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

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

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

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

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

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

           

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

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

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

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

            The bill now awaits further consideration by the Senate.

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

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

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

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

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

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

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

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

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

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

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

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

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

The bills now await consideration by the Senate.

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

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

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

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

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

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

           

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

           

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            The bill now awaits consideration by the Senate.

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

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

Among Costliest in Nation Further Proof of Legislation’s Importance

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

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

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

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

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

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

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

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

            The bill now awaits further consideration by the Senate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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