77-0. As amended, this bill exempts sales of seasonal rentals, and some sales of other dwellings that might at one time have been vacation homes, from the “bulk sale” notification requirements that are used to administer state taxes.

A2878 passed 76-0. As amended, this requires the Division of Developmental Disabilities in the Department of Human Services (DHS) to collect, and when practical maintain a database of, information about persons with developmental disabilities who are eligible for services from the division; annually provide written notification of certain information to eligible persons with developmental disabilities; and publish an annual report containing non-identifying aggregate data about eligible persons with developmental disabilities.

A2938/S2073 passed 77-0. This bill designates the bridge over the Shrewsbury River in Monmouth County on State Highway No. 36 as the “Captain Joseph Azzolina Memorial Bridge,” in recognition of the life and work of Azzolina who served with distinction in the United States Navy and Navy Reserves and was a successful businessman, and an esteemed member of the New Jersey Senate and General Assembly.

A3097, This bill clarifies that county bridge commissions must comply with pay-to-play provisions applicable to counties and imposes additional pay-to-play safeguards on county bridge commissions and their contractors.

The bill prohibits a county bridge commission from entering into a contract exceeding $17,500 if the contractor has made a reportable campaign contribution during the preceding 18-month period to a candidate committee or political party committee in that county, if the candidate or a member of that political party is serving in an elective public office in that county when the contract is awarded. It also prohibits a business entity that has entered into a contract exceeding $17,500 with a bridge commission from making reportable campaign contributions during the term of that contract to a candidate committee or political party committee in that county, if the candidate or a member of that political party is serving in an elective public office in that county when the contract was awarded.

A3133 passed 77-0. This bill amends a law to stipulate that a consumer who earns credits through purchases on a credit card, debit card, or rewards card may utilize those credits to receive a rebate, allowance, concession, or benefit when that person purchases motor fuels.

A3138 passed 42-30, mostly along party lines. The bill provides $1.4 million to the Department of Environmental Protection to initiate and support flood control and prevention projects to mitigate the periodic flooding of the South River in Sayreville, Middlesex County. Of this funding, $1.04 million is from the “Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003” and $353,000 is from the Emergency Flood Control Fund established pursuant to the “Emergency Flood Control Bond Act” of 1978.

Rep. Scott Rumana, who voted against it, said it diverts $353,000 from the Passaic River Basin improvement project. A proposal by Rumana to amend the bill was unsuccessful.

A3255/S1246 passed 78-0. This bill would amend the current law to allow a person under the age of 16 but at least 13 years of age to operate a power vessel while competing in an authorized race.

A3258/S1882 passed 77-0. The purpose of this bill, to be known as the Museum Unclaimed Loan Act, is to establish standards and procedures whereby a museum may acquire title to property that is on loan to the museum but that remains unclaimed by the lender for a period of time.

A3357 passed 69-0, with seven abstentions. This bill provides that a state or county college faculty member will qualify for tenure after employment at the institution for: a period of 6 consecutive calendar years; or a period of 6 consecutive academic years, together with employment at the beginning of the next academic year; or the equivalent of more than 6 academic years within a period of any 7 consecutive academic years.

Under current law, a faculty member of a state college or a county college qualifies for tenure after employment at the college for: 5 consecutive calendar years; 5 consecutive academic years, together with employment at the beginning of the next academic year; or the equivalent of more than 5 academic years within a period of any 6 consecutive academic years.

A3399 passed 78-0. Under current law a school district must provide transportation services to a public elementary school pupil who lives more than two miles from his public school of attendance or to a secondary school pupil who lives more than 2 ½ miles from his public school of attendance. This bill provides that a school district will not be required to provide transportation services to an eligible public school pupil if the pupil’s parent or guardian signs a written statement that the pupil waives transportation for the school year.


  Bills regulating snow-dumping, commission web sites, and more passed in Assembly