News from Assemblyman Green

Green Bill to Authorize HMFA to Buy Foreclosed Properties, Turn Them into Affordable Housing Advanced by Assembly Panel

Measure comes amid growing concerns about the high rate of foreclosures in New Jersey despite millions in unspent federal foreclosure aid by the administration

(TRENTON) – Legislation sponsored by Assembly Speaker Pro Tempore Jerry Green (D- Middlesex/Somerset/Union) to create a temporary program that would allow the state to purchase foreclosed properties for use as affordable housing, while protecting municipalities from having to forfeit funds appropriated for affordable housing was advanced Wednesday by an Assembly panel.

“Housing in New Jersey is expensive. New Jersey consistently ranks as one of the most expensive states to live in. Not surprisingly, we also have some of the highest foreclosure rates in the country. With little regard from the administration, it will not get any better,” said Green, who chairs the Assembly Housing and Local Government Committee. “We have a responsibility to ensure there are sufficient affordable housing options for our residents. Foreclosures bring down property values and are magnets for criminal activity. This bill attempts to kill two birds with one stone by taking these properties which can become real nuisances and transforming them into affordable housing.”

The bill, named the “New Jersey Residential Foreclosure Transformation Act”, would create the temporary New Jersey Foreclosure Transformation Program within the New Jersey Housing and Mortgage Finance Agency (HMFA) to buy foreclosed residential properties from institutional lenders for use as affordable housing. The HMFA would be required to cease the program on Dec. 31, 2017.

The bill (A-3413) would empower the HMFA to purchase foreclosed residential property and mortgage assets from institutional lenders in order to produce affordable housing and dedicate it as such for 30 years. The bill would direct the HMFA to enter into contracts or loans, or both, with no more than two experienced, financially sophisticated, community development financial institutions to enhance the ability of the HMFA to fulfill its purpose of producing affordable housing in the state.

The bill comes amid continued concerns that Gov. Christie has failed to help New Jersey homeowners facing foreclosure. New Jersey has the nation’s second highest foreclosure rate, but Christie was slow to spend $300 million in federal foreclosure aid. Earlier this year, the governor vetoed a similar bill to create more affordable housing out of foreclosed properties in the state.

“It’s easy to deny a family affordable housing when you’re living comfortable,” said Green. “Foreclosures in New Jersey are happening at an alarming rate despite a substantial pool of money available to the administration to prevent that from happening. The governor has been too slow to take action, and actually quashed an earlier legislative effort to create more affordable housing out of foreclosed properties, but we will not neglect the issue. Frankly, we can’t afford to.”

The HMFA or, if applicable, one of its contractors, would give the municipality where  the property is located the right to consent or withhold consent to the proposed purchase and dedication of the property as affordable housing, as well as the right of first refusal to purchase the property for use as affordable housing. As part of the bill, a municipality could purchase and dedicate eligible property for affordable housing, decline the option to purchase, or instead, authorize the HMFA or its contractors to use monies from the municipality's affordable housing trust fund to buy the property.

Under the bill, whenever the HMFA, its contractors or a municipality purchases an eligible property using monies deposited in a municipality's affordable housing trust fund, the municipality would receive two units of credit toward any Council on Affordable Housing obligation to provide affordable housing for each eligible unit of affordable housing dedicated and provided. The bill would also award municipalities additional units of credit, above the actual number of dedicated affordable housing units produced, as an incentive for municipalities to authorize the use of their affordable housing trust fund monies for the purchase of eligible properties for use as affordable housing.

In addition, the bill would establish a mechanism through which a “foreclosure-impacted municipality” – a municipality that has 10 or more foreclosed homes listed on a multiple listing service for at least 60 days – can insulate its affordable housing trust funds from the laws that will require the transfer of its trust fund monies to the “New Jersey Affordable Housing Trust Fund.” To do this, the municipality would have to adopt a resolution committing the expenditure of its municipal affordable housing trust fund monies for the production of affordable housing and authorizing the transfer of at least $150,000 of these monies to the HMFA for the HMFA to use to produce affordable housing.

The HMFA would be required to use funds transferred from a foreclosure-impacted municipality to produce affordable housing within that municipality. If the HMFA is unable to use all of the transferred funds within two years of the date of transfer, the HMFA would return the remaining funds to the municipality which would have at least six months from the date the funds are returned to commit the funds in accordance with other provisions of law. During this time period, all municipal trust fund monies designated for the purchase of foreclosed properties would be protected from transfer to the state. A municipality would receive bonus credits, as otherwise provided in the bill, for affordable housing produced by the HMFA or by one of its contractors pursuant to this mechanism.

The bill would also establish the “Foreclosure to Affordable Housing Transformation Fund,” a nonlapsing, revolving fund to serve as the repository for funds appropriated or otherwise made available for the HMFA to fulfill its purposes. The HMFA would administer the fund and would be authorized to transfer into the fund any amounts it has that may be used for the production of affordable housing.  The bill authorizes the HMFA to issue bonds to fund the activities of the program.            Lastly, the bill would require the HMFA to prepare an annual report about the program for the governor and the Legislature that would include a complete operating and financial statement covering the program’s operations, transactions and holdings during the year. The HMFA would be required to display the annual reports on the agency's website.

The bill was released by the Assembly Housing and Local Government Committee.

ASSEMBLY DEMOCRATS NEWS RELEASE

*** WEDNESDAY REMINDER ***

Assembly Panels to Hold Wednesday Hearing on

Christie Failure to Help More New Jersey Families Facing Foreclosure

DCA Commissioner, Homeowners & Housing Advocates to Testify

Bills to Help Homeowners Facing Foreclosure Also on Tap

(TRENTON) – Two Assembly committees will meet jointly on Wednesday to examine the Christie administration’s failure to help more families facing foreclosure, with legislation to help New Jersey homeowners facing foreclosure also to be considered.

New Jersey has the nation’s second highest foreclosure rate, but questions have been raised about the inability of the Christie administration to help out more families with $300 million in federal foreclosure aid given to the state.

The Assembly Housing and Local Government Committee and the Assembly Financial Institutions and Insurance Committee will meet jointly on Wednesday at 10 a.m. in Committee Room 11 on the 4^th floor of the State House Annex in Trenton.

New Jersey Department of Community Affairs Commissioner Richard E. Constable, III, homeowners and housing advocates and counselors are expected to testify as the committees receive testimony on issues relating to the NJ HomeKeeper Program, including the program’s poor record in providing financial assistance to New Jersey homeowners in danger of foreclosure and the extent to which it has used the $300 million received from the U.S. Treasury’s “Hardest Hit Fund.”

The NJ HomeKeeper Program is administered by the New Jersey Housing and Mortgage Finance Agency, which is established under the Department of Community Affairs.

“Gov. Christie may not want to be held accountable for failing to help New Jersey families facing foreclosure, but he cannot hide from his failure to help New Jersey families at risk of losing their homes,” said Assembly Speaker Pro Tempore Jerry Green (D-Union/Middlesex/Somerset), who chairs the housing panel. “The administration’s approach is clearly not working. New Jersey’s middle-class and poor deserve answers and help.”

“We need to get answers and get this program moving for the benefit of struggling New Jersey families,” said Deputy Speaker Gary Schaer (D-Passaic/Bergen), who chairs the financial institutions and insurance panel. “Helping families affected by the Great Recession must be among the highest priorities of the General Assembly. I remain concerned about his administration’s slow action in helping as many affected homeowners as possible.”

At the conclusion of the joint meeting, the following bills will be considered by the Assembly Housing and Local Government Committee:

A-3372 Benson	Requires HMFA to expand participation in the NJ HomeKeeper Program.
A-3396 Watson Coleman	Codifies the Judiciary's Foreclosure Mediation Program; dedicates monies from foreclosure filing fees and fines.
A-3413 Green	Establishes the "New Jersey Residential Foreclosure Transformation Act."

Audio of Wednesday’s hearing will be streamed live at:

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

ASSEMBLY DEMOCRATS NEWS RELEASE

*** THURSDAY ADVISORY ***

Health Benefit Exchange, Resolving Unemployment Claim Appeal Backlog & Jessica Lunsford Act Top Thursday Assembly Agenda

Online Voter Registration, Protecting the Disabled, No Credit Card Solicitations on Campus, Combating Trend of Pointing Laser Pointers at Airliners, Airport Security, Electric Vehicles & Helping Vets Find Housing Also on Tap

(TRENTON) – Legislation to implement essential aspects of national health care reform, resolving a six-month backlog within the Christie administration for out-of-work New Jerseyans appealing the denial of unemployment benefits and the Jessica Lunsford Act top Thursday’s Assembly agenda.

Online voter registration, protecting the disabled, banning credit card solicitations on campus, combating the dangerous trend of pointing laser pointers at airliners, improved airport security, encouraging electric vehicles & helping vets find housing are also on tap.

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

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

The full agenda is attached, but highlights include:

·         A bill (A-3186) to implement essential aspects of national health care reform by implementing the New Jersey Health Benefit Exchange Act. It’s sponsored by Herb Conaway M.D., Troy Singleton (both D-Burlington), Upendra Chivukula (D-Somerset/Middlesex), Ruben Ramos (D-Hudson) and John Wisniewski (D-Middlesex).

·         A measure (A-3309) sponsored by Wayne DeAngelo (D-Mercer/Middlesex) and Annette Quijano (D-Union) to combat a six-month backlog within the Christie administration for out-of-work New Jerseyans appealing the denial of unemployment benefits.

·         Legislation (A-2027) sponsored by Speaker Pro Tempore Jerry Green (D- Middlesex/Somerset/Union) to impose a mandatory prison time of 25 years to life for those convicted of sexually abusing children under the age of 13. The bill is modeled after Florida’s “Jessica Lunsford Act,” named after a nine-year-old Florida resident who was kidnapped, raped and murdered by a registered sex offender in 2005.

·         Legislation (A-2870) sponsored by Gabriela Mosquera (D-Gloucester/Camden), Tim Eustace (D-Bergen/Passaic), Matthew M. Milam (D-Atlantic/Cape May/Cumberland), Daniel Benson, Wayne P. DeAngelo (both D-Mercer/Middlesex) and John S. Wisniewski (D-Middlesex) that would allow New Jersey residents to register online to vote.

·         Legislation (A-2573) sponsored by Valerie Vainieri Huttle (D-Bergen), Patrick J. Diegnan Jr. and Craig J. Coughlin (both D-Middlesex) to create more stringent oversight of community care facilities servicing the developmentally disabled and provide a clear methodology for investigating potential instances of abuse.

·         Legislation (A-1688) sponsored by Celeste Riley (D-Gloucester/Salem./Cumberland) to prevent credit card companies from preying on college students.

·         Legislation (A-3169) designed to combat the dangerous trend of pointing laser pointers at airplanes near airports by prohibiting the sale of laser pointers that exceed certain power output. It’s sponsored by Nelson Albano (D-Atlantic/Cape May/Cumberland).

·         A measure (A-3038) sponsored by Herb Conaway M.D. and Troy Singleton (both D-Burlington) to require water companies to notify customers of requests to increase rates.

·         A bill (A-2948) to require out-of-state law enforcement entities to provide notice before conducting a surveillance operation in the state to the Attorney General, the superintendent of State Police and the chief law enforcement officer of the jurisdiction in which a surveillance operation is to take place. The bill is sponsored by Charles Mainor (D-Hudson).

·         A measure (A-606) sponsored by Grace Spencer, Albert Coutinho (D-Essex) and Annette Quijano (D-Union) to establish a crime of entering a restricted airport area. It will be heard at 2 p.m. by the Assembly Homeland Security and Preparedness Committee.

·         Legislation (A-1744) sponsored by Upendra J. Chivukula (D-Middlesex/Somerset) and Vincent Prieto (D-Bergen/Hudson) that would make affordable housing more accessible to veterans.

·         A measure (A-2416) sponsored by Tim Eustace (D-Bergen/Passaic) to promote the use of environment friendly and energy efficient vehicles in New Jersey by encouraging the creation of electric vehicle charging stations in transportation projects.

·         A bill (A-1711) to increase penalties for failing to secure a child in a child passenger restraint system or booster seat while operating a motor vehicle. It’s sponsored by Jerry Green (D-Union/Middlesex/Somerset), Upendra Chivukula (D-Middlesex/Somerset) and Pamela Lampitt (D-Camden/Burlington.

ASSEMBLY DEMOCRATS NEWS RELEASE

Watson Coleman Bill to Boost Creation of Small, Women- & Minority- Owned Businesses Advanced by Assembly Panel

(TRENTON) – Legislation sponsored by Assemblywoman Bonnie Watson Coleman to expand the scope and reach of small, women- and minority-owned businesses throughout New Jersey by providing loans through the New Jersey Economic Development Authority was approved by an Assembly panel on Monday.

“Our economy cannot thrive unless it gives everyone a chance to be successful,” said Watson Coleman (D-Mercer/Hunterdon). “We are all vastly interconnected and our success as a state depends on being able to invest in both urban and outlying areas.  Small, women and minority-owned businesses in surrounding urban regions where jobs are often needed the most must be a part of any economic revival.”

Under the bill (A-2122), when the Economic Development Authority makes direct loans to small, women and minority-owned businesses, manufacturers, redevelopers or nonprofit organizations in areas designated by the State Development and Redevelopment Plan as urban centers, it must also include such businesses located in “regional centers” surrounding these urban areas.

The Urban Plus Program provides financial support in the form of loans from the EDA with a below-market interest rate to qualified community and economic development projects, manufacturers, redevelopers and not-for-profit organizations in the following endorsed New Jersey municipalities: Camden, Trenton, Newark, Jersey City, Paterson, Elizabeth, East Orange, New Brunswick, and Atlantic City.

Under this bill, small, women – and minority- owned businesses in the following surrounding regional centers would now qualify for loans: Ocean City, Wildwoods, Bridgeton, Millville/Vineland, Woolwich, the Princetons, Long Branch, Red Bank, Stafford Twp, Salem City, Bridgewater-Raritan and Newton.

“Everybody must be involved if we're to truly build a strong economy,” added Watson Coleman.  “With this simple and commonsense change, we can ensure that the benefits of an improved economy reach all types of New Jersey's business in broad areas throughout our state.”

The bill was approved by the Assembly Women and Children Committee and now awaits consideration by the full Assembly.

ASSEMBLY DEMOCRATS NEWS RELEASE

Conaway, McKeon, Ramos & Vainieri Huttle Bill to Combat Illegal Steroid Use Approved by Senate Panel

(TRENTON) – Legislation Assembly members Herb Conaway, Jr., M.D., John McKeon, Ruben Ramos, Jr., and Valerie Vainieri Huttle sponsored to crackdown on illegal steroid abuse in New Jersey's law enforcement and firefighting communities was approved Monday by a Senate panel, moving it one step closer to final legislative approval.

The legislation was prompted by an extensive series in The Star-Ledger that revealed widespread steroid abuse in police and fire departments.  In one case, at least 248 officers and firefighters reportedly obtained prescriptions for these drugs from a single Jersey City doctor.

The bill (A-1827/S-2280), which was unanimously approved earlier this by the Assembly, would require the Department of Law and Public Safety to include human growth hormones among the drugs to be monitored in the state's Prescription Monitoring Program (PMP).

The PMP was created in 2007 to monitor controlled dangerous substances dispensed in most outpatient settings.

“This steroid abuse is frightening from both a public policy and public health perspective,” said Conaway (D-Burlington/Camden). “Taxpayers have been stung and public safety has been put at risk, as has the health of the abusers. We cannot sit idly by and let this abuse continue. This bill is a step in the proper direction.”

 “State taxpayers have been wrongly paying for millions of dollars in insurance costs for prescriptions that were, in many cases, issued illegally,” said McKeon (D-Essex/Morris). “Taxpayers also have been footing the bill for the side effects of this abuse. It's long past time for this outrage to finally stop. Taxpayers and public safety deserve better.”

Human growth hormone is not a controlled dangerous substance under federal and state laws. Therefore, prescriptions for human growth hormones would not be monitored as a matter of course under the PMP.

However, the program’s Director is authorized to expand the program to monitor drugs such as human growth hormones after a lengthy and protracted process.  The process requires that the director initially determine that the drug should be monitored, taking into consideration various factors, including potential for abuse, scientific evidence or its pharmacological effects, history and current patterns of abuse, and the risk to the public health.  The director is then required to monitor the drug on a temporary basis, after which the director has the discretion to permanently add the drug to the monitoring program, which must follow the regulatory process of publication in the New Jersey Register.

In light of the investigations that have revealed significant abuses in the use of human growth hormones throughout New Jersey that pose a risk to the public’s  health and safety, this bill is intended to ensure that human growth hormones are added to the monitoring program as soon as possible.

“It's bad enough that this abuse has been costing the taxpayers of this state millions of dollars,” said Ramos (D-Hudson). “But law enforcement officers susceptible to ‘roid rage’ pose a grave danger to the public safety. This measure will increase accountability and awareness and send a message that this behavior must stop.”

 “Steroid abuse often comes with increased aggression, so this illegal activity by those assigned to protect our safety has been costly to taxpayers and put people at risk,” said Vainieri Huttle (D-Bergen).  “It cannot continue. This bill will prevent abuse, save taxpayers money and hopefully lead to these abusers getting the help they need before it’s too late.”

The measure now awaits final legislative approval by the full Senate before heading to the Governor’s desk.

News from Assemblyman Caputo

Caputo Introduces Legislation to Protect Taxpayers by Forcing Telecom Giants to Pay Fair Share in Taxes

Bill Comes as Towns like Nutley Face Revenue Losses as Verizon Decides to Stop Paying Business Property Tax

(TRENTON) – Assemblyman Ralph Caputo (D-Essex) has introduced legislation to protect taxpayers from being forced to foot the bill when telecommunications giants decide to stop paying property taxes in certain municipalities, a decision that is currently affecting 68 towns throughout New Jersey.

“Towns across our state are getting hit by Verizon’s decision not to pay their fare share of property taxes anymore,” said Caputo.  “Residents shouldn’t be left holding the tab because Verizon has decided to exploit loopholes.  This is about basic fairness, especially when a company has made a fortune off of this business property.”

Under current law, telephone companies that, as of April 1, 1997, provided dial tone service to at least 51 percent of a local telephone exchange were required to pay a tax to municipalities on its personal business property, such as utility poles, cables and equipment. 

Verizon went to court arguing that it no longer services 51 percent of the population in certain towns.  In June, a New Jersey tax court ruled in its favor, leaving already cash-strapped towns struggling to recoup this loss.  Caputo noted that Verizon did not produce proof of the percentage of dial tones it services, nor did the court weigh the fact that the company is providing phone service through FiOS, its Internet phone system.

“Homeowners probably wish they had the luxury of saying, ‘Well, I only use a certain percentage of my house most of the time, so I’m only going to pay property taxes on that portion.’  Unfortunately, they don’t and Verizon shouldn’t either,” added Caputo.

In Caputo’s district, the Township of Nutley is currently facing a $200,000 loss in revenue because of Verizon’s decision.  Nutley has since decided to join with the New Jersey League of Municipalities and the Borough of Hopewell in Mercer County to contest Verizon’s decision in court.

Caputo’s legislation would provide continuity and reliability for municipalities by clarifying that the business personal property tax applies to any telephone company that provided dial tone service to 51 percent of a local exchange, as of April 1, 1997, when changes were made to the law.

The bill, A-3393, was officially introduced on Monday.

ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Panel Advances Wagner & Eustace Bill to Protect Public from Flooding & Facilitate Smart Development

(TRENTON) – Legislation sponsored by Assembly Democrats Connie Wagner and Tim Eustace (both D-Bergen/Passaic) to help protect the public from flooding and facilitate smart development was approved by an Assembly panel on Monday.

The legislation (A-3262) would require the Department of Environmental Protection (DEP) to quickly evaluate any newly released FEMA floodway delineations in order to allow permit applicants to apply for a permit using the federal floodway delineation when it is at least as protective as the DEP’s delineation.

“Over the years, many flood maps have become outdated due to urban growth, changes in river flows and coastlines, and even flood mitigation efforts,” said Wagner.  “A home or business that may have once been located in a flood zone might not now, and vice versa.  In the interest of public safety and economic progress, it’s important that we make sure these flood designations are kept current.”

“Accurate and up-to-date delineations of floodways and flood hazard areas are essential to inform state and local officials and property owners of changing flood risks,” said Eustace.  “Bergen and Passaic counties are no strangers to the hazards of flooding.  But the ever changing landscape of our state requires that we stay on top of these patterns to residents and business owners avoid flood traps.”

Currently, the “Flood Hazard Area Control Act” requires the DEP to study the nature and extent of the areas affected by flooding in the state and to delineate flood hazard areas as areas where improper development and usage would constitute a threat to the safety, health, and general welfare from flooding.

The bill would amend the state “Flood Hazard Area Control Act” to direct DEP to update its delineations of flood hazard areas as frequently as necessary and at a minimum of at least once every 15 years, as well as whenever FEMA adopts a new floodway delineation.

Under the DEP’s current rules and regulations, if there is a DEP delineation of a particular flood hazard area and floodway, a permit applicant is required to use the DEP’s delineation even if there is a more recent FEMA delineation.  Under the bill, a person would be allowed to apply for a permit, or any other type of approval or authorization, for a site based upon a floodway delineation, if (1) the federal floodway delineation is more recent than the DEP’s delineation for the same watercourse, and (2) the DEP determines that the federal floodway delineation is sufficient to carry and discharge the flood flow of the watercourse and is at least as protective of the public safety, health, and general welfare as the department’s delineation. 

The bill was approved by the Assembly Environment and Solid Waste Committee and now awaits approval by the full Assembly.

ASSEMBLY DEMOCRATS NEWS RELEASE

Mosquera, Benson & Singleton Bill Boosting Protections for Domestic Violence Victims Advanced by Senate Panel

(TRENTON) – Legislation sponsored by Assembly Democrats Gabriela Mosquera, Daniel R. Benson and Troy Singleton to increase protections for domestic violence victims by making sure local and state agencies are properly prepared to respond to critical incidents was advanced Monday by a Senate panel.

“Domestic violence trauma casts a wide net on both victims and the agencies responsible for combating this violence,” said Mosquera (D-Camden/Gloucester).  “By making sure that agencies at every level are equipped with the resources to respond effectively and cooperatively, we can hopefully provide victims with swifter assistance to ease the pain and psychological trauma.”

The bill (A2899) directs the Division on Women to audit the effectiveness of state, county and local response to domestic violence by sponsoring, at the county and local level, community safety and accountability audits throughout the state.

Specifically, the audit shall include a systematic analysis of intra-agency and interagency policies and procedures used by, including: law enforcement agencies and the court system when investigating and prosecuting cases of domestic violence-related fatalities and near fatalities, as appropriate; and state and local agencies and organizations when providing services to victims of domestic violence.

“Communication and preparedness are key to responding effectively to domestic violence incidents,” said Benson (D-Mercer/Middlesex).  “A victim’s life may be in the balance at any given moment.  If the responding agency is properly equipped and trained to assist the victim and deal with the perpetrator, it can make all the difference.”

“Ensuring we have the proper protections in place for domestic violence victims is quite simply the right thing to do,” said Singleton (D-Burlington).”We need to ensure we have the best and most effective programs in place. Doing so can save lives.”

The bill contains recommendation #4 from a 2006 report produced by the New Jersey Domestic Violence Fatality and Near Fatality Review Board, which based its findings on a review of domestic violence-related homicide and suicide cases.

The Board found from case reviews that professionals who came in contact with victims failed to demonstrate knowledge about domestic violence that is essential to providing appropriate care, information and referrals to these victims. Moreover, the board found that there was no mechanism in place for these agents to communicate with each other to evaluate the totality of the response provided to the people involved, with the result that no one communicated the danger that existed.

The bill was approved 78-0 by the Assembly in June and released Monday by the Senate Community and Urban Affairs Committee.

News from Assemblyman Mainor

Mainor Bill Requiring Proper Notice of Surveillance Operations in NJ by Out-of-State Law Enforcement Advances

Measure Looks to Avoid Repeat of Controversial Secret Interstate Surveillance of Muslim Residents in New Jersey by New York City Police Department

(TRENTON) – As the controversy over a secret surveillance operation by the New York Police Department (NYPD) that targeted many innocent Muslim residents in New Jersey winds down, an Assembly panel on Monday released legislation sponsored by Assemblyman Charles Mainor (D-Hudson) that would help prevent another occurrence by requiring out-of-state law enforcement to properly notify law enforcement officials in New Jersey of intended surveillance activities in the state.

“As a law enforcement officer, I can appreciate the importance of a surveillance operation, but not when conducted in secrecy and potentially in violation of the civil rights of our residents,” said Mainor, who is a detective with the Jersey City Police Department. “If an out-of-state law enforcement agency finds it necessary to conduct surveillance in our state, then they must inform our law enforcement officials about it and justify the need for it, so our residents are protected from what, many who followed the NYPD surveillance debacle, felt amounted to racial and religious profiling.”

This follows the secret surveillance of Muslim businesses, mosques and student groups in New Jersey by the New York Police Department. These operations were part of a widespread program by the NYPD to collect intelligence on Muslim communities inside New York and beyond.

Undercover officers and informants eavesdropped in Muslim cafes and monitored sermons, gathering information on people based on their language and ethnicity, even when there was no evidence of a crime. The unit that conducted the surveillance did not generate a lead or case in the six years the program has been in place. The unit has since ceased its operation in New Jersey.

The bill (A-2984) requires out-of-state law enforcement entities to provide prior notice before conducting a surveillance operation in New Jersey to the Attorney General, the superintendent of State Police, and the chief law enforcement officer of the jurisdiction where the surveillance operation is set to take place. The bill requires that the notification include the identity and qualifications of the law enforcement officers conducting the surveillance operation, the identity of the individual or group of individuals that will be under surveillance, the intended location of the surveillance operation and a statement providing the time period during which the surveillance operation will be conducted.

The out-of-state law enforcement entity is also required to provide a statement of facts establishing the purpose of the surveillance activities and the type of information that may be obtained from surveillance. If an out-of-state law enforcement agency does not comply with the notification requirements under the bill, the Attorney General may seek a temporary or permanent injunction in a summary proceeding in Superior Court. The bill allows the court to enter an order to prevent the performance of a surveillance operation, or to require compliance with the provisions of the bill.

“No doubt we must protect our country against the threat of terrorism, but not at the expense of civil liberties. The Attorney General’s review into the NYPD surveillance operation found no laws were broken, but a line was definitely crossed. This bill helps dictate that surveillance in our backyard by other states, without our knowledge and adequate justification, cannot happen again,” said Mainor.

The bill was released by the Assembly Homeland Security and State Preparedness Committee.

*** WEDNESDAY ADVISORY ***

Assembly Schedules Wednesday Hearing on

Christie Failure to Help More New Jersey Families Facing Foreclosure

(TRENTON) – Two Assembly committees will meet jointly on Wednesday to examine the Christie administration’s failure to help more families facing foreclosure.

New Jersey has the nation’s second highest foreclosure rate, but questions have been raised about the inability of the Christie administration to help out more families with $300 million in federal foreclosure aid given to the state.

The Assembly Housing and Local Government Committee and the Assembly Financial Institutions and Insurance Committee will meet jointly on Wednesday at 10 a.m. in Committee Room 11 on the 4^th floor of the State House Annex in Trenton.

The committees will receive testimony on issues relating to the NJ HomeKeeper Program, including the program’s record in providing financial assistance to New Jersey homeowners in danger of foreclosure and the extent to which it has used the $300 million received from the U.S. Treasury’s “Hardest Hit Fund.”

The NJ HomeKeeper Program is administered by the New Jersey Housing and Mortgage Finance Agency, which is established under the Department of Community Affairs.

“Gov. Christie may not want to be held accountable for failing to help New Jersey families facing foreclosure, but he cannot hide from his failure to help New Jersey families at risk of losing their homes,” said Assembly Speaker Pro Tempore Jerry Green (D-Union/Middlesex/Somerset), who chairs the housing panel. “The administration’s approach is clearly not working. New Jersey’s middle-class and poor deserve answers and help.”

“We need to get answers and get this program moving for the benefit of struggling New Jersey families,” said Deputy Speaker Gary Schaer (D-Passaic/Bergen), who chairs the financial institutions and insurance panel. “Helping families affected by the Great Recession must be among the highest priorities of the General Assembly. I remain concerned about his administration’s slow action in helping as many affected homeowners as possible.”

Audio of Wednesday’s hearing will be streamed live at:

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

Assembly Grants Final Approval to Democratic Measure to Create Access to Affordable Health Insurance for New Jerseyans

Conaway, Singleton, Chivukula, Ramos & Wisniewski Bill Would Establish Vital Component of New Federal Health Care Law

(TRENTON) – The General Assembly on Thursday granted final legislative approval to a measure sponsored by Assemblymen Herb Conaway, Jr., M.D., Troy Singleton, Upendra Chivukula, Ruben Ramos, Jr. and John Wisniewski to implement a vital component of the federal Patient Protection and Affordable Care Act that will create access to affordable health insurance for thousands of New Jerseyans.

The legislation (A-3186), approved by a vote of 44-33-2, would establish the health insurance exchange component of the federal law, creating access to affordable, quality insurance for both consumers and small businesses. The sponsors said the bill will also position New Jersey to help working people and small businesses receive millions of dollars in available federal tax credits and subsidies. Approval of the legislation comes on the heels of a new WNYC/Rutgers-Eagleton Poll that shows that 63 percent of New Jerseyans now support the federal health care law. 

 “Seniors, college students, people with pre-existing conditions, they have all felt the benefit of the Affordable Care Act already.  Now it’s time to implement the most crucial and comprehensive component – ensuring everyone has access to health insurance,” said Conaway (Burlington).  “The health insurance exchange is designed to promote choice and make insurance purchasing more value-based by allowing an individual or small business to compare the costs and benefits of various health plans and benefit options.”

According to the U.S. Secretary of Health and Human Services, in the last year, 29 states received over $700 million in grants to establish health insurance exchanges, which will give American families and small businesses a wide-range of health insurance options through competitive health care marketplaces. The Congressional Budget Office estimates that the law will reduce the number of uninsured by 32 million by 2019 while reducing the deficit by $124 billion during this time period.

“A state health insurance exchange, along with federal tax credits will help bring affordability to New Jersey’s health care industry and put working families back in the driver’s seat with respect to securing health insurance,” said Singleton (D-Burlington). “The exchange is designed to promote choice and value by allowing an individual or small business to compare the costs and benefits of various health plans and options, while being part of a large insurance pool, which helps lower rates.”

“This is a major step toward our goal of providing quality and affordable health care to everyone in our state,” said Chivukula (D-Middlesex/Somerset). “In the long-run, it will improve lives and save money by providing access to much-needed preventative care instead of costly emergency room visits.”

Under the bill, the New Jersey Health Benefit Exchange would be established independently within the Department of Banking and Insurance (DOBI) and governed by a board of directors consisting of 10 members. 

The board would be in charge of setting up the exchange, facilitating the purchase of coverage under health benefits plans, working with participating employers to enroll their employees in qualified plans, establishing a customer service center, applying for any available federal and private foundation grants, and creating various health plans, including a Basic Health Plan, as required by the federal law, that would enable individuals with incomes between 133% and 200% of the federal poverty level to purchase essential health benefits with the help of federal funds.

“Passing this exchange bill will put New Jersey in a position to capitalize on federal benefits,” said Ramos (D-Hudson). “With such information at their fingertips, purchasers will be able to do a better job selecting a health plan that is right for them and their families.”

“As elected officials, one of the most fundamental obligations we have to our citizens is to ensure their well being,” said Wisniewski (D-Middlesex).   “Ultimately, this exchange will help cap a century-long quest to provide access to quality health care for everyone in this country.”

Eligible employers would include, beginning no later than January 1, 2014, employers with at least two but not more than 50 employees, and beginning no later than January 1, 2016, employers with at least 51 but not more than 100 employees; and, may include, beginning on January 1, 2017, employers with more than 100 employees.

New Jersey must have a working exchange by January 2014 to comply with and capitalize on the national healthcare reform law.

The legislation now heads to the Governor’s desk.  A similar measure (A-2171) had been passed by both houses of the legislature earlier this year, only to be vetoed by Governor Christie, citing a pending Supreme Court ruling on the federal law.  In June the high court upheld the law as constitutional, paving the way for states to begin implementation.

Spencer, Coutinho & Quijano Bill to Tighten Airport Security Following 2010 Newark Incident Approved by Full Assembly

Spencer, Coutinho & Quijano Bill to Tighten Airport Security Following 2010 Newark Incident Approved by Full Assembly

 (TRENTON) – Legislation Assembly Democrats L. Grace Spencer, Albert Coutinho and Annette Quijano sponsored to toughen penalties for airport security breaches was approved Thursday by the full Assembly by a vote of 78 to 0.

            Spencer, Coutinho (both D-Essex) and Quijano (D-Union) introduced the bill (A-606) after the 2010 incident at Newark Liberty International Airport involving Haisong Jiang, 28, a Rutgers University graduate student who lives in Piscataway.

            Jiang was arrested after authorities identified him as the man who slipped under a security ribbon after a guard briefly left his post. Jiang entered an area where passengers already had been screened. When someone noticed what happened, the terminal was shut down for six hours.

            “Mr. Jiang was sentenced to 100 hours of community service and a $658 fine, but his goodbye kiss cost taxpayers and commuters thousands of dollars,” Spencer said. “Clearly our law needs updating, Lovesick is fine, but it cannot involve jeopardizing the lives of thousands of people and violating the security regulations.”

            “We need to send a stronger message that airport security rules meant to protect the public and keep airport travel orderly cannot be taken lightly,” Coutinho said. “We’ve been in a new day and age since 9/11 and our state laws must accurately reflect that reality.”

“We know all too well that security threats exist, so obviously we need more than the threat of disorderly persons charge for those who violate basic airport security rules,” Quijano said. “It’s puzzling that someone who violates airport security and disrupts national air travel and the lives of thousands of people is facing the same charge as someone who would, for example, spit on a sidewalk.”

            The bill would establish the crime of entering into restricted airport property in violation of federal security requirements. 

The bill sets forth two restricted areas on public airports. 

The first area, a “sterile area,” is defined as any portion of an airport that provides passengers access to boarding aircraft and to which the access generally is controlled by the Transportation Security Administration, an aircraft operator or an air carrier, through the screening of persons and property.

The second area, an “operational area,” is defined as any portion of a public airport, from which access by the public is prohibited by fences or appropriate signs. 

The bill provides that any person who trespasses in these areas in violation of federal security requirements is guilty of a fourth degree crime. A crime of the fourth degree is punishable by a fine of up to $10,000, imprisonment for a term of up to 18 months, or both.

The measure now awaits consideration by the Senate.

Assembly Panel Advances Wisniewski, Prieto, Giblin & Quijano Bill to Prevent Unfair Practice that Deny Trucking Workers Workplace Benefits & Protections

(TRENTON) – Legislation sponsored by Assembly Democrats John Wisniewski, Vincent Prieto, Thomas P. Giblin and Annette Quijano to prevent certain trucking companies from misclassifying their employees in order to raise their profits was released earlier this week by an Assembly panel.

 “By misclassifying workers, an employer can avoid paying certain taxes like Social Security, Medicare and unemployment. This is not the way to do business,” said Assembly Deputy Speaker Wisniewski (D-Middlesex). “This bill spells out what constitutes an employee versus an independent contractor to prevent unscrupulous companies from denying employees the benefits and protections they are entitled to.”

Port trucking, a key industry in today’s global supply chain, appears to be rife with independent contractor misclassification nationwide. There are strong financial incentives for employers to skirt the law and misclassify workers. Up to 30 percent of payroll costs may be avoided, making it difficult for businesses that comply with the law to compete with those that purposely misclassify their employees.

The Obama administration estimated in 2010 that cracking down on misclassification could bring in $7 billion over a decade in additional payroll taxes and penalties nationwide. New Jersey has its own share of this problem. In 2005, the NJ Department of Labor found 28,200 workers misclassified and more than $625 million in unreported wages. Similar efforts the following year found nearly 25,000 workers who were misclassified and identified $565 million in unreported wages.

The bill (A-1578) would create a presumption that a work arrangement in the drayage trucking or parcel delivery trucking industries is an employer-employee relationship unless the party receiving the services can overcome the legal presumption of employment. Under the bill, trucking services performed by an individual in these industries for pay would be considered employment, unless, and until it is shown to the satisfaction of the Department of Labor and Workforce Development, that:

·       the individual has been and will continue to be free from control or direction over the performance of that service, both under his contract of service and in fact;

·       the service is either outside the usual course of the business for which the service is performed, or the service is performed outside of all the places of business of the employer for which the service is performed; and

·       the individual is customarily engaged in an independently established trade, occupation, profession or business.

“Companies that knowingly misclassify their workers are denying employees benefits they are entitled to, including the right to workers’ compensation and protection under minimum wage and overtime laws,” said Assembly Budget Chairman Prieto (D-Bergen/Hudson). “It’s unethical, and with this bill, it will be illegal.”

“Healthy competition is good for business, but companies that partake in this practice are giving themselves an unfair advantage over those companies that operate legitimately,” said Giblin (D-Essex/Passaic). “This bill ensures that companies do not hinder competition by cutting corners.”

“The number of misclassified employees and unreported wages in New Jersey is startling and demands better control of this growing trend,” said Quijano (D-Union). “Employee misclassification only benefits the employer, while saddling workers and the competition. It’s wrong and it must stop.”

Under the bill, an employer who purposely misclassifies an employee as an independent contractor would be subject to criminal penalties. Employers who classify an individual who does not meet all three prongs of the three-prong system as an independent contractor would be a violation of the bill. The bill would also prohibit employers from requiring or requesting that an individual enter into an agreement or sign a document which results in his or her misclassification as an independent contractor or otherwise does not accurately reflect the employment relationship with the employer.            The bill was released 6-3 on Monday by the Assembly Labor Committee.

Chivukula and Prieto Bill to Improve Access to Affordable Housing for NJ Veterans Approved by Assembly

(TRENTON) – Legislation sponsored by Assembly Democrats Upendra J. Chivukula (D-Middlesex/Somerset) and Vincent Prieto (D-Bergen/Hudson) that would make affordable housing more accessible to New Jersey veterans was approved Thursday by the Assembly.

“Finding reasonably priced housing can be challenging. For veterans, who are returning home to a poor job market and high housing costs, who may be dealing with mental and physical disabilities, it can be even more difficult,” said Chivukula. “This bill helps makes the transition to civilian life a bit smoother for our veterans by ensuring that they have affordable housing options when they get back.”             “The homelessness rate among veterans in this country is alarming. This bill can help put a dent on this problem by targeting affordable housing for veterans,” said Prieto. “No soldier should have to come back home after fighting a war to end up on the streets. This not only helps veterans currently struggling with homelessness, but those returning home. They deserve nothing less.”  

The bill (A-1744) allows municipalities to enter into agreements with developers to provide affordable housing occupancy preferences of up to 50 percent of the affordable units in a particular project for low to moderate income veterans who served in time of war or other emergency. Current New Jersey law does not extend affordable housing preferences to low to moderate income veterans.

The bill requires the Council on Affordable Housing (COAH) to develop rules similar to those of the United States Department of Housing and Urban Development, which extend the housing benefit to New Jersey veterans. Under the bill, any agreement to provide affordable housing preferences for veterans will not affect a municipality’s ability to get credit for the unit from COAH.

As of December 2011, nearly one in seven homeless adults are veterans, according to the Center for American Progress. More than 67,000 homeless veterans were counted on a given January night in America last year, and more than 4 in 10 homeless veterans were found unsheltered.      According to the think tank, 1.5 million veterans are at risk of homelessness due to poverty, lack of support networks and dismal living conditions in overcrowd or substandard housing.

The bill was approved 79-0 by the Assembly and now heads back to the Senate for further consideration.

Mosquera, Eustace, Milam, Benson, DeAngelo & Wisniewski Bill to Allow Online Voter Registration Approved by Assembly

(TRENTON) – Legislation sponsored by Assembly Democrats Gabriela Mosquera, Tim Eustace, Matthew M. Milam, Daniel Benson, Wayne P. DeAngelo and John S. Wisniewski that would allow New Jersey residents to register online to vote was approved Thursday by the Assembly.

The bill (A-2870) allows New Jersey voters to securely register to vote online and authorizes the use of a voter’s digitized signature from the New Jersey Motor Vehicle Commission database to approve the online registration form.

“People today conduct most of their business online. Whether it’s shopping or maintaining our bank accounts online, the Internet has become integral in our daily routines,” said Mosquera (D-Camden/Gloucester). “Allowing people to register to vote online seems like an obvious transition.”

“People are busier than ever. Registering to vote may not be a priority when you’re juggling work, school and family life,” said Eustace (D-Bergen). “This bill gives folks with tight schedules the convenience of registering to vote from home or any place with a laptop and an Internet connection.”

“We are inundated with so much information on a daily basis that it can be easy to forget to register to vote until Election Day comes and it’s too late,” said Milam (D-Cape May/Atlantic/Cumberland). “Making the voting registration process more practical makes sense.”

The bill requires the Secretary of State to create an online voter registration form on the Department of State website that would allow a person qualified to vote in New Jersey to complete the form online and submit it to the appropriate county commissioner of registration for approval.

The bill requires the online voter registration form to include the same information contained on paper voter registration forms, and that the person completing the form provide all information and identification required by law in order to register to vote. The bill allows the use of the digitized signatures of drivers who authorize the use of that signature for voter registration purposes.

“Young people who just reached the voting age have grown up online,” said Benson (D-Mercer/Middlesex). “By making voter registration just a click away, we will better fit the needs of the next generation of voters.”

“If people can vote for their favorite contestant on a singing competition online, then they should at the very least be able to register to vote online,” said DeAngelo (D-Mercer/Middlesex). “Anything we can do to encourage residents to exercise their right to vote is a win in my book.”

“The average American spends 30 plus hours online a month. Surely a fraction of that can be used to register to vote online,” said Wisniewski (D-Middlesex). “People already depend on the Internet to manage most of their affairs, so it’s sensible to add voter registration to the list.”

Under existing law, a person who is a citizen of the United States, is or will be 18 years of age at the time of the election, and has resided in the county where the person wishes to vote for at least 30 days prior to the election, may register to vote by completing a voter registration form at least 21 days before the election. The form requires the person who is registering to vote for the first time to provide either his or her driver’s license number, or the last four digits of his or her social security number, or any one of several approved identifying documents. The person must also sign the form.

Current law also authorizes the Secretary of State and the county commissioners of registration to match the information on completed voter registration forms, including social security numbers, to the information contained in the New Jersey Motor Vehicle Commission’s database, prior to entering the information from voter registration forms into the statewide voter registration database.

Under the bill, a person who provides a driver’s license number on the online voter registration form would be prompted to authorize the county commissioner of registration to utilize the person’s digitized signature currently available from the New Jersey Motor Vehicle Commission’s database.

If the signature can be located in the database, the bill authorizes the commissioner to accept the signature and approve the online voter registration record in the same manner as currently provided under existing law. If the signature cannot be located, the bill requires the commissioner to notify the person by mail of the steps necessary for completion of the online voter registration form, including the manner in which the person must provide a signature in order for the form to be completed. 

Under the bill, when a person completing an online voter registration form does not provide a driver’s license number, or does not authorize the use of the digitized signature, he or she must print, sign and mail a one-page version of the completed form to the county commissioner of registration, and enclose any indentifying documents that must be submitted under current law.

Whether the online voter registration form is approved through the use of the person’s digitized signature, or through the use of the one-page printed form signed by the person and submitted by regular mail, the bill requires that the online voter registration form must be designed in such a way that enables the county commissioner of registration, after reviewing and approving each form and any hard-copy documents received by mail in connection with each online form, to transfer the information on each approved online voter registration form into the statewide voter registration system in a manner that eliminates or significantly reduces the manual entry of that information into the system.

The bill was approved by a vote of 46-30-3 and now awaits further consideration by the Senate.

ASSEMBLY DEMOCRATS NEWS RELEASE

Spencer, Coutinho & Quijano Bill to Tighten Airport Security Following 2010 Newark Incident Released by Assembly Committee

 (TRENTON) – Legislation Assembly Democrats L. Grace Spencer, Albert Coutinho and Annette Quijano sponsored to toughen penalties for airport security breaches was released Monday by an Assembly panel.

            Spencer, Coutinho (both D-Essex) and Quijano (D-Union) introduced the bill (A-606) after the 2010 incident at Newark Liberty International Airport involving Haisong Jiang, 28, a Rutgers University graduate student who lives in Piscataway.

            Jiang was arrested after authorities identified him as the man who slipped under a security ribbon after a guard briefly left his post. Jiang entered an area where passengers already had been screened. When someone noticed what happened, the terminal was shut down for six hours.

            “Mr. Jiang was sentenced to 100 hours of community service and a $658 fine, but his goodbye kiss cost taxpayers and commuters thousands of dollars,” Spencer said. “Clearly our law needs updating, Lovesick is fine, but it cannot involve jeopardizing the lives of thousands of people and violating the security regulations.”

            “We need to send a stronger message that airport security rules meant to protect the public and keep airport travel orderly cannot be taken lightly,” Coutinho said. “We’ve been in a new day and age since 9/11 and our state laws must accurately reflect that reality.”

“We know all too well that security threats exist, so obviously we need more than the threat of disorderly persons charge for those who violate basic airport security rules,” Quijano said. “It’s puzzling that someone who violates airport security and disrupts national air travel and the lives of thousands of people is facing the same charge as someone who would, for example, spit on a sidewalk.”

            The bill would establish the crime of entering into restricted airport property in violation of federal security requirements. 

The bill sets forth two restricted areas on public airports. 

The first area, a “sterile area,” is defined as any portion of an airport that provides passengers access to boarding aircraft and to which the access generally is controlled by the Transportation Security Administration, an aircraft operator or an air carrier, through the screening of persons and property.

The second area, an “operational area,” is defined as any portion of a public airport, from which access by the public is prohibited by fences or appropriate signs. 

The bill provides that any person who trespasses in these areas in violation of federal security requirements is guilty of a fourth degree crime. A crime of the fourth degree is punishable by a fine of up to $10,000, imprisonment for a term of up to 18 months, or both.

The bill was released by the Assembly Homeland Security and State Preparedness Committee chaired by Quijano.