Wednesday, November 30, 2011

Coutinho and Johnson Bill to Preserve Biological Evidence in Unsolved Crimes Approved by Assembly Panel

(Trenton) - Legislation sponsored by Assemblymen Albert Coutinho and Gordon M. Johnson that would help law enforcement with cold cases by requiring certain agencies to preserve biological evidence in unsolved crimes has been approved by an Assembly committee.

"The evolution of forensic science has helped law enforcement apprehend people who committed a crime, but managed to escape the law for years.  The technology has caught up to criminals, but it is useless if the biological evidence that can crack a cold case and bring a criminal to justice is lost," said Coutinho (D-Essex/Union).  "By ensuring that this evidence is preserved in cases that remain unsolved, we can assist law enforcement agencies in capturing criminals who have eluded the law, and provide justice for victims and their families."

The bill (A-3994) would require agencies responsible for collecting, storing, and retrieving biological evidence secured in relation to the investigation or prosecution of a crime to preserve that state's custody.  The bill would also require the agency to produce the preserved evidence at the request of the court.  Under the bill, biological evidence means any item that contains blood, semen, hair, saliva, skin, fingernail scrapings, bone, bodily fluids, or other identifiable biological material.

The chief evidence custodian of an agency that could not locate evidence it was required to preserve under the bill, would be required, under penalty of perjury, to provide an affidavit describing the efforts taken to locate it, and how despite those efforts, it could not be located.  The bill also specifies that any inmate, who was denied a court motion to have DNA testing conducted because the biological evidence could not be found, would be entitled to request a new search.  The responsible agency would have 30 days to conduct such a search.  If the evidence is located, the agency would have 10 days to notify the person responsible for submitting a new motion to the court requesting the DNA testing.  If the evidence is not found, the chief evidence custodian would be required, under penalty of perjury, to provide an affidavit describing the efforts taken to locate it, and how despite those efforts, it could not be located.

Any person who destroys, or otherwise tampers with evidence or who knowingly fails to produce evidence in the agency's custody would be guilty of a disorderly persons offense.

"Just like new technologies can help solve cold cases, they can also help clear people who were convicted of a crime they never committed.  There have been numerous reports of innocent people released after years spent in prison after they were cleared by DNA testing," said Johnson (D-Bergen).  "Keeping the wrong person in prison is an injustice to the person serving the wrongful sentence, and the victim of whom justice was supposed to be served.  If there is evidence that can prove the innocence of a person who is incarcerated, then it must be made available."

The bill was released by the Assembly Law and Public Safety Committee.

Assembly Panel to Continue Job Creation & Economic Development Effort

Job Training, Small Biz Expansion, Job Creation & Retention on Agenda

(Trenton) - The Assembly Appropriations Committee will meet Thursday to continue the Assembly's job creation and economic development push by considering bills to promote job training for out-of-work residents, encourage small business expansion and entice businesses to engage in economic development, job creation and the preservation of existing jobs.

Thursday's hearing is slated from 11 a.m. in Committee Room 11 on the 4th Floor of the State House Annex in Trenton.  Audio of the hearing will be streamed live at:  http://www.njleg.state.nj.us/media/live_audio.asp

The following will be considered:
  • Renewed legislation Assembly Speaker Sheila Y. Oliver (D-Essex/Passaic) sponsored to create the Back to Work NJ program to help out-of-work residents receive on-the-job training from potential employers (A-4332).  The program has proven effective in Georgia and been included in President Obama's jobs plan, but Gov. Christie vetoed a previous version earlier this year.
  • Legislation to establish the Grow New Jersey Assistance Program tax credit incentive program for New Jersey-based companies that retain and create new jobs (A-4306).  It's sponsored by Albert Coutinho (D-Essex) and Herb Conaway M.D. (D-Burlington/Camden).
  • A bill to create a loan program within the New Jersey Economic Development Authority to help small businesses expand (A-4336).  It's sponsored by Daniel R. Benson (D-Mercer/Middlesex), Coutinho, and Troy Singleton (D-Burlington/Camden).
  • Legislation sponsored by Gordon Johnson (D-Bergen) to phase out over three years the cosmetic medical surgery tax (A-3646).
  • A bill (A-4048) to allow for voluntary income tax return contribution to support NJ SHARES, which provides assistance to individuals and families who are in need of temporary help in paying their energy bills.  It's sponsored by Elease Evans (D-Passaic/Bergen), Upendra Chivukula (D-Somerset/Middlesex), Charles Mainor (D-Hudson), Jason O'Donnell (D-Hudson), and Ruben J. Ramos Jr. (D-Hudson).

Riley and Albano Bill to Further Protect Crime Victims Advanced by Assembly Committee

(Trenton) - Legislation sponsored by Assembly members Celeste M. Riley and Nelson T. Albano to bolster the rights of crime victims has been approved by an Assembly panel.

The bill (A-2558) would enhance existing law by making several amendments and additions to the "Crime Victim's Bill of Rights", including the right to be treated with dignity and compassion by the criminal justice system, the right to be advised of case progress and final disposition and the right to make an in-person statement directly to the sentencing court.

"A trial can be a trying experience for crime victims and surviving relatives and friends," said Riley (D-Salem/Cumberland/Gloucester).  "Strengthening the rights rendered to these victims ensures they are afforded the best legal means to present their case, and are treated with respect and compassion as they seek justice for the crime committed against them."

"The road to justice is not an easy one.  Crime victims must often relive the damage committed against them during arduous criminal proceedings," said Albano (D-Cape May/Atlantic/Cumberland).  "We owe it to these victims to ensure they are protected during the trial process, and are given the resources to hold responsible those who caused them harm."

The bill would ensure crime victims are entitled to the following:
  • protection from harassment or abuse by anyone involved in the criminal justice process
  • medical assistance reasonably related to the incident
  • be notified in a timely manner, if his or her presence in court is not needed, or if any scheduled court proceeding has be adjourned or cancelled
  • be compensated for loss sustained whenever possible
  • be able to confer with the prosecution to keep adequately informed about the case
  • submit a written statement prior to the prosecution deciding whether it will accept a negotiated plea or request by the defendant for pretrial intervention program
The bill would also allow survivors of the victim to wear a button with the picture of the victim during any judicial proceeding involving the accused (as long as the court determines it will not deprive the defendant of his or her sixth amendment right), and display a photograph or computer generated or video presentation of the victim when a statement is given.

The bill was released by the Assembly Judiciary Committee.

Tuesday, November 29, 2011

Wagner, Gusciora Bill protecting NJ From Contaminated Fracking Water Advances

(Trenton) - A key Assembly panel on Monday advanced legislation sponsored by Assembly Democrats Connie Wagner and Reed Gusciora to protect New Jersey residents from contaminated wastewater produced by the controversial practice of hydraulic fracturing or "fracking."

"We don't want think process in New Jersey, and we don't want the wastewater either," said Wagner (D-Bergen).  "Radioactive water can go elsewhere, especially places that promote and encourage drilling practice for whatever reason.  For me, protecting New Jerseyans and their families are always my priority."

Fracking is a drilling technique used to expand existing fractures or create new fractures in rock by injecting water, often laced with chemicals, sand, and other substances, and often under high pressure, into or underneath the surface of the rock, typically for the purpose of natural gas exploration and production.  The wastewater can be polluted with contaminants such as radium, benzene, barium, and strontium.

The measure approved on Monday (A-4321) would prohibit hydraulic fracturing wastewater produced in any state from being treated, discharged, disposed, or stored in New Jersey.

"Even with federal regulators finally agreeing to take a look at this issue, it's important that we make this move to protect both the public and our natural resources," said Gusciora (D-Mercer).  "The last thing we want is this radioactive water ending up in our streams and rivers where it would cause environmental and health problems."

Wagner has been a leader in sponsoring legislation to protect New Jerseyans by prohibiting fracking in the state.  Both sponsors said they were especially concerned that the wastewater could end up in rivers and streams.

The measure was approved by the Assembly Environment and Solid Waste Committee by a vote of 4-1-1 and now awaits consideration by the full Assembly.

Ramos, Caputo & Johnson Bill Promoting Car-Sharing Programs Continues Advancing

Measure Stems from Hoboken Program

(Trenton) - Legislation sponsored by Assemblymen Ruben J. Ramos, Jr., Ralph R. Caputo and Gordon Johnson to promote car-sharing initiatives by exempting nonprofit car-sharing organizations from the $5 surcharge on motor vehicle rentals continues advancing toward law.

"This is a new and innovative program that can bring savings to taxpayers and dramatically improve the quality of life for urban residents by reducing congestion, eliminating parking hassles and cutting pollution," said Ramos (D-Hudson).  "Anything we can do to entice people to use services like this is a plus."

A car-sharing organization offers members an alternative to car ownership by allowing members to schedule time to utilize vehicles from a fleet on an hourly basis.

The Hoboken car sharing program - Corner Cars - is a public-private partnership though which car-sharing vehicles are distributed citywide at reserved on-street locations.  Started in June, 2010, the program has over 1,000 members.  City officials estimate that the program will result in removing 750 cars from Hoboken streets.

Under the legislation (A-3233) non-profit car-sharing organizations would be completely exempt from the $5 surcharge on New Jersey motor vehicle renters put in place in 2002.  For profit companies would be allowed to offer a pro-rated surcharge of $0.25 an hour for vehicles scheduled for less than 24 hours of use by an individual.

"With this legislation, we're making it clear that we support this concept and want to see it succeed, not just in Hoboken, but in urban communities across the state," said Caputo (D-Essex).  "Car-sharing programs benefit everyone, especially low-income residents who might need the mobility a car provides but who do not have the means to purchase one outright."

"Tackling congestion in our urban areas through innovative programs that make life easier for working class families is always a good thing," said Johnson (D-Bergen).  "This is a smart approach and one we should be promoting throughout the state."

The Assembly Appropriations Committee recently released the measure 9-3.

Monday, November 28, 2011

Vainieri Huttle, Coutinho, Quijano & Spencer Bill to Protect Sexually Abused Children Advanced by Assembly Panel

(Trenton) - An Assembly panel on Monday approved legislation sponsored by Assembly members Valerie Vainieri Huttle, Albert Coutinho, Annette Quijano and L. Grace Spencer to protect sexually exploited minors.

The bill (A-3700-3934) would provide an affirmative defense to any person under 18 who engages in prostitution.  An affirmative defense is an explanation for a defendant's actions that excuses or justifies his behavior.  The bill intends to address situations where minors are charged criminally as a result of being a victim of sexual abuse.  Currently, a person is afforded an affirmative defense to a charge of prostitution only if the person is a victim of human trafficking.

"Making a criminal out of an exploited child who was forced into prostitution under tragic circumstances is a complete moral failure," said Vainieri Huttle (D-Bergen).  "Prostitution is not a choice for these children.  This bill ensures that these young victims are helped, not hurt even more by being treated as criminals."

The bill would also require that care services be provided for sexually exploited juveniles charged with prostitution or juvenile victims of human trafficking.  The bill would amend various sections of the current juvenile code to ensure these services are rendered.

"We rightfully protect children who have been victims of human trafficking and forced into prostitution.  Why are we not extending the same level of protection to our children here in this country?" asked Coutinho (D-Essex/Union).  "These children have been exploited over and over again by adults who failed them; they should not be victimized again by the legal system."

"Most of these children escaped an abusive environment only to find themselves in another one even worse.  Turning them into criminals for unspeakable acts being done to them doesn't serve justice," said Quijano (D-Union).  "These children were failed by those entrusted with their safety.  It is our responsibility to rectify the injustices committed against them."

"This bill strengthens our current laws so that children who have been exploited are not only protected, but will receive the care they need," said Spencer (D-Essex/Union).  "These children fell prey to horrendous circumstances and unscrupulous individuals.  We must ensure children who have been sexually exploited are treated as victims and are provided with appropriate services, including shelter, care, counseling and crisis intervention services."

The bill was released by the Assembly Judiciary Committee.

Wagner Bill to Make Use of Mass Transit on Weekends During Special Events Easier Advanced by Assembly Panel

(Trenton) - Legislation sponsored by Assemblywoman Connie Wagner requiring publicly owned or operated parking facilities associated with rail service be open on weekends when a special event is taking place in New Jersey was approved Monday by an Assembly panel.

"New Jersey has a tradition of providing its citizens with the finest in sports and entertainment, namely at the Meadowlands, but the state hasn't always made it convenient to use mass transit to get to these events," said Wagner (D-Bergen).  "The Meadowlands rail line, for instance, provides the public with the ability to enjoy these events while avoiding the stress and hassle associated with driving and parking, but public parking at the local rail passenger service, would have to be open to the public on the weekends and other times outside weekday commuting hours during a special event.

Special events would include spectacular sporting events, trade shows, expositions, concerts and other public events in the state.

"When the public cannot easily access public transit on the weekends when big events are taking place at the Meadowlands, the rail station is underutilized, wasting the extensive monetary investment made in the facility," Wagner said.  "We should be doing all we can to promote mass transit use in this state, and this bill is a common sense step forward."

The bill was released by the Assembly Transportation, Public Works and Independent Authorities Committee for consideration.

Moriarty Bill to Help Businesses & Workers Avoid Layoffs Advanced by Assembly Committee

(Trenton) - Legislation sponsored by Assemblyman Paul Moriarty to help both New Jersey businesses and workers avoid layoffs was released Monday by an Assembly panel.

The bill (A-3818) is designed to encourage employers who must reduce their employees' work hours because of economic conditions to avoid layoffs by sharing the remaining work.

That would be achieved by permitting, under certain circumstances, a full-time employee to receive unemployment benefits when the employee's weekly work time is reduced by 10 percent or more.  The bill also permits the employee to attend an approved training program while receiving those benefits.

"This is a creative and unique approach to helping New Jerseyans stay on the job," said Moriarty (D-Gloucester/Camden).  "Anything we can do to avoid layoffs is a good thing, and this is a way for both workers and businesses to benefit while keeping people off full-time unemployment.  This is the sensible and decent thing to do for hard-working New Jerseyans and the businesses that employ them."

The bill provides that an employer of at least 10 full-time non-seasonal employees may provide a shared work program if approved by the Department of Labor and Workforce Development.

The program may be approved for one year with annual renewals up request.

"Job creation and economic development needs to be our priority," Moriarty said.  "We can approach that goal in many ways, and this is a new way to keep people employed and give them the financial security while providing stability to businesses working their way through this difficult economy."

The employer is required to sustain existing fringe benefits levels, not to hire additional part-time or full-time employees or make unreasonable revisions of workloads; to provide information needed to monitor compliance and to certify that if a labor union represents the employees, it has agreed to the terms of the program.

Under an approved program, an employee is eligible for "short-term" unemployment benefits if:
  • The employee's weekly work hours are reduced at least 10 percent of normal full-time hours;
  • The employee would be eligible for regular unemployment benefits during the week if the employee was entirely unemployed; and
  • The employee is available to work normal full-time hours.
Short-time weekly benefits paid to an eligible individual would be equal to the individual's weekly benefit rate multiplied by the percentage of reduction of his wages for the week.

The benefits are limited to 26 weeks during a benefit year, but the weeks may be nonconsecutive.  No person may receive both short-term benefits and regular unemployment benefits during the same week.  The combined total of regular and short-term unemployment benefits for an employee during a benefit year is limited to the maximum amount of regular unemployment benefits allowed.

All short-time benefits are charged to the account of the employer that provides the shared work program.  The bill requires the Commissioner of Labor and Workforce Development, three years after the effective date of this bill, to submit a report to the Legislature assessing the implementation of the bill's provisions and their impact on the State Unemployment Compensation Fund, evaluating the effectiveness of shared work programs approved by the division and making any recommendations for appropriate legislative or administrative action necessary to further the purposes of this bill.

Wednesday, November 23, 2011

With Holiday Shopping Kicking Into High Gear, Diegnan & Moriarty Target Christie's Anti-Business Anti-Consumer Law

(Trenton) - With the holiday shopping season kicking into high gear, Assembly Democrats Patrick J. Diegnan, Jr. and Paul Moriarty are advancing legislation to reverse Gov. Chris Christie's anti-business and anti-consumer law that made it easier for the state to claim unused money orders, traveler's checks and gift cards.

The bill (A-3250) was advanced Monday by the Assembly Appropriations Committee.  It reverses changes governing the state's treatment of unclaimed property that were made as part of the budget signed into law by Gov. Chris Christie in June 2010.

"The governor's changes aggressively shortened the abandonment periods for money orders and travelers checks and created a state claim on unused gift cards," said Diegnan (D-Middlesex).  "These changes have caused a significant amount of uncertainty for consumers and businesses alike.  It was anti-business and anti-consumer.  It was the wrong thing to do and must be fixed."

"The governor's changes were decidedly anti-consumer and anti-business at a time when we should be protecting both," said Moriarty (D-Gloucester/Camden).  "This bill restores sanity to the system and protects the public's rights to their unclaimed property.  The last thing we should do is allow a terrible law to continue creating uncertainty for consumers and businesses."

As a component to the state fiscal year 2011 budget proposal, Gov. Christie and Republicans made revisions to the state's statutory treatment of unclaimed property, aggressively shortening the periods of abandonment for money orders and travelers checks.

The law also authorized state escheatment of unused stored value cards.

The Diegnan-Moriarty bill reverses the 2010 changes.

It restores the 15-year abandonment period for travelers checks and the seven-year abandonment period for money orders.

Under the Christie and legislative Republican 2010 changes, travelers checks and money orders were subject to a three year abandonment period.

The bill also provides that stored value cards issued on or after the bill's date of enactment are not subject to state escheatment.

DeAngelo Encourages Holiday Shoppers to Participate in "Small Business Saturday'

Assemblyman Urges New Jerseyans to Invest in their Community by Shopping At Local Small Businesses

(Hamilton Twp.) - With holiday hunters planning their Thanksgiving weekend shopping excursions, Assemblyman Wayne P. DeAngelo today urged New Jerseyans to participate in the second annual "Small Business Saturday" - held this year on Saturday, November 26, 2011 - to help reinvigorate local small businesses that can spur economic growth in our communities.  The Small Business Saturday initiative is a national effort to encourage customers shopping at one of the busiest times of year to purchase goods sold at their local community small businesses.  By purchasing goods at these local shops, a significant portion of the money spent on items return to the community through payroll for employees, taxes, and other expenses.

"In between Black Friday and Cyber-Monday, consumers should spend Small Business Saturday of their holiday weekend by shopping locally to help support their friends and neighbors who are working to keep their businesses viable through this tough economy," said DeAngelo (D-Hamilton).  "Small businesses are the backbone of our communities and should be on top of everyone's list of stores to visit this weekend whether it's a toy store, bike shop, clothing store of hobby shop."

According to the Small Business Administration, there are almost 780,000 small businesses in our state.  Small businesses account for 98.4 percent of New Jersey employers.

"While many shoppers tend to gravitate toward the big box retailers who have launched heavy advertising campaigns geared toward the holiday bargain shoppers, Small Business Saturday is aimed at keeping shoppers in the stores close to their homes that offer quality merchandise at affordable prices.  Holiday shoppers will be able to cross gifts off their 'to-buy' lists while retailers will benefit from the added number of customers that will hopefully return to the stores throughout the year."

Tuesday, November 22, 2011

11/22/11 Thoughts

Reading Doc’s blog I am happy to read that he has given my running mates and I credit for running a professional, clean campaign, in which my running mates and I discussed the issues impacting the State of New Jersey. In fact, I do not recall with all the mailings that we sent out, us ever mentioning our opponents by name. I campaigned very hard in every town in my district (over a year of campaigning!). I want to congratulate my two opponents for running a clean campaign.

In fact, the Board of Education in Clark invited me back five times to participate in different programs dealing with education in Clark. So, I am very proud of the results we received on Election Day. Winning by over four thousand votes showed me that the hard work paid off.

There is one area that I would like to bring to some of the bloggers here in the City of Plainfield in reference to why in the City of Plainfield that my running mates received more votes than I did. The first is that I knew there would be a backlash with me supporting a new law that now prevents a person with a record from running for the Board of Education. I accepted the fact that I got blamed for it, when there were other legislators, especially in Atlantic and Burlington counties, that had similar concerns. I was one of the sponsors of the bill. Both houses, the Senate and the Assembly, voted almost unanimously in support of the bill, with the Governor signing the bill into law. So I knew, especially when some members of the Plainfield Board of Ed, came out openly against what I did, I knew it would cause a backlash.

Secondly, I have not at this particular time, committed to any candidates for future elections, because I have publicly made it clear that I would like to spend next year working to get President Obama re-elected. So when people feel that you are not committed to them, they are not going to raise money, or knock on doors, because they feel a lack of commitment; and I accept that.

The last issue is one that has been going on for quite some time here in the City of Plainfield in which this year I had more support than I had in the past when it came down to the support my colleagues received and what I received, especially in the 2nd Ward. As Chairman of the Party in the City of Plainfield, it is my job to get Democrats elected in November. When that happens, some do a good job, and some do a bad job. Whether they do good or bad, I get blamed for their actions.

I had numerous people call me up, some being Democrats outside of Plainfield, who told me they were getting phone calls and emails saying, “Vote for everyone in Column A except for Jerry Green.” Although there were some people reminding white voters in the district that I was a black male who is responsible for the condition of Plainfield; as well as saying that my opponent who ran opposite of me, and I do not know if this was done by design even though I believe it was, who was a white female lawyer, would bring more credibility to the district than I have done. I feel these sorts of phone calls cross the line. That is why I am not blaming my opponents because this is something that has been going on for a long time.

In the City, with all of these things that I have mentioned, and everyone else in Column A receiving roughly 200 more votes than I did, I consider that a victory. I am hoping that moving forward; they would realize that this handful of people will not cause me to get into the gutter because everyone who worked for me, including myself, supported all the Democrats in Column A. Again, in the entire District, we all received roughly the same amounts of votes. For me to feed into that type of nonsense would not have worked to my advantage.

So I am proud of those who ignored these phone calls and emails, as well as those who voted for me, still believing in me after serving 20 years in the Assembly, and am looking forward to the next two years in representing the 22nd District.

I am going to continue to be Chairman of Housing and Local Government. I look forward taking on housing issues, as well as working with towns to improve the quality of life for the people here in the State of New Jersey. I will also be Speaker Pro Tempore, which gives me the opportunity to be part of leadership.

Greenwald: Millionaire's Tax Poll Shows Governor Just Doesn't Get It

(Trenton) - Assembly Budget Chairman Lou Greenwald (D-Camden), the incoming Assembly Majority Leader, released the following statement Friday on a Quinnipiac University poll showing 64 percent support asking the wealthiest taxpayers to help with state budget woes:

"It's becoming more and more clear that Gov. Christie simply doesn't get it.

"As they did at the polls last week, New Jerseyans continue to reject the Governor's priorities of standing with millionaires at the expense of middle class families and seniors.

"The Governor's trickle-down philosophy makes for standing ovations at Tea Party retreats and right-wing conferences, but it hasn't revived New Jersey's economy, just as the Bush tax cuts for the wealthy failed to help the nation avoid a recession.

"It's time to focus on job creation and property tax relief for middle class families and seniors, not tax breaks for millionaires.  New Jersey's families and seniors get the property tax relief they've been denied by the governor.

"New Jerseyans, no matter the income, know the true problem in this state is the onerous property tax that discriminates against the middle-class, senior citizens and the poor.  It's time for the governor to join in our efforts to ensure relief for everyone, not just the wealthiest few."

McKeon Decries Christie Decision to Choose Polluter Profits Over People

(South Orange) - Assembly Environment Committee Chair John F. McKeon (D-Essex) on Friday called Governor Christie to rethink his decision to opt out of a multi-state effort to require coal plants in 27 states to reduce harmful emissions that contribute to pollution in other states.

In doing so, McKeon decried Christie's decision to opt out of the effort to force some of the nation's biggest polluters to comply with an Environmental Protection Agency rule, which many western and southern states are fighting.

"This decision absolutely defies common sense.  Essentially the Governor is sitting on his hands and siding with polluters.  The Northeast has been a leader in reducing harmful emissions and it's time many other parts of the country caught up.

"Each state does not live in a vacuum.  One state's irresponsible emissions standards have the ability to impact millions of people in other states.  The Governor's decision to turn a blind eye to this reality demonstrates a careless disregard for the well-being of New Jersey residents.

"At the same time, his decision to join a lawsuit to force one Pennsylvania coal plant to reduce its emissions sends a costly mixed signal.  It would be much more fiscally prudent to fight these harmful polluters through one collaborative multi-state effort than on a more expensive, case-by-case basis," said McKeon.

Ramos Bill Would Help Victims Fight Repercussions of Online Identity Theft

(Trenton) - Assemblyman Ruben J. Ramos, Jr. is sponsoring legislation that would expand the options available to prosecutors and victims to address online identity theft.

The bill (A-4143), entitled the "Digital Impersonation Prevention Act," would make impersonating a person online a crime punishable with a fine of up to $1,000, a maximum prison sentence of one year, or both.  In addition, a person who is harmed as a result of another person's "digital impersonation" may bring a civil action for statutory damages of $500 per occurrence, compensatory damages, and injunctive or other equitable relief against the violator.

"Under this bill, prosecutors would have the option to charge defendants with a violation of either statute or both, depending on the severity of the crime.  For example, prosecutors could seek a fine, in addition to a prison sentence and restitution, for serious offenders, while using the digital impersonation charge for minor offenses," said Ramos (D-Hudson).

"The Digital Impersonation Prevention Act also allows the court to award statutory damages.  This increases the potential damages that can be awarded in all online identity theft cases, and ensures victims who may have a difficult time putting a monetary amount to the damage caused by the impersonation, will still have a chance to receive compensation," added Ramos.

The bill makes it a third degree crime for a person knowingly, with intent to defraud, and without consent, to credibly impersonate another actual person through or on an Internet website or by other electronic means for the purpose of harming another person, transmitting unsolicited bulk messages or commercial solicitations, or copying or accessing a contact list.

The bill comes on the heels of the case of a Belleville woman accused of creating a fake Facebook page in the name of her ex-boyfriend, a narcotics detective in Parsippany.  The attorney for the accused argued that the indictment against his client should be dismissed because current law does not include "electronic communications."  A judge earlier this month ruled that digital impersonation can be covered under current identity theft laws, however the bill sponsored by Ramos affords more flexibility to prosecutors and victims, and offers additional remedies.

"We are living in a world where what we know, or what we think we know about other people is often extracted from Facebook and other social media sites," said Ramos.  "This bill not only attempts to dispel any ambiguity about what is considered identity theft in New Jersey, but gives those who have fallen prey to bullies and criminals online more ways to right the wrong."

Monday, November 14, 2011

Jasey & Coutinho Charter School Reform Bill Signed into Law

(Trenton) - Legislation sponsored by Assembly Democrats Mila Jasey and Albert Coutinho to help create strong performing charter schools in failing school districts was officially signed into law on Thursday.

"Charter schools have a role to play as we undertake significant education reform measures," said Jasey.  "The intention was never to replace regular public schools but rather to provide schools where new approaches and strategies could be tested and then, where successful, shared with their counterparts."

The new law (A-2806) will permit high-performing non-public schools in failing school districts to convert to charter schools upon approval of an expedited application by the state.  The application must certify that upon conversion to charter school status the school will prohibit religious instruction, events and activities that promote religious views, and the display of religious symbols.  The name of the proposed charter school cannot include any religious reference.

Under the law, the Commissioner of Education is directed to establish an expedited process for the review of such applications.

"Charter schools, if done correctly, can be a vital part in improving our public education system and ensuring quality education for our children," Coutinho said.  "By removing some of the obstacles to creating charter schools, we'll be opening the door to a better future for many children while ensuring the proper oversight is in place for a quality education."

The bill, which passed the Assembly by a vote of 59-14-4 in June and the Senate by a vote of 25-13 in September, is part of a larger charter school reform package passed by the Assembly earlier this year.

Oliver, Greenwald, Green, Johnson, Wisniewski & Prieto to Lead Assembly Democratic Majority

(TRENTON) – The Assembly’s incoming Democratic Majority Caucus on Thursday chose Sheila Y. Oliver to continue as Assembly Speaker and selected Assembly budget chief Lou Greenwald as the new Assembly Majority Leader. Oliver added that John Wisniewski will serve as a key Assembly Deputy Speaker with expanded duties, Vincent Prieto will become the new Assembly Budget Committee chairman, Jerry Green will continue as Assembly Speaker Pro Tempore and Gordon Johnson will serve as Majority Conference leader.

Oliver (D-Essex/Passaic) became the Speaker in January 2010 after first being elected to the Assembly in 2003. As the Speaker, she has led Democratic efforts to create jobs and stimulate economic growth, control property taxes, provide working class tax relief and reform education, while fighting cuts to health care programs for women and the poor and to programs that help distressed cities.

“I’m honored to once again have the chance to lead the ‘People’s House’ and to guide its steadfast efforts standing up for working class New Jerseyans and their families,” said Oliver, of East Orange. “The people have made it clear that they want Democrats leading this house, and we will never waiver from the commitment we’ve made to work together in unity to protect New Jersey’s middle-class and working poor.”

Oliver is the only African-American woman to lead a chamber in the New Jersey Legislature’s history. She is the second woman and second African-American to ever serve as Speaker. She will lead an Assembly controlled 48-32 by Democrats during the upcoming 2012-13 legislative session, a one seat gain from the current session.

“I thank my colleagues for showing me continued confidence and look forward to working with this new leadership team to make New Jersey a more affordable place for everyone to live and raise a family,” Oliver said.

Greenwald (D-Camden) joined the Assembly in 1996. He has been the Assembly Budget Committee Chairman since 2002. Greenwald led the efforts to reform New Jersey’s auto insurance system, sponsored the law creating the Amber Alert system, spearheaded the effort to establish a nationally designated cancer center in South Jersey and has sponsored numerous property tax reform and job creation bills.

“I am humbled by the support of my colleagues and excited by the chance to build on the partnership I developed with Speaker Oliver during my tenure as budget chairman,” said Greenwald, of Voorhees. “I can assure New Jersey residents that this team will be working tirelessly to continue protecting their priorities, whether it’s job creation, property tax relief or accessible health care. The voters have made clear that they want Democrats in charge legislatively, and we will get the job done for them.”

Green (D-Union/Middlesex/Somerset) has served in the Assembly since 1992 and has been Speaker Pro Tempore since 2008. The Plainfield resident has been a leader in fighting for affordable housing reform, protecting children and spurring economic development.

“It’s an honor to continue to work with Speaker Oliver and to be part of this new leadership team that will strive, day in and day out, to make New Jersey a better place,” Green said. “We share the values of New Jersey’s working class residents and will continue making those values our top concern.”

Johnson (D-Bergen), of Englewood, will replace the retiring Joan Quigley as Majority Conference Leader. Johnson, a retired law enforcement official, has been a member of the General Assembly since 2002, sponsoring bills to combat racial profiling and improve emergency preparedness and helping to make the New Jersey Israel Commission permanent.

“I hope to bring a steady hand to my new role guiding this caucus through its public policy decisions with the fundamental goal of advocating for middle-class and poor residents struggling to make ends meet,” Johnson said. “We have some important decisions to make, and I look forward to everyone working together to get things done for the residents who embraced us because we embrace their concerns.”

As one of the senior members of the Assembly Democratic Caucus, Wisniewski (D-Middlesex) will serve as a prominent Assembly Deputy Speaker with expanded duties. First elected in 1995, Wisniewski has chaired the Assembly Transportation, Public Works and Independent Authorities Committee since 2002 and has sponsored legislation to make school buses safer, overhaul motor vehicle agency operations, enhance teen driver safety and strengthen fire safety in college dorms and elsewhere.

“We have assembled a leadership team dedicated to working together each and every day to do what’s right for working class families,” Wisniewski said. “With millionaires enjoying the Governor’s tax cuts, it’s more important than ever that we work together to protect New Jersey values and our middle and low income families struggling to make ends meet.”

Prieto (D-Hudson) will replace Greenwald as Budget Committee Chairman. Prieto, a Cuban native, joined the Assembly in 2004. He’s been chairman of the Assembly Regulated Professions Committee and has sponsored legislation advocating for adoptee rights, transportation and infrastructure safety, property tax relief and job creation.

“We understand that living in New Jersey the last two years under the current administration has not been easy for the middle-class and poor, but this leadership team and this caucus will push forward with the constant goal of making New Jersey a more affordable place to live and work,” Prieto said. “The budget committee is where much of that work begins, and I’m committed to using my new position to be a strong advocate for our working class families.”

Wednesday, November 9, 2011

HCDNNJ Honors Speaker Sheila Oliver and Speaker Pro Tempore Jerry Green as 2011 Legislators of the Year

(New Jersey) - The Board of Directors for the Housing & Community Development Network of New Jersey (HCDNNJ) has selected Speaker Sheila Oliver and Assemblyman Jerry Green (Chairman of Housing & Local Government Committee) as the 2011 Legislators of the Year.  HCDNNJ acknowledges the leadership and tenacity displayed by both legislators in 2011 in working to jump-start the economy by creating affordable housing, and preventing legislative efforts to undermine our state's Mt. Laurel principles.

Speaker Oliver and Chairman Green will be recognized during HCDNNJ'S Semi-Annual Membership Meeting.  The meeting is scheduled for Dec. 7, at the Trenton Marriott, at approximately 10:30 a.m.

Milam, Albano, Caputo, Wagner & Ramos Praise Voter Support for Legal Sports Betting in New Jersey Casinos & Racetracks

(Trenton) - Assembly members Matthew W. Milam, Nelson Albano, Ralph R. Caputo, Connie Wagner and Reuben J. Ramos, Jr. Tuesday thanked voters for green-lighting a constitutional amendment that will allow the Legislature, when permitted by federal law, to legalize sports betting in New Jersey.

Currently, federal law only permits this type of betting in Nevada, Delaware, Oregon and Montana.  The constitutional amendment (ACR-167) approved by voters yesterday positions New Jersey to implement sports gaming at Atlantic City casinos and horse racing tracks in the State, if and when the federal law is overturned.

Under the proposal, bets could be placed at the casino or racetrack site on the results of professional, college or amateur sport or athletic events, except on college games that take place in New Jersey or in which a New Jersey college team participates.

"This is a great first step for legal sports wagering in New Jersey," said Milam (D-Cape May/Atlantic/Cumberland).  "With this amendment in place, we can now concentrate on lifting the federal ban so that Atlantic City and the state as a whole can reap the economic benefits of a gaming practice that reportedly generates billions illegally annually."

"Illegal internet gambling sites and bookies are profiting mightily from illegal sports betting as we speak," said Albano (D-Cape May/Atlantic/Cumberland).  "Legalizing the gambling practice in New Jersey would produce additional tax revenue for the state, and set Atlantic City apart from competing casinos in neighboring states.  With this vote, we are on our way."

"Without slot machines, racetracks in New Jersey are finding it very hard to keep up with the competition in other states.  Legalized sports betting in New Jersey would give our racetracks a competitive edge," said Caputo (D-Essex).  "Having this gaming option would help draw more visitors, which would afford the tracks and surrounding amenities a much needed financial boost."

"Our racetracks are fighting an unfair fight against the competition," said Ramos (D-Hudson).  "Sports betting is a billion dollar industry, and only four states are allowed by federal law to benefit from legal sports wagering.  This is a first step towards adding New Jersey to that list, generating tax dollars, creating jobs and breathing new life into our racetracks."

"The voters have delivered a win not only for Atlantic City casinos, but our racetracks which are struggling to stay afloat," said Wagner (D-Bergen).  "Now that voters have made legal sports betting in New Jersey possible, we can start working on turning that vote into actual law so that these types of attractions can benefit from new audiences, and residents from new jobs created."

THANK YOU 22ND LEGISLATIVE DISTRICT

I want to take this opportunity to thank all the voters in the City of Plainfield and the 22nd District. I feel I ran a clean campaign, running on issues, having nothing negative to say about neither the Republican Party nor my opponents.

As we all know on an off-year election, we have a very hard time getting voters out to the polls. But the ones that did come out, it is obvious that they still believe in the local and State Democratic Party. Although leadership on the State level will change, I will still be Chairman of Housing and Local Government, and Speaker Pro Tempore. This will be my 11th term as a member of the New Jersey State Assembly.

This whole campaign, whether it was the Mayor and administration, or the Council, I have given them the respect in terms of not getting involved with how they run the City, and I will continue to take that position. My job is to represent the 22nd District, and as Party chairman, to get people elected.

Unfortunately, in reading some of the blogs, I remember the times when I would get upset or respond negatively when someone goes out of their way to ignore my accomplishments and embarrass me. I want to congratulate my opponents, because some of these comments they have no control of. But in a few blogs, they mention I won in the 22nd District by 4,000 votes.

In an off-year, that is a lot of votes. They mention how Linda Stender received 700 more votes than I received. If you look at the results from Middlesex, we ran very close together. If you look at the votes from Somerset County, you will see we ran closely together. If you look at the votes in Linden and Rahway, you will see that we ran very close together.

So if you take the towns, including part of Plainfield, wherein people were letting me know they received calls reminding them that I was no different than Obama and we were the reason why the country is in bad shape; I find this very offensive. These calls were made by a group of individuals who called into Scotch Plains, Clark, and the Sleepy Hollow section of Plainfield.

So if you take away from these areas that these individuals used the race card, then Linda and I received the same amount of votes in the 22nd District. This is nothing new to me; this has been going on for the past 10 years. But I am taking the time now to let the public know that I am well aware, and I cannot fault anyone.

I am very proud to have worked with the New Democrats as well as the Mayor, in putting our differences aside and getting the job done. It is a shame that these individuals have so much hate in their hearts that they cannot even give the City credit for being a part of one the best campaigns run in recent history.

I am hoping that the Mayor and New Democrats do not feed into this nonsense. As of today, I am moving forward in getting our President re-elected.

Four years ago, when these groups felt the same way about Obama, that is when I stopped taking it personal. They need to wake up and smell the coffee. They have a man of color that is the President of the United States, and one of their candidates running for President is a man of color. So it is obvious that when people makes such statements, that the public is not interested in that sort of talk anymore.

Every year, I have been able to win more and more support within the 2nd Ward. This year, I was very pleased with my support out of the 2nd Ward. I might have ran some votes behind Linda Stender, but just the mere fact that my opponent during the course of her campaign mentioned that she was born and raised in the 22nd District, but failed to mention that she lived in Plainfield.

I live in Plainfield; I love Plainfield and am very proud of Plainfield. I hope everyone can continuously come together to move Plainfield in the right direction.

These blogs that try to intimidate and threaten the New Democrats who supported Column A, not just Jerry Green, are insulting to the people of Plainfield.

So to Doc and Rob, it is time to wake up; this is not 1960, and people are tired of hiding behind the ability to turn the clock back. The Democratic Party as a whole will not always agree, but at least we have the county talking about the great job we have done in moving the City in the right direction.

So anyone interested in working to re-elect President Obama, please reach out for me, for I will be putting my energies into that as well as my job in Trenton.

So moving forward, just like today, I will refuse to get into the gutter and get involved with that sort of politics that the national Republican Party is into. This shows you what they will do to a man if he is not the pick of their choice.

Wednesday, November 2, 2011

Caputo Reiterates Call to Let Voters Decide On Gaming in North Jersey As New Aqueduct Casino Attracts Droves

(Belleville) - With the new Aqueduct Casino in Queens drawing lines as long as football fields, Assemblyman Ralph Caputo (D-Essex) on Wednesday stressed the need for legislation he is sponsoring that would bring video lottery terminals (VLTs) to the Meadowlands Race Track and let voters decide if they want more gaming in Bergen County.

"We've buried our head in the sand for far too long now and competition has reached our borders," said Caputo.  "Aqueduct's smash opening weekend made it clear that there is a market in the North Jersey/New York area for gaming.  Unfortunately, New York beat us out of the gate."

Caputo, who serves on the Assembly Regulatory Oversight and Gaming Committee, is the sponsor of two separate bills (A-2458 and A-2550) that would authorize the installation of the VLT's at the Meadowlands.  Both bills would require voter approval at the ballot.  He is also the sponsor of a measure (AJR-65) that would explore future prospects for casino gaming in Bergen County, as well as another measure (ACR-169) that would allow voters to determine if casinos should be established in Bergen County.

"I understand the need to support Atlantic City as a gaming destination, but competition has arrived.  With the full range of gaming and entertainment options offered at Aqueduct, why would someone from North Jersey or the New York area venture 2-3 hours to Atlantic City on a regular basis if they can take a short train ride to Queens?"

"This is about common sense at this point.  If anyone still doubts the viability of gaming at the Meadowlands, then we should put it to the voters to decide.  If there's overwhelming support at the ballot, then we know the market is there.  Not only would gaming at the Meadowlands Race Track help boost our industry, but it would keep additional gaming revenue in New Jersey rather than letting New York siphon it off," added Caputo.

Caputo noted that news reports over the weekend claimed lines of patrons stretched longer than football fields and traffic on nearby streets came to a virtual standstill as thousands of gaming enthusiasts descended upon New York City's first legalized gaming racino at Aqueduct Racetrack.

Caputo also pointed out that legislative leaders in New York recently voiced their support for a constitutional amendment to allow slot machines, table games and card games in various locations throughout New York state, possibly even in Manhattan, creating the specter of even further competition for New Jersey.

"We must face the fact that gamblers are already being lured away from Atlantic City and out of the state completely to racinos and other new gaming venues in New York, Connecticut, Pennsylvania and Delaware," added Caputo.  "We have a responsibility not only to protect Atlantic City casinos, but to also do all we can to support our entire gaming industry, to retain and expand the revenue it generates and, most importantly, to keep that revenue here in New Jersey."

Tuesday, November 1, 2011

NJ CitizenAction Political Action Committee

Dear Assemblyman Green,

Congratulations!  New Jersey Citizen Action's Political Action Committee is proud to endorse you for re-election to the Assembly representing the 22nd Legislative District.  As the state's largest independent citizen watchdog coalition, the NJCA pays careful attention to the critical issues facing New Jersey families.  Your leadership and principled positions on key issues related to health care, the environmental and housing makes you a leader voters need to have in Trenton.

Your background, experience and campaign platform demonstrate strong support for all of the major concerns facing New Jersey families.  We are especially pleased with your support of workers' rights and family and work life balance policies.  Fiscal disparity throughout the state is only growing but with your support and leadership, we can start to reverse this trend and protect our state's most vulnerable.

The PAC was also impressed with your firm commitment to quality healthcare, including state health insurance exchanges, Medicaid ACO projects, along with fighting for critical safety net services like FamilyCare and family planning in the State Budget.  Moreover, your responses to our candidate questionnaire showed strong support for the major issues of concern to our members and the public-at-large.  We hope that you will reconsider your position on telecommunication deregulation and oppose S2664/A3766 should it come up for a vote again.

NJCA's PAC believes that you have demonstrated the vision and commitment on the issues to achieve our common goals of decreasing the cost of living while increasing the quality of life in New Jersey.  We will communicate our endorsement to all our members and post our endorsements on our PAC website at http://www.njcapac.org/.

Sincerely,

Mitch Khan
PAC Chairman

Phyllis Salowe-Kaye
Executive Director