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