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 21, 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. Temporary Disability Benefits to Certain Volunteers and Other Workers – Consideration of a Draft Final Report proposing modification of N.J.S. 34:15-75 to clarify that volunteers injured in the line of duty qualify for temporary disability coverage even if they are not employed at the time of the injury as discussed in Kocanowski v. Twp. of Bridgewater, 237 N.J. 3 (2019). Report

2. School District of Residence - Consideration of a Draft Tentative Report proposing modification of N.J.S. 18A:36A-12 to define the term “school district of residence” as discussed in Bd. of Educ. of Twp. of Piscataway v. New Jersey Dept. of Educ., 2019 WL 2402545 (App. Div. Jun. 07, 2019). Report

3. Workhouse - Consideration of a Draft Tentative Report proposing statutory modifications to eliminate references to the term “workhouse” from the New Jersey statutes where appropriate. Report

4. Local Gov’t Ethics - Consideration of a Draft Tentative Report proposing modifications to clarify the standard by which an individual may be found to have violated the Local Government Ethics Law (N.J.S. 40A:9-22.5(c)), as discussed in Mondsini v. Local Fin. Bd., 458 N.J. Super. 290 (App. Div. 2019). Report

5. Alimony Modification in Anticipation of Prospective Retirement – Consideration of an Update Memorandum regarding the results of Staff research in this area, and seeking guidance as to the continuance or conclusion of the project. Update Memo

6.  Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act - Consideration of a Memorandum regarding the Uniform Act and the manner in which potential enactment would align with the New Jersey Prevention of Domestic Violence Act, N.J.S. 2C:25-17 et seq. Memo

7. Mistaken Imprisonment – Consideration of an Update Memorandum concerning proposed modifications to the Mistaken Imprisonment Act in response to Kamienski v. State Department of Treasury, 451 N.J. Super. 499 (App. Div. 2017) (specifically N.J.S. 52:4C-4, 52:4C-5, and 52:4C-6). Memo

8. Disability Benefits After Leaving Public Employment — Consideration of a Memorandum proposing a project to determine whether or not it would be useful to modify N.J.S. 43:15A-42 clarify whether it permits the extension of ordinary disability retirement benefits to PERS members who leave public sector 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). Memo

9. County Committee – Consideration of a Memorandum proposing a project to clarify the standards for election of an individual to a county committee as set forth in N.J.S. 19:5-3 and discussed in Hartman v. Covert, 303 N.J. Super. 326 (Law. Div. 1997) and Central Jersey Progressive Democrats v. Flynn, MER L 000732-19, slip op. at 2 (Law Div. Sep. 02, 2020). Memo

10. Annual Report 2020 – Consideration of the draft Annual Report for 2020.