Wednesday, February 26, 2014

ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Panel Approves Democratic Measure to Strengthen New Jersey Families by Increasing Parental Involvement Singleton, Watson Coleman, Lampitt, Schaer & Wimberly Legislation Would Establish “Responsible Fatherhood Initiative” (TRENTON) – An Assembly panel on Monday approved legislation sponsored by Assembly Democrats Troy Singleton, Bonnie Watson Coleman, Pamela Lampitt, Gary Schaer and Benjie Wimberly to develop a “Responsible Fatherhood Initiative” in New Jersey geared towards strengthening the development of children throughout the state by promoting the positive involvement of both parents in their lives. “There are many different factors that might inhibit a father’s involvement in their children’s life,” said Singleton (D-Burlington). “Whether it’s a strain in the relationship with a child’s mother, somebody who never had a positive male role model in their life as a child, or simply somebody who hasn’t learned to take responsibility, the goal of this initiative is to promote positive interactions between fathers and their children and identify obstacles that impede or prevent their involvement in the lives of their children. The bill (A-945) would establish a 21-member New Jersey Council on Responsible Fatherhood in the Department of Children and Families in order to promote the participation of both parents in the lives of their children, identify needs and priorities relating to fatherhood programs in the state, and support the contributions each parent brings to the family unit. “This measure would capitalize on our existing resources to increase public awareness of how children are impacted when they’re raised without the presence of responsible fathers,” said Watson Coleman (D-Mercer/Hunterdon). “Our goal is to create strategies and initiatives to encourage the responsible participation of fathers in their children's lives to help eliminate some of the obstacles in their development.” According to the U.S. Department of Health and Human Services, about half of all children spend some part of their life apart from one or both of their parents, and most often the parent who does not live with the child is the father. The laws governing parental relationships are the responsibility of the state, but the federal government does provide funding for, among other things, responsible fatherhood grants for activities such as counseling, mentoring, marriage education, enhancing relationship skills, parenting, and fostering economic stability. “There are a number of factors that may impact a father’s ability or willingness to participate in their child’s life,” said Lampitt (D-Camden/Burlington). “For those who grew up without a positive male role model in their life, things like counseling and mentoring can make all the difference and hopefully produce happier, more well-adjusted children.” “Fatherhood is one of the greatest responsibilities a person can have and it is certainly not one to be taken lightly,” said Schaer (D-Bergen/Passaic). “Whenever fathers can be encouraged and supported to develop and maintain more meaningful relationships with their children, the outcome can only result in benefits to our society.” “This is not a responsibility that can be forced, but one that can be learned if a father is willing,” said Wimberly (D-Bergen/Passaic). “We see more and more young fathers who grew up without somebody to model this role for them. As a father of four school-aged sons with a very hectic schedule, I still find the time to be at their football, baseball, basketball, parent teacher conferences, and other activities. I believe with some help and guidance, they can mature into a positive influence in their child’s life.” To that end, the bill directs the council to apply for available grant money from the federal government, private foundations, or other sources, which may be available for programs related to responsible fatherhood and, in turn, provide grants to community-based organizations within New Jersey to establish, expand, or improve fatherhood programs The bill requires the council to: direct the development and implementation of a Responsible Fatherhood Initiative; develop a comprehensive plan that identifies the needs and priorities relating to fatherhood programs in the state and promotes the positive involvement of fathers in their children's lives; serve as an information and resource center for data and information on fatherhood programs; review the programs, policies, and initiatives of various state departments and community-based organizations that concern responsible fatherhood, and make recommendations to the departments and organizations on ways to better coordinate and improve the effectiveness of their programs, policies and initiatives. The initiative would be geared toward children whose families have or are receiving public assistance but shall not exclude any other population of children who may benefit from the programs or services offered by the initiative. The initiative shall be responsible for the development of: a public awareness campaign; an information and support network for fathers trying to foster relationships with their children; and plans to identify and promote methods that reduce the negative outcomes experienced by children affected by divorce, legal separation, and custody and visitation disputes. Finally, the bill requires the council to report to the Governor and the Legislature, annually, on the activities of the council and its findings and recommendations regarding the coordination and effectiveness of State programs, policies, and initiatives concerning responsible fatherhood. The bill was approved by the Assembly Women and Children Committee and now awaits consideration by the full Assembly.

News from Assemblyman Green

Green “Jessica Lunsford Act” to Toughen Penalties for Child Sex Abusers Advanced by Assembly Panel (TRENTON) – Legislation 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 was released Monday by an Assembly panel. 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. “The fate that these children endured is an affront to human decency. The trauma of sexual abuse does not end when the abuse stops or when the victim grows up. This type of abuse leaves wounds that follow victims into adulthood that many are unable to recover from,” said Green. “Right now, an individual who is convicted of abusing a child younger than 13 could face anywhere from 10 to 20 years in prison. This bill would upgrade the punishment to a mandatory 25 years before parole could even be considered. No one deserves this, never mind a defenseless child. A person who is capable of such an atrocious crime deserves nothing less,” added Green. The bill (A-892) would impose mandatory terms of imprisonment for individuals convicted of aggravated sexual assault against a child under the age of 13. Under the bill, the individual would be sentenced to a specific term of years fixed by the court. The term would be between 25 years and life imprisonment. The person shall serve 25 years before being eligible for parole. However, if there is a longer term of parole ineligibility provided by law, the person would be sentenced to the longer term. The bill would allow for a negotiated reduction of the mandatory term under certain circumstances. Under the bill, the prosecutor, in consideration of the interests of the victim, can offer a negotiated plea agreement in which the defendant would be sentenced to a specific term of imprisonment of not less than 15 years, during which the defendant would be ineligible for parole. The court may accept the negotiated plea agreement and impose the term of imprisonment and period of parole ineligibility as provided for in the plea agreement. The court may not impose a lesser term of imprisonment or parole or a lesser period of parole ineligibility than that expressly provided in the plea agreement. The bill requires the Attorney General to develop guidelines to ensure discretion when determining a negotiated reduction in the term of imprisonment and period of parole ineligibility. Under current law, aggravated sexual assault is a crime of the first degree, if the perpetrator commits an act of sexual penetration with a victim under the age of 13. A crime of the first degree is ordinarily punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000 or both. The bill would take effect immediately. The bill was released by the Assembly Judiciary Committee.

Friday, February 14, 2014

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Prieto & Green Introduce Bill to Ensure More Equitable Distribution of Sandy Relief Funds to Residents Still Struggling to Rebuild After Storm (TRENTON) – Assembly Speaker Vincent Prieto (D-Hudson) and Assemblyman Jerry Green (D-Middlesex/Somerset/Union) have introduced legislation to add provisions to any distribution plan of Sandy relief funds by the state to ensure a more equitable distribution of funds going forward. “It is clear from the numerous complaints from residents and communities affected by the storm that the administration’s initial distribution plan was flawed,” said Prieto. “The state cannot afford to make the same mistakes twice. This bill creates clear guidelines for the state to follow as it readies to distribute a second round of Sandy relief funds, and ensures there are no further delays in getting residents and municipalities still waiting for help the assistance they need to fully rebuild.” “The administration’s handling of the first round of funds has been lackluster and done little to nothing for many residents who had their homes severely damaged by the storm,” said Green, who chairs the Assembly Housing and Community Development Committee, where the bill was introduced. “The fact that there are residents still struggling to rebuild more than a year after the storm is a disgrace,” added Green. “Following these provisions can help avoid the same problems that plagued the first round of funds, and get these residents the help they need to finally get back on their feet.” The bill (A-2568) would require that any state action plan or amendment submitted to the United States Department of Housing and Urban Development for the proposed use of Community Development Block Grant Disaster Recovery aid for relief efforts associated with Hurricane Sandy include certain provisions to make the distribution of aid more equitable and transparent. The provisions are as follow: · Aid be distributed by county and municipality in proportion to the damage sustained within each county and municipality; · A county or municipality which did not receive aid from a prior ad distribution in such proportion, receive priority in the receipt of aid from a future aid distribution to compensate for the difference; · Aid be distributed to renters and homeowners in urban communities in proportion to the damage sustained by each category of residents in urban communities and be distributed to renters and homeowners in suburban communities in proportion to the damage sustained by each category of residents in suburban communities. These proportions would be based upon the percentage of affected renters of homeowners in urban or suburban communities, as applicable; · Aid for infrastructure only be distributed to a county or municipality if it allows and facilitates rebuilding and, if necessary, replacing homes for both renters and homeowners; · The Department of Community Affairs investigate the low participation rates and high rejection rates of applicants from African-American and Hispanic-American communities; · Aid be used to conduct outreach efforts to these underserved communities, including paid media campaigns and direct outreach to community organizations; · Additional be set aside for Spanish speaking individuals who did not receive aid from a prior aid distribution due to the state’s provision of incorrect information in Spanish; · The DCA post on its Internet website information about how aid has been and will be allocated, including information about every step in the allocation process, for all prior and future aid distributions; · The DCA establish clear and uniform procedures by which aid is applied for and granted for each aid program it administers; · The DCA post these procedures on its Internet website; · The DCA post on its Internet website and include in its application materials a complete list of all documents required to apply for aid from these programs; · These procedures include an opportunity to correct any deficiency with an application; · The DCA establish a tracking system on its Internet website, and that may also be accessed by telephone or in-person, that allows each applicant to check on the status of an application and whether any additional documentation or materials are needed for aid to be granted; · The DCA establish clear and uniform standards for the grant of aid to applicants who live or used to live, at the time of Superstorm Sandy, in a manufactured home or mobile home; · The DCA establish a clear, predictable and transparent appeals process in which applicants are given clear and specific reasons for any denial of aid or other related determinations; · The DCA establish a reasonable time frame for the appeals process; · The DCA provide applicants on a wait list for aid a statement that explains the wait list process, indicates their location on the wait list and advises how updated information regarding the wait list may be obtained; · The DCA establish clear guidelines and procedures for local contractors to obtain relief work in accordance with section 3 of the “Housing and Urban Development Act of 1968;” and · Aid be set aside to assist applicants who did not receive aid from a prior ad distribution due to the lack of clarity or transparency in the process by which aid was distributed.

ASSEMBLY DEMOCRATS NEWS RELEASE

NJ Assembly Approves Creation of Special Joint Committee on Investigations to Continue Inquiry Surrounding GWB Lane Closures Prieto, Greenwald & Wisniewski Measure Will Now Combine Efforts of Assembly & Senate to Streamline Investigation Into Allegations of Abuse of Power (TRENTON) – The New Jersey General Assembly on Monday approved a resolution creating the New Jersey Legislative Select Committee on Investigations that will combine the efforts of the Assembly and Senate to investigate questions surrounding the decision to close access lanes to the George Washington Bridge and other matters raising concerns about the abuse of government power. The measure (SCR-49/ACR-10), sponsored by Assembly Speaker Vincent Prieto, Majority Leader Louis Greenwald and Assemblyman John Wisniewski, was approved by a vote of 70-0. An identical measure, SCR-49, was also approved by the Senate today, formalizing the creation of the committee. “Based on the expert advice of our special counsel, the optimal way to proceed is to streamline the legislative investigations and make clear to everyone that we expect full cooperation and responsiveness as this inquiry proceeds,” said Prieto (D-Hudson/Bergen). “This is the best way to ensure that the people of New Jersey get the answers they need to these questions about the abuse of government power.” “The new joint legislative committee will strengthen our bipartisan effort to follow the evidence and obtain the answers the people of New Jersey deserve,” said Greenwald (D-Camden/Burlington). “With all the questions about the abuse of government power that remain, this joint committee will have the enhanced resources necessary to continue what has so far been a professional and pragmatic inquiry based on hard evidence.” The 12-member, bipartisan, bicameral committee will now be co-chaired by Wisniewski, who has led the investigation thus far as Chair of the Assembly Transportation Committee, and Senate Majority Leader Loretta Weinberg. The committee will also be comprised of Asw. Marlene Caride (D-Bergen/Passaic); Asm. Michael Patrick Carroll (R-Morris/Somerset); Sen. Nia Gill (D-Essex/Passaic); Sen. Linda Greenstein (D-Middlesex/Mercer); Assembly Majority Leader Lou Greenwald (D-Camden/Burlington); Asw. Amy Handlin (R-Monmouth); Sen. Kevin O’Toole (Bergen/Essex/Morris/Passaic); Asw. Holly Schepisi (R-Bergen/Passaic); Asw. Valerie Vainieri Huttle (D-Bergen); and Asw. Bonnie Watson Coleman (D-Mercer/Hunterdon). Former Assistant U.S. Attorney Reid Schar, of Jenner & Block LLP, who was the lead investigator and prosecutor in both corruption trials of former Illinois Gov. Rod Blagojevich, will continue to provide special legal counsel to the new joint committee. “Throughout the earlier stages of this investigation, it became clear that for every answer we uncovered, many more questions arose,” said Wisniewski (D-Middlesex). “Forming this joint committee is the best way to streamline and expedite our inquiry in order to obtain the answers we need to prevent future abuses of power. I look forward to continuing to work with Sen. Weinberg, Mr. Schar and all the members of this committee to get the answers New Jerseyans need.” Chief among the powers conferred on the committee through the resolution are the ability to: · issue subpoenas to compel attendance and testimony and the production of books, papers, correspondence, other documents and materials, and electronic records and data; · hold hearings, take testimony under oath, and receive documentary or physical evidence; · convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection; · make findings and reports to the Senate and General Assembly of any recommendations; · use its existing powers to hold individuals and organizations in contempt of the committee, and · respond to any judicial or other process, or to make application to the courts of this state, any other state, or the United States. The resolution, and the powers it authorizes, expires at noon on Tuesday, January 12, 2016, which is the end of the new legislative session that began this month.

Wednesday, February 12, 2014

ASSEMBLY DEMOCRATS NEWS RELEASE

Wimberly, Prieto, Coughlin & Garcia Bill to Promote More Rental Housing for Veterans Released by Assembly Panel (TRENTON) – Legislation Assembly Democrats Benjie Wimberly, Vincent Prieto, Craig Coughlin and Carmelo G. Garcia sponsored to promote construction of more rental housing for veterans cleared an Assembly panel on Monday. The bill (A-1384) would establish a tax credit for New Jersey housing developers who construct homes for New Jersey veterans. The legislation would provide a credit against an entity's business taxes. The sponsors noted more than 630,000 veterans live in New Jersey, and more than 500,000 of these personnel are civilian veterans. “Repeated and extended deployments in the conflicts in Iraq and Afghanistan have made it especially difficult for military personnel to find housing suited to their unique situations,” said Wimberly (D-Passaic/Bergen). “Veterans have served our country in times of war and peace, sharing a common belief in a cause higher than self. It’s time we did something to help them with this basic need.” “Veterans are invaluable members of communities across New Jersey, and their experience serving their country has endowed them with unique and valuable experience,” said Speaker Prieto (D-Hudson/Bergen). “The state and the nation owe much to those who have chosen to serve in the Armed Forces. Let’s be there for them when they need a helping hand.” “It is essential to encourage the development of stable, decent housing for New Jersey's veterans,” said Coughlin (D-Middlesex). “They served bravely to protect us, and we must in turn do the right thing for them. This is the right thing to do.” “Our military returning home face many challenges as they readjust to civilian life,” said Garcia (D-Hudson). “Finding a place to live should not be one of them. Let us help our veterans make a home in New Jersey and become acclimated to society again by giving them the support they need and deserve to make it happen.” The bill permits a developer to receive a non-refundable credit against New Jersey business taxes. The credit amount is calculated based on the developer's expenditures to create rental housing restricted to occupancy by veterans. The bill provides that expenditures for a wide array of construction and real estate development activities are "allowable costs" that qualify for a credit. The credit amount may be up to 10 percent of the developer's allowable costs for developing veterans' housing. To receive a credit, the developer must submit both a project plan and an application to the Department of Community Affairs. The Department of Community Affairs will issue a certificate of eligibility, which the developer will file with the developer's tax return to obtain the credit. The Commissioner of the Department of Community Affairs will develop regulations to administer the credit program in conjunction with the Division of Taxation and the Department of Military and Veteran's Affairs. The bill was released by the Assembly Military and Veterans’ Affairs Committee.

ASSEMBLY DEMOCRATS NEWS RELEASE

Wimberly, Prieto, Coughlin & Garcia Bill to Promote More Rental Housing for Veterans Released by Assembly Panel (TRENTON) – Legislation Assembly Democrats Benjie Wimberly, Vincent Prieto, Craig Coughlin and Carmelo G. Garcia sponsored to promote construction of more rental housing for veterans cleared an Assembly panel on Monday. The bill (A-1384) would establish a tax credit for New Jersey housing developers who construct homes for New Jersey veterans. The legislation would provide a credit against an entity's business taxes. The sponsors noted more than 630,000 veterans live in New Jersey, and more than 500,000 of these personnel are civilian veterans. “Repeated and extended deployments in the conflicts in Iraq and Afghanistan have made it especially difficult for military personnel to find housing suited to their unique situations,” said Wimberly (D-Passaic/Bergen). “Veterans have served our country in times of war and peace, sharing a common belief in a cause higher than self. It’s time we did something to help them with this basic need.” “Veterans are invaluable members of communities across New Jersey, and their experience serving their country has endowed them with unique and valuable experience,” said Speaker Prieto (D-Hudson/Bergen). “The state and the nation owe much to those who have chosen to serve in the Armed Forces. Let’s be there for them when they need a helping hand.” “It is essential to encourage the development of stable, decent housing for New Jersey's veterans,” said Coughlin (D-Middlesex). “They served bravely to protect us, and we must in turn do the right thing for them. This is the right thing to do.” “Our military returning home face many challenges as they readjust to civilian life,” said Garcia (D-Hudson). “Finding a place to live should not be one of them. Let us help our veterans make a home in New Jersey and become acclimated to society again by giving them the support they need and deserve to make it happen.” The bill permits a developer to receive a non-refundable credit against New Jersey business taxes. The credit amount is calculated based on the developer's expenditures to create rental housing restricted to occupancy by veterans. The bill provides that expenditures for a wide array of construction and real estate development activities are "allowable costs" that qualify for a credit. The credit amount may be up to 10 percent of the developer's allowable costs for developing veterans' housing. To receive a credit, the developer must submit both a project plan and an application to the Department of Community Affairs. The Department of Community Affairs will issue a certificate of eligibility, which the developer will file with the developer's tax return to obtain the credit. The Commissioner of the Department of Community Affairs will develop regulations to administer the credit program in conjunction with the Division of Taxation and the Department of Military and Veteran's Affairs. The bill was released by the Assembly Military and Veterans’ Affairs Committee.

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Democrat Bill to Reimburse College Application Fees to Veterans and Armed Forces Members Advanced by Assembly Panel Greenwald, Tucker, Johnson, Benson, DeAngelo & Wilson Measure Also Includes Reimbursement of Transcript Fees (TRENTON) – Legislation sponsored by Assembly Majority Leader Lou Greenwald, and Assembly Democrats Cleopatra G. Tucker, Gordon M. Johnson, Daniel J. Benson, Wayne P. DeAngelo, Gilbert “Whip” L. Wilson to encourage veterans and members of the Armed forces to pursue higher education goals was advanced Monday by an Assembly panel. “These are real-life heroes who too often come home to face financial troubles despite their great sacrifice to our nation,” said Greenwald (D-Camden/Burlington). “A college education is the gateway to a better future, so this simple step is the right thing to do for our veterans and members of the Armed Forces. “Our military deserve every break we can give them for their enduring service to our country,” said Tucker (D-Essex). “An opportunity to further their education will help them to continue making invaluable contributions to our country.” “Our veterans and military are the pride of our nation,” said Johnson ( D-Bergen) “These men and women have defended our freedom with bravery and courage. So let’s do what we can to help them achieve their education goals.” The bill (A-2019) requires a public institution of higher education in the state to waive or reimburse application and transcript fees for each veteran, member of the Armed Forces of the United States or member of the New Jersey National Guard who resides in New Jersey and accepts admission to the institution. "Our military places their lives on the line so that each of us may have the privilege to live as we choose," said Benson (D-Mercer/Middlesex). "We now have an opportunity to show our gratitude by relieving some of the financial burden that comes with pursuing a higher education." “For their sacrifice and dedication, our military deserves any advantage we can provide to encourage their education endeavors,” said DeAngelo (D-Mercer/Middlesex). “A simple yet meaningful action, this bill would extend a well-earned courtesy to our most honorable New Jersey citizens.” “Higher education costs can add up before an individual even starts class,” said Wilson (D-Camden/Gloucester). “For military families, the costs of college are especially burdensome. This legislation can relieve some of the smaller initial college expenses and extend another ‘thank you for your service.’” The bill was released by the Assembly Military and Veterans’ Affairs Committee chaired by Tucker.

ASSEMBLY DEMOCRATS NEWS RELEASE

Coughlin, Eustace, Quijano, Vainieri Huttle & Giblin Measure to Increase Fairness in Tenant/Landlord Disputes Now Law (TRENTON) – Legislation sponsored by Assembly Democrats Craig Coughlin, Timothy Eustace, Annette Quijano, Valerie Vainieri Huttle and Thomas Giblin to require residential landlords to pay attorney fees for tenants who are successful in a legal action between the two parties has been signed into law. The sponsors noted that the law aims to help discourage landlords from initiating unfounded eviction cases against a tenant and increase the fairness in landlord-tenant proceedings when the landlord carries the same right to recovery of attorney fees through the lease. “In contract agreements between a landlord and tenant, there must be legal fairness for both parties,” said Coughlin (D-Middlesex). “Either party can be exposed to fraudulent claims by the other party. This law will institute equal protection for both tenants and landlords in lease agreements,” said Eustace (D-Bergen, Passaic). Currently, landlords often provide in lease agreements that the tenant will be responsible for the landlord’s attorney fees if the landlord is successful in a legal action involving the tenant. The new law (A-3851) will give the courts discretion on reading into the lease an additional requirement for the landlord to pay the tenant’s legal fees if the tenant is the successful party. “The legislation intends to deter false claims sometimes made by the parties involved by sharing the reimbursement terms in lease agreements,” said Quijano (D-Union). The law also provides that six months after enactment any new lease agreement containing a requirement for the tenant to pay the attorney fees of a successful landlord would also be obligated to contain language clearly indicating a requirement for the landlord to pay the attorney fees of a successful tenant. “This is a common sense action to increase protection for New Jersey’s residential tenants,” said Vainieri Huttle (D-Bergen). “This law will insert much-deserved fairness into decades of unfair practice,” said Giblin (D-Essex, Passaic).

NEW JERSEY LEGISLATIVE DEMOCRATS

Wisniewski & Weinberg Statement on First Meeting of NJ Legislative Select Committee on Investigation (TRENTON) – New Jersey Legislative Select Committee on Investigation Co-Chairs Assemblyman John Wisniewski (D-Middlesex) and Senate Majority Leader Loretta Weinberg (D-Bergen) released the following statement Monday after the committee held its first meeting: "Today's votes to create the committee and adopt the resolution outlining its operations are a key step forward toward learning what happened with this threat to public safety and abuse of government power. “We thank legislative leadership for bringing everyone together and look forward to bipartisan cooperation moving forward. "As a matter of technical procedure, the same 20 subpoenas previously issued by the Assembly committee will be reissued by this new committee with an unchanged return date of Feb. 3. No other action is being taken by the committee at this time."

Monday, February 10, 2014

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Panel Advances Green, Riley Bill to Clarify Law Concerning Homeowners’ Associations in Planned Real Estate Developments (TRENTON) – Legislation sponsored by Assembly Democrats Jerry Green and Celeste Riley to modify regulations regarding planned real estate developments and the homeowners associations cleared the Assembly Housing Committee on Thursday. The sponsors cited recent court decisions in sponsoring the legislation this session which indicated a need for clarification and adjustment to the laws in this area. “Access to meetings, records and information on ownership is the right of every homeowner in these communities,” said Green (D-Middlesex, Somerset, Union). “This bill would help to ensure homeowners remain clear on their investment and have a seat at the table when decisions are made for their communities.” “Homeowner associations are important to protecting a homeowner’s investment,” said Riley (D-Cumberland, Gloucester, Salem). “A few changes to current law would help homeowners stay informed and codify their right to have a say in the planning and governing of their communities.” The legislation (A-469) makes several modifications to the laws of the State which regulate planned real estate developments and the homeowners’ associations formed to manage the commonly-owned property in such communities. The bill would prohibit the mere titling of common property in the name of the association to be construed as diminishing the ownership interests of unit owners in the common or shared elements and facilities of a planned community and require that the common property ownership interest be equal proportionately to the obligation of each unit owner to pay for the maintenance of the common property, and that the sum of the common property interests in the community is not to exceed 100% or one, if computed fractionally. The bill also would requires that membership in the homeowners’ association is inherent for a purchaser of a home in such a planned community. Under the bill’s provisions’ standards are set for homeowners’ associations concerning access to records and elections of members to the governing board of an association; eliminates closed-meeting working sessions of an association's governing board to reflect the similar law currently applicable to public governing bodies; and provides for a recall procedure which will authorize the removal of elected governing board members. The bill would direct the Commissioner of Community Affairs, which provides oversight to the associations, to distribute guidelines on the election procedures and to promulgate, within 60 days or so, any rules or regulations that may be necessary to effectuate the provisions. The bill now heads to the Assembly Speaker for further consideration.

News from Assemblywoman Riley

Riley Hopeful Ensuring College Readiness is a Shared Priority (TRENTON) – Assemblywoman Celeste Riley (D-Gloucester/Salem/Cumberland) released the following statement Thursday after the committee heard testimony on the readiness of students to enroll in institutions of higher education and assessing the programs designed to prepare those students for success in college: “I’m pleased after today’s hearing that everyone seems to be on the same page in realizing college readiness in New Jersey is a problem that must be addressed. “Our colleges should not be forced to teach students subject matter that should have been learned in high school, or even have to reinforce those subjects at the college level. Colleges should open new doors and worlds of learning to our students. “Time spent reinforcing what students should have already learned is time lost on new advancements. “I’m hopeful New Jersey is headed in the right direction, and look forward to working with the administration and college officials as we move forward, perhaps with legislative remedies or cooperative curriculum changes. We have a lot more work to do if we’re to ensure our students will enter today’s job market fully ready to go.”

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Caputo, Prieto, Tucker, Eustace & Wimberly Bill to Ward-Off Blight on Foreclosed Homes Released by Assembly Panel Measure Would Require Mortgage Lenders to Maintain Foreclosed Homes (TRENTON) – Legislation Assembly Democrats Ralph Caputo, Vincent Prieto, Cleopatra Tucker, Tim Eustace and Benjie Wimberly sponsored to allow municipalities to require mortgage lenders to maintain vacant homes during foreclosure proceedings was advanced Thursday by an Assembly panel. The bill would help municipalities prevent residential properties that have gone through foreclosure from deteriorating and promoting neighborhood blight. “The ongoing foreclosure crisis has caused vacant residential properties to crop-up in communities across the state,” said Caputo (D-Essex). “Homes have been abandoned everywhere from urban to rural and suburban communities across New Jersey. We must do all we can to ensure New Jersey neighborhoods continue to be vibrant and thriving communities as we work our way through this crisis.” This bill (A-347) allows a municipality to require a creditor who initiates a foreclosure proceeding against a residential property located in the municipality to maintain the property in accordance with state and local housing codes if the property becomes vacant during the foreclosure proceeding. “We have a responsibility to help our communities that have been crippled by the mortgage crisis by requiring mortgage companies to be responsible and support the quality of life our residents deserve,” said Prieto (D-Hudson/Bergen). “The foreclosure crisis has hit many communities hard, but we must make sure the problem isn’t exacerbated by vacant homes that begin to deteriorate and drag down entire neighborhoods,” said Tucker (D-Essex). “The foreclose crisis is real and it’s hit our homeowners hard, but also our neighborhoods, so requiring mortgage lenders to do the right thing and maintain these properties is common sense and good for everyone,” said Eustace (D-Bergen/Passaic). “A vacant home that is unkempt is an eyesore to the entire neighborhood, but if mortgage lenders are controlling a property then clearly they should be held responsible for maintaining it for the betterment of everyone,” said Wimberly (D-Passaic/Bergen). The bill requires a creditor that serves a notice of intention to foreclose on a mortgage on residential property in this state to serve the public officer or municipal clerk of the municipality in which the property is located, with a copy of the notice at the same time that the creditor serves the notice on the owner of the property. The creditor shall include the full name and contact information of a person located within the State who is authorized to accept service on behalf of the creditor with the copy of the notice served on the public officer or municipal clerk. The bill also provides that if the residential property becomes vacant at any time after the creditor files the notice of intention to foreclose, but prior to vesting of title in any third party, and the municipality determines that the property is in violation of any applicable state or local housing code, the municipality may provide the creditor with notice of the violation, and may require the creditor to correct the violation. Further, the bill requires municipalities to include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the municipality may impose penalties allowed for the violation of municipal ordinances. The measure was approved by the Assembly Housing and Community Development Committee.

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Mainor & Johnson “Marc Anthony’s Law” Bill to Protect Police Officers Approved by Assembly Panel (TRENTON) – Legislation sponsored by Assembly Democrats Charles Mainor and Gordon Johnson to make the use of a defaced or stolen firearm to injure a police officer a crime, and toughen the penalties for defacing a firearm was approved Thursday by an Assembly committee. The bill, designated Marc Anthony’s Law, is named after Jersey City Police Detective Marc Anthony DiNardo who died from injuries sustained during a shootout with suspected robbers in 2009. The bill was released by the Assembly Law and Public Safety Committee. “Police officers like Dt. DiNardo put their lives on the line every day to protect others,” said Mainor (D-Hudson), who chairs the committee. “Police work is inherently risky. This bill hopes to reduce that risk and prevent officers from becoming targets by criminalizing the use of these firearms to harm police officers, and enhancing the penalties for defacing or possessing a defaced firearm.” “Law enforcement officers ensure public safety by essentially putting their own at risk,” said Johnson (D-Bergen). “Yes, it is part of the job, but it is a job that not everyone can or is willing to do. We should extend every possible protection to our law enforcement officers who face danger on a routine basis. Not just for the officers, but the families they leave behind when tragedy strikes.” The bill (A-823) would make it a first degree crime to use a defaced or stolen firearm to cause serious bodily injury to a law enforcement officer, and a second degree crime to use a defaced or stolen firearm to cause bodily injury to a law enforcement officer. The bill also increases the penalties for defacing a firearm and for acquiring or possessing a defaced firearm. Under the bill, the penalty for defacing a firearm is upgraded from a third degree crime to a second degree crime, which is punishable for a term of imprisonment between five and 10 years; a fine of up to $150,000; or both. The penalty for acquiring or possessing a defaced firearm is upgraded from a crime of the fourth degree to a crime of the third degree, which is punishable for a term of imprisonment between three and five years; a fine of up to $15,000; or both.

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Moriarty, Mainor, Fuentes, Mosquera & Lampitt Bill to Equip All New Police Cars in New Jersey with Cameras Released by Assembly Panel Bill Stems from Lawmaker’s Personal Experience & Would Provide Protection to Residents & Police Officers Alike; Was Reintroduced After Governor’s Pocket Veto Allowed It To Expire (TRENTON) – Legislation sponsored by Assembly Democrats Paul D. Moriarty, Charles Mainor, Angel Fuentes, Gabriela Mosquera and Pamela Lampitt that would eventually equip all police cars in New Jersey with cameras was released Thursday by an Assembly committee. The bill (A-2280) comes after Moriarty’s own personal experience. The bill was first introduced and approved by both houses in the last legislative session, but it was pocket vetoed by the governor. The governor offered no explanation as to why he chose to take no action on the bill. 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 and lying to support his claims. “Without the dashboard camera, it would have been my word against the officer's,” said Moriarty. “The video provided definite proof of what transpired and who was telling the truth. This was an experience that no law abiding resident should have to go through.” “I was lucky the police car was equipped with a camera, but I realize not everyone will be as fortunate,” added Moriarty. “A visual record of a traffic stop not only helps protect residents against a potential injustice, it provides police with the best evidence to use in court. It’s a win-win.” 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. The bill also increases the surcharge imposed on persons convicted of driving while intoxicated. Under the bill, the additional surcharge would be payable to the municipality where the summons was issued for the cost of equipping police vehicles with cameras. “With so much technology available, it almost seems antiquated not to equip police cars with cameras,” said Mainor (D-Hudson). “Having a visual recording of traffic stops protects both law enforcement and motorists against false claims that can have serious repercussions.” “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.” “Our goal must be to ensure fair and impartial enforcement of the law. Preventing mistakes and unfair accusations – whether they come from citizens or unscrupulous officers – is key to ensuring fair enforcement of our laws,” said Lampitt (D-Camden/Burlington). “These cameras can provide impartial proof against the false accusations of an individual with an axe to grind.” “It is tough to lie about a sequence of events when it is all captured on video,” said Mosquera (D-Gloucester/Camden). “Installing these cameras on police cars can protect motorists and police officers against false allegations, and would not cost the taxpayers any money.” The bill was released by the Assembly Law and Public Safety Committee.

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Green, Riley Bill to Clarify Law Concerning Homeowners’ Associations in Planned Developments (TRENTON) – Legislation sponsored by Assembly Democrats Jerry Green and Celeste Riley to modify regulations regarding planned real estate developments and the homeowners associations cleared the Assembly Housing Committee on Thursday. The sponsors cited recent court decisions in sponsoring the legislation this session which indicated a need for clarification and adjustment to the laws in this area. “Access to meetings, records and information on ownership is the right of every homeowner in these communities,” said Green (D-Middlesex, Somerset, Union). “This bill would help to ensure homeowners remain clear on their investment and have a seat at the table when decisions are made for their communities.” “Homeowner associations are important to protecting a homeowner’s investment,” said Riley (D-Cumberland, Gloucester, Salem). “A few changes to current law would help homeowners stay informed and codify their right to have a say in the planning and governing of their communities.” The legislation (A-469) makes several modifications to the laws of the State which regulate planned real estate developments and the homeowners’ associations formed to manage the commonly-owned property in such communities. The bill would prohibit the mere titling of common property in the name of the association to be construed as diminishing the ownership interests of unit owners in the common or shared elements and facilities of a planned community and require that the common property ownership interest be equal proportionately to the obligation of each unit owner to pay for the maintenance of the common property, and that the sum of the common property interests in the community is not to exceed 100% or one, if computed fractionally. The bill also would requires that membership in the homeowners’ association is inherent for a purchaser of a home in such a planned community. Under the bill’s provisions’ standards are set for homeowners’ associations concerning access to records and elections of members to the governing board of an association; eliminates closed-meeting working sessions of an association's governing board to reflect the similar law currently applicable to public governing bodies; and provides for a recall procedure which will authorize the removal of elected governing board members. The bill would direct the Commissioner of Community Affairs, which provides oversight to the associations, to distribute guidelines on the election procedures and to promulgate, within 60 days or so, any rules or regulations that may be necessary to effectuate the provisions. The bill now heads to the Assembly Speaker for further consideration.

Tuesday, February 4, 2014

News from Assemblyman Green

Green Announces New Members of Assembly Housing & Community Development Committee (TRENTON) – Speaker Pro Tempore and Assembly Housing and Community Development Chair Jerry Green (D-Middlesex/Somerset/Union) today announced the new members of the Assembly Housing and Community Development Committee for the 2014-2015 legislative session. “I am honored to once again chair this committee, and I look forward to working with the new members on smart and sensible policies to benefit our residents,” said Green. “Adequate housing and community development make communities stronger. These are all qualified individuals who I am certain will meet the responsibilities of this committee and help move it in the right direction.” The committee members are as follows: Assemblywoman Mila Jasey (D-Essex/Morris), who is committee vice-chair, Assemblyman Angel Fuentes (D-Camden/Gloucester), Assemblyman Jason O’Donnell (D-Hudson), Assemblyman Robert Clifton (R-Burlington/Middlesex/Monmouth/Ocean) and Assemblywoman Maria Rodriguez-Gregg (R-Atlantic/Burlington/Camden). The Housing and Community Development Committee is responsible for reviewing legislation dealing with municipalities, counties, local finance, local public contracts, property taxes, local authorities, housing, land use, zoning and planning.