Wednesday, June 18, 2014

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Coughlin & Eustace Bill to Allow Ads on State Web Sites To Help Ease Taxpayer Burden Approved by Assembly (TRENTON) – Legislation Assembly Democrats Craig Coughlin and Timothy Eustace sponsored to allow some state agencies to sell Internet advertisements on their websites to test whether they can help ease taxpayer burdens was unanimously approved Monday by the Assembly. "The purpose of the bill is common sense - to provide new sources of revenue for the state, particularly for state agencies that maintain high-traffic web pages," said Coughlin (D-Middlesex). "This is 2014. Consumers are used to seeing advertisements on websites, so we're not breaking new ground here. In fact, if anything, New Jersey government is behind the times when it comes to not generating revenue from its web sites. The bottom line is this - anything we can do to ease the burden on taxpayers is the right thing to do." The bill (A-804) authorizes the Economic Development Authority, NJ Transit and the New Jersey Lottery to establish a two-year pilot program to sell Internet advertisements for display on the agency’s websites. Revenue generated by the ads would be deposited into the state budget by agencies for which expenditures are authorized through the annual appropriations act. For agencies not provided for through the annual appropriations act, the agency would remit to the state treasurer such revenue generated from the sale of Internet advertisements as remains after deductions by the entity for the incremental cost of offering Internet advertisements and of an additional 10 percent of such revenue for the purpose of innovation in operations, programs or services. Each agency would have to develop policy, style and content guidelines for website advertisements that ensure that the subject matter of the advertisement directly relates to the agency’s business mission and purpose. Moreover, each agency’s website would be required to include a disclaimer stating that the advertisements do not imply endorsement by the state. We can do this in a careful and thoughtful way." The bill would also require that each agency submit a report to the governor and the Legislature evaluating the effectiveness of the program, including a summary of expenditures and revenues, together with recommendations concerning whether to continue the program. "Let's see if it works," said Eustace (D-Bergen/Passaic). "Even if it's not a large windfall, every dollar counts when it comes to finding savings for the taxpayers. This is a sensible concept that could prove beneficial to taxpayers, with no downside besides a few ads on a website, which we're all used to seeing at this point. This makes sound fiscal sense." The sponsors noted other governments had success with such programs. The Massachusetts Bay Transit Authority noted informally that the gross revenue produced on MBTA.com for the June 1, 2011 to May 31, 2012 fiscal year was $84,000 and that monthly earnings range from $4,000 to $9,000. The MBTA received 76 percent of gross revenue, or approximately $56,000, and the private company managing the advertising received 24 percent of the gross revenue, or approximately $28,000. A representative from Oregon Travel Experience, a semi-independent state agency that partners with local businesses for highway signs for gas, food, lodging, camping and attractions, noted informally that approximately 150 advertisements were purchased by their business customers and linked through the Oregon Department of Transportation (ODOT) website for Trip Check, tripcheck.com. Trip Check is ODOT’s traffic and travel website. Gross revenue for online advertising for fiscal year July 1, 2011 to June 30, 2012 was approximately $25,000. Twenty-five percent of the annual revenue, or approximately $6,250, was provided to the ODOT and approximately $600 per year is paid to a contractor as an annual fee for the maintenance of a segment of the website. The bill will now be referred to the Senate for consideration. On The Net:

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Cryan, Wimberly & Garcia Bill to Expand Union County Anti-Gang Program Statewide Approved by Assembly Bill Would Boost Christopher’s Program Throughout New Jersey; Program Named After Young Man Tortured and Killed by Gang Members (TRENTON) – Legislation Assembly Democrats Joe Cryan, Benjie Wimberly and Carmelo Garcia sponsored to allow judges sentencing a delinquent juvenile to include the option of ordering participation in instruction in preventing gang and youth violence was unanimously approved Monday by the Assembly. The bill (A-2692) would emulate Union County’s Christopher’s Program, which is a cooperative effort between the Superior Court, the Union County Probation Department and the Union County Human Services Department. “This program works, so let’s expand it statewide to save taxpayer’s money, but most importantly, save lives,” said Cryan (D-Union). “We can either keep tossing young people into jail without guidance, or we can take sensible steps to rebuild lives and provide better futures. This is a smart idea, both fiscally and socially.” “Under the program, juveniles receive interactive instruction in gang and youth violence prevention and in ways to avoid gang involvement,” said Wimberly (D-Passaic/Bergen). “Speakers with particular education, training, or expertise in gangs and youth violence prevention are scheduled during six-week sessions. These speakers are chosen by the probation department and are approved by the governing body.” “Juveniles are eligible for participation in Christopher’s Program if they are between 13 and 17 years old, have a history of gang involvement or are assessed as being at risk of gang involvement by the court and are sentenced to the county juvenile detention center, probation, or home confinement,” said Garcia (D-Hudson). “Under Christopher’s Program, eligible juveniles are required to complete at least 12 hours of class time during a consecutive six-week session.” This bill, as well Christopher’s Program, is named in honor of Christopher Booker, who was brutally tortured by gang members and left to die alone in a vacant field in Newark. The bill will now be referred to the Senate. On The Net:

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Green Lights Schaer, Jimenez & Wimberly Bill to Ensure Critical Health Facilities Get Power Back Quickly in an Emergency (TRENTON) – Legislation sponsored by Assembly Democrats Gary S. Schaer, Angelica Jimenez and Benjie Wimberly to help ensure hospitals and other critical healthcare facilities get power back as soon as possible during an emergency was approved 78-0 by the full Assembly panel on Monday. “If any good came out of Hurricane Sandy, it was the lessons we learned in the aftermath as we attempted to resume a sense of normalcy throughout our state,” said Schaer (D-Bergen/Passaic). “While hospitals are equipped with back-up generators, they can only last so long, making it imperative that we place a priority on getting these critical facilities back up and running as quickly as possible.” Specifically, the bill (A-1071) would require the Board of Public Utilities to adopt rules and regulations requiring electric public utility companies to give hospitals, assisted living facilities, nursing homes, chronic or acute renal dialysis facilities and research laboratories or institutes that store human blood or human DNA priority consideration for power restoration after an extended outage following a major event. The bill does, however, note that power restoration efforts to any of these facilities shall not divert efforts to restore power where needed to otherwise maintain overall public safety. “Hospitals, assisted living facilities and nursing homes should be a priority for power restoration. With the proper foresight and planning before the next emergency, we can make this possible while still protecting the general safety of the public,” said Jimenez (D- Bergen/Hudson). “Facilities that house the critically ill and those with sensitive health needs must be made a priority during prolonged power outages,” said Wimberly (D-Bergen/Passaic). “Someone who relies on oxygen support or blood transfusions or dialysis, simply cannot go days without power. It’s as simple as that.” The bill requires the board to allow a utility to exercise its discretion to prioritize power restoration to any of the above facilities after an extended power outage in accordance with the facilities’ needs and with the characteristics of the geographic area in which power shall be restored. The measure now heads to the Senate for consideration. On The Net:

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Panel Clears Stender & Lampitt Bill to Inform New Parents on Crib Safety (TRENTON) – Legislation sponsored by Assembly Democrats Linda Stender and Pamela Lampitt to require hospitals and birthing facilities to provide new parents information about crib safety recently advanced in the Assembly. As of June 28, 2011, all cribs manufactured and sold (including resale) must comply with new federal safety standards. In light of several highly publicized incidents involving drop-side cribs, the U.S. Consumer Product Safety Commission (CPSC) published new rules that: prohibit the sale of drop-side cribs; require that a crib's slats, mattress supports, and hardware be more durable in their construction; and require manufacturers to submit cribs to more rigorous testing to show compliance with the new safety standards. “Many new parents may have the idea that a crib is a crib and that any crib will do,” said Stender. “This is just not the case. Our legislation allows us to take advantage of an opportunity to educate new parents on crib safety. Providing this information underscores the importance of purchasing the right crib for your baby.” “The numerous crib recalls, re-sales and incidents which have occurred in recent years warrant legislative action,” said Lampitt. “We must do more to educate new parents on safety. It will save our most precious of lives, newborn babies.” The bill (A-1355) mandates that the Department of Health and Senior Services (DHSS) compile and make available to each hospital and birthing facility in the State informational literature on crib safety, including, but not limited to, information about product recalls, federal standards on the manufacture and sale of cribs, and information from the CPSC on how to keep babies safe in cribs, bassinets, and play yards. "Birthing facility" is defined in the bill as an inpatient or ambulatory health care facility licensed by the DHSS that provides birthing and newborn care services. DHSS would require each hospital and birthing facility to provide parents with the informational literature which would be distributed to each parent present during the infant's birth, by staff designated by the hospital or birthing facility, prior to the mother's discharge, as part of the facility's discharge procedures. The American Academy of Pediatrics (AAP) website explains that many infants die during sleep from unsafe sleep environments. Some of these deaths are from entrapment, suffocation, and strangulation. Some infants die from sudden infant death syndrome (SIDS). For more information on crib safety visit the AAP website HealthyChildren.org. The measure was released by the Assembly Women and Children Committee. On The Net:

NJ ASSEMBLY DEMOCRATS NEWS RELEASE

Assembly Passes Diegnan & Pinkin Bill to Allow Retired Athletic Instructors to Stay On as Coaches (TRENTON) – The full Assembly advanced on Monday legislation sponsored by Assembly Democrats Patrick Diegnan and Nancy Pinkin (both D-Middlesex) that would give retired athletic coaches the opportunity to continue to work in a school district supporting student athletics under compensation restrictions while not negatively impacting the pension fund system. The legislation was prompted by a Metuchen resident, Ken Graf, a teacher and boys’ soccer coach in the Metuchen Public School District for 42 years. Graf hoped to coach the soccer team at Metuchen High this fall; however, under the present rules, he would not be able to continue to coach until after 180 days has passed within a school year or he would lose his pension. This rule would force Graf to miss the Bulldogs 40th soccer season. The sponsors note the intent of the legislation is to develop a reasonable solution to retain talented and devoted coaches for student athletic programs without perpetuating abuse of the pension fund system. The current rule would allow a coach seeking to retire and begin coaching a spring sport the opportunity to do so while fall sport coaches are harmed by the unintended consequences of the original legislation. “A coach with years of experience and dedication as an athletic instructor and teacher is invaluable resource,” Diegnan said. “In Mr. Graf, we have a coach who is willing to return or continue to work in this field. He should be welcomed back. He’s not the only coach out there in this predicament. This is an opportunity to keep outstanding coaches involved in school sports and allow our children to continue to benefit from their expertise.” This bill (A-3346) will allow a retired member of the Teachers, Pension and Annuity Fund (TPAF) to become employed again with the former employer in a position as coach of an athletic activity if the employment begins after the retirement allowance becomes due and payable; the retired member had attained service retirement age as of the date of retirement, which for most current members of the TPAF is age 60; and the compensations for the employment is less than $10,000 per year. "Metuchen High School was very fortunate to have a devoted educator like Mr. Graf in their district," said Pinkin. "Before retirement, he showed his commitment to teaching, as well as provided a healthy environment for his students on the soccer field. It is my hope that this bill will allow teachers who have retired, to continue to working with student athletes, like Mr. Graf." Current regulations of the TPAF require a “bona fide” severance from employment before a retiree can return to any employment with the former employer. A “bona fide” severance from employment means a complete termination of the employee’s employment relationship with the employer for a period of at least 180 days. These regulations were promulgated to maintain the qualified status of the retirement system under federal law. The bill modifies the conditions for a TPAF retiree returning to work as a coach of an athletics activity in a school district, and recognizes that it would be available only if that qualified status can be maintained. The Assembly passed the measure 71-7-0. On The Net:

Tuesday, June 10, 2014

ASSEMBLY DEMOCRATS NEWS RELEASE

Prieto, Benson, Wimberly & Moriarty Bill Targeting Creditors Who Fail to Keep Up Vacant Homes Advances in Assembly (TRENTON) – Legislation sponsored by Assembly Speaker Vincent Prieto, Assemblyman Daniel R. Benson, Assemblyman Benjie E. Wimberly and Assemblyman Paul D. Moriarty that would empower municipalities to take action against creditors who fail to maintain vacant properties that are slated for foreclosure was released by an Assembly panel on Thursday. The bill (A-1257) gives municipal officials the authority to issue citations and impose fines to ensure that creditors fulfill their responsibility to maintain unoccupied residential properties on which a summons and complaint in an action to foreclose has been filed. “Vacant properties are neighborhood eyesores that attract pests and criminal activity and drag down property values,” said Prieto (D-Bergen/Hudson). “This bill enables municipalities to take action against creditors who create nuisance situations for neighborhoods and municipalities by failing to maintain vacant properties that are set for foreclosure.” “It’s simply unfair that individuals who put in the time and effort to maintain their properties suffer because the owners of surrounding vacant properties don’t make a similar investment,” said Benson (D-Mercer/Middlesex). “Diligent property owners deserve the defense against the negligence of others that this legislation provides.” “Aside from just being unsightly, abandoned houses and vacant lots bring down the quality of life in a community,” said Wimberly (D-Bergen/Passaic). “This bill will help ensure the safety, beauty and overall value of New Jersey neighborhoods.” “Vacant properties are often associated with increases in crime and decreases in home values,” said Moriarty (D-Camden/Gloucester). “This legislation is an important step in our collective effort to revitalize communities across the state.” The provisions of the bill state that creditors found to be in violation of any ordinance, rule or regulation adopted pursuant to the bill would be subject to a minimum fine of $1,500 for each day of the violation. At least 20 percent of any money collected would have to be used for code enforcement purposes. The legislation also requires out-of-state creditors foreclosing on a residential property to designate an in-state person or entity responsible for maintenance of the property. The bill was released by the Assembly Housing and Community Development Committee. On The Net:

ASSEMBLY DEMOCRATS NEWS RELEASE

Singleton, Prieto, Burzichelli & Schaer Bill to Require State Debt Report Include Affordability Analysis Advances in the Senate (TRENTON) – Assembly approved legislation sponsored by Assemblyman Troy Singleton, Assembly Speaker Vincent Prieto and Assemblymen John Burzichelli and Gary Schaer to require the State Debt Report include an affordability analysis cleared the Senate budget Committee on Thursday. “The recent reports about our mounting state debt are disconcerting to say the least,” said Singleton (D-Burlington). “Fiscal responsibility can’t be achieved blindly. We need a comprehensive and precise forecast on what we can and cannot afford in order to create more sound fiscal policies for the future.” “Debt affordability can’t be the elephant in the room when it comes to discussions about our fiscal future,” said Prieto (D-Bergen/Hudson). “To continue to let it go unchecked will only further jeopardize our ability to establish a stable and improved credit standing with investors.” Underscoring the need for a better picture of New Jersey’s debt affordability, the sponsors pointed to the annual debt report released by the State Treasury Department, which showed that the state’s long-term debt increased to a record $78.4 billion last year, up $6.6 billion from the previous year in great part because of the increase in pension and health-benefit costs for public employees. The bill (A-961) would require the state to include a state debt affordability analysis in the annual State Debt Report in order to provide a clear, data-driven framework for the executive branch and the legislature to evaluate and establish priorities for legislation that may impact the amount of state debt during future fiscal years. “We need to take a step back, just like any responsible family would, and ask ourselves how much debt we can realistically afford to take on,” said Burzichelli (D-Cumberland/Gloucester/Salem). “In the face of this growing burden, we need a clear and accurate picture to help us make the tough decisions.” “Investors have taken notice of our mounting debt, with Moody’s downgrading our outlook to negative late last year,” said Schaer (D-Bergen/Passaic). “This is an assured warning alarm that we need to have a long and serious discussion about how we fund our long-term liabilities moving forward.” Under the bill, the State Debt Report, which is submitted to the Commission on Capital Budgeting and Planning, would be required to include a detailed analysis and narrative discussion of the state’s ability to afford an increase in its overall debt by incurring additional debt, and recommendations on the affordability of any such increase. The analysis would include: (a) An estimate of revenues available for the next 10 fiscal years to pay debt service on the debt listed in annual State Debt Report, including state general revenues plus any revenues specifically pledged to pay debt service; (b) An estimate of additional debt issuance for the next 10 fiscal years for the state’s existing borrowing programs; (c) A schedule of the annual debt service requirements, including principal and interest allocation, on outstanding state debt and an estimate of the annual debt service requirements on the additional debt projected for existing borrowing programs for each of the next 10 fiscal years; (d) The calculations and listing of pertinent debt ratios, including, but not limited to, debt service to state revenues available to pay debt service, debt to state per capita personal income, and debt per capita for the state's net tax-supported debt; (e) The estimated debt capacity available over the next 10 fiscal years benchmarked to various debt ratios of debt service to state revenue exceeding current actual percentages; (f) A comparison of the New Jersey state debt ratios with the comparable debt ratios for the 10 most populous states; (g) An overview of the state's general obligation credit rating and a review of the criteria used by municipal securities rating services in rating governmental obligations; and (h) Such other information as the Commission on Capital Budgeting and Planning deems relevant to the foregoing matters. Any state agency, independent authority, or other entity issuing debt secured by state revenue, or assisting in the issuing of that debt, must also provide information determined necessary by the commission in order to complete the debt affordability analysis and recommendations on affordability of additional debt. The measure was approved by the full Assembly in March. On The Net:

ASSEMBLY DEMOCRATS NEWS RELEASE

Wilson, Oliver, Coughlin, Caride & Wimberly Bill to Ensure Corporations Fulfill Grant Responsibilities Gets Assembly Panel Ok Measure Would Require Full Repayment when Businesses Fail to Meet Grant Requirements (TRENTON) – Legislation sponsored by Assembly Democrats Gilbert “Whip” Wilson, Sheila Oliver, Craig Coughlin, Marlene Caride and Benjie Wimberly to require corporations qualifying for state development subsidy grants to repay the entire amount if they fail to uphold the grant terms was advanced by an Assembly panel on Thursday. “The intent of this legislation is to ensure that corporations hold up their end of the deal,” said Wilson (D-Camden/Gloucester). “Grant incentives encourage companies to move, build and grow here. We must make sure that they do exactly what they say they will do and fulfill the terms of the grant.” “By offering incentives, we welcome corporations to bring their business to New Jersey,” said Oliver (D-Essex/Passaic). “More corporations who make New Jersey their home means more job opportunities and more support for families. This legislation would ensure our grant dollars are used wisely and corporations, honest.” “This is a very simple concept – protect the investment by taxpayers,” said Coughlin (D-Middlesex). “We want to create jobs and spark economic development, but we also want to do it responsibly. This bill accomplishes both those goals.” Under the bill’s (A-1808) provisions, if a private corporation receives a development subsidy grant issued by a public entity of the state, and the corporation fails to uphold the terms of any grant agreement with that public entity, the corporation shall refund the full amount of the grant to the public entity. “With our job growth numbers still lagging behind other states, it’s particularly important that corporations receiving state grants live up to their promise to generate employment,” said Caride (D-Bergen/Passaic). “Job growth remains one of our top priorities,” said Wimberly (D-Bergen/Passaic). “With state dollars being extremely tight, it’s crucial that corporations receiving grants fulfill their responsibility to the taxpayers who fund these grants.” The public entity issuing the grant would include provisions for the refund as part of an agreement to provide a grant and may pursue an action to collect the amount of the refund plus any attorney fees and other costs of the action. The bill provides an exemption to any grant or credit that is otherwise granted an exemption according to the law. The measure was approved by the Assembly Commerce and Economic Development Committee and referred to the Assembly Appropriations Committee for further consideration. On The Net:

Monday, June 2, 2014

News from Assemblyman Green

Green Lauds Signing of “Jessica Lunsford Act” Toughening Penalties for Child Sex Abusers (TRENTON) – Assembly Speaker Pro Tempore Jerry Green (D- Middlesex/Somerset/Union) lauded the ceremonial signing of legislation he sponsored to impose stiff mandatory prison time for anyone convicted of sexually abusing a young child, which brought together lawmakers and advocates in the state capital on Monday. The new law (A-892) was 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. “Under previous law, an individual who was convicted of abusing a child younger than 13 could face anywhere from 10 to 20 years in prison. This new law upgrades 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 law imposes mandatory terms of imprisonment for individuals convicted of aggravated sexual assault against a child under the age of 13. Under the law, the individual will 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 law also allows for a negotiated reduction of the mandatory term under certain circumstances. Under the law, 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 law 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 previous 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 law takes effect immediately. On The Net: