Assemblyman Jerry Green is the longest-serving member of the New Jersey General Assembly, where he is Speaker Pro Tempore, Chairman of the Housing and Community Development Committee, and a member of the Health and Senior Services Committee. He is also Chairman of the Union County Democratic Committee.
Tuesday, January 28, 2014
ASSEMBLY DEMOCRATS NEWS RELEASE
Eustace, Jasey & Caride Bill to Protect Student Athletes from Risk of Sudden Cardiac Arrest Now Law
(TRENTON) – Legislation sponsored by Assembly Democrats Tim Eustace, Mila M. Jasey and Marlene Caride to help prevent sudden cardiac arrest among student athletes by educating students, parents and coaches about the warning signs and mandating the removal of student athletes who exhibit such symptoms during a sporting activity has been signed into law.
“While sudden cardiac arrest can strike anyone who is idle, the risk is much greater in competitive athletes,” said Eustace (D-Bergen). “It is vital that student athletes and the adults charged with their care are informed so that they can recognize the problem signs before they become fatal.”
“Young athletes often dismiss signs of heart trouble like dizziness and shortness of breath as routine side effects of exercise,” said Jasey (D-Essex/Morris). “Educating these students, their parents and coaches about these symptoms can help identify student athletes at risk and help save a life.”
“It can be hard to imagine how a seemingly healthy and fit individual who is so agile on the field can have an underlying heart problem,” said Caride (D-Bergen/Passaic). “But it happens and has cost some their lives. Being able to recognize the warning signs can help prevent potential tragedies.”
The law (A-4415) imposes various requirements designed to provide student-athletes, their parents or guardians, coaches and other school officials with information concerning the nature and symptoms of sudden cardiac arrest, and establishes protocols for the removal-from-play of student-athletes who experience symptoms while participating in athletic activities or prior to or after such participation. These requirements are applicable to athletic activities that are sponsored by or associated with a school district or nonpublic school, including interscholastic athletics.
Under current law, the state Commissioner of Education is required to develop a pamphlet that provides the parents and guardians of student-athletes with information about sudden cardiac death. Per the existing law, the pamphlet must be distributed to each school district in the state.
This new law makes changes to the existing law, including requiring that the pamphlet also be distributed to nonpublic schools and include certain specific symptoms of sudden cardiac arrest, as well as a form to be signed by the student-athlete and his parent or guardian acknowledging receipt and review of the pamphlet. Under the new law, each student-athlete and his or her parent or guardian must sign the form and return it to his or her school in order to be eligible to participate in a school-sponsored athletic activity.
The new law also establishes protocols for the removal-from-play of student-athletes exhibiting symptoms of sudden cardiac arrest. A student-athlete who exhibits symptoms of sudden cardiac arrest while participating in an athletic activity must be immediately removed from the activity by the team coach. A student who exhibits symptoms of sudden cardiac arrest prior to or after an athletic activity is also prohibited from participating in an athletic activity. The student will not be eligible to return to athletic activity until he is evaluated and receives written clearance from a licensed physician. The law specifies that the board of education or the governing body or chief school administrator of a nonpublic school, as appropriate, must impose certain penalties on a coach who violates these protocols.
Lastly, the law provides that a person who coaches a school district or nonpublic school athletic activity must hold a current certification in cardio-pulmonary resuscitation from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health.
ASSEMBLY DEMOCRATS NEWS RELEASE
Eustace, Benson, Jimenez, Green, Wimberly & Sumter Bill to Better Protect Senior Citizens during Emergencies Gets Final Legislative Approval
(TRENTON) – Legislation Assembly Democrats Tim Eustace, Daniel R. Benson, Angelica Jimenez, Jerry Green, Benjie Wimberly and Shavonda Sumter sponsored to better protect senior citizens during extended power outages and emergencies was approved 37-0 Thursday by the Senate, giving it final legislative approval.
The bill (A-3625) requires age-restricted multiple dwelling owners to annually prepare and maintain emergency building operations plans.
“We saw too far many instances during Hurricane Sandy of our most vulnerable residents being left without direly needed power for a long period of time,” said Eustace (D-Bergen/Passaic). “For our seniors, this can be a matter-of-life and death, so it’s not too much to ask that building owners prepare and maintain emergency building operations plans.”
Under the bill, an owner of a building comprised of more than 20 dwelling units reserved for residents of 55 years and older, will be required to maintain an emergency building operations plan in coordination with the municipal emergency management coordinator.
“Building owners have a basic responsibility to ensure quality living conditions for their tenants,” said Benson (D-Mercer/Middlesex). “That includes emergencies. We cannot have seniors go without adequate heat, water and power simply due to poor planning, a lack of it.”
“Hurricane Sandy showed many of these facilities are simply unprepared for emergencies, and that’s not acceptable, especially for vulnerable senior citizens who rely on heat, hot water and power,” said Jimenez (D-Hudson/Bergen). “Requiring planning and preparation from these building owners is quite simply the right thing to do. Our seniors deserve this consideration.”
“These building owners need to do better when it comes to emergency planning,” said Green, (D-Union/Middlesex/Somerset), the Speaker Pro Tempore. “Sandy left many of our vulnerable seniors without basic needs, and there was no excuse for it. This bill will ensure the failings after Sandy do not happen again.”
“The plan would prepare the building for any possible loss of essential services, such as adequate heat, water, hot water, electricity, gas, or telephone service and any other substantial disruption to daily living that could result during an emergency,” said Wimberly (D-Passaic/Bergen). “This is all common sense.”
“A copy of the plan would be filed with the municipal emergency management coordinator, and with any public utility providing service to the multiple dwelling,” said Sumter (D-Passaic/Bergen). “These are basic steps to better protect our senior citizens.”
The bill was approved 76-0 by the Assembly in March. It now goes to the governor.
News From DeAngelo & Benson
DeAngelo & Benson Bill to Toughen Penalties Under Megan’s Law & Bolster Surveillance & Monitoring of Sex Offenders Signed into Law
(TRENTON) – A bill sponsored by Assembly Democrats Wayne DeAngelo and Daniel R. Benson (both D-Mercer/Middlesex) to revise Megan’s Law to toughen penalties for offenders and provide law enforcement with advanced technology and training has been signed into law.
“This tweaks Megan’s Law to help prevent innocent children from becoming victims,” said DeAngelo. “Measures like ensuring that parole officers are not overwhelmed by large case loads and creating penalties that can help fund initiatives to aid in the surveillance of these offenders will all help ensure that these perpetrators do not become repeat offenders at the expense of our children.”
“The purpose of this is to supplement the protections already provided under Megan’s Law,” said Benson. “This toughens the penalty for offenders targeting children who are especially vulnerable because of a mental or physical disability. It also charges a monthly fee to convicted offenders to help fund greater resources and training for enforcement, further protecting children from these predators.”
The law (A-3886) implements a monetary penalty to be paid by convicted sex offenders to provide monies to the State Parole Board for additional parole officers and programs to monitor sex offenders.
It upgrades the crime of sexual assault, which constitutes a crime of the second degree if the victim is physically or intellectually incapacitated. In these cases, the offense would be upgraded to aggravated sexual assault, a crime of the first degree.
Under the provisions, a person who violates a condition of a special sentence of community supervision for life would be sentenced to a special sentence of parole supervision for life.
Sentencing the offender to parole supervision for life permits any violations of the special sentence to be treated as a parole violation. Under former law, first offenders were sentenced to parole supervision for life, as the special sentence of community supervision for life was repealed and replaced by parole supervision for life. The bill also upgrades a violation of a special sentence of community or parole suspension for life from a crime of the fourth degree to a crime of the third degree.
The law upgrades the penalty for failure to register a new address with the appropriate law enforcement agency when a sex offender moves to another residence. Under former law this is a crime of the fourth degree; under the provisions of the new law it is a crime of the third degree.
The law also requires sex offenders who currently are required to periodically verify their address to also submit any other information required by the Attorney General, such as information on co-habitants, occupation, length of employment, whether they are in therapy, and whether they have Internet access.
The law further provides that a young person who has been adjudicated delinquent for an offense that would constitute “sexting” would not be required to register as a sex offender. For purposes of Megan’s Law, it specifies that a sex offense would not include any offense in which: (1) the facts of the case are limited to the creation, exhibition or distribution of a photograph involving nudity through the use of an electronic communication device, an interactive wireless communications device, or a computer; (2) the creator and subject of the photograph were juveniles at the time of its making; and (3) the subject of the photograph whose nudity is depicted knowingly consented to the making of the photograph.
The law also requires the registration information of all sex offenders whose conduct has been characterized by a pattern of repetitive, compulsive behavior to be published on the Internet registry. Under current law, the registration information of all Tier Two offenders (moderate risk to re-offend) who do not fit within the statutory exceptions and Tier Three offenders (high risk to re-offend) is published on the Internet registry regardless of the offender’s tier. The registration information of Tier One offenders (low risk to re-offend) is not published on the Internet registry.
This law requires an offender whose conduct was found to be repetitive and compulsive to appear on the Internet registry. It prohibits a sex offender who is at moderate risk to reoffend but found to be compulsive and repetitive from invoking one of the statutory exceptions to keep his registration information from being published on the Internet.
It also imposes additional requirements on the State Parole Board to improve the board’s supervision and monitoring of sex offenders. A monthly penalty of $30 would be imposed on every person convicted of or adjudicated delinquent for a sex offense to fund these initiatives.
The law specifies that sex offenders whose income does not exceed 100 percent of the federal poverty level would be required to pay 50 percent of the monthly penalty and sex offenders whose income does not exceed 149 percent of the federal poverty level would be required to pay 75 percent of the monthly penalty.
The law provides that the moneys from the monthly penalty would be forwarded to the Department of the Treasury to be deposited in a nonlapsing, revolving fund to be known as the “Sex Offender Supervision Fund.” Monies deposited into the fund are to be used for operational expenses incurred by the board in supervising sex offenders.
Moneys in the fund also would be appropriated by the Legislature to the State Parole Board on an annual basis for the development of a program utilizing computers and other technology for parole officers who supervise sex offenders in order to detect crimes or violations of conditions of parole..
Parole officers who participate in the program would receive instruction in: conducting investigations to determine if supervised sex offenders have illegally used computers, telecommunications devices and other high technology instruments, or have used these instruments to commit unlawful or criminal acts; forensic recovery, evidence preservation and analysis of data in computer systems seized because of possible criminal activity; monitoring the use of interactive computer services by supervised sex offenders, especially those who are suspected of contacting minors for sexual activity; and cooperation with other law enforcement agencies to coordinate efforts in investigating and prosecuting unlawful computer activity by supervised sex offenders.
The law also amends the statutes concerning the collection and priority of criminal fines, assessments, and penalties to reference the new penalty created in the bill.
Monday, January 27, 2014
News from Assemblyman Green
Green Sworn In as Assembly Speaker Pro Tempore
(TRENTON) – The New Jersey General Assembly on Monday swore in Assemblyman Jerry Green (D-Middlesex/Somerset/Union) as Speaker Pro Tempore for the 216th Legislature.
Green was sworn in during the Assembly’s reorganization at the Trenton War Memorial.
“It is an honor to be selected by the Assembly to once again serve as Speaker Pro Tempore,” said Green. “I look forward to working with the Speaker Prieto and Majority Leader Greenwald as we embark on a new legislative session, and vow to continue to build on the successes of the previous year and bring forth meaningful legislation to benefit residents of the 22nd District and all of New Jersey.”
Green, of Plainfield, was first elected to the Assembly in 1991, and has served as Assembly Speaker Pro Tempore since 2008. Green represents the 22nd Legislative District, which includes Dunellen and Middlesex in Middlesex County; Green Brook and North Plainfield in Somerset County; and Clark, Fanwood, Linden, Plainfield, Rahway, Scotch Plains and Winfield in Union County.
News from Assemblywoman Watson Coleman
Watson Coleman ‘Yellow Dot Program’ Bill Now Law
Law Will Provide First Responders with Critical
On-Scene Health Information in First Minutes after a Car Crash
(TRENTON) – Legislation sponsored by Assemblywoman Bonnie Watson Coleman to create a “Yellow Dot Program” in New Jersey has been signed into law.
The law (A-2037/S71) authorizes a local governing body of any county or municipality in the state to establish a “Yellow Dot Program.” The program will provide first responders with critical health and emergency contact information about drivers who elect to participate, so that the on-scene medical help can better tailor their treatments when the patients are unable to speak or are otherwise unresponsive.
“The first minutes following a life-threatening car accident are crucial, doubly so when the crash involves someone with unique medical needs,” said Watson Coleman (D-Mercer). “Having a standard notification system – a yellow dot – that alerts first responders to critical medical information about the accident victims can spell the difference between life and death.”
In implementing the program and designing program materials, a local governing body must consider the materials used by similar programs in the state and other states. The local governing body may also consult with interested parties, including, but not limited to local law enforcement agencies, fire departments, emergency medical services personnel, agencies or organizations with direct contact with senior citizens, and any other organizations that promote the health and safety of motorists.
Program materials should include, but need not be limited to: an adhesive yellow decal to be placed on the rear driver side rear window; a health information card containing a recent photo of the participant, the participant’s name, emergency contact information, medical conditions, recent surgeries, allergies, medications, and any other information the local governing body should deem relevant to emergency responders in the case of a motor vehicle accident or emergency; and a yellow storage envelope to hold the health information card, to be placed in the participant’s glove box.
Under the law, any local governing body that establishes a Yellow Dot Program must make program materials available for pick up at convenient and accessible locations. The locations must be determined by the local governing body. The local governing body may also establish a means whereby program materials may be obtained or ordered through the mail or electronically.
“Treating victims at the scene of an accident can be difficult because their medical history and medication conflicts are not known to first responders on the scene,” said Watson Coleman. “Creating a notification system to alert EMTs and paramedics that the information is available on scene saves valuable time that would otherwise have to be used chasing down a victim’s medical history.”
News from Assemblyman Eustace
Eustace Bill to Allow Students who Moved out of a School District Due to Hardship to Remain in Same School Now Law
(TRENTON) – Legislation Assembly Democrat Tim Eustace (D-Bergen) that would allow a child who has moved out of a school district due to a tragic event to remain enrolled in that district until the end of the school year was signed into law.
“The law addresses the difficult situation that students and parents find themselves in when they must relocate to escape a dangerous situation,” said Eustace. “These are children who have been abused or have endured some other hardship that doesn’t allow them to remain in the community served by the school district for their own safety. Surely this warrants an exemption. These children have been through enough to now have to worry about reestablishing themselves in a new school.”
The new law (A-735) allows a child, who moves out of a school district due to domestic violence, sexual abuse or any other family crisis, to remain enrolled in that district until the end of the school year. If the child remains enrolled in the district for the remainder of the school year, the district will be responsible for providing transportation services to the child, provided the child lives “remote” from the school. An elementary school pupil is considered remote if he or she lives more than two miles from the school, while a secondary school pupil is considered remote if he or she lives more than 2 1/2 miles from the school. The state would be responsible for reimbursing the school district for any transportation costs incurred.
“Taking a child away from his friends, teachers and school for circumstances they did not create just adds insult to injury. If there is a legitimate reason to allow a student who lives outside a school district to continue to attend school in that district, this is it,” said Eustace.
ASSEMBLY DEMOCRATS NEWS RELEASE
Coughlin, Johnson & Wimberly Bill Allowing Judges to Award Community Service in Lieu of Fines for Certain Crimes Now Law
Measure Will Grant Courts Additional Discretion in Sentencing Individuals
(TRENTON) – Legislation sponsored by Assembly Democrats Craig J. Coughlin, Gordon M. Johnson and Benjie Wimberly to allow New Jersey courts to assign community service instead of monetary fines as a penalty for certain crimes is now law.
“Giving judges the extra flexibility to take into account an offender’s financial standing before handing down a sentence that includes fines that realistically will never be repaid will save our local legal systems time and money in the long run,” said Coughlin (D-Middlesex). “After all, time is a currency everyone values.”
Under previous law, a municipal judge could only order an offender to perform community service after they have failed to pay a penalty or defaulted on a payment plan. The new law (A-3254) will now allow municipal judges the discretion to award a community service penalty in lieu of a fine as an initial penalty.
“Some offenders simply cannot afford to pay a fine, no matter the amount,” said Johnson (D-Bergen). “For others, no fine – no matter the amount – will be enough to deter them from committing a crime. For these individuals, the threat of losing their free time to court-mandated community service may serve as a much better deterrent.”
“This is a reasonable alternative to fines that many defendants, quite simply, cannot pay, which serves no purpose,” said Wimberly (D-Passaic/Bergen). “Sentencing such individuals to community service is always a better option to accomplishing nothing. Plus, it can prove a valuable educational experience for defendants and a benefit to our communities.”
News from Assemblywoman Sumter
Sumter Bill to Protect Benefits for Workers Laid-Off Due to Emergencies like Sandy Becomes Law
(TRENTON) – Legislation sponsored by Assemblywoman Shavonda Sumter to help protect benefits for workers laid-off or furloughed due to a state of emergency was signed into law recently.
“Instances like Superstorm Sandy highlighted gaps in our existing laws that can pose an enormous financial hardship for employees who suddenly find themselves out of work due to no fault of their own,” said Sumter (D-Bergen/Passaic). “This law will help ensure that working families, in particular, aren’t hit doubly hard if an emergency or natural disaster prevents them from working.”
The new law (A-4527) helps to maintain eligibility for workers who may otherwise lose eligibility for certain leave and benefits due to loss of employment during a disaster or emergency for which a state of emergency is declared.
This statute will apply to eligibility determinations for leave under the “Family Leave Act” and the “New Jersey Security and Financial Empowerment Act,” (SAFE Act) and eligibility determinations for temporary disability insurance (TDI) benefits and family leave insurance (FLI).
Prior to the new law, a worker was not eligible for leave under the FLA or SAFE Act unless employed at least 1,000 hours during the preceding year, and is not eligible for TDI or FLI benefits unless establishing at least 20 “base weeks” (with pay each week at least 20 times the minimum wage), or earning a total of 1,000 times the minimum wage, during the preceding year.
Current law now provides that, in the case of an individual who is laid off or furloughed by an employer curtailing operations because of a state of emergency declared after October 22, 2012, any time in which the individual is separated from employment is regarded as time in which the individual is employed for the purpose of determining whether the individual is eligible for leave under the FLA or the SAFE Act, or benefits under the TDI or FLI laws.
This exception would apply to up to a maximum of 90 calendar days for the FLA or the SAFE Act, and up to 13 weeks under the TDI or FLI laws.
ASSEMBLY DEMOCRATS NEWS RELEASE
Mosquera, Benson & Singleton Bill Boosting Protections for Domestic Violence Victims Now Law
(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 has been signed into law.
“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 new law (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 law 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.
Wednesday, January 22, 2014
ASSEMBLY DEMOCRATS NEWS RELEASE
*** THURSDAY ***
New Jersey Assembly to Meet at Noon
Thursday to Create Special Investigatory Committee with Subpoena Power
Committee to Then Meet at 1 p.m. to Determine Process for Issuing Subpoenas
(TRENTON) – The New Jersey General Assembly will meet at noon Thursday to consider legislation creating a special investigatory committee focused on questions surrounding the decision to close access lanes to the George Washington Bridge in Fort Lee.
The Select Committee on Investigations will then meet at 1 p.m. to determine its process for issuing subpoenas. That meeting will take place in Committee Room 11 of the State House Annex.
Meeting notices for both the session and hearing are attached to this email.
ASSEMBLY DEMOCRATS NEWS RELEASE
Assembly Passes Riley, Mosquera & Lampitt Bill to Expand & Fund Support Network for Mothers of Special Needs Children
(TRENTON) – Legislation sponsored by Assemblywomen Celeste Riley, Gabriela Mosquera and Pamela Lampitt to officially expand and fund an innovative support network for mothers and families of children with special needs was approved by the full Assembly on Monday.
The bill (A-4339), approved 73-0-0 by the Assembly, would officially establish the “Mom2Mom Peer Support Program” helpline to receive and respond to calls statewide from mothers of children with special needs and their families.
The bill received various technical amendments to concur with the governor’s conditional veto.
“The issues facing mothers of children with special needs are truly unique and no one understands them better than a mother who has already faced these same challenges,” said Riley (D-Cumberland/Gloucester/Salem). “It’s no wonder that this program has been well-received in its short inception. This bill will ensure that it continues to operate and expand to meet the needs of parents throughout New Jersey who face these unique challenges.”
The program was initially established by the University of Medicine and Dentistry of New Jersey (UMDNJ) in the fall of 2010 to care for the mental and emotional health of mothers of special needs children in Essex, Union and Morris Counties. With the support of the state Department of Children and Families (DCF), the program recently expanded this year to serve all 21 counties.
“Sometimes the best support you can get is from someone who knows exactly what you’re going through,” said Mosquera (D-Camden/Gloucester). “Based on the early success of this program, that seems to be the case for moms throughout New Jersey who are raising children with special needs. This program deserves to be continued and expanded.”
The helpline is now administered by DCF in conjunction with University Behavioral HealthCare of Rutgers, the State University.
The bill would provide for the training of helpline staff, the establishment of a list of credentialed resources and behavioral health care providers throughout the state to ensure that mothers, children, and their families receive ongoing counseling and a continuum of care in New Jersey, and consultation with various state agencies to ensure the quality of the assistance provided by the helpline program.
“When it comes to such a challenging area, nothing trumps peer counsel and support,” said Lampitt (D-Camden/Burlington). “Who better to help moms juggle their daily demands while meeting the unique needs of their child than another mom who has experienced it all already? This support is invaluable.”
The Mom2Mom Peer program offers live, 24/7 call service answered by a mom peer or mental health specialist through the University Behavioral HealthCare Access Center and on-call clinicians. Live chat is also available through the website mom2mom.us.com. Since its inception in 2010, over 29,000 contacts have been made.
Among the top ten issues reported by mothers calling the helpline are: family/parenting, school stressors, depression/mood disorder, child mental health, anxiety/phobias, marital/couples, legal, developmental disability, medical/somatic compensation.
The measure with amendments suggested in the conditional veto will go to the Senate for further consideration.
ASSEMBLY DEMOCRATS NEWS RELEASE
Moriarty, Mainor, Fuentes, Mosquera & Lampitt Bill to Equip All New Police Cars in New Jersey with Cameras Gains Final Legislative Approval
Bill Stems from Lawmaker’s Personal Experience & Would Provide Protection to Residents & Police Officers Alike
(TRENTON) – Legislation Assembly Democrats Paul D. Moriarty, Charles Mainor, Angel Fuentes, Gabriela Mosquera and Pamela Lampitt sponsored that would eventually equip all police cars in New Jersey with cameras received final legislative approval Monday by a vote of 54-17. The bill (A-4193) comes after Moriarty’s own personal experience.
Moriarty (D-Gloucester/Camden) was charged with drunken driving and other charges in July 2012 in Washington Township, but Moriarty told police he had nothing to drink that day. Dashboard camera video from the officer’s car showed Moriarty did not cut off the officer, as the officer claimed, and showed Moriarty passing sobriety tests without problem.
The charges against Moriarty were dismissed in early May, and the officer who filed the allegations has now been indicted on 14 criminal counts accusing him of making a false arrest of Moriarty and lying to support his claims.
“Having a visual record of a traffic stop provides the best evidence for police to use in court,” Moriarty said. “The video doesn't lie. It doesn't forget what is said. It is impartial and may, in fact, help reduce protracted court cases and litigation. To not have a visual recorder in police cars used for traffic stops is like having an office desk without a computer.”
Added Moriarty, “Without that dashboard camera, who knows how my case would have proceeded, and that’s a scary thought. I am grateful to have been afforded the protection that camera provided, but I realize not everyone has been as fortunate. I now want to make sure everyone in New Jersey eventually gets that same benefit and ability to protect their rights.”
The bill would require new or used municipal police vehicles that are purchased, leased or otherwise acquired on or after the bill’s effective date to be equipped with cameras. Specifically, under the provisions of the bill, municipal police vehicles that are primarily used for traffic stops are required to be equipped with a mobile video recording system.
“In this day and age of technology, this is common sense, really,” said Mainor (D-Hudson). “This technology is affordable and readily available, so let’s put it to good use for everyone’s benefit.”
“Motorists who do the right thing and police officers who do their jobs the right way have nothing to worry about from this bill,” said Fuentes (D-Camden/Gloucester). “Plus, under this bill, the taxpayers don’t have to pay for this added protection.”
The bill increases the surcharge imposed on persons convicted of driving while intoxicated. The additional surcharge is payable to the municipality where the summons was issued for the cost of equipping police vehicles with cameras, as required by this bill.
“This is the right thing to do for everyone,” said Lampitt (D-Camden/Burlington). “It protects motorists, but it also would protect police officers from false claims of harassment and abuse. That’s just as important. In the end, everybody wins.”
“We have this technology available for the benefit of everyone, so we should use it in a sensible way,” said Mosquera (D-Gloucester/Camden). “We know these cameras can protect motorists and police officers, so let’s make this reality, especially knowing the taxpayers won’t have to pay for it. It’s the right thing to do for everyone.”
ASSEMBLY DEMOCRATS NEWS RELEASE
Prieto, Greenwald & Wisniewski on Creation of Special Legislative Committee to Continue Investigation into GWB Lane Closings
(TRENTON) – Assembly Speaker-Elect Vincent Prieto (D-Hudson), Majority Leader Louis D. Greenwald (D-Camden) and Deputy Speaker and transportation panel chair John S. Wisniewski (D-Middlesex) issued a multimedia package Monday of their news conference in which they announced the formation of a special investigative committee to continue the inquiry into the growing scandal surrounding the September closings of the Fort Lee access lanes to the George Washington Bridge by the Port Authority of New York and New Jersey.
The multimedia package consists of a video of the news conference, in its entirety, and audio of same.
The video can be accessed directly via our website – www.assemblydems.com – or by pasting the following link into a Web browser: http://youtu.be/7fM5Epkmnts
The audio file is available upon request.
ASSEMBLY DEMOCRATS NEWS RELEASE
Benson, Riley & Ramos Bill to Establish Mold Exposure Limits in Residential Buildings Gets Final Legislative Ok
Bill Would Also Create Certification Program to Help Protect Public Health & Safety
(TRENTON) – Legislation sponsored by Assembly Democrats Daniel R. Benson, Celeste M. Riley and Ruben Ramos requiring the state to establish standards for exposure limits to mold in residential buildings and certification of mold inspectors and abatement workers received final legislative approval 64-13-3 by the General Assembly on Monday.
The bill (A-1588) would require the state Department of Community Affairs (DCA) in consultation with the state Department of Health and Senior Services to establish standards for exposure limits to mold in residential buildings, and procedures for the inspection, identification and evaluation of the interior of residential buildings for mold.
“This creates rules and regulations that currently don’t exist to protect the public health and safety against mold,” said Benson (D-Mercer/Middlesex). “Mold presents a particular problem for sensitive populations like children or people with compromised immune systems or respiratory problems, and right now there is no agency they can call to get help when it comes to mold.”
“Mold can exacerbate health problems including asthma and allergies in children, and currently there are no standards to control its harmful potential,” said Riley (D-Cumberland/Gloucester/Salem). “Other states have passed laws establishing guidelines, and now it’s time for New Jersey to follow suit and protect its residents against the health risks that can be caused by mold.”
“Considering the health implications, it is hard to believe that there are currently no regulations concerning mold, or no agency that a person whose health or property has been compromised by mold can call for assistance,” said Ramos (D-Hudson). “This bill makes up for this failure by putting in place guidelines to help protect the public against the health threats associated with mold exposure.”
Under the bill, the DCA would also be required to: (1) establish standards for mold hazard abatement procedures including specialized cleaning, repairs, maintenance, painting, temporary containment and ongoing monitoring of mold hazards or potential hazards; and (2) establish a certification program for persons who inspect for the presence of mold hazards in residential buildings and who perform mold hazard abatement work in residential buildings.
However, residential property owners who are not certified under the bill may perform mold inspection and mold abatement work on their own property.
Additionally, the bill would require any person performing work in school facilities to be certified under the mold hazard inspection and abatement certification program established under the bill.
On the first day of the sixth month following the adoption of these rules and regulations, any person who inspects for the presence of mold hazards in residential buildings and performs mold hazard abatement work in residential buildings would be required to be certified by the DCA.
The DCA must adopt the standards within a year after the bill is enacted into law.
The bill now heads to the Governor’s desk.
ASSEMBLY DEMOCRATS NEWS RELEASE
Fuentes, Diegnan, Vainieri Huttle & Conaway Bill Providing Social Media Training for School Students Gets Final Legislative Approval
Measure Comes in the Wake of Many High-Profile Tragedies Prompted by Social Media Use
(TRENTON) – Legislation sponsored by Assembly Democrats Angel Fuentes, Patrick J. Diegnan, Jr., Valerie Vainieri Huttle and Herb Conaway. Jr., M.D. to help educate New Jersey students on the responsible use of social media and the many pitfalls that come along with its use received final legislative approval Monday and now heads to the governor’s desk.
“We’ve all made foolish mistakes as kids, but nowadays those decisions can be magnified tenfold by social media, creating many unfortunate consequences for children,” said Fuentes (D-Camden/Gloucester). “Everyday we see stories about youngsters facing legal repercussions, humiliation and tragically, even suicide, as a result of social media activity. Proper education will hopefully help open students eyes to these consequences so they do not end up as the next unfortunate headline.”
The sponsors underscored the importance of the legislation in the wake of many high-profile tragedies prompted by social media use, including the suicide of Rutgers student Tyler Clementi and two high-profile rape cases in California and Ohio, which resulted in one suicide.
“The advent of social media has made it a far more complicated and different world for adolescents growing up today than it was for their parents,” said Diegnan (D-Middlesex). “Whether it’s adolescent impulsiveness or something more dangerous like bullying and harassment, it bears far more serious consequences when carried out over social media. It’s important that we educate students early about the proper way to go about using these platforms.”
The bill (A-3292) would require school districts to provide instruction on the responsible use of social media as part of the district’s implementation of the Core Curriculum Content Standards in Technology.
“Social media is powering the world today and can affect college prospects, job opportunities and much more,” said Vainieri Huttle (D-Bergen). “It’s important that we teach kids at an early age to use these tools responsibly so they don’t make any foolish mistakes that could derail their lives before they even get started.”
“Social media has become such a part of our daily routine that many people, especially young people, fail to recognize just how detrimental it can be when used inappropriately,” said Conaway (D-Burlington). “Internet technology and social media expose children to a great many age-inappropriate concepts. All must be done to provide parents and schools with the tools to enable them to protect our precious children.”
The instruction will provide students in grades 6-8 with information on the purpose and acceptable use of various social media platforms; social media behavior that ensures cyber safety, cyber security, and cyber ethics; and potential negative consequences of failing to use various social media platforms responsibly, including cyber bullying.
Under the bill, the Commissioner of Education would be required to provide school districts with sample learning activities and resources designed to promote the responsible use of social media.
The bill was approved in the Assembly 71-6-2 and by the Senate 37-2 earlier this month.
Friday, January 17, 2014
ASSEMBLY DEMOCRATS NEWS RELEASE
Gusciora & Sumter Bill to Help Get Dormant Properties Redeveloped & Back on Tax Rolls Clears Assembly
Bill would help revitalize abandoned properties including historic Roebling factories property in Trenton & Vista site within Great Falls National Historic Park area in Paterson
(TRENTON) – The Assembly on Monday approved legislation sponsored by Assembly Democrats Reed Gusciora (D-Mercer/Hunterdon) and Shavonda E. Sumter (D-Passaic/Bergen) to help get properties that have otherwise been ignored by developers redeveloped and revitalized.
“Many municipalities have properties that for one reason or another have been ignored by developers and have sat vacant and blighted for years, contributing nothing to the local economy,” said Gusciora. “This bill would ease some of the bureaucracy involved in getting permits and approvals for redevelopment projects in order to get these properties developed and back on the tax rolls.”
“This would be a tremendous help to muinicipalities like Paterson which are sitting on diamonds in the rough just waiting to be polished,” said Sumter. “Take the Vista site within the Great Falls National Park District, which has endured some setbacks. This bill would help us market this space to potential developers, which would further propel the redevelopment of this historic area.”
The bill (A-3604) directs the executive director of the New Jersey Economic Development Authority (EDA), in consultation with the Commissioner of Community Affairs, to establish and administer a statewide pilot program to assist qualified rehabilitation entities seeking to obtain the necessary permits and approvals needed to redevelop and revitalize abandoned properties.
Under the pilot program, the authority must identify and include 12 properties in the state which have been deemed poor or risky investments due to problems associated with the properties, including, but not limited to, environmental hazards, infrastructural hazards, title disputes, and governmental or legal claims, or other problems which may interfere with, limit, or prolong the process of redevelopment or revitalization. The properties must include, but not be limited to, those properties determined to be abandoned properties pursuant to P.L.2003, c.210 (C.55:19-78 et al.), the area known as the Roebling factories property in the city of Trenton, and the Vista site, with surrounding factories, located in the Great Falls National Historical Park section of the city of Paterson.
Within 90 days of the effective date of the bill, the authority must establish an application process in order to accept applications from qualified rehabilitation entities interested in the program. Upon the 91st day following enactment, the authority must make the applications available, and within a reasonable time frame thereafter, start approving applications for participation in the program.
The authority would have to assist participating qualified rehabilitation entities with the process of obtaining permits and approvals necessary to start and continue redevelopment on the properties identified by the authority for inclusion in the program. The authority would be authorized to collect fees in connection with applications for, and participation in, the pilot program as it deems reasonable.
Finally, the bill directs the EDA executive director to submit a report to the governor and the Legislature within three years following the effective date of the bill, advising whether the pilot should be continued, and if so, recommendations for further improvement, modifications, and implementation.
The bill was approved by the Assembly 62-18-0 and now heads to the Senate for further consideration.
ASSEMBLY DEMOCRATS NEWS RELEASE
Benson, Caride, Fuentes & Gusciora Bill to Protect Consumers from Being Barraged by Misleading Calls from Electric Suppliers Gets Final Legislative Approval
(TRENTON) – Legislation sponsored by Assembly Democrats Daniel R. Benson, Marlene Caride, Angel Fuentes and Reed Gusciora to protect consumers from being slammed by calls from electric power suppliers making false and misleading claims was approved 80-0 by the Assembly on Monday, giving it final legislative approval.
The bill (A-3422) bans electric power suppliers from making false and misleading advertising claims to potential residential customers. The bill also limits a supplier from making more than one advertising call a year to potential residential customers with whom they have no business relationship.
“We’ve seen growing problem of consumers getting slammed by these calls, many of which appear to include false and misleading claims,” said Benson (D-Mercer/Middlesex). “New Jersey has taken strong steps to protect consumers from aggravating telemarketing calls. This area should be no different.”
“Consumers deserve to know they can stop unwanted phone calls, especially those that spread questionable information,” said Caride (D-Passaic/Bergen). “We’ve had enough with false claims, and with getting barraged with calls from companies with which we have no business relationship.”
“Residents deserve the peace and quiet of their homes, not one call after another from companies that they have no business relationship with,” said Fuentes (D-Camden/Gloucester). “This is a reasonable and common sense bill to protect consumers.”
“Nobody likes being bombarded with solicitation calls at home, especially after a long day at work,” said Gusciora (D-Mercer/Hunterdon). “New Jersey consumers should not have to worry about companies they have never dealt with trying to get their business under false pretenses.”
The bill would require the Board of Public Utilities (“BPU”) to adopt advertising and marketing standards for electric power suppliers which would prohibit suppliers from making false or misleading advertising claims to a potential customer; or initiating contact with a potential customer via telephone more than once per calendar year for the purpose of making an unsolicited advertisement if the electric power supplier does not have an existing business relationship with said customer.
The bill would provide that any electric power supplier that violates the above provisions and, in doing so, collects charges for electric power supply services from a customer, shall be liable to the customer in an amount equal to all charges paid by the customer after such violation in accordance with any procedures as the BPU may prescribe.
Further, any electric power supplier that violates the above provisions shall be liable for a civil penalty of not more than $10,000 for the first offense, and not more than $25,000 for the second and each subsequent offense, for each day that the violation continues.
Any civil penalty which may be imposed may be compromised by the BPU.
The bill now goes to the governor.
News from Assemblyman Cryan
Cryan Bill to Improve Communication with Utility Customers During Emergencies Clears Assembly
(TRENTON) – The General Assembly on Monday approved legislation sponsored by Assemblyman Joseph Cryan to help improve communications with utility customers during the event of an emergency.
“Communication is key in any emergency,” said Cryan (D-Union). “This is a common sense plan that we want to make sure every utility provider is following to ensure that they always have a back-up method to reach customers with critical alerts or notifications. For example, if I’m elderly or have health problems and I’m without power during a storm, I want to know that my utility provider has a way of alerting me in the event that the outage will be prolonged and I might need to seek alternate shelter.”
The bill (A-3619) would require electric, water, and gas public utilities, telecommunications companies, and cable television companies, to annually submit a request in written form to each customer to obtain alternate modes of communication not associated with the customer’s account, at which it may communicate with the customer in the case of a service interruption or emergency. .
The bill was approved 73-3.
News From DeAngelo & Benson
Assembly Grants Approval to DeAngelo & Benson Bill to Toughen Penalties Under Megan’s Law & Bolster Surveillance & Monitoring of Sex Offenders
Megan’s Law Requires the Registration of Sex Offenders and Notification
to the Community of Their Whereabouts
(TRENTON) – The Assembly granted approval 78-0-1 to a bill sponsored by Assembly Democrats Wayne DeAngelo and Daniel R. Benson (both D-Mercer/Middlesex) to revise Megan’s Law to toughen penalties for offenders and provide law enforcement with advanced technology and training.
“This bill tweaks Megan’s Law to help prevent innocent children from becoming victims,” said DeAngelo. “Measures like ensuring that parole officers are not overwhelmed by large case loads and creating penalties that can help fund initiatives to aid in the surveillance of these offenders will all help ensure that these perpetrators do not become repeat offenders at the expense of our children.”
“The purpose of this bill is to supplement the protections already provided under Megan’s Law,” said Benson. “The bill toughens the penalty for offenders targeting children who are especially vulnerable because of a mental or physical disability. It also charges a monthly fee to convicted offenders to help fund greater resources and training for enforcement, further protecting children from these predators.”
The bill (A-3886) implements a monetary penalty to be paid by convicted sex offenders to provide monies to the State Parole Board for additional parole officers and programs to monitor sex offenders.
It upgrades the crime of sexual assault, which constitutes a crime of the second degree if the victim is physically or intellectually incapacitated. In these cases, the offense would be upgraded to aggravated sexual assault, a crime of the first degree.
Under the provisions, a person who violates a condition of a special sentence of community supervision for life would be sentenced to a special sentence of parole supervision for life.
Sentencing the offender to parole supervision for life permits any violations of the special sentence to be treated as a parole violation. Under current law, first offenders are sentenced to parole supervision for life, as the special sentence of community supervision for life was repealed and replaced by parole supervision for life. The bill also upgrades a violation of a special sentence of community or parole suspension for life from a crime of the fourth degree to a crime of the third degree.
The bill upgrades the penalty for failure to register a new address with the appropriate law enforcement agency when a sex offender moves to another residence. Under current law this is a crime of the fourth degree; under the provisions of the bill it is a crime of the third degree.
The bill also requires sex offenders who currently are required to periodically verify their address to also submit any other information required by the Attorney General, such as information on co-habitants, occupation, length of employment, whether they are in therapy, and whether they have Internet access.
The bill further provides that a young person who has been adjudicated delinquent for an offense that would constitute “sexting” would not be required to register as a sex offender. For purposes of Megan’s Law, the bill specifies that a sex offense would not include any offense in which: (1) the facts of the case are limited to the creation, exhibition or distribution of a photograph involving nudity through the use of an electronic communication device, an interactive wireless communications device, or a computer; (2) the creator and subject of the photograph were juveniles at the time of its making; and (3) the subject of the photograph whose nudity is depicted knowingly consented to the making of the photograph.
The bill also requires the registration information of all sex offenders whose conduct has been characterized by a pattern of repetitive, compulsive behavior to be published on the Internet registry. Under current law, the registration information of all Tier Two offenders (moderate risk to re-offend) who do not fit within the statutory exceptions and Tier Three offenders (high risk to re-offend) is published on the Internet registry regardless of the offender’s tier. The registration information of Tier One offenders (low risk to re-offend) is not published on the Internet registry.
This bill requires an offender whose conduct was found to be repetitive and compulsive to appear on the Internet registry. The bill prohibits a sex offender who is at moderate risk to reoffend but found to be compulsive and repetitive from invoking one of the statutory exceptions to keep his registration information from being published on the Internet.
The bill also imposes additional requirements on the State Parole Board to improve the board’s supervision and monitoring of sex offenders. A monthly penalty of $30 would be imposed on every person convicted of or adjudicated delinquent for a sex offense to fund these initiatives.
The bill specifies that sex offenders whose income does not exceed 100 percent of the federal poverty level would be required to pay 50 percent of the monthly penalty and sex offenders whose income does not exceed 149 percent of the federal poverty level would be required to pay 75 percent of the monthly penalty.
The bill provides that the moneys from the monthly penalty would be forwarded to the Department of the Treasury to be deposited in a nonlapsing, revolving fund to be known as the “Sex Offender Supervision Fund.” Monies deposited into the fund are to be used for operational expenses incurred by the board in supervising sex offenders.
Moneys in the fund also would be appropriated by the Legislature to the State Parole Board on an annual basis for the development of a program utilizing computers and other technology for parole officers who supervise sex offenders in order to detect crimes or violations of conditions of parole..
Parole officers who participate in the program would receive instruction in: conducting investigations to determine if supervised sex offenders have illegally used computers, telecommunications devices and other high technology instruments, or have used these instruments to commit unlawful or criminal acts; forensic recovery, evidence preservation and analysis of data in computer systems seized because of possible criminal activity; monitoring the use of interactive computer services by supervised sex offenders, especially those who are suspected of contacting minors for sexual activity; and cooperation with other law enforcement agencies to coordinate efforts in investigating and prosecuting unlawful computer activity by supervised sex offenders.
The bill also amends the statutes concerning the collection and priority of criminal fines, assessments, and penalties to reference the new penalty created in the bill.
ASSEMBLY DEMOCRATS NEWS RELEASE
Quijano, Mainor & Eustace Bill to Crack Down on Cyber Harassment Approved by Full Assembly
(TRENTON) – Legislation sponsored by Assembly Democrats Annette Quijano, Charles Mainor and Tim Eustace to crack down on cyber harassment was approved 76-0-4 by the General Assembly on Monday.
“Harassment, whether in person or over the internet, is just that – harassment,” said Quijano (D-Union). “In some cases, the spotlight of the internet intensifies the magnitude of the harassment and can lead to tragic endings, particularly for young teens. We need to send a clear message that we’re not going to tolerate it in any way, shape or form.”
The bill (A-3785) was initially prompted by the death of Megan Meier, a Missouri teen who committed suicide three weeks before her fourteenth birthday after being harassed and bullied on the internet by adults posing as a teenager. Since then, a number of high profile cyber harassment cases have been reported, including the tragic death of Rutgers student Tyler Clementi.
“I’m pleased that this bill includes parental involvement for teens that are found guilty of cyber harassment,” said Mainor. “No matter how much we try as lawmakers, we can’t effectively combat this problem without a comprehensive approach that involves everyone in a teen’s life.”
The bill defines cyber harassment as using any electronic device or social networking site with the purpose to harass another person and: 1) threatening to injure or harm a person or that person’s property; 2) knowingly sending or posting lewd, indecent or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or 3) threatening to commit a crime against a person or his or her property.
“It breaks my heart to read stories about teens who have been harassed online to the point of suicide,” said Eustace (D-Bergen/Passaic). “It’s hard to police the ‘Wild West’ known as the Internet, but by toughening our laws on harassment, hopefully young people will understand that their actions online are not just a virtual reality, but ones with real life consequences.”
The bill would make cyber harassment a crime of the fourth degree, punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. However, if the offender is over age 21 at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, cyber harassment would be upped to a crime of the third degree, which is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
Under the bill, if a minor under age 16 is adjudicated delinquent for cyber harassment, the court may order that the minor, accompanied by his or her parent or guardian, satisfactorily complete one or both of the following: 1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or 2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.
If a parent or guardian fails to accompany his or her child to the class or training program, the parent or guardian would be guilty of a disorderly person’s offense and fined up to $25 for a first offense and up to $100 for each subsequent offense.
ASSEMBLY DEMOCRATS NEWS RELEASE
Oliver & Watson Coleman Bill to Ensure Transparent & Efficient Distribution of Hurricane Sandy Recovery Funds Clears Assembly
(TRENTON) – Legislation sponsored by Assembly Speaker Sheila Oliver (D-Essex) and Assemblywoman Bonnie Watson Coleman (D-Mercer/Hunterdon) to require oversight reporting on Hurricane Sandy recovery funds was approved Monday by the General Assembly.
“There have been questions raised about how effectively recovery funding has been used,” said Oliver. “Residents affected by Sandy should be able to trust that funds slated for recovery are being used properly. This bill adds some transparency to the process, and ensures that Hurricane Sandy recovery funding is administered adequately and in the best interest of those affected by the storm.”
“According to a report by the Fair Share Housing Center, African-American and Latino families affected by the storm have been disproportionately denied relief distribution. This is problem,” said Watson Coleman. “We must ensure that all residents affected by Sandy are getting the assistance they need. This bill provides the proper oversight necessary to ensure this is done.”
The bill (A-4591) requires the State Treasurer to issue New Jersey’s Comprehensive Hurricane Sandy Recovery Funding Report. The report must address:
· the amount and manner of recovery funding receipt;
· the processes by which recovery funding is distributed;
· operating plans for recovery funding projects and administration;
· the award of state grants or contracts using recovery funding;
· analysis of whether recovery funding is achieving its objectives;
· recovery funding job creation through State administered projects;
· recommendations for enhanced efficiency, transparency, and coordination in the administration of recovery funding;
· the distribution of recovery funding by county and municipality; and
· any other information the State Treasurer deems relevant to the transparent administration of recovery funding.
The report would be due on April 1, 2014, with updated issues of the report due every ninety days thereafter until all Hurricane Sandy recovery funding has been spent and reported.
The bill would be effective immediately.
The bill was approved 80-0 by the Assembly and now heads to the Senate for further consideration.
Thursday, January 16, 2014
ASSEMBLY DEMOCRATS NEWS RELEASE
Spencer & Johnson Bill to Help Violators “Do the Time” if They Can’t “Pay the Fine” Signed into Law
Measure Gives Courts Discretion to Impose Jail Time, Labor or Community Service
for Those Who Can’t Pay Fines
(TRENTON) – Legislation sponsored by Assembly Democrats L. Grace Spencer and Gordon Johnson to help residents who are unable to pay court-imposed financial penalties by giving them credit against the penalties for time served in jail received has been signed into law.
“Giving individuals the option to work off the debt owed would be a progressive and more productive approach to justice, particularly for those with limited financial means” said Spencer (D-Essex). “In the long run it may be beneficial to the state as much as it is to the individual.”
The law (A-581) authorizes courts to credit a person in default of a court-imposed financial obligation - such as a fine, statutorily-mandated assessment, surcharge, or penalty -when that person has served jail time for the default. In doing so, the court could order credit for each day of confinement, the amount of which would be determined by the court, but would not be less than $50 for each day of confinement served.
However, the law specifies that a “court-imposed financial obligation” does not include restitution, child support, or other support or maintenance ordered by a court.
“This law gives individuals an opportunity to pay their debt to society even if they don’t have the financial means to do so,” said Johnson (D-Bergen.) “By giving the court the discretion to impose this alternative, we can help people avoid the legal entanglements associated with defaulting on a penalty.”
Additionally, the law further modifies the court’s enforcement authority concerning defaults on financial obligations that it finds were done willfully, which under existing statutes may be addressed by imposing a term of imprisonment, participation in a labor assistance program, or enforced community service. In doing so, the term a court can impose for imprisonment or labor or community service participation could not exceed one day for each $50 of the fine imposed, and the term could not exceed a period of 90 consecutive days; whereas currently it is one day for each $20 of the fine imposed.
The law also creates a similar allowance for defaults on fines, assessments, surcharges, or other financial penalties related to most motor vehicle offenses. Instead of the current requirement that imprisonment in a county jail or workhouse be imposed upon a default, this law would give the court the option to impose imprisonment or labor or community service participation.
ASSEMBLY DEMOCRATS NEWS RELEASE
Burzichelli, Benson, Riley, Moriarty & Caride Bill to Make it Easier for Consumers to Save Money on Electricity Becomes Law
(TRENTON) – Legislation sponsored by Assembly Democrats John Burzichelli, Daniel R. Benson, Celeste Riley, Paul Moriarty and Marlene Caride to make it easier for New Jersey consumers to find electric bill savings was signed into law on Monday.
The new law (A-2132) authorizes the Board of Public Utilities to promulgate regulations having electricity providers provide information so customers can compare prices and services.
“We are arming New Jersey consumers with adequate and accurate price comparison information that will enable them to make informed choices when it comes to purchasing electricity,” said Burzichelli (D-Gloucester/Salem/Cumberland). “Every dollar counts, especially these days, so we should be doing what we can to help consumers save.”
“Any electrical customer in New Jersey is eligible to shop around for an electric energy supplier, but this can become a daunting and complicated task,” said Benson (D-Mercer/Middlesex). “Making it easier for consumers to comparison shop and save money is the sensible thing to do.”
“Let’s make it easier for consumers to save money,” said Riley (D-Gloucester/Salem/Cumberland). “An easy-to-use web site detailing price comparison information can lead to immediate savings but maybe even more savings down the road by enticing competition.”
“Anything to help consumers save money is a good thing,” said Moriarty (D-Gloucester/Camden). “We know this program can work, so let’s get it done.”
“This is a proven concept that can go a long way toward saving money for consumers,” said Caride (D-Bergen/Passaic). “We should always be looking to make it easier for consumers to save money.”
The program will be modeled after Pennsylvania’s PaPowerSwitch website – www.papowerswitch.com – where Pennsylvania residents and businesses can go to find detailed information about all energy providers in the state and their rates, along with guidance as to how to evaluate energy needs and what to consider when choosing a provider.
Under the new law, the board will be able to promulgate regulations to require each electric public utility, electric power supplier, marketer, government aggregator and broker to provide adequate and accurate price comparison information.
The board can then compile that into a single, understandable database and post it on its website in a manner that enables customers to compare prices and services on a uniform basis.
The board may contract with a public or private entity for the purpose of developing, administering, and maintaining the database, but the board shall monitor the work of the entity to ensure that the database is developed, administered, and maintained pursuant to the requirements of this section.
ASSEMBLY DEMOCRATS NEWS RELEASE
Wilson, Singleton, Coughlin & Riley Bill to Pay Funeral Expenses for Public Safety Personnel Lost on the Line of Duty Now Law
(TRENTON) – Legislation sponsored by Gilbert “Whip” L. Wilson, Troy Singleton, Craig J. Coughlin and Celeste M. Riley that would make funeral payments for public safety personnel has been signed into law.
The law (A-1399) authorizes a state contribution to the funeral expenses of police officers, firefighters, first aid, ambulance and rescue squad members, and correctional officers whose lives are lost in the line of duty.
The sponsors note the intention of the law is to provide a token of public appreciation to the survivors of the brave men and women who risk their lives daily to protect the residents of the State.
“These are our first responders and heroes in times of crisis. Extending support to their families in the greatest time of need is the right thing to do to honor their dedication to our communities,” said Wilson (D-Camden, Gloucester).
“Our public safety personnel are called upon to handle some of the toughest situations we could ever imagine. It is only fitting to honor their service by easing some of the burden for their families if anything happens to them while on duty,” said Singleton (D-Burlington).
“These are individuals who place their lives on the line every day. This law extends a small token of appreciation to those who selflessly serve and protect our communities,” said Coughlin (D-Middlesex).
“We have seen them in action during Hurricane Sandy and other moments where we were in need of their skills. They are our communities’ heroes and deserve this gesture for their daily sacrifice,” said Riley (D-Cumberland, Gloucester, Salem).
Under the law’s provisions, the state treasurer is required to reimburse the actual funeral expenses of these public safety officers in an amount not to exceed $10,000. The law provides that the reimbursement would be reduced by any amount payable for funeral expenses from worker’s compensation.
News from Assemblyman Conaway
Conaway Bill to Protect Children Against
Sports-Related Eye Injuries Now Law
(TRENTON) – Legislation sponsored by Assemblyman Herb Conaway, Jr., M.D. (D-Burlington) that would require the state department of education to provide information to parents to help prevent sports-related eye injuries among children was signed into law on Monday.
The new law (A-1825) requires the Commissioner of Education to develop an educational fact sheet within 120 days of the effective date that provides information about sports-related eye injuries.
“When we think of sports-related injuries, we often think of head or knee injuries, but rarely worry about the potential risk to our eyes. However, according to the National Eye Institute, eye injuries are the leading cause of blindness in children, and most of the eye injuries among kids aged 11 to 14 occur while playing sports,” said Conaway. “This law would provide parents with important information including the types of sports-related eye injuries and the best protective eyewear to use that can help them protect their children from potentially dangerous injuries that could be irreversible.”
Under the new law, the fact sheet is to include, but not be limited to:
· a list of the most common sports-related eye injuries and the recognition of the symptoms of those injuries;
· a recommendation that children seek treatment and advice from a licensed health care professional regarding the appropriate amount of time to delay the return to sports competition or practice after sustaining an eye injury;
· a recommendation that all children participating in school sports or recreational sports wear protective eyewear;
· information concerning the purchase of appropriate protective eyewear; and
· any other information the commissioner deems appropriate.
Lastly, the law will require that each school district and nonpublic school distribute the fact sheet annually to the parents or guardians of the students.
ASSEMBLY DEMOCRATS NEWS RELEASE
Eustace, Benson, Jimenez, Green, Wimberly & Sumter Bill to Better Protect Senior Citizens during Emergencies Now Law
(TRENTON) – Legislation sponsored by Assembly Democrats Tim Eustace, Daniel R. Benson, Angelica Jimenez, Jerry Green, Benjie Wimberly and Shavonda Sumter to better protect senior citizens during extended power outages and emergencies has been signed into law.
The law (A-3625) requires age-restricted multiple dwelling owners to annually prepare and maintain emergency building operations plans.
“We saw too far many instances during Hurricane Sandy of our most vulnerable residents being left without direly needed power for a long period of time,” said Eustace (D-Bergen/Passaic). “For our seniors, this can be a matter-of-life and death, so it’s not too much to ask that building owners prepare and maintain emergency building operations plans.”
Under the law, an owner of a building comprised of more than 20 dwelling units reserved for residents of 55 years and older, will be required to maintain an emergency building operations plan in coordination with the municipal emergency management coordinator.
“Building owners have a basic responsibility to ensure quality living conditions for their tenants,” said Benson (D-Mercer/Middlesex). “That includes emergencies. We cannot have seniors go without adequate heat, water and power simply due to poor planning, a lack of it.”
“Hurricane Sandy showed many of these facilities are simply unprepared for emergencies, and that’s not acceptable, especially for vulnerable senior citizens who rely on heat, hot water and power,” said Jimenez (D-Hudson/Bergen). “Requiring planning and preparation from these building owners is quite simply the right thing to do. Our seniors deserve this consideration.”
“These building owners need to do better when it comes to emergency planning,” said Green, (D-Union/Middlesex/Somerset), the Speaker Pro Tempore. “Sandy left many of our vulnerable seniors without basic needs, and there was no excuse for it. This law will ensure the failings after Sandy do not happen again.”
“The plan will prepare the building for any possible loss of essential services, such as adequate heat, water, hot water, electricity, gas, or telephone service and any other substantial disruption to daily living that could result during an emergency,” said Wimberly (D-Passaic/Bergen). “This is all common sense.”
“A copy of the plan will be filed with the municipal emergency management coordinator, and with any public utility providing service to the multiple dwelling,” said Sumter (D-Passaic/Bergen). “These are basic steps to better protect our senior citizens.”
ASSEMBLY DEMOCRATS NEWS RELEASE
Wisniewski to Chair New Special Investigatory Committee Focused Solely on Questions Surrounding GWB Lane Closings
Committee to Have Subpoena Power & Special Counsel
(TRENTON) - New Jersey Assembly leadership on Monday announced Assemblyman John Wisniewski will lead a newly formed special investigatory committee that will have subpoena power, utilize a special counsel and focus solely on investigating questions surrounding the decision to close access lanes to the George Washington Bridge in Fort Lee.
Speaker-elect Vincent Prieto and Majority Leader Lou Greenwald said they will appoint members under Wisniewski's leadership with legal and investigatory backgrounds, along with members from the region most impacted by the September lane closings.
They also intend to supply the committee with a special counsel to help further its investigation.
"We have made great strides in finding out what actually happened here with this threat to public safety and abuse of power, but so many questions remain unanswered," said Wisniewski (D-Middlesex). "The evidence that has come out in recent weeks makes clear that this now goes above and beyond a transportation issue and goes into the highest ranks of the executive branch. A concerted and focused investigation with increased resources is now needed, and I look forward to continuing to uncover answers for the people of New Jersey with these new tools at hand. This investigation will continue with increased intensity.”
"As the evidence in the case has unfolded, it's become clear the questions that need answering here are no longer just transportation questions," said Prieto (D-Hudson/Bergen). "They are now much bigger than that, and we need a super committee led by Asm. Wisniewski armed with the resources he needs to build upon his progress and ensure all questions are answered. My intention as Speaker is to ensure a comprehensive and focused effort that leaves no stone unturned, and with what we now know, this super investigatory committee is the best way to get it done."
"The people of New Jersey deserve answers to the questions surrounding this issue, and a newly formed special investigatory committee focused only on this issue is the responsible approach," said Greenwald (D-Camden/Burlington). "Asm. Wisniewski has done outstanding work, and I am thrilled he will continue leading this effort, only now with a sole focus on getting answers to these questions and enough resources to cover all ground. The evidence that has come out in recent days takes this to a new level and requires a ramped up effort, and that's what we're prepared to do with this special investigatory committee armed with the resources it needs."
The lawmakers noted it's not unprecedented in New Jersey to boost a committee's effort with a special counsel. In 2001, the Senate Judiciary Committee used a special counsel when it investigated the state's response to racial profiling in the state police.
Tuesday, January 7, 2014
News from Assemblyman Prieto
Prieto Hails Signing of Tuition Equality Act
(HUDSON COUNTY, NJ) – Assembly Speaker-elect Vincent Prieto (D-Hudson/Bergen), one of the prime sponsors of New Jersey’s landmark tuition equality act, released the following statement on the ceremonial signing of the new law in Union City today:
“This is the beginning of a new era in New Jersey, one where every ambitious young student has a true chance at the American Dream, regardless of their background.
“I understand the struggles these students face growing up. I understand what it’s like to want to get ahead in life only to be met by constant obstacles. I understand because I was once in their shoes.
“To see this landmark law signed in the city where I grew up, and in the very school district I attended, makes it especially poignant. No student that wants a shot at a better life should be held back by decisions beyond their control.
“Today truly marks a new era for equality in New Jersey. The horizon that once seemed bound by constraints is now limitless for these young people,” said Prieto.
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