Speaker Oliver, Greenwald, Watson Coleman & Schaer Bill to Restore Earned Income Tax Credit Cut by Gov. Christie Clears Assembly

(TRENTON) – Legislation sponsored by Speaker Sheila Y. Oliver, Assemblyman Lou Greenwald, Assemblywoman Bonnie Watson Coleman and Assemblyman Gary S. Schaer to help working poor families by restoring the New Jersey Earned Income Tax Credit cut by Governor Christie was released 48-31 Monday by the Assembly.

            The Earned Income Tax Credit is a credit for working poor residents who work and have earned income. The governor reduced the credit from 25 percent of the federal tax credit to 20 percent in 2010, effectively raising the income tax liability for New Jersey families by $45 million. The bill (A-3029) would reverse the cut and restore the program to its previous level of 25 percent.

            “Many working families in New Jersey are financially strapped. The last thing they need is a tax increase, but that’s exactly what they’re getting with the governor’s cut,” said Oliver (D-Essex/Passaic). “It’s beyond me how the governor and Republicans can justify tax cuts for millionaires while saddling poor working families with tax increases, but if they won’t help working people, we will.”

            “New Jersey’s poor working families need financial relief now more than ever. Reducing the tax credit only makes their financial situation more dire,” said Greenwald (D-Camden/Burlington). “The governor’s obsession with tax cuts for millionaires at the expense of working families is unconscionable. We have a responsibility to all residents of this state, especially those who work and still struggle to make ends meet. Let’s give these families the resources they need to earn their way out of poverty.”

            “Families across New Jersey have been forced to do more with less under this administration. It’s painfully clear that poor working families are not a priority or a consideration for this governor,” said Watson Coleman (D-Mercer/Hunterdon). “This tax credit is not the end-all be-all, but it can provide some financial stability to families struggling to keep up with their expenses. These families need our help now, not later.”

           

            “This tax credit is based on the federal tax credit, which has been credited with reducing child poverty and increased work incentives,” said Schaer (D-Bergen/Passaic). “It’s unfortunate that the governor would see fit to cut a tax credit program that has bared such positive results. Denying poor working families financial relief is no way to govern. These families need financial relief and this bill delivers that.”

            According to federal and state data, some 528,000 taxpayers received an average state Earned Income Tax Credit (EIC) benefit amount of approximately $430 during fiscal year 2010, the most recent year for which data is available. Under the bill, the average EIC benefit amount would grow to approximately $545, assuming a level number of participants.

            The governor claimed he was proposing restoration of the credit to 25 percent in his fiscal year 2013 budget address, when in actuality, he planned to restore half of the reduction in fiscal year 2014 and the other half in fiscal year 2015, meaning there would be no restoration of benefits in the fiscal year 2013 budget.  This bill would restore the credit to 25 percent for tax year 2012, thereby providing the full restoration in fiscal year 2013. The bill would take effect immediately.

            The state credit is based on the federal credit, considered the nation’s largest and most successful anti-poverty program. Created in 1975 to ease the burden of payroll taxes for the working poor, the federal earned-income tax credit was expanded by President Reagan, and has substantially reduced child poverty and increased incentives to work. Twenty-four states created their own credits to extend tax relief for their residents, based on a percentage of the federal credit.

            The bill now awaits further consideration by the Senate.

Burzichelli, Greenwald, Ramos & Conaway Bills Barring Employers & Colleges from Requiring Login Information for Social Networking Profiles Approved by Full Assembly

(TRENTON) – The full Assembly on Monday approved a package of bills sponsored by Assemblymen John Burzichelli, Louis Greenwald, Ruben Ramos, Jr. and Herb Conaway, Jr., M.D. that would bar employers and colleges from requiring current or prospective employees or students to turn over their login information for social networking websites as a condition of employment or acceptance.

Approval of the legislation comes amidst growing reports of private businesses and higher education institutions demanding Facebook login information from job applicants.

“In this job market, especially, employers clearly have the upper hand.  Demanding this information is akin to coercion when it might mean the difference between landing a job and not being able to put food on the table for your family,” said Burzichelli (D- Cumberland/Gloucester/Salem).   “This is a huge invasion of privacy that takes ‘Big Brother’ to a whole new level.  It’s really no different than asking someone to turn over a key to their house.”

Specifically, the first bill (A-2878), which was approved by a vote of 77-0-2 to, would prohibit an employer from requiring a current or prospective employee to provide or disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device.  Employers would also be prohibited from asking a current or prospective employee if they have an account or profile on a social networking website.

“This practice is highly invasive and also begs the question of where do you draw the line,” said Greenwald (D-Camden/Burlington).  “If an employer or college claims they’re trying to gain a perspective on the applicant’s life, what’s to stop them from trying to require the login information for a spouse or parent?   With the economy still struggling to gain traction, most people don’t have the luxury of standing up to a prospective employer and denying this type of request.” 

Violations of the provisions of the bill would carry civil penalties up to $1,000 for the first violation and $2,500 for each subsequent violation.

Similarly, the second bill (A-2879), which was approved by a vote of 75-0-2, would prohibit a public or private institution of higher education in New Jersey from requiring a student or applicant to provide or disclose any user name, password or other means for accessing a personal account or service through an electronic communications device. 

“If we don’t draw this line in the sand now, who knows how far this invasion of privacy might be taken,” said Ramos (D-Hudson).  “In an economy where employers clearly have the upper hand, we need to protect the rights of job seekers from being trampled.”

Both bills would also prohibit an employer or college or university from requiring a prospective employee or applicant to waive or limit any protection granted under the bill as a condition of applying for or receiving an offer of employment. The bills also prohibit retaliation or discrimination against an individual who might file a complaint or testify as part of an investigation into violations of the law. 

“Sometimes there’s a fine line between thoroughly vetting a prospective employee and invading their privacy,” said Conaway (D-Burlington).  “The rapid advancement of technology creates a slippery slope that these bills aim to temper.”

The bill would also bar a public or private institution of higher education from prohibiting a student or applicant to participate in activities sanctioned by the institution of higher education, or in any other way discriminate or retaliate against a student or applicant, as a result of the student or applicant refusing to provide or disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device.

The sponsors noted that the rise of social networking sites has made it more commonplace for employers to review publicly available Facebook profiles, Twitter accounts and other such sites, however they questioned the legality of demanding login information from applicants.

The bills now await consideration by the Senate.

Burzichelli & Ramos Bill to Allow Mobile Gaming, Modernize Gaming in Atlantic City & Boost Casino Promotional Draws Gets Assembly Approval

(TRENTON) – Legislation sponsored by Assembly Democrats John Burzichelli and Ruben Ramos, Jr. to modernize gaming in Atlantic City by incorporating 21^st century technology – including mobile gaming - was approved 77-0-2 Monday by the Assembly.

            “In order to remain attractive to visitors and competitive with neighboring states, it’s important that Atlantic City keep up with the latest innovations and trends,” said Burzichelli (D-Cumberland/Gloucester/Salem).  “This move will allow visitors to enjoy gaming while they’re taking advantage of other attractions that the casino hotels have to offer.  It’s a smart 21^st century adaptation on the part of the casinos.”

The bill (A-2575) would make various changes to the law governing casino gaming in New Jersey, chief among them would be allowing casinos to offer electronic versions of authorized games to be played on mobile gaming devices in any area located within the property boundaries of the casino hotel facility, including the swimming pool area and any outdoor recreation area, provided that the mobile gaming must not extend outside of the property boundaries of the casino hotel facility.

“With all of the increasing attractions in Atlantic City, this is a great way to appease everyone,” said Ramos (D-Hudson).  “If a couple or a group of friends go down and somebody wants to lounge by the pool, or take in a show or dinner, those who want to take advantage of gaming attractions can now have it at their fingertips so they don’t have to miss out on any of the action.  In order to position Atlantic City to remain competitive with neighboring states, we need to embrace the future.”

The bill would also amend the definition of “gross revenue” under regulation to allow casinos to offer items such as cars, iPads or other popular items to entice people to New Jersey casinos.  The legislation would also restore language which would allow casinos to compensate a junket enterprise based upon the actual casino gaming or simulcast wagering activities of a patron procured or referred by the junket enterprise.

           

Barnes, Greenwald, Quijano, Spencer & Vainieri Huttle Bill to Fund Legal Assistance to Low-Income Residents; Modernize Court Information System Approved by the Senate

(TRENTON) – Legislation sponsored by Assembly Democrats Peter J. Barnes III, Lou Greenwald, Annette Quijano, Grace Spencer and Valerie Vainieri Huttle to authorize the Supreme Court to increase or add new court filing fees to fund the judiciary’s computerized court information system, and Legal Services of New Jersey, a non-profit that provides free legal assistance in civil matters to individuals living below the poverty line, was approved 24-11 Monday by the Senate.

“Everyone has a right to legal representation, but in civil cases, not everyone can afford it. Legal Services of New Jersey has been a lifeline for low-income residents in need of legal assistance, yet the governor reduced its funding by $10 million in last year’s budget,” said Barnes (D-Middlesex). “This bill creates a more stable source of funding to allow this organization to continue its important work of assisting people who need legal help in civil matters, but can’t afford it. In these times when more and more people are struggling economically, maintaining this service is critical.”

The bill (A-763/S-2062) would authorize the Supreme Court to revise or supplement filing fees and other statutory fees payable to the court. Under the bill, the fee increases would be limited to $50 per fee. Revenue from the fees would be used to fund:

·       the development, maintenance and administration of a statewide, computerized court information system, that incorporates electronic filing, service of process, document and case management, financial management, and public access to digital court records; and

·       the provision of legal assistance in civil matters by Legal Services of New Jersey.

            The bill would establish in the general fund a dedicated, non-lapsing fund to be known as the “21st Century Justice Improvement Fund” into which Treasury would deposit annually a sum equal to the revenue derived from the increase in the fees collected pursuant to the bill.

            To the extent that sufficient funds are available, annual collections deposited into the “21st Century Justice Improvement Fund” would be distributed as follows:

·       The first $17 million deposited into the fund would be appropriated annually to assist the courts in transitioning to a computerized court information system (commonly referred to as “e-Courts”);

·       The next $10.1 million would be appropriated annually to the Department of the Treasury for distribution to Legal Services of New Jersey and its affiliates. This amount would supplement other funds as may be appropriated from any other source in a fiscal year for the same purpose. Additionally, this amount as well as all other state funds distributed to Legal Services of New Jersey would be required to be used exclusively for the provision of legal assistance to the poor in civil matters.

·       Any remaining funding would be retained by the judiciary for the purpose of developing, maintaining and administering information technology.

            “Legal Services of New Jersey provides an essential service to people in our state who unfortunately can’t afford legal representation in civil cases,” said Greenwald (D-Camden/Burlington). “The judicial system can be complicated and intimidating. By providing funding for this organization, we can ensure these residents don’t have to step into a courtroom without proper legal guidance.”

            “This bill accomplishes several purposes. It helps fund the important work of Legal Services of New Jersey, as well as other organizations and programs that provide services to our most vulnerable residents, and helps cut down on high maintenance costs and provided better safe keeping of court records by funding the computerization of our court systems,” said Quijano (D-Union).

            “Legal services can be quite expensive. Hiring an attorney to represent them in a civil case is sadly not an option for many residents living below the poverty line. This bill would ensure that these residents have access to proper legal advice and other valuable services,” said Spencer (D-Essex). “No one should have to risk getting justice because they couldn’t afford to pay for an attorney.”

            “Navigating the judicial system can be daunting. No one should have to go at it alone, especially because of money,” said Vainieri Huttle (D-Bergen). “This bill provides the funds that will help Legal Services of New Jersey to continue to offer free, legal services in civil cases to those who can’t afford it, and upgrade the courts’ antiquated computer system for enhanced productivity at lower operating costs. It’s a win-win.”

           

            The bill authorizes the courts to review the fee increases around the fifth and tenth anniversaries of the effective date, to determine whether the fees should remain unchanged or be reduced to reflect the funding needs associated with the computerized court information system.

            The bill would take effect on July 1, 2012, except for the sections in the bill authorizing the Supreme Court to revise or supplement filing fees and other statutory fees, which would take effect immediately. The bill now heads back to the Assembly for further consideration.

Benson, DeAngelo, Quijano, Lampitt & Giblin Bill to Boost College Internships in Life Sciences Field Advanced by General Assembly

(TRENTON) – By a vote of 47 to 31, the General Assembly on Thursday approved legislation sponsored by Assembly Democrats Daniel Benson, Wayne P. DeAngelo, Annette Quijano, Pamela R. Lampitt and Thomas P. Giblin that would help boost paid internship opportunities for college students in the life sciences field.

            The bill (A-1596) would create “The New Jersey Life Sciences Internship Challenge” program, which provides a tax credit subsidy to small life science companies to establish a limited number of paid summer internships in the life sciences field for undergraduate students from New Jersey and undergraduate students attending New Jersey schools.

            “This bill helps New Jersey students attain paid work experience in the life sciences field,” said Benson (D-Mercer/Middlesex). “These companies represent well-paying jobs for our graduates. By targeting smaller companies, we are helping them to grow and bolster this vital segment of our state’s economy.”

            “It’s almost expected for college students to build up their work experience by participating in internship programs,” said DeAngelo (D-Mercer/Middlesex). “This particular program gives our college students a paid option in a burgeoning field that offers good wages to its workers, while strengthening the companies that will one day be looking to hire the best prospects.”

            “Many careers began with a well-placed internship. Unfortunately, not all college students can afford to take an unpaid internship,” said Quijano (D-Union). “This program affords them the opportunity of experience and a paycheck, and gives the participating companies the chance to cultivate these students to be the type of professionals they will want to hire after graduation.”

            “This bill helps New Jersey students attain paid work experience in the life sciences field, which is an integral part of our state’s economy,” said Lampitt (D- Camden/Burlington). “It also helps smaller life sciences companies hire from among our talented pool of college students and prepare them for the jobs of tomorrow. By helping these smaller life sciences companies grow here in the state, we help bolster this very vital segment of our economy.”

            “Internships help build a student’s resume, but not every college student can afford to pass on a paycheck to take an unpaid internship,” said Giblin (D-Essex/Passaic). “This program provides more opportunities for students who cannot afford to take unpaid internships, and helps prepare them to enter today’s competitive workforce in a growing field that offers good wages to its workers.”

            Under the bill, the New Jersey Economic Development Authority would administer the program and set the number of internships eligible to receive a tax credit subsidy each year, which may be up to 150.

            The amount of the tax credit would be equal to the wages paid to the intern, up to a limit of 20 hours per week at $15 per hour, for a maximum of 12 weeks. The bill does not prevent a participating company from paying a higher wage to its interns or for hiring them for more hours, but any wages paid beyond the limit set by the bill would not be eligible for the tax credit subsidy.

            Any life science company with a research laboratory within New Jersey may hire summer interns through the program, but only companies that have their principal place of business in the state and have fewer than 100 employees are eligible to receive the tax credit subsidy.

            Eligible students must be either New Jersey residents or full-time students at a college or university located within New Jersey, or have completed at least two full-time academic years at a college or university, or its equivalent in part time credits. Students who graduated more than a year before the start of the internship would not be eligible.  

            The bill now awaits consideration by the Senate.

Quijano, Lampitt, Riley & Vainieri Huttle Bill Requiring Distribution of Student Loan Payment Info Approved by Assembly

U.S. DOE Report on Cost of College Listing NJ Schools

Among Costliest in Nation Further Proof of Legislation’s Importance

(TRENTON) – Legislation sponsored by Assemblywomen Annette Quijano, Pamela Lampitt, Celeste M. Riley and Valerie Vainieri Huttle that would require educational brochures on college loan repayment schedules to be created and distributed to high school students was approved 78-0 Thursday by the Assembly.

“Many college-bound students and their families fail to realize how burdensome student loan debt can truly be until they receive their first repayment book after graduation, which often has monthly payments in the hundreds or even thousands of dollars,” said Quijano (D-Union).  “Providing critical education before they sign loan documents can help students graduate without being mired in debt.”

The measure (A-1083) would direct the state Higher Education Student Assistance Authority (HESAA) to create a document that will serve to educate high school students about college loan repayment schedules.  The HESAA would be required to post the document on its website and distribute it annually to public and nonpublic high schools. School districts and nonpublic high schools would be required to disseminate the document to high school juniors and seniors annually.

The sponsors said their legislation was especially necessary and timely after an annual report issued in June 2011 by the U.S. Department of Education listed several New Jersey public colleges as among the most expensive in the nation.  The New Jersey Institute of Technology and The College of New Jersey ranked fifth and eleventh most expensive public colleges in the nation, respectively, in terms of tuition and fees.  Rowan University ranked fourth most expensive in terms of net price – a calculation that factors in the cost of room, board, books and how many students get scholarships, grants and financial aid.

The document would include examples of monthly and annual loan payments required for various types of student loans, based on differing principal loan amounts and current interest rates, the time period it would take to fully repay those loans based on various monthly or annual payment installments, definitions of fixed rate loans, variable rate loans, and consolidation loans, and the consequences of defaulting on a student loan.

“With a concerning trend of growing student debt loads, it is critical that students receive information on how to manage their student loans intelligently and effectively,” said Lampitt (D-Camden/Burlington). “I am hopeful this legislation will educate students on how they can protect themselves financially while seeking a top-notch education.”

“With New Jersey families pinching every penny possible nowadays, having as much information as possible when making financial decisions is critical,” said Riley (D-Cumberland/Gloucester/Salem), Chairwoman of the Assembly Higher Education Committee.  “This document can provide parents and students with the ability to assess the real, long-term costs of a college education.”

            “While a college education is priceless in terms of opportunities and experiences, it is also extremely expensive in terms of financial resources. The cost of higher education has dramatically and disproportionately increased in recent years,” said Vainieri-Huttle (D-Bergen). “Students and their families must be aware of the financial realities of college so they can make smart, informed decisions about what schools they choose to attend and how they finance their education.”

            The bill now awaits further consideration by the Senate.

Diegnan, Caputo, Coutinho, Jasey, Watson Coleman & Coughlin Tenure Reform Bill Gains Assembly Approval

(TRENTON) – Revised tenure reform legislation sponsored by Assembly Education Chairman Patrick J. Diegnan Jr. and Assembly Democrats Ralph Caputo, Albert Coutinho, Mila Jasey, Bonnie Watson Coleman and Craig Coughlin was approved 79 to 0 by the full Assembly on Monday.

“This is meaningful tenure reform that does what’s best for our children while balancing the protection of due process for our principals and teachers” said Diegnan (D-Middlesex). “This is real change that will ensure new teachers are properly trained and evaluated and that tenure charges are handled in a timely and professional manner. We will no longer endure endless tenure squabbles that consume taxpayer dollars meant for education. Instead, this legislation gives school districts cost and time certainty when it comes to removing ineffective teaching staff members. Our focus will be where it should be - making sure we have the best teachers in the classroom.”

“This is a significant step toward creating a sustained process to expeditiously remove ineffective teachers from our schools,” said Caputo (D-Essex). “In those cases where questions arise about a teacher’s effectiveness, school boards will be able to get a timely review and safeguard the quality of education that exists in our schools.”

“The winners today are students and taxpayers,” said Coutinho (D-Essex).  “These reforms will ensure that our students have the best and most effective teachers in the classroom and that taxpayer money isn’t wasted on a long and arduous process of removing the ineffective ones.”

“These historic reforms balance the needs of our students while ensuring that teachers are treated fairly,” said Jasey (D-Essex/Morris).  “This will help us remove any ‘bad apples’ swiftly while, at the same time, making sure good teachers aren’t unfairly targeted for political reasons or otherwise.  In the end, it’s the students who will win out.”

“This is sensible tenure reform that ensures only the best teachers will be in our classrooms,” said Watson Coleman (D-Mercer). “We’re streamlining the process but also ensuring fairness, and in the end our children win.”

“This reform emphasizes quality teaching and ensures only the best for our students,” said Coughlin (D-Middlesex). “We’re moving obstacles but ensuring due process with timely decisions, and protecting our children’s future all at the same time.”

            Under current state law, teachers, principals, school business administrators and other school staffers become tenured after completing three years employment in a school district.

Under the reform bill (S-1455/A-3060):

·       Tenure for new employees would be provided after four years employment in a school district;

·       A new teacher would spend their first year in a mentorship program during which the new teacher will be partnered with an experienced and effective teacher for assistance, support and guidance;

·       Each school district would have to annually submit to the education commissioner the evaluation plan it will use to test the effectiveness of teachers and administrators;

·       Evaluations of teachers would only be conducted by supervisors in the district, not outside personnel;

·       Test scores, alone, would not be a predominant factor in a teacher’s evaluation, but one of several;

·       Any teacher or administrator who receives two “ineffective” ratings, which is the lowest of four tiers, on two consecutive annual evaluations will face tenure charges;

·       Any teacher or administrator who receives “partially effective” rating, followed by an  “ineffective” rating, on two consecutive annual evaluations will face tenure charges;

·       Binding arbitration would be required for any contested tenure cases.  This process would be run by the Department of Education with the commissioner controlling the arbitrators.  The arbitrator’s decision would be binding;

·       Contested cases would no longer be referred to Administrative Law Judges, and the final determination would no longer be made by the education commissioner;

·       The hearing before the arbitrator must be held within 45 days of the case being assigned.

The measure now awaits the Senate’s concurrence on amendments recently passed by the Assembly before it heads to the Governor’s desk.

Democratic Legislation to Return Revenues to Towns for Property Tax Relief, Make Up for Years of State Diversions Gets Assembly Ok

Singleton, Burzichelli, Schaer, DeAngelo, Coutinho, Benson & Prieto Bill Would Provide $330M in Additional Property Tax Relief over Next Five Years

TRENTON – By a vote of 52-14-13, the full Assembly on Monday approved Democratic legislation intended to provide roughly $330 million in additional property tax relief to residents by restoring hundreds of millions of dollars worth of cuts to the amount municipalities received in their share of state energy tax revenues and municipal aid. 

The bill (A-2921) is sponsored by Assemblymen Troy Singleton, John Burzichelli, Gary Schaer, Wayne DeAngelo, Albert Coutinho, Daniel Benson and Vincent Prieto.

“In the past, every dollar taken from our towns was an additional dollar taken from property taxpayers and now every dollar taken from our towns means decreased services and less value to taxpayers,” said Singleton (D-Burlington). With this innovative approach, we not only provide municipalities with the revenues they deserve, but also further insulate taxpayers by requiring it to go for property tax relief.”

“This is right thing to do for our communities and our taxpayers,” said Burzichelli (D-Cumberland/Gloucester/Salem.  “The two percent property tax cap has made it harder and harder for municipalities to get by without cutting services, making this funding all the more important.”

The bill would restore the cuts made to the Consolidated Municipal Property Tax Relief Aid (CMPTRA) program and the Energy Tax Receipts (ETR) Property Tax Relief Aid program in fiscal years 2009, 2010 and 2011. The funds would be provided over a five-year span, with the first payment coming in the upcoming Fiscal Year 2013 when municipalities would receive an aid increase equal to 20% of the difference between their total payment of CMPTRA and ETR in Fiscal Year 2008 and Fiscal Year 2012.  

Municipalities would receive equal increases in each of the following four fiscal years.  The fully restored amount would be distributed beginning in State Fiscal Year 2017 and in each fiscal year thereafter.  

“Since this revenue has been raided, we’ve seen the property tax crisis worsen.  This is no coincidence and we need to remedy the situation,” said Schaer (D-Bergen/Passaic).  “This will hold Trenton accountable while helping towns tow the line on property taxes.”

 “Towns and property taxpayers, alike, are struggling to make ends meet,” said DeAngelo (D-Mercer/Middlesex).  “We’ve heard a similar refrain from mayors all over the state.  It’s time to return this money to where it belongs.”

The returned energy tax revenues would be statutorily dedicated to property tax relief, and municipalities would still be subject to the state's current two percent property tax cap.

The bill also extends the existing "poison pill" on the ETR program to CMPTRA to ensure that the state lives up to its obligation to municipalities through the budget. Under the measure, if the state's annual appropriations act doesn't provide the required one-fifth increments over the next five years, the entire Corporation Business Tax would sunset.

“Fiscal games shouldn’t be played with property tax relief.  Trenton needs to be held accountable to local taxpayers and that’s what we hope to accomplish with this measure,” said Coutinho (D-Essex).

 “Towns up and down the state have been struggling to stay within the new two percent property tax cap.  Robbing them of this much-needed aid makes that all the harder and residents are the ones who have paid the price through decreased services,” said Benson (D-Mercer/Middlesex).

“This measure will make sure that towns continue to receive their full amount of aid, and that local property tax relief is maximized,” said Prieto (D-Hudson).

The measure now awaits final legislative approval by the Senate.

Assembly Approves Gusciora, Watson Coleman, Spencer, Barnes Bill to Decriminalize Possession of Small Amounts of Marijuana

Measure Would Put New Jersey in Line with 14 Other States, Including Neighboring NY & CT

(TRENTON) – Bipartisan Legislation sponsored on the Democratic side by Assembly members Reed Gusciora, Bonnie Watson Coleman, L. Grace Spencer and Peter Barnes III that would decriminalize the possession of 15 grams or less of marijuana was approved 44-30-3 by the General Assembly on Monday.

“This bill would put us in line with neighboring states like Connecticut and New York, which recently decriminalized marijuana possession,” said Gusciora (D-Mercer/Hunterdon).  “The bill recognizes the realities of our current drug laws, which are overly punitive for marijuana and taxing on our criminal justice system.”

Under the bill (A-1465), a person who is caught possessing 15 grams or less of marijuana would be subject to a $150 fine for a first violation, a $200 fine for a second violation, and a $500 fine for a third or subsequent violation.

Additionally, a person who is caught possessing drug paraphernalia for the personal use of 15 grams or less of marijuana would no longer have committed a criminal violation but would be subject to a $100 civil penalty.

“Possession of a relatively small amount of marijuana can have serious long-term consequences on many aspects of a person’s life,” said Watson Coleman (D-Mercer/Hunterdon).  “Once a person has a criminal record, it can affect their job, schooling, home life, and personal perception.  Decriminalizing small possession would ease these burdens while also taking taxpayers off the hook for the cost of prosecuting these crimes.”

The bill would also require anyone under 21 who is caught with marijuana three times, to undergo a drug education program.  The courts would also be authorized to order professional diagnostic assessments of adults who have committed a third or subsequent offense to determine whether they would benefit from drug treatment.  The person would be responsible for paying any costs associated with participation in the program, consistent with their ability to pay. If the violation is committed by a person under the age of 18, the person would be referred to the Family Part of the Chancery Division of the Superior Court for an appropriate disposition.

The bill was recently amended to require that $50 of each fine paid would be set aside for the “Drug Education Program Fund” which would be established by the bill. 

 “Fourteen other states have already made the move to decriminalize possession of small amounts of marijuana,” said Spencer (D-Essex).  “To continue to take such a heavy-handed approach to the situation will only exact further tolls on taxpayers and the otherwise law-abiding citizens who get caught with simple possession.”

Additionally, this bill would establish that it is no longer a disorderly persons offense to be under the influence of marijuana or to fail to voluntarily deliver 15 grams or less of marijuana to the nearest law enforcement officer. This bill would also eliminate the requirement that a person who operates a motor vehicle while in possession of 15 grams or less of marijuana must pay a $50 fine and forfeit the right to operate a motor vehicle for a period of two years.

The Commissioner of Human Services would be charged with adopting any rules or regulations necessary to carry out the bill.

“This is not about turning a blind eye, this is about taking a realistic approach to the situation,” said Barnes (D-Middlesex), Chair of the Assembly Judiciary Committee.  “Marijuana is known to be far less addictive than alcohol or cigarettes and yet we spend untold dollars every year to arrest and prosecute individuals for simple possession.”

According to the Federal Bureau of Investigation’s annual Uniform Crime Report, marijuana arrests now comprise more than one-half (approximately 52 percent) of all drug arrests reported in the United States, with more than 800,000 people arrested for marijuana-related charges each year, the vast majority of them for simple possession.

A decade ago, marijuana arrests comprised just 44 percent of all drug arrests. Approximately 46 percent of all drug prosecutions nationwide are for marijuana possession. Of those charged with marijuana violations, approximately 88 percent (758,593 Americans) were charged with possession only.

Studies also indicate that users of marijuana have a relatively low rate of dependence.  According to a federal Institute of Medicine study in 1999, fewer than 10 percent of those who try marijuana ever meet the clinical criteria for dependence, compared to 32 percent of tobacco users and 15 percent of alcohol users.  Furthermore, according to the Drug Policy Alliance, there is no convincing evidence that heavy long-term marijuana use permanently impairs memory or other cognitive functions.

In addition to being supported by a number of advocacy organizations, including the Drug Policy Alliance, fourteen other states have decriminalized possession of small amounts of marijuana.  Alaska, California, Colorado, Massachusetts, Nebraska, Nevada and Oregon have decriminalized possession of one ounce (about 28 grams) of marijuana or less.  Connecticut and North Carolina have decriminalized one half ounce or less.  Minnesota has decriminalized 42.5 grams or less; Mississippi: 30 grams or less; New York: 25 grams or less; and Ohio: 100 grams or less.

The legislation now heads to the Senate for consideration.

Watson Coleman, Johnson & Quijano Bill to Phase In Mandatory Sentencing to Drug Court Program Approved by Assembly

   (TRENTON) – Legislation sponsored by Assembly Democrats Bonnie Watson Coleman, Gordon M. Johnson and Annette Quijano that would phase in statewide mandatory sentencing to New Jersey’s drug court program for nonviolent offenders was approved 79-0 Monday by the Assembly

            “Imprisonment is a costly solution, and too often with nonviolent drug offenders, it is not a solution at all. Many of these individuals are leaving prison worse off than they entered it,” said Watson Coleman (D-Mercer). “The voluntary drug court program in New Jersey has had great success. Expanding the program will help us avoid the expense of incarceration and get these individuals on the right path to recovery.”

            The bill (A-2883/S-881) would phase in mandatory drug court for nonviolent offenders over a 5-year period. Currently, participation in the drug court program is voluntary. The program will be phased in, in at least three vicinages to be determined by the Administrative Office of the Courts in the first year.

            Under the bill, the courts would have to evaluate the program’s effectiveness annually for the duration of the phase-in period (including studying recidivism rates, costs and comparisons of counties where the mandatory program has been implemented to those where it has not been phased in).

            The governor has proposed expanding the drug court program statewide. The governor’s proposed budget appropriates just $2.5 million to drug courts, but according to the Administrative Office of the Courts, a statewide drug court program would cost nearly $20 million to administer.

            “Drug court participants have lower recidivism rates than offenders who are incarcerated in state prisons because of the program’s multifaceted approach to crime and addiction,” said Johnson (D-Bergen). “Making the program mandatory would not only help these individuals get better, but it would save the state on incarceration costs. It’s a win-win.”

            “This measure is intended to build upon the success of the drug court program by mandating participation in the program for certain individuals,” said Quijano (D-Union). “Many drug offenders get worse in prison and are then released back to their communities. Considering the potential societal benefits, requiring these type of offenders to participate in the program makes sense.”

            The bill would require certain defendants to undergo a professional diagnostic assessment to determine whether, and to what extent, the defendant is drug dependent and would benefit from treatment. This assessment would be ordered for any defendant who: (1) is reasonably suspected to be drug dependent; (2) is ineligible for probation due to a conviction for a crime that is subject to a presumption of incarceration or a mandatory minimum period of parole ineligibility; and (3) meets the legal criteria for admission to the “drug court” program.

            If, based on the results of the professional diagnostic assessment, the court determines the defendant is drug dependent and otherwise eligible to be sentenced to the drug court program, the court would be required to sentence the defendant to the drug court program unless it finds it is required to impose a sentence of imprisonment pursuant to Chapters 43 and 44 of the Criminal Code.

            The bill would provide two exceptions to mandatory sentencing to the drug court program: when the court finds a sentence of imprisonment should be imposed; or when the court is clearly convinced that 1) the defendant would receive adequate treatment, monitoring and supervision under an ordinary sentence of probation, 2) the defendant’s needs would not be better served by a sentence to the program, 3) no danger to the community would result from a sentence to regular probation, and 4) a sentence to regular probation would be consistent with the sentencing provisions of the Criminal Code.  

            As a result of the drug court program’s multifaceted approach to crime and addiction, drug court participants have a far lower recidivism rate than offenders who are incarcerated in state prisons.

            The Department of Corrections tracked drug offenders released from prison for three years after their release. It found that 54 percent of drug offenders were arrested for an indictable offense and 43 percent were reconvicted, while 16 percent of drug offenders who graduated from a drug court program were arrested and 8 percent were reconvicted three years after graduating from the program.

            The Department of Corrections tracked drug offenders released from prison for three years after their release. It found that 54 percent of drug offenders were arrested for an indictable offense and 43 percent were reconvicted, while 16 percent of drug offenders who graduated from a drug court program were arrested and 8 percent were reconvicted three years after graduating from the program.

            The bill now heads back to the Senate for further consideration.

Speaker Oliver & Greenwald Bill to Restore Earned Income Tax Credit Cut by Gov. Christie Clears Assembly Panel

       (TRENTON) – Legislation sponsored by Speaker Sheila Y. Oliver and Lou Greenwald to help working poor families by restoring the New Jersey Earned Income Tax Credit cut by Governor Christie was released 8-4 Friday by the Assembly Budget Committee.

            The Earned Income Tax Credit is a credit for working poor residents who work and have earned income. The governor reduced the credit from 25 percent of the federal tax credit to 20 percent in 2010, effectively raising the income tax liability for New Jersey families by $45 million. The bill (A-3029) would reverse the cut and restore the program to its previous level of 25 percent.

            “Many working families in New Jersey are financially strapped. The last thing they need is a tax increase, but that’s exactly what they’re getting with the governor’s cut,” said Oliver (D-Essex/Passaic). “It’s beyond me how the governor and Republicans can justify tax cuts for millionaires while saddling poor working families with tax increases, but if they won’t help working people, we will.”

            “New Jersey’s poor working families need financial relief now more than ever. Reducing the tax credit only makes their financial situation more dire,” said Greenwald (D-Camden/Burlington). “The governor’s obsession with tax cuts for millionaires at the expense of working families is unconscionable. We have a responsibility to all residents of this state, especially those who work and still struggle to make ends meet. Let’s give these families the resources they need to earn their way out of poverty.”

            According to federal and state data, some 528,000 taxpayers received an average state Earned Income Tax Credit (EIC) benefit amount of approximately $430 during fiscal year 2010, the most recent year for which data is available. Under the bill, the average EIC benefit amount would grow to approximately $545, assuming a level number of participants.

            The governor claimed he was proposing restoration of the credit to 25 percent in his fiscal year 2013 budget address, when in actuality, he planned to restore half of the reduction in fiscal year 2014 and the other half in fiscal year 2015, meaning there would be no restoration of benefits in the fiscal year 2013 budget.  This bill would restore the credit to 25 percent for tax year 2012, thereby providing the full restoration in fiscal year 2013. The bill would take effect immediately.

            The state credit is based on the federal credit, considered the nation’s largest and most successful anti-poverty program. Created in 1975 to ease the burden of payroll taxes for the working poor, the federal earned-income tax credit was expanded by President Reagan, and has substantially reduced child poverty and increased incentives to work. Twenty-four states created their own credits to extend tax relief for their residents, based on a percentage of the federal credit.

Benson & DeAngelo Introduce Legislation to Bar Local Elected Officials from Reaping Benefits at Taxpayers’ Expense While Facing Criminal Charges

(TRENTON) – Assemblymen Daniel Benson and Wayne DeAngelo (both D-Mercer/Middlesex) introduced legislation on Monday to help protect taxpayer dollars when public officials are charged with crimes touching upon their public office.

“While we would hope most elected officials in this situation would do the right thing and resign, for those that don't we must protect the taxpayers through measures like this,” said Benson. “Particularly, when an official is accused of using their public position in an illegal manner to reap personal benefits, the public should be reassured that until the allegations are resolved, their taxpayer dollars will be protected.”

“Protecting the residents is our top priority to restore their faith the public coffers would be closed when an indictment is handed down,” said DeAngelo. “When an indicted official remains in office, the public needs to know that their taxpayer dollars are not being used to either cover up their illegal activities or pay for their legal problems, particularly those charges connected to the position to which they were elected.”

The bill (A-3180) would suspend salary, pension credits and benefits for any local elected official who is indicted for a crime or offense involving moral turpitude until the official is either convicted or exonerated of the charges. 

In doing so, the bill would require a local elected official, upon signing an oath of office, to annex a signed certification stating that if they are ever indicted for a crime or offense that would result, upon conviction, in forfeiture of office, position, or employment, their salary and pension credits shall be suspended from the date of the indictment to the date of conviction.

If exonerated, the official would be entitled to a recovery of salary and pension credit dating back to the suspension of pay.

“This is not an attempt to rush to judgment, but to protect taxpayers until such matters can be resolved in a court of law. Should an official be exonerated, they will be rightly entitled to the compensation they earned,” added Benson.  “When an elected official takes an oath of office, it is really a contract with the residents of that community. A deviation from that oath, especially one that results in an indictment on criminal charges, is a serious breach of that contract.  Local taxpayers should not have to bear the burden of compensating the official who broke their trust. This bill would help hold elected officials accountable from the first time they raise their right hand to take their oath of office.”

“Since an elected official should realistically step down from office if indicted so that the charges do not overshadow a community, salary and benefits should be suspended until the indicted official is cleared by a court of law. If the official is found not guilty or the charges are dropped, then salary, pension and benefits would be restored as a sign that trust in the official has begun to be restored,” said DeAngelo.

Assembly Panel Clears Speaker Oliver, Riley & Singleton Bill to Authorize $750 Million in Bonds to Help Fund Overdue Improvement Projects for NJ’s Colleges & Universities

(TRENTON) – The Assembly Budget Committee on Monday released legislation sponsored by Speaker Sheila Y. Oliver, Assemblywoman Celeste Riley and Assemblyman Troy Singleton that would authorize the state to issue $750 million in general obligation bonds to finance higher education capital projects to increase the academic competiveness of New Jersey’s public and private colleges and universities.

            “New Jersey’s economic competitiveness and prosperity are directly related to the quality and capacity of its colleges and universities,” said Oliver (D-Essex). “Higher education is the foundation of this state’s economic well-being and is critical in the realization of individual success. The state has deferred investment in its system of higher education long enough. This is an investment not just of buildings, but on the students who will be attending and graduating from these institutions.”

            The bill (A-3139) – entitled the “Building Our Future Bond Act” –  would authorize the state to issue $750 million in state general obligation bonds to provide grants to New Jersey’s public independent institutions of higher education to construct and equip higher education facilities.

            The bond issue would be put before New Jersey voters for approval in the next general election. There has not been a voter-approved higher education bond issue in New Jersey since 1988.

            According to The Report of the Governor’s Task Force on Higher Education issued in December 2010, New Jersey’s workforce will require more baccalaureate degrees than the workforce of any other state except Massachusetts. According to the report, New Jersey leads the nation in the net outmigration of college-bound students, losing about 30,000 first-year students a year while admitting only about 4,000 students from other states; and the task force highlighted the urgent need to stem the tide of the brightest high school graduates leaving the state to attend college.

            Demographic projections indicate that New Jersey will experience significant growth in its 18-24 year-old population, and the lack of adequate facilities has left institutions of higher education in the state entirely unprepared to accommodate the anticipated growth in student population.

            “The convergence of economic competitiveness, increased workforce demands and demographic trends makes increasing the facilities capacity of institutions of higher education an issue that deserves immediate attention,” said Riley (D-Gloucester/Salem/Cumberland). “To stay ahead of the competition, we must dedicate the state resources necessary to ensure and advance the state’s economic growth and prosperity in this knowledge-based global economy.”

            “The last time we invested in the infrastructure of our colleges and universities was 24 years ago. Meanwhile the student population in New Jersey is expected to grow,” said Singleton (D-Burlington). “It’s time that we make the necessary investments to equip our colleges and universities with the academic facilities needed to educate this expected increase in student body and ensure the educated workforce necessary to retain and attract business and industry to our state.”

            The grants would be allocated in the following manner:

·       $300 million for public research universities;

·       $247.5 million for state colleges and universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes;

·       $150 million for county colleges; and

·       $52.5 million for independent institutions of higher education, except for independent institutions with total endowments of more than $1 million.

            Under the bill, public research universities, state college and universities, county colleges and independent institutions that receive these grants would be required to fund 25 percent of the project.

            The Secretary of Higher Education will establish eligibility criteria for the grants. Under the bill, an institution of higher education must submit a long-range facilities plan that details the institution’s facilities needs and its plans to address those needs. The institution is required to demonstrate how the project advances the goals of the long-range facilities plan, increases the academic capacity of the institution, and provides a direct benefit to students. Projects that increase the academic capacity of the institutions, such as classrooms, laboratories, libraries, computer facilities, and other academic buildings are eligible. Projects involving dormitories, administrative buildings, athletic facilities or other revenue-producing facilities would not be eligible.

            The secretary will prepare a list of eligible projects. Projects deemed construction-ready will receive priority. The secretary must submit a copy of the list of eligible projects along with the grant amount for each project to the presiding officers of each House of the Legislature. The list will be deemed approved unless the Legislature adopts a concurrent resolution stating otherwise.

           

            The bill was released 10-1.

Budget & Property Tax Relief, Restoring Womens's Health Care & Tax Relief for Working Poor, Tenure Reform,Marijuana Decriminalization & Social Media Privacy Protections Top Monday Assembly Agenda

Assembly Budget Committee Also to Meet to Consider Higher Education Issues

            (TRENTON) – Budget and middle-class property tax relief legislation, restoring women’s health care funding and a tax credit for the working poor, tenure reform, decriminalizing possession of a small amount of marijuana and prohibiting employers and colleges from asking for people’s social media information top Monday’s Assembly agenda.

            The session is scheduled to begin at 1 p.m. and will be streamed live at:

            http://www.njleg.state.nj.us/media/live_audio.asp.

Highlights include:

·         Legislation (A-3202) to triple property tax relief available under the state’s Homestead Benefit Program. It’s sponsored by Majority Leader Lou Greenwald (D-Camden/Burlington).

·         Tenure reform legislation (A-3060) sponsored by Patrick Diegnan (D-Middlesex), Ralph Caputo (D-Essex), Albert Coutinho (D-Essex), Mila Jasey (D-Essex), Bonnie Watson Coleman (D-Mercer) and Craig Coughlin (D-Middlesex).

·         A bill (A-3204) to restore funding for women’s health care cut by Gov. Chris Christie. It’s sponsored by Bonnie Watson Coleman (D-Mercer).

·         A bill to restore the Earned Income Tax Credit cuts made by Gov. Chris Christie to working poor families. It’s sponsored by Speaker Sheila Oliver (D-Essex/Passaic) and Majority Leader Lou Greenwald (D-Camden/Burlington).

·         The budget bill (A-3200) for the fiscal year starting July 1 that provides money for a tax cut if revenues are collected as projected. It’s sponsored by Budget Chairman Vincent Prieto (D-Hudson/Bergen).

·         A bill (A-1465) to decriminalize possession of less than 15 grams of marijuana. It’s sponsored by Reed Gusciora and Bonnie Watson Coleman (both D-Mercer/Hunterdon), L. Grace Spencer (D-Essex), Peter Barnes III (D-Middlesex) and Gordon Johnson (D-Bergen).

·         A bill (A-1338) sponsored by Lou Greenwald (D-Camden/Burlington), Jerry Green (D-Union/Middlesex/Somerset), Matthew Milam (D-Atlantic/Cape May/Cumberland) and Paul Moriarty (D-Gloucester/Camden) to promote job creation and economic development by extending the life of development projects stalled by the economic downturn.

·         A bill (A-2575) to allow mobile gaming within casino facilities. It’s sponsored by John Burzichelli (D-Gloucester/Salem/Cumberland) and Ruben J. Ramos Jr. (D-Hudson).

·         A measure (A-2146) to ban state and local public contracts with entities investing in Iran’s energy and finance sectors. It’s sponsored by John McKeon and Mila Jasey (both D-Essex/Morris), Troy Singleton (D-Burlington), Valerie Vainieri Huttle (D-Bergen) and Annette Quijano (D-Union).

·         Two bills (A-2878-2879) to ban employers and higher education institutions from requiring people to disclose their social media user names and passwords. The bills are sponsored by John Burzichelli (D-Gloucester/Salem/Cumberland) and Majority Leader Lou Greenwald (D-Camden/Burlington).

·         A bill to improve monthly state reporting on revenue collections (A-2885). It’s sponsored by Budget Chairman Vincent Prieto (D-Hudson/Bergen).

The Assembly Budget Committee will also meet at 9 a.m. Monday in Committee Room 11 to consider the following bills:

·         A3102 [Wisniewski, John S./Prieto, Vincent], Med Health Sciences Ed Restructuring Act

·         A3139 [Oliver, Sheila Y./Bramnick, Jon M.], Building Our Future Bond Act