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