MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday, October 17, 2024, at 10:30 a.m.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org 

1. Expungement Statute - Meaning of “Closely Related Circumstances” – Consideration of a Draft Final Report that does not recommend modifying N.J.S. 2C:52-2 to clarify the meaning of “closely related circumstances,” as discussed in the case of In the matter of C.P.M., 461 N.J. Super. 573 (App. Div. 2019), cert. denied, 241 N.J. 204 (2020), following an examining the nationwide use of the phrase. Report

 2. Use of Gendered Terms Related to Married Individuals in New Jersey Statutes - Consideration of a Draft Tentative Report proposing modifications to several New Jersey statutes, including the adult adoption statute in N.J.S. 2A:22-1, replacing gendered terms for married couples with gender-neutral terms to reflect that same-sex marriage has been legal in New Jersey for over ten years.  Report

 3. Self-Defense Statutes: Scope of the Term “Dwelling” - Consideration of a Draft Tentative Report proposing modifications to N.J.S. 2C:3-11, which defines “dwelling” in the context of justification defenses, to clarify the geographic scope of “dwelling” in New Jersey’s self-defense statutes, as discussed in State v. Canfield, 470 N.J. Super. 234 (App. Div. 2022), aff'd as modified, 252 N.J. 497 (2023) and other relevant New Jersey decisions. Report

4. Time Limitation on Actions Concerning Publications of Bond Resolutions - Consideration of an Update Memorandum regarding preliminary outreach to determine whether N.J.S. 40:14B-28 would benefit from clarification reflecting the holding in Vernon Township v. Sussex County Municipal Utilities Authority, No. A-0897-21, 2023 WL 2026174 (N.J. Super. Ct. App. Div. Feb. 16, 2023) and seeking Commission guidance. Memo

5. Open Public Records Act Projects Assessment – Consideration of an Update Memorandum assessing whether the most recent amendments to the Open Public Records Act impact the Commission’s authority to work on four open projects that pertain in some way to the Act.  Memo

 6.  Title 18A: Updating Terms Related to Epinephrine Administration and Nurses – Consideration of a Memorandum proposing a project addressing whether New Jersey Statutes in Title 18A (“Education”) would benefit from a modification to remove and/or update language related to the administration of epinephrine and certain nursing titles.  Memo

MEETING AGENDA

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday, September 26, 2024, at 10:30 a.m.

1. Meaning of Corporate “Books and Records of Account” in N.J.S. 14A:5-28 – Consideration of a Draft Final Report proposing modifications to N.J.S. 14A:5-28 that clarify the meaning of “minutes” in the statute without modifying the phrase “books and records of account.”  Report

2. Application of Tort Claims Act Notice of Claim Provision in N.J.S. 59:8-8 to Contribution and Indemnification Claims - Consideration of a Draft Final Report proposing modifications to N.J.S. 59:8-8 in the Tort Claims Act and N.J.S. 2A:15-5.2 and -5.3 in the Comparative Negligence Act, reflecting the holding in Jones v. Morey’s Pier, Inc., 230 N.J. 142 (2017).  Report

3. “Surrender” in the Context of Voluntary Relinquishment of Parental Rights – Consideration of a Draft Tentative Report proposing modifications that replace the term “surrender” in the context of voluntary relinquishment of parental rights, in Title 9 and Title 30 of the New Jersey statutes.  Report

4. N.J.S. 2C:24-4: Constitutionality of Definition of “Portray a Child in a Sexually Suggestive Manner” – Consideration of a Draft Tentative Report proposing modifications to subsection (c) in N.J.S. 2C:24-4, New Jersey’s child endangerment statute, in response to the New Jersey Supreme Court holding in State v. Higginbotham, 257 N.J. 260 (2024).  Report

5. Recommendation for Project Conclusion – Consideration of a Memorandum recommending the conclusion of Commission work on three identified projects.  Memo

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be held on Thursday, July 18, 2024, at 4:30 p.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. New Jersey Safe Housing Act’s Application to Non-physical Harm – Consideration of a Draft Tentative Report proposing modifications to the early lease termination provision for victims of domestic abuse, under N.J.S. 46:8-9.6(a) of the New Jersey Safe Housing Act, to clarify the statute’s language regarding the scope of “harm.”  Report

2. DWI – Contributions to the Drunk Driving Enforcement Fund for Refusal to Submit to Chemical Tests, N.J.S. 39:4-50.8 – Consideration of a Draft Tentative Report proposing modification to update anachronistic and potentially misleading references in N.J.S. 39:4-50.2, N.J.S. 36:4-50.8, N.J.S. 39:3-10.24, and N.J.S. 12:7-55, in accordance with the 1992 and 2009 Reorganization Plans.  Report

3. Self-Defense Statute (N.J.S. 2C:3-4) – Scope of the Term “Dwelling”) - Consideration of a Memorandum proposing a project addressing the scope of the term “dwelling” in New Jersey’s self-defense statute, N.J.S. 2C:3-4, as discussed in State v. Canfield, 470 N.J. Super. 234 (App. Div. 2022), aff'd as modified, 252 N.J. 497 (2023).  Memo

4. Sidewalk Tort Liability – Padilla v. An, 257 N.J. 540 - Consideration of a Memorandum proposing a project regarding sidewalk tort liability in response to the New Jersey Supreme Court decision in Padilla v. An, 257 N.J. 540 (2024).  Memo

5. Child Erotica Provisions in N.J.S. 2C:24-4 – Constitutionality - Consideration of a Memorandum proposing a project to address whether N.J.S. 2C:24-4 should be modified in response to the New Jersey Supreme Court's holding in State v. Higginbotham, 257 N.J. 260 (2024), that subsection (c) of the child erotica amendments is unconstitutionally overbroad in violation of the First Amendment.  Memo

MEETING AGENDA

The New Jersey Law Revision Commission meeting will meet on Thursday, February 15, 2024, at 10:00 a.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Prisons and Youth Correctional Facilities - Farms, Camps, and Quarries (N.J.S. 30:4- 136; N.J.S. 30:4-146) – Consideration of a Draft Final Report recommending the elimination of anachronistic statutory references to quarries and the clarification of the language regarding where persons convicted of criminal offenses, or those found to be delinquent, may be confined. Report

2. Meaning of Corporate “Books and Records of Account” in N.J.S. 14A:5-28 – Consideration of a Draft Tentative Report proposing modifications to N.J.S. 14A:5-28 to clarify the meaning of the phrase “books and records of account.” Report

3. Termination of Parental Rights: Interpretation of “Best Interests of the Child” Standard – Consideration of a Memorandum proposing a project to consider whether N.J.S. 30:4C-15.1(a) would benefit from modification to reflect the determinations of the courts in N.J Div. of Child Prot. & Permanency v. A.S., No. A-0851-21, 2023 WL 1978247 (App. Div. 2023) and N.J Div. of Child Prot. & Permanency v. D.C.A., 474 N.J. Super. 11 (App. Div. 2022), aff'd, 256 N.J. 4 (2023). Memo 

4. Use of the Term “Maiden Name” in New Jersey Statutes– Consideration of a Memorandum proposing a project to consider eliminating the term “maiden name” from the New Jersey statutes and replacing it with updated language where appropriate. Memo

5. Elements of Leaving the Scene Offense - Consideration of a Memorandum proposing a project to consider whether N.J.S. 2C:11-5.1 would benefit from a modification to clarify that an individual can be prosecuted for the offense of leaving the scene of an accident once, regardless of the number of victims, as held by the Supreme Court in State v. Bell, 250 N.J. 519 (2022). Memo 

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday, January 25, 2024, at 10:00 a.m.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Retroactive Modification of Child Support Obligations – Consideration of a Draft Tentative Report proposing modifications to N.J.S. 2A:17-56.23a that incorporate the exceptions to the statutory prohibition on retroactive modification of child support obligations beyond the date of mailing notice of or filing the motion for a child’s emancipation or adult adoption. Report

2. Expungement Statute - Meaning of “Closely Related Circumstances” – Consideration of a Memorandum updating the Commission about the meaning of “closely related circumstances” in New Jersey’s Expungement statute, N.J.S. 2C:52-2, as discussed in the case of In the matter of C.P.M., 461 N.J. Super. 573 (App. Div. 2019), cert. denied, 241 N.J. 204 (2020), examining the nationwide use of the phrase, and requesting the Commission’s guidance on whether to continue work in this area. Memo   50 State Survey    50 State Abstracts

3. Operating Uninsured Automobiles – Consideration of a Memorandum proposing a project to address whether N.J.S. 39:6A-4.5(a) would benefit from modification to clarify the term “operating” in the context of uninsured vehicles as discussed in Memudu v. Gonzalez, 475 N.J. Super. 15 (App. Div), leave to appeal denied, 253 N.J. 549 (2023). Memo

4. Juvenile Sex Offender Lifetime Registration – Consideration of a Memorandum proposing a project to address whether N.J.S. 2C:7-2 should be modified to reflect the New Jersey Supreme Court’s holding in State in Interest of C.K., 233 N.J. 44 (2018), that lifetime registration and notification obligations are unconstitutional as applied to juvenile sex offenders. Memo

5. Biometric Data Collection – Consideration of an update Memorandum examining the collection of biometric data, the New Jersey Legislature’s work in this area, the approach taken by other states, and the current state of the law concerning this type of data as discussed in McDonald v. Symphony Bronzeville Park, LLC, No. 126511 (Ill. Feb. 03, 2022), and recommending the conclusion of work in this area. Memo

6. Annual Report - Consideration of the Commission’s 2023 Annual Report for release and distribution.

MEETING AGENDA

The New Jersey Law Revision Commission will meet on Thursday, December 21, 2023, at 4:30 p.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Applicability of the Driving While Intoxicated Statute, N.J.S. 39:4-50, to Bicyclists - Consideration of a Final Report recommending the conclusion of Commission work in this area. Report

2. Interpretation of the Vote by Mail Law in N.J.S. 19:63-26 – Consideration of a Revised Draft Tentative Report proposing: (1) modification of N.J.S. 19:63-26 and N.J.S. 19:29-1 reflecting the holding of In re the Election for Atlantic County Freeholder District 3 2020 General Election; and (2) modifications of the Campaign Contributions and Expenditures Reporting Act and N.J.S. 19:29-2, defining the scope of the Election Law Enforcement Commission’s jurisdiction over violations of the Act. Report

3. Juvenile Justice – State Home for Boys and Girls as used in N.J.S. 30:4-85 – Consideration of a Revised Draft Tentative Report proposing the removal of anachronistic references to the State Home for Boys and the State Home for Girls. Report

4. Penalties for Community Supervision for Life Violations Unconstitutional as Ex Post Facto Law – Consideration of a Draft Tentative Report proposing modifications to N.J.S. 2C:43-6.4, reflecting the holdings in State v. Hester and State v. Perez that amendments to the statute altering the penalties for violations of the conditions of community supervision for life (CSL) are unconstitutional ex post facto laws as applied to individuals sentenced to CSL prior to their enactment. Report

5. Expungement – Inclusion of Local Ordinances in the “Clean Slate” Statute – N.J.S. 2C:52-5.3 – Consideration of a Draft Tentative Report proposing the modification of N.J.S. 2C:52-5.3 to clarify that the statute applies to the expungement of local ordinance violations. Report

6. Time Limitation on Actions Concerning Publications of Bond Resolutions - Consideration of a Memorandum proposing a project to address whether N.J.S. 40:14B-28 would benefit from clarification concerning its application to contracts referenced in public bond resolutions that pre-date the publication of bonds. Memo

7. Proposed Meeting Dates for 2024 – Consideration of proposed meeting dates for the upcoming year.

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday, November 16, 2023, at 10:00 a.m.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney before the start time of the meeting, at: lct@njlrc.org

1. Interpretation of the Vote by Mail Law in N.J.S. 19:63-26 – Consideration of a Revised Draft Tentative Report proposing modifications to N.J.S. 19:63-26, N.J.S. 19:29-1, N.J.S. 19:29-2, and the Reporting Act to reflect the holding of In re the Election for Atl. Cnty. Freeholder Dist. 3 2020 Gen. Election, 468 N.J. Super. 341 (App. Div. 2021), and clarify ELEC’s jurisdiction over violations of the Reporting Act. Report

2. Juvenile Justice – State Home for Boys and Girls as used in N.J.S. 30:4-85 – Consideration of a Draft Tentative Report proposing the removal of anachronistic references to the State Home for Boys and the State Home for Girls. Report

3. New Jersey First Act: Residency Requirement – Consideration of a Memorandum proposing a project to address apparent ambiguities in the New Jersey First Act residency requirement for persons holding an office, employment, or position within state or local government. Memo

4. Expungement – Examination of N.J.S. 2C:52-5.3 to determine whether the “Clean Slate” includes violations of local ordinances – Consideration of a Memorandum proposing a project to address whether modification of N.J.S. 2C:52-5.3 is appropriate to clarify that the statute applies to the expungement of local ordinance violations. Memo

5. Title 39: Windshield Statute (N.J.S. 39:3-74) - Window Tint Traffic Stops/Citations – Consideration of a Memorandum proposing a project to address whether amending N.J.S. 3:37-4 (the “windshield statute”) would be of assistance to clarify its application. Memo

6. Retroactive Modification of Child Support in N.J.S. 2A:17-56.23a: Exceptions for Emancipation and Adult Adoption – Consideration of a Memorandum proposing a project to address whether N.J.S. 2A:17-56.23a would benefit from modification to reflect the exceptions to the statutory ban on retroactive modification of child support obligations for emancipation and adult adoption. Memo

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday,, October 19, 2023, at 4:30 p.m.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney before the start time of the meeting, at: lct@njlrc.org

1.      Workers Compensation Act – Scope of “Intentional Wrong” in N.J.S. 34:15-8 – Consideration of a Revised Draft Final Report that does not recommend modification of the “intentional wrong” exception in N.J.S. 34:15-8 at this time. Report

2.      Interpretation of the Vote by Mail Law in N.J.S. 19:63-26 – Consideration of a Revised Draft Tentative Report proposing: (1) modification of N.J.S. 19:63-26 and N.J.S. 19:29-1 to clarify the relationship between the two provisions according to the holding of In re the Election for Atlantic County Freeholder District 3 2020 General Election; and (2) consideration of potential modifications of the Campaign Contributions and Expenditures Reporting Act, defining the scope of the Election Law Enforcement Commission’s jurisdiction over violations of the Act. Report

3.      Non-admitted Insurers Act – Jurisdiction Over Violations as set forth in N.J.S. 17:32-20 – Consideration of a Draft Tentative Report recommending a statutory amendment to clarify the authority of the DOBI Commissioner to choose between an administrative action and requesting that the Attorney General institute a civil action in the Superior Court, as discussed in Applied Underwriters Captive Risk Assurance Company, Inc. v. NJ Dep’t of Banking & Ins. Report

4.      Applicability of the DWI statute, N.J.S. 39:4-50, to Bicyclists – Consideration of a Memorandum providing an update to the Commission and requesting guidance about whether, and how, to conclude the project. Memo

5.      Community Supervision for Life Violations Punishable as Third-Degree Offense and Conversion to Parole Supervision for Life Unconstitutional as Ex Post Facto Law – Consideration of a Memorandum proposing a project to address whether N.J.S. 2C:43-6.4, which governs violations of community and parole supervision for life for qualifying sex offenders, should be modified to reflect the holding in State v. Hester that the 2014 amendment to the statute is an unconstitutional ex post facto law. Memo

6.      Juvenile Justice – State Home for Boys and Girls as used in N.J.S. 30:4-85 – Consideration of a Memorandum proposing a project to remove the potentially anachronistic terms “State Home for Boys” and “State Home for Girls” from the statutes. Memo

MEETING AGENDA

The New Jersey Law Revision Commission will meet on Thursday, September 21, 2023, at 4:30 p.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1.  Comprehensive Drug Reform Act - Joint Motions to Vacate Parole Ineligibility (N.J.S. 2C:35-12) – Consideration of a Revised Draft Final Report proposing the modification of the statute concerning joint motions to vacate parole ineligibility, N.J.S. 2C:35- 12, as discussed in State v. Arroyo-Nunez, 470 N.J. Super. 351 (App. Div. 2022). Report 

2.  Workers Compensation Act and the Scope of “Intentional Wrong” in N.J.S. 34:15-8 – Consideration of a Draft Final Report proposing modifications to N.J.S. 34:15-8 to clarify the scope of the intentional wrong exception to the exclusive remedy provision in the Worker’s Compensation Act, consistent with its legislative history and the interpretation of the statutory language by New Jersey courts. Report

3. Megan’s Law and the Definition of “Minor” – Consideration of a Draft Final Report recommending the modification of N.J.S. 2C:7-2 to clarify that the term “minor” as used in the Act refers to persons under the age of eighteen years of age consistent with State v. Farkas, 2022 WL 803466 (App. Div. 2022). Report

4. Tort Claims Act: Application of Notice of Claim Provision in N.J.S. 59:8-8 to Contribution and Indemnification Claims – Consideration of a Revised Draft Tentative Report proposing a modification of the statute imposing a ninety-day deadline for filing notice of tort claims against public entities, N.J.S. 59:8- 8, as discussed in Jones v. Morey’s Pier, Inc., 230 N.J. 142 (2017). Report

5. Prisons and Youth Correctional Facilities - Farms, Camps, and Quarries (N.J.S. 30:4-136; N.J.S. 30:4-146) – Consideration of a Draft Tentative Report recommending elimination of anachronistic statutory references to quarries and the clarification of the language regarding where persons convicted of criminal offenses or those found to be delinquent may be confined. Report

6. Neurorights – Consideration of a Memorandum conveying a request that the Commission work in this area and seeking Commission guidance. Memo

7. Recommendation for Project Conclusion – Consideration of a Memorandum recommending the conclusion of Commission work on an identified project. Memo  

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday, July 20, 2023, at 4:30 p.m.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Statute of Frauds - Mandatory Attorney Review Provision - Consideration of a Draft Final Report proposing the elimination of the mandatory attorney review provision from New Jersey’s Statute of Frauds, N.J.S. 25:1-5, governing non-marital personal relationship support provisions, palimony, as discussed in Moynihan v. Lynch, 250 N.J. 60 (2022). Report

2. Comprehensive Drug Reform Act - Joint Motions to Vacate Parole Ineligibility - Consideration of a Draft Final Report proposing the modification of the statute concerning joint motions to vacate parole ineligibility, N.J.S. 2C:35- 12, as discussed in State v. Arroyo-Nunez, 470 N.J. Super. 351 (App. Div. 2022). Report

3. Tort Claims Act: Applicability of Notice Provision to Contribution and Indemnification Claims - Consideration of a Draft Tentative Report proposing a modification of the statute imposing a ninety-day deadline for filing notice of tort claims against public entities, N.J.S. 59:8-8, as discussed in Jones v. Morey’s Pier, Inc., 230 N.J. 142 (2017). Report

4. Non-Admitted Insurers Act: Jurisdiction Over Violations - Consideration of a Memorandum proposing a project addressing whether N.J.S. 17:32-20 in the Non-Admitted Insurers Act (“Act”) should be modified to reflect that the New Jersey Department of Banking and Insurance Commissioner has discretion to pursue administrative remedies or request judicial relief when the Act is violated, as held in Applied Underwriters Captive Risk Assurance Co., Inc. v. NJ Department of Banking & Insurance, 472 N.J. Super. 26 (App. Div. 2022). Memo

5. Affidavit of Merit Statute: Application to Respondeat Superior Claims - Consideration of a Memorandum proposing a project addressing whether N.J.S. 17:32-20 in New Jersey’s Affidavit of Merit Statute should be modified to clarify whether an Affidavit of Merit is required in the context of respondeat superior claims, as discussed in Haviland v. Lourdes Medical Center of Burlington County., Inc., 250 N.J 368, 371 (2022). Memo

Meeting Agenda

The New Jersey Law Revision Commission will meet on Thursday, May 18, 2023, at 4:30 p.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Recreational or Social Activities Defense to Workers Compensation Claims - Consideration of a Revised Draft Final Report incorporating additional public comment in the Final Report recommending modifications to N.J.S. 34:15-7 to clarify the scope of the “recreational or social activities” defense, as discussed in Goulding v. N.J. Friendship House, Inc., 245 N.J. 157 (2021), and Lozano v. Frank DeLuca Constr., 178 N.J. 513 (2004). Report

2. Unemployment Benefits for Individuals Who Were Wrongfully Incarcerated - Consideration of a Draft Final Report recommending a statutory presumption that the dismissal of charges, or a grand jury decision not to indict, is presumptive evidence that an individual did not leave work voluntarily and that an examination of the totality of the circumstances may rebut this presumption in accordance with Haley v. Board of Review, Department of Labor, 245 N.J. 511 (2021). Report

3. Transfer of Jurisdiction in Tax Assessment Challenges - Consideration of a Draft Final Report recommending modifications to N.J.S. 54:3-21 to clarify the procedural mechanism for transferring jurisdiction to the Tax Court as discussed by the Tax Court in 30 Journal Square Partners, LLC v. City of Jersey City, 32 N.J. Tax 91 (N.J. Tax 2020). Report

4. Tort Claims Act: Time to File Notice of Claim For Damages Suffered as a Result of Injury to Minor Child – Consideration of a Memorandum proposing a project to address the time to file a notice of claim for damages suffered by parent as a result of the death of her child pursuant to N.J.S. 59:8-8 in the Tort Claims Act, as discussed in Estate of Dunmore v. Pleasantville Board of Education, 470 N.J. Super. 382 (App. Div. 2022). Memo

5. Law Against Discrimination: Waiver of Rights in an Employment Contract - Consideration of a Memorandum proposing a project to address the federal preemption of a statute that prevents arbitration called for in an agreement governed by the Federal Arbitration Act as discussed in Antonucci v. Curvature Newco, Inc., 470 N.J. Super. 553 (App. Div. 2022). Memo

6. Electric Vehicle Supply Equipment or Make-Ready Parking Spaces – Consideration of a Memorandum proposing a project to address issues raised by N.J.S. 40:55D-66.19 and N.J.S. 40:55D-66.20. Memo

MEETING AGENDA

*The New Jersey Law Revision Commission meeting will be conducted remotely on Thursday, April 20, 2023, at 4:30 p.m. *

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Mandatory Attorney Review Provision – Consideration of a Draft Tentative Report proposing the elimination of the mandatory attorney review provision in New Jersey’s Statute of Frauds, N.J.S. 25:1-5, governing non-marital personal relationship support provisions, palimony, as discussed in Moynihan v. Lynch, 250 N.J. 60 (2022). Report

2. Joint Motions to Vacate Parole Ineligibility – Consideration of a Draft Tentative Report proposing the modification of the statute concerning joint motions to vacate parole ineligibility, N.J.S. 2C:35- 12, as discussed in State v. Arroyo-Nunez, 470 N.J. Super. 351 (App. Div. 2022). Report

3. Mail-In Ballots – Consideration of an Update Memorandum providing a summary of the response to outreach concerning proposed modifications to N.J.S. 19:29-1 and N.J.S. 19:63-26 and seeking Commission guidance. Memo and Case

4. Minor, Definition for Megan’s Law – Consideration of a Memorandum proposing a project to address the impact of two conflicting definitions of the term minor in the New Jersey Code of Criminal Justice noted after a review of State v. Farkas, 2022 WL 803466 (App. Div. Mar. 17, 2022). Memo

5. Tort Claims Act Immunity for Claims of Sexual Misconduct – Consideration of a Memorandum proposing a project to address Tort Claims Act immunity pursuant to N.J.S. 59:2-1.3, N.J.S. 59:2-10, and N.J.S. 59:9-2, as discussed in EC by DC v. Inglima-Donaldson, 470 N.J. Super. 41 (App. Div. 2021). Memo

Meeting Agenda

The New Jersey Law Revision Commission will meet on Thursday, March 16, 2023, at 4:30 p.m.

The March 16th meeting of the Commission will be held at the law offices of Porzio, Bromberg & Newman, P.C., at: 100 Southgate Parkway, Morristown, NJ 07962-1997.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Recreational or Social Activities - Consideration of a Draft Final Report recommending modifications to N.J.S. 34:15-7 to clarify the scope of the “recreational or social activities” defense, as discussed in Goulding v. N.J. Friendship House, Inc., 245 N.J. 157 (2021), and Lozano v. Frank DeLuca Constr., 178 N.J. 513 (2004). Report

2. “Misrepresentation of a Material Fact” in the NJ Gross Income Tax Act - Consideration of a Draft Final Report proposing the modification of New Jersey’s statute concerning limitations on tax assessment, N.J.S. 54A:9-4, to eliminate the apparent conflict between the two fraud exceptions – subsections (c)(1) and (c)(4) – and the use of the word “misrepresentation,” as discussed in Malhotra v. Director, Division of Taxation, 32 N.J. Tax 443 (2021). Report

3. Uniform Commercial Code – 2022 Amendments – Consideration of a Draft Final Report recommending enactment of the 2022 Amendments to the Uniform Commercial Code. Updated Report  

4. Merger of Criminal Convictions for Leaving-the-Scene and Endangering an Injured Victim – Consideration of a Memorandum proposing a project to address the merger of criminal convictions pursuant to N.J.S. 2C:1-8, N.J.S. 2C:11-5.1, and N.J.S. 2C:12-1.2, as discussed in State v. Herrera, 469 N.J. Super. 559 (App. Div. 2022). Memo

5. Joint Motions to Vacate Parole Ineligibility - Consideration of a Memorandum proposing a project to clarify the statute concerning joint motions to vacate parole ineligibility, N.J.S. 2C:35-12, as discussed in State v. Arroyo-Nunez, 470 N.J. Super. 351 (App. Div. 2022). Memo

MEETING AGENDA

* The New Jersey Law Revision Commission meeting will be conducted remotely on Thursday, February 16, 2023, at 10:00 a.m. *

* Any member of the public who wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org *

1. Unemployment Benefits for Individuals Who Were Wrongfully Incarcerated - Consideration of a Revised Draft Tentative Report recommending a statutory presumption that the dismissal of charges, or a grand jury decision not to indict, is presumptive evidence that an individual did not leave work voluntarily and that an examination of the totality of the circumstances may rebut this presumption in accordance with Haley v. Board of Review, Department of Labor, 245 N.J. 511 (2021). Report

2. Interest Rates in Eminent Domain Actions – Consideration of a Draft Tentative Report proposing modifications to N.J.S. 20:3-32, N.J.S. 27:7-22, and other eminent domain statutes to eliminate conflicting statutory provisions pertaining to the interest rate on just compensation awards in the eminent domain context as discussed in State by Comm’r of Transp. v. St. Mary’s Church Gloucester, 464 N.J. Super. 579 (2020). Report

3. Interpretation of the Household Exception to Inclusion in the Sex Offender Central Registry – Consideration of an Update Memorandum regarding preliminary outreach to determine whether the household exception to internet registration of sex offenders in N.J.S. 2C:7-13d.(2), would benefit from modification as discussed in In re N.B., 222 N.J. 87 (2015) and State v. H.C., 2021 WL 1713300 (App. Div. 2021) and seeking Commission guidance. Memo

4. Mandatory Attorney Review Provision - Consideration of a Memorandum proposing a project to address the mandatory attorney review provision in New Jersey’s Statute of Frauds governing non-marital personal relationship support provisions, palimony, as discussed in Moynihan v. Lynch, 250 N.J. 60 (2022). Memo

5. Uniform Law Commission Acts Under Consideration in 2023 – Consideration of  Memorandum identifying five ULC Acts the Commission may consider this year: (1) the Uniform Telehealth Act (released in 2022); (2) the Uniform Electronic Estate Planning Documents Act (released in 2022); (3) the 2022 Amendments to the Uniform Commercial Code (released in 2022); (4) the Uniform Personal Data Protection Act (released in 2021); and (5) the Uniform Restrictive Employment Agreement Act (released in 2021). Memo

MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted remotely on Thursday, January 26, 2023, at 10:00 a.m.

Any member of the public who wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Transfer of Jurisdiction in Tax Assessment – Consideration of a Draft Tentative Report clarifying the process for the transfer of jurisdiction in tax assessment challenges pursuant to N.J.S. 54:3-21 as discussed in 30 Journal Square Partners, LLC v. City of Jersey City, 32 N.J. Tax 91 (N.J. Tax 2020). Report

2. Unemployment Benefits for Individuals Wrongfully Incarcerated – Consideration of a Draft Tentative Report recommending that the totality of the circumstances be considered in benefits cases involving wrongful incarceration as discussed in Haley v. Board of Review, Department of Labor, 245 N.J. 511, 515 (2021). Report

3. Corporate Books and Records of Account – Consideration of a Memorandum requesting guidance from the Commission regarding the project pertaining to shareholder right to inspect “books and records of account” pursuant to N.J.S. 14A:5-28 as discussed in Feuer v. Merck & Co., Inc., 455 N.J. Super. 69 (App. Div. 2018). Memo

4. Exemption of Property of Nonprofit Organizations – Consideration of a Memorandum proposing a project to clarify the statute that contains property tax exemptions for nonprofit organizations, N.J.S. 54:4-3.6. Memo

5. Compassionate Release – 3 issues – Consideration of a Memorandum proposing a project to address three issues identified by courts concerning compassionate release pursuant to N.J.S. 30:4-123.51e: (1) meaning of “activities of basic daily living”; (2) discretion to deny release; and (3) confidentiality provisions of the statute as discussed in State v. F.E.D., 251 N.J. 505 (2022) and State v. A.M., 2023 WL 125132 (2023). Memo

6. Annual Report 2022 - Consideration of the draft Annual Report for 2022.

MEETING AGENDA

The New Jersey Law Revision Commission will meet on Thursday, December 15, 2022, at 4:30 p.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

  1.      Autobus - Consideration of a Draft Final Report recommending a modification to N.J.S. 54:39-112(a)(1) and N.J.S. 54:15B-2.1 to clarify the use of the term “autobus” in the Motor Fuel Tax Act and the Petroleum Products Gross Receipts Tax Act, as discussed in Senior Citizens United Community Services, Inc. v. Director, Division of Taxation, 32 N.J. Tax 381 (2021). Report

2.      Wrongful or Mistaken Imprisonment and NERA – Consideration of a Draft Final Report recommending the modification of N.J.S. 2C:43-7.2 to eliminate a constitutional infirmity by providing that the excess time that a defendant erroneously serves in prison will reduce the period of parole supervision under the No Early Release Act, as discussed in State v. Njango, 247 N.J. 533 (2021). Report

3.      Rescue Doctrine and Property – Consideration of a Draft Final Report bringing to the attention of the New Jersey Legislature the treatment of the rescue doctrine in all fifty states, and the New Jersey Supreme Court’s treatment of the doctrine as discussed in Samolyk v. Berthe, 251 N.J. 73 (2022), for such action as it deems appropriate. Report

4.      Self-Representation in Involuntary Commitment and Termination of Parental Rights Matters – Consideration of a Draft Final Report recommending the modification of N.J.S. 30:4-27.29 and N.J.S. 30:4C-15.4 to clarify a litigant’s ability to represent themselves in involuntary commitment proceedings and termination of parental rights proceedings, (N.J.S. 30:4-27.29 and N.J.S. 30:4C-15.4) and as discussed in In the Matter of Civil Commitment of D.Y., 218 N.J. 359 (2014) and N.J. Div. of Child Prot. & Perm. v. R.L.M., 236 N.J. 123 (2018). Report

5.      Misrepresentation of Material Fact in Income Tax Context – Consideration of a Revised Draft Tentative Report proposing the modification of New Jersey’s statute concerning limitations on tax assessment, N.J.S. 54A:9-4, to eliminate the conflict between the two fraud exceptions – subsections (c)(1) and (c)(4) – and the use of the word “misrepresentation,” as discussed in Malhotra v. Director, Division of Taxation, 32 N.J. Tax 443 (2021). Report

6.      Proposed Meeting Dates for 2023 – Consideration of proposed meeting dates for the upcoming year.

MEETING AGENDA

The New Jersey Law Revision Commission will meet on Thursday, October 20, 2022, at 10:00 a.m. in the Commission office on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

1.      Personal Conveyance – Consideration of a Revised Draft Final Report recommending modification of N.J.S. 39:4-92.4 to clarify the definition of the term “pedestrian” and to define the term “personal conveyance” to eliminate potential ambiguity. Report 

2.      Receivership Act - Consideration of a Revised Draft Final Report proposing modifications to N.J.S. 2A:42-117, changing the language from mandatory to permissive, as discussed in Mfrs. and Traders Tr. Co. v. Marina Bay Towers Urban Renewal II, LP, 2019 WL 5395937 (App. Div. 2019), and eliminating language implying consideration of only the plaintiff’s evidence in determining whether to appoint a receiver. Report

3.      Impact of Mail-In Ballots on Election Contest Claim - Consideration of a Draft Tentative Report proposing modifications to N.J.S. 19:63-26, which prohibits the invalidation of an election due to irregularity in the preparation or forwarding of mail-in ballots, and N.J.S. 19:29-1, to clarify the relationship between the two sections as discussed in In re the Election for Atlantic County Freeholder District 3 2020 General Election, 468 N.J. Super. 341 (App. Div. 2021). Report

4.      Misrepresentation – Consideration of a Draft Tentative Report proposing the modification of New Jersey’s statute concerning limitations on tax assessment, N.J.S. 54A:9-4, to eliminate the conflict between the two fraud exceptions – subsections (c)(1) and (c)(4) – and the use of the word misrepresentation as discussed in Malhotra v. Director, Division of Taxation, 32 N.J. Tax 443 (2021). Report  50-state survey 

5.      Biometric Data Collection - Consideration of a Memorandum examining the collection of biometric data, the New Jersey Legislature’s work in this area, the approach taken by other states, and the current state of the law concerning this type of data as discussed in McDonald v. Symphony Bronzeville Park, LLC, No. 126511 (Ill. Feb. 03, 2022), and seeking Commission guidance. Memo

6.      Parentage – Consideration of a Memorandum recommending that the Commission pause its work in this area of the law. Memo

MEETING AGENDA

The New Jersey Law Revision Commission will meet on Thursday, September 15, 2022, at 4:30 p.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey. 

1.    1.      “Personal Conveyance” in – N.J.S. 39:4-92.4 – Consideration of a Draft Final Report recommending modification of N.J.S. 39:4-92.4 to clarify the definition of the term “pedestrian” and to define the term “personal conveyance” to eliminate potential ambiguity.  Report

2.      Re-Enrollment in PERS – Consideration of Revised Draft Final Report recommending modification to N.J.S. 43:15A-57.2b.(2) to clarify the scope of the “teaching role” exception to re-enrollment in the Public Employees’ Retirement System (PERS).  Report

3.      Self-Representation - Consideration of a Draft Tentative Report proposing modification of N.J.S. 30:4-27.29, N.J.S. 30:4C-15.4, and similar statutes to clarify a litigant’s ability to represent themselves in involuntary commitment proceedings and termination of parental rights proceedings, (N.J.S. 30:4-27.29 and N.J.S. 30:4C-15.4) and as discussed in the Matter of Civil Commitment of D.Y., 218 N.J. 359 (2014) and N.J. Div. of Child Prot. & Perm. v. R.L.M., 236 N.J. 123 (2018).  Report

4.      Intentional Wrong – Consideration of Draft Tentative Report proposing modifications to N.J.S. 34:15-8 to clarify the scope of the intentional wrong exception to the exclusive remedy provision in the Worker’s Compensation Act, consistent with its legislative history and the interpretation of the statutory language by New Jersey courts.  Report

5.      Rescue Doctrine and Property - Consideration of a Memorandum examining the common law rescue doctrine and the current state of the law concerning the extension of this doctrine to property as discussed in Samolyk v. Berthe, 251 N.J. 73 (2022) Memo

6.      Recommendations for Project Conclusion – Consideration of a Memorandum recommending the conclusion of Commission work on identified projects. Memo

MEETING AGENDA

The July meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, July 21, 2022, at 4:30 p.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

 1.     Autobus - Consideration of a Draft Tentative Report proposing modifications to N.J.S. 54:39-112(a)(1) and N.J.S. 54:15B-2.1 to clarify the use of the term “autobus” as discussed in Senior Citizens United Community Services, Inc. v. Director, Division of Taxation, 32 N.J. Tax 381, 385 (2021).  Report

2.     Wrongful or mistaken imprisonment and NERA – Consideration of a Draft Tentative Report proposing modification of N.J.S. 2C:43-7.2 to provide that any excess time that a defendant erroneously serves in prison will reduce the period of parole supervision under the No Early Release Act, as discussed in State v. Njango, 247 N.J. 533 (2021). Report

3.     Statute of Limitations for DNA Evidence – Consideration of a Memorandum proposing a project to clarify when the statute of limitations begins to run in cases involving DNA evidence pursuant to N.J.S. 2C:1-6(c) as discussed in State v. Thompson, 250 N.J. 556 (2022).  Memo

4.     Misrepresentation – Consideration of a Memorandum proposing a project to clarify the term “misrepresentation” in N.J.S. 54A:9-4, concerning limitations on tax assessment, as discussed in Malhotra v. Director, Division of Taxation, 32 N.J. Tax 443 (2021).  Memo 

5.     Household/Incest Exception to Inclusion in Sex Offender Central Registry - Consideration of a Memorandum proposing a project to clarify the household/incest exception to internet registration of sex offenders in N.J.S. 2C:7-13d.(2), as discussed in In re N.B., 222 N.J. 87 (2015) and State v. H.C., 2021 WL 1713300 (App. Div. 2021).  Memo

6.     Impact of Mail-In Ballots on Election Contest Claims - Consideration of a Memorandum proposing a project to clarify the impact of N.J.S. 19:63-26, prohibiting invalidation of an election due to irregularity in the preparation or forwarding of mail-in ballots, on an election contest claim pursuant to N.J.S. 19:29-1, as discussed in In the Matter of the Election for Atlantic County Freeholder District 3 2020 General Election, 468 N.J. Super. 341 (App. Div. 2021).  Memo

7.     “Surrender” in the Context of Parental Rights – Consideration of a Memorandum proposing a project to replace the term “surrender” in the context of voluntarily relinquishment of parental rights. Memo

MEETING AGENDA

The New Jersey Law Revision Commission will meet on Thursday, June 16, 2022, at 4:30 p.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey. 

1.       Inmate – Consideration of a Draft Final Report proposing the replacement of the term “inmate” with person-first or other updated language as appropriate.  Report  Appendix  

2.      Re-Enrollment in PERS as a Critical Need Employee – Consideration of a Draft Final Report recommending modification to N.J.S. 43:15A-57.2b.(2) to clarify the scope of the “teaching role” exception to re-enrollment in the Public Employees’ Retirement System (PERS).  Report

3.      Personal Conveyance as Used in N.J.S. 39:4-92.4 - Consideration of a Revised Draft Tentative Report recommending modification of N.J.S. 39:4-92.4 to define the term “personal conveyance.”  Report

4.      Audit Adjustments Involving Returns from Closed Years – Consideration of a Draft Tentative Report recommending modification of N.J.S. 54:10A-10 to resolve the apparent conflict between statutes applicable to situations in which an audit of current filings results in the application of revisions to closed filings that are otherwise beyond the statute of limitations, as discussed in R.O.P. Aviation, Inc. v. Dir., Div. of Tax'n, 32 N.J. Tax 346, 354 (2021).  Report

5.      Unemployment Benefits for the Wrongfully Incarcerated - Consideration of an update memorandum proposing a project to clarify the impact of N.J.S. 43:21-5(a) on an employee terminated from employment solely because of an arrest and pretrial detention, followed by a dismissal of the criminal charges, as discussed in Haley v. Bd. of Rev., Dept. of Lab., 245 N.J. 511 (2021).  Memo

6.      Administrative Update - Work of the Uniform Law Commission – Consideration a Memorandum summarizing Commission review of, and work on, Acts prepared by the Uniform Law Commission. Memo

The New Jersey Law Revision Commission will meet on Thursday, May 19, 2022, at 4:30 p.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey. 

Meeting Agenda

1.     Receivership Act - Consideration of a Revised Draft Tentative Report proposing modifications to N.J.S. 2A:42-117, changing the language from mandatory to permissive, as discussed in Mfrs. and Traders Tr. Co. v. Marina Bay Towers Urban Renewal II, LP, 2019 WL 5395937 (App. Div. 2019), and eliminating language implying consideration of only the plaintiff’s evidence in determining whether to appoint a receiver. Report

2.     Wrongful or Mistaken Imprisonment and NERA – Consideration of a Memorandum proposing a project to review the application of excess time that a defendant has erroneously served in prison to reduce the period of parole supervision under the No Early Release Act, as discussed in State v. Njango, 247 N.J. 533 (2021). Memo

3.     Autobus - Consideration of a Memorandum proposing a project to review the use of the term “autobus” in the New Jersey’s Motor Fuel Tax Act, N.J.S. 54:39-112(a)(1) as discussed in Senior Citizens United Community Services, Inc. v. Director, Division of Taxation, 32 N.J. Tax 381, 385 (2021). Memo

4.     Theft of Immovable Property – Consideration of an Update Memorandum recommending the conclusion of the Commission’s work in this area. Memo

5.     Model Entity Transactions Act – Consideration of an Update Memorandum recommending the conclusion of the Commission’s work in this area. Memo

The April 21, 2022, meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, April 21, 2022, at 4:30 p.m. 

Any member of the public who wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

Meeting Agenda

1.     Disability Benefits After Leaving Public Employment - Consideration of a Draft Final Report proposing modifications to N.J.S. 43:15A-42 to clarify that eligibility for ordinary disability retirement benefits in the Public Employees’ Retirement System does not include PERS members who leave public employment before the onset of disability, as discussed in Murphy v. Bd. of Tr., Pub. Emp.’s Ret. Sys., 2019 WL 1646371 (App. Div. 2019). Report

 2.     Farmland Assessment - Consideration of a Draft Final Report recommending modification to N.J.S. 54:4-23.8 to provide consistency in the imposition of roll-back taxes. Report

 3.     Public Health Act - Consideration of a Draft Final Report proposing modifications of various statutes in Title 26, the Health and Vital Statistics Act, to create a consolidated definition section and eliminate duplicative definitions. Report   Appendix

 4.     Parentage – Consideration of a Memorandum containing updated draft language and a request for guidance from the Commission. Memo

 5.     Compulsory Civics Education - Consideration of a Memorandum examining the background and the current state of New Jersey law concerning compulsory civics education. Memo

 6.     Termination of Alimony – Consideration of a Memorandum proposing a project to clarify the information that must be submitted to the court in support of a motion to terminate alimony pursuant to N.J.S. 2A:34-23(n) as discussed in Temple v. Temple, 468 N.J. Super. 364 (App. Div. 2021). Memo

The New Jersey Law Revision Commission will meet on Thursday, March 17, 2022, at 4:30 p.m.

The March 17th meeting of the Commission will be held at the law offices of Porzio, Bromberg & Newman, P.C., at: 100 Southgate Parkway, Morristown, NJ 07962-1997.

Anyone wishing to attend the meeting in person will need to show proof of vaccination. Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

Meeting Agenda

1.     Re-Enrollment in PERS - Consideration of a Draft Tentative Report recommending modification to N.J.S. 43:15A-57.2b.(2) to clarify the scope of the “teaching role” exception to re-enrollment in the Public Employees’ Retirement System (PERS). Report

2.     Use of the Term “Inmate” – Consideration of a Draft Tentative Report proposing replacement of the term “inmate” with person-first or other updated language as appropriate.  Report  Appendix  

3.     Transfer of Jurisdiction in Tax Assessment Challenges - Consideration of an Update Memorandum regarding preliminary outreach and the legislative history of N.J.S. 54:3-21, and proposing clarification of the procedural mechanism for transferring jurisdiction to the Tax Court as discussed in 30 Journal Square Partners, LLC v. City of Jersey City, 32 N.J. Tax 91 (N.J. Tax 2020). Memo

4.     Audit Adjustments Involving Returns from Closed Years – Consideration of a Memorandum proposing a project to review the apparent conflict between the statutes applicable to situations in which an audit of current filings results in the application of revisions to closed filings that are otherwise beyond the statute of limitations, as discussed in R.O.P. Aviation, Inc. v. Dir., Div. of Tax'n, 32 N.J. Tax 346, 354 (2021). Memo

5. Property Taxation – Consideration of an Update Memorandum recommending the conclusion of the Commission’s work in this area. Memo

MEETING AGENDA

The New Jersey Law Revision Commission is continuing to comply with changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, Executive Orders issued by the Governor of the State of New Jersey, and recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.”  As a result, the February meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, February 17, 2022, at 9:30 a.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1.     Receivership Act -- Consideration of a Draft Final Report proposing a modification of the language of N.J.S. 2A:42-117 so that it is consistently permissive as discussed in Mfrs. and Traders Tr. Co. v. Marina Bay Towers Urban Renewal II, LP, 2019 WL 5395937 (App. Div. 2019).  Report

2.     “Personal Conveyance” in – N.J.S. 39:4-92.4 – Consideration of a Draft Tentative Report recommending modification of N.J.S. 39:4-92.4 to replace the term “personal conveyance” with the term “vulnerable user of a roadway.”  Report

3.  Inmate -- Consideration of a Memorandum proposing a project to consider eliminating the term “inmate” from the New Jersey statutes and replacing it with updated language where appropriate.  Memo

4. Workers Compensation - Recreational or Social Activities -- Consideration of a Memorandum proposing a project to clarify the scope of the “recreational or social activities” defense to a workers’ compensation claim in N.J.S. 34:15-7 as discussed in Goulding v. N.J. Friendship House, Inc., 245 N.J. 157 (2021). Memo

5.  Human Trafficking – Consideration of a Memorandum recommending that the Commission conclude work in this area at this time. Memo

6.   COLA proposal.

MEETING AGENDA

The New Jersey Law Revision Commission is continuing to comply with changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, Executive Orders issued by the Governor of the State of New Jersey, and recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.”  As a result, the January meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, January 20, 2022, at 10:00 a.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1.     Farmland Assessment – Consideration of a Draft Tentative Report recommending modification to N.J.S. 54:4-23.8 to provide consistency in the imposition of roll-back taxes. Report         

2.     Re-Enrollment in PERS – Consideration of an Update Memorandum proposing clarification of the “teaching role” exception in N.J.S. 43:15A-57.2b(2). Memo

3.   Strict Liability Vehicular Homicide – Consideration of an Update Memorandum recommending the conclusion of Commission work in this area. Memo

4.   Unemployment Benefits for the Wrongfully Incarcerated – Consideration of potential project to clarify the impact of N.J.S. 43:21-5(a) on an employee terminated from employment solely because of an arrest and pretrial detention, followed by a dismissal of the criminal charges, as discussed in Haley v. Bd. of Rev., Dept. of Lab., 245 N.J. 511 (2021). Memo

5.   Personal Conveyance as Used in N.J.S. 39:4-92.4 – Consideration of a potential project to recommend clarification of “personal conveyance” as used in N.J.S. 39:4-92.4 in the absence of a definition for that term. Memo

6.   Annual Report - Consideration of the Annual Report for 2021 for release and distribution.

7.   Proposed Meeting Dates - Consideration of proposed meeting dates to confirm the calendar for 2022.

MEETING AGENDA

The December 16th meeting of the Commission will be held at the law offices of Porzio, Bromberg & Newman, P.C., at: 100 Southgate Parkway, Morristown, NJ 07962-1997.

Anyone wishing to attend the meeting in person will need to show proof of vaccination.

The New Jersey Law Revision Commission will meet on Thursday, December 16, 2021, at 4:30 p.m.

 1.     County Commissioner - Consideration of a Draft Final Report recommending statutory modifications to eliminate references to the term “Freeholder” and “chosen freeholder” from the New Jersey statutes where appropriate. Report  Appendix

 2.     Indemnity - Consideration of a Draft Final Report recommending the clarification of the statutes pertaining to the defense or indemnification of State and County employees in legal actions (N.J.S. 59:10A-1 and N.J.S. 40A:14-117) as discussed in Kaminskas v. Office of the Attorney General, 236 N.J. 415 (2019). Report

 3.   Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act - Consideration of a Draft Final Report recommending modifications to New Jersey statutes to permit recognition of Canadian domestic violence protection orders through incorporation of relevant provisions of the Uniform Act and comments received. Report

4.   Title 26 – Health and Vital Statistics – Consideration of a Draft Tentative Report recommending changes to the Health Act to consolidate definitions as appropriate. Report  Appendix

5.   Public Hearing on Tenure Charges – Consideration of a Memorandum presenting a potential project to address the apparent inconsistency between provisions of the Tenured Employees Law and the Open Public Meetings Act as discussed in Simadiris v. Paterson Public School District, 466 N.J. Super 40 (App. Div. 2021). Memo

6.   Annual Report 2021 – Consideration of a draft of the Annual Report for 2021.

7.   Proposed Meeting Dates for 2022 – Consideration of proposed meeting dates for the upcoming year.

MEETING AGENDA

The New Jersey Law Revision Commission is continuing to comply with changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, Executive Orders issued by the Governor of the State of New Jersey, and recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.”  As a result, the November meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, November 18, 2021, at 10:00 a.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

 1.     Mistaken Imprisonment Act – Consideration of a Draft Final Report recommending modification of N.J.S. 52:4C-5 and 52:4C-6 to clarify the basis for determining when recovery under the Act is appropriate in cases involving multiple sentences. Report

2.     Mentally Incapacitated – Consideration of a Memorandum proposing a project to clarify the application of the term “mentally incapacitated” as defined in N.J.S. 2C:14-1. Memo

3.   Enforcement of Lost Notes – Consideration of a Memorandum proposing a project to clarify the language of N.J.S. 12A:3-309 to address the rights of an assignee of an instrument when the original version of the instrument was lost before it was assigned, as discussed in Inv’rs Bank v. Torres, 243 N.J. 25, 29-30 (2020). Memo

4.   Transfer of Jurisdiction in Tax Assessment Challenges – Consideration of a Memorandum proposing a project to clarify the language of N.J.S. 54:3-21 to address the procedural mechanism for transferring jurisdiction to the Tax Court in cases of dual filings by opposing parties as discussed in 30 Journal Square Partners, LLC v. City of Jersey City, 32 N.J. Tax 91, 96 (N.J. Tax 2020). Memo  

5.  Treatment to an Injured Worker – Consideration of a Memorandum proposing a project to modify the Workers’ Compensation Act to clarify the time within which an employer must furnish medical, hospital, or other treatment pursuant to N.J.S. 34:15-15. Memo

MEETING AGENDA

The New Jersey Law Revision Commission is continuing to comply with changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, Executive Orders issued by the Governor of the State of New Jersey, and recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.”  As a result, the October meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, October 21, 2021, at 10:00 a.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1.     Inhabitant – Consideration of a Draft Final Report proposing a modification of the New Jersey Law Against Discrimination to address the potential ambiguity in the scope of the Act’s protection as discussed in Calabotta v. Phibro Animal Health Corp., 460 N.J. Super. 38 (App. Div. 2019). Report

2.     Reasonable Cause – Consideration of a Draft Final Report proposing the modification of search and seizure statutes to refer to “probable cause” rather than “reasonable cause” as discussed by the Court in State v. Hemenway, 239 N.J. 111 (2019). Report

3.   Receivership Act – Consideration of a Draft Tentative Report proposing a modification of the language of N.J.S. 2A:42-117 so that it is consistently permissive as discussed in Mfrs. and Traders Tr. Co. v. Marina Bay Towers Urban Renewal II, LP, 2019 WL 5395937 (App. Div. 2019). Report

4.   Eminent Domain Interest Rate – Consideration of a Memorandum proposing a project to address conflicting statutory provisions pertaining to the interest rate on just compensation awards in the Eminent Domain context as discussed in State by Comm’r of Transp. v. St. Mary’s Church Gloucester, 464 N.J. Super. 579, 587 (2020). Memo

 5.  Standard Form Contracts – Consideration of an updated Revised Draft Final Report updating of the Commission’s earlier work in this area. Report

MEETING AGENDA

The New Jersey Law Revision Commission is continuing to comply with changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, Executive Orders issued by the Governor of the State of New Jersey, and recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.”  As a result, the September meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, September 16, 2021, at 4:30 p.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Jessica Lunsford Act - Consideration of a Draft Final Report proposing the clarification of the Jessica Lunsford Act (N.J.S. 2C:14-2) to address constitutional questions considered by the New Jersey Supreme Court in State v. A.T.C., 239 N.J. 450 (2019). Report

2. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act - Consideration of a Revised Draft Tentative Report proposing modifications to New Jersey statutes to permit recognition of Canadian domestic violence protection orders through incorporation of relevant provisions of the Uniform Act and comments received. Report

3. Freeholder; chosen freeholder - Consideration of a Draft Tentative Report proposing statutory modifications to eliminate references to the term “Freeholder” and “chosen freeholder” from the New Jersey statutes where appropriate.      Report  Appendix

4. Indemnity - Consideration of a Draft Tentative Report proposing to clarify the statutes pertaining to the defense or indemnification of State and County employees in legal actions (N.J.S. 59:10A-1 and N.J.S. 40A:14-117) as discussed in Kaminskas v. Office of the Att’y General, 236 N.J. 415 (2019). Report

5. Endangering the Welfare of a Child - Consideration of a Draft Tentative Report proposing a project to modify the phrase “impairing or debauching the morals of a child” (N.J.S. 2C:24-4) as discussed in State v. Johnson, 460 N.J. Super. 481 (Law Div. 2019). Report  50 State Survey

6. Expungement - Consideration of a Memorandum proposing a project regarding the meaning of “closely related circumstances” in New Jersey’s Expungement statute, N.J.S. 2C:52-2, and as discussed in the matter of C.P.M., 461 N.J. Super. 573, 577 (App. Div. 2019), cert. denied, 241 N.J. 204 (2020). Memo

MEETING AGENDA

The New Jersey Law Revision Commission is continuing to comply with changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, Executive Orders issued by the Governor of the State of New Jersey, and recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.”  As a result, the July meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, July 15, 2021, at 4:30 p.m. 

Any member of the public who wishes to submit comments on any agenda item, or to participate in the meeting, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Workers’ Compensation – Statute of Limitation - Consideration of a Draft Final Report proposing modifications to clarify the statute of limitations in Workers Compensation actions (N.J.S. 34:15-15 and N.J.S. 34:15-51) as discussed in Plastic Surgery Center, P.A., v. Malouf Chevrolet-Cadillac, Inc., 241 N.J. 11 (2020). Report

2. Traumatic Event – Consideration of an Update Memorandum containing proposed changes to the draft statutory language of N.J.S. 43:16A-7 made in response to suggestions by commenters and seeking Commission guidance. Update Memo

 3. Final Protective Order Factors – Consideration of a Memorandum proposing a project to modify the language of N.J.S. 2C:14-16, subsection a., to clarify the factors a court is required to consider during a hearing on a final protective order. Memo

 4. Interpretation of the Receivership Act – Consideration of a Memorandum proposing a project to modify the language of N.J.S. 2A:42-117 in response to the determination of the New Jersey Appellate Division in Manufacturers & Traders Tr. Co. v. Marina Bay Towers Urban Renewal II, LP, 2019 WL 5395937 (App. Div. 2019). Memo

 5. Vehicular Homicide Sentencing – Consideration of a Memorandum proposing a project to clarify the intersection of N.J.S. 2C:11-5.3 and N.J.S. 2C:44-1, subsection b.(5), with regard to the sentencing of a defendant for vehicular homicide as discussed in State v. Passucci, 463 N.J. Super. 203 (App. Div. 2020).  Memo

 6. Tort Claims Act and wrongful imprisonment claims – Consideration of a Memorandum proposing a project to modify N.J.S. 59:9-2 in response to the issues raised by Nieves v. Off. of the Pub. Def., 241 N.J. 567, 575 (2020). Memo

7. Farmland Assessment Act –Consideration of a Memorandum proposing a project to modify the statute to clarify whether the cessation of farming activity subjects the landowner to “roll-back taxes”, as discussed in Balmer v. Twp. of Holmdel, 2019 WL 6716716 (Tax Ct. 2019). Memo