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.

The New Jersey Law Revision Commission is complying with recent changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, as well as Executive Orders issued by the Governor of the State of New Jersey, and the 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 30, 2020, 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 at: lct@njlrc.org

MEETING AGENDA

1.     Aggravated Assault – Consideration of a Draft Final Report recommending modification of the aggravated assault statute to address the throwing of bodily fluids in violation of N.J.S. 2C:12-13, as discussed in State v. Majewski, 450 N.J. Super. 353 (App. Div. 2017) and in light of recent events. Report

2.     Pending Tenure Charges & Back Pay - Consideration of Draft Final Report recommending modification of N.J.S. 18A:6-14 to include circumstances addressed by the Appellate Division in Pugliese v. State-Operated School District of City of Newark, 454 N.J. Super. 495 (App. Div. 2018). Report

3.     Magistrate – Consideration of a Draft Final Report recommending the elimination of the term “magistrate” from the New Jersey statutes. Report  Appendix

4.     Local Lands and Building Laws – Bidding - Consideration of a Revised Draft Tentative Report proposing modifications to N.J.S. 40A:12-5(a)(3), to clarify that the acquisition of real property, under certain circumstances, is subject to the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) and that the construction or repair of any capital improvement as a condition of acquisition of acquisition is subject to the Prevailing Wage Act (N.J.S. 34:11-56.25 et seq.) Report

5.     Traumatic Event – Consideration of a Draft Tentative Report proposing clarification of the term “traumatic event” in the Accidental Disability Retirement Benefits statute (N.J.S. 43:16A-7) as discussed in Moran v. Bd. of Trs., Police & Firemen’s Ret. Sys., 438 N.J. Super. 346 (App. Div. 2014) and Mount v. Bd. of Trs., Police & Firemen’s Ret. Sys., 233 N.J. 402 (2018). Report

6.     Reasonable Cause - Consideration of a Memorandum proposing to clarify the standard for obtaining a search warrant for weapons in a domestic violence matter pursuant to N.J.S. 2C:25-28(j) and as discussed in State v. Hemenway, 239 N.J. 111 (2019). Memo

7.     Indemnity - Consideration of a Memorandum 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 Attorney General, 236 N.J. 415 (2019). Memo

8.     Telephone Company Taxation – Consideration of a Memorandum proposing to clarify the statutory language concerning the calculation of telephone company taxation (N.J.S. 54:4-1) as discussed in Verizon N.J., Inc. v. Borough of Hopewell, 31 N.J. Tax 49, 61 (N.J. T.C. 2019). Memo

Update Memorandum

9.     Mandatory Property Tax Refund - Update regarding additional research performed on the issue considered in the Final Report regarding property tax refunds (N.J.S. 54:4-54). Memo

Note: *Next meeting scheduled for 09/17/20.*

The New Jersey Law Revision Commission is complying with recent changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, as well as Executive Orders issued by the Governor of the State of New Jersey, and the recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.” 

As a result, the June meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, June 18, 2020, 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 at: lct@njlrc.org

MEETING AGENDA

1.     Games of Chance – Consideration of a Revised Draft Final Report updating the revision of the law regulating bingo, raffles, and amusement games, collectively called “legalized games of chance”, found in N.J.S. 5:8-1 through N.J.S. 5:8-130. Report  Table of Disposition  Quick Reference

2.     Kidnapping – Consideration of a Draft Tentative Report proposing modifications to the “unharmed release” provision of New Jersey’s kidnapping statute, N.J.S. 2C:13-1(c)(1) as discussed in State v. Sherman, 367 N.J. Super. 324 (App Div. 2004) and State v. Nunez-Mosquea, 2017 WL 3623378 (App. Div. Aug. 24, 2017). Report

3.     Interpretive Statement – Consideration of a Revised Draft Tentative Report proposing modifications to N.J.S. 19:3-6 as to whether the interpretive statement that accompanies a public ballot question must be drafted by the governing body pursuant to the discussion in Desanctis v. Borough of Belmar, 455 N.J. Super. 316 (App. Div. 2018) and based on the guidance of the Commission. Report

4.     Workers Compensation - Statute of Limitations – Consideration of a Draft Tentative 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. 112 (Feb. 03, 2020). Report

5.     Uniform Wage Garnishment Act – Consideration of a brief Memorandum describing some of the provisions of the Uniform Act and seeking Commission guidance about whether to move forward with a project in this area. Memo  UWGA - Final Act

6.     Child Endangerment – As a result of New Jersey Supreme Court’s decision in State v. Fuqua, 234 N.J. 583 (2018), this Update Memorandum sets forth the results of a 50 State-survey on the topic of child endangerment and includes a discussion of the range of behavior that has resulted in the conviction of the accused. Memo Results of 50-state survey

7.     Remarriage – Consideration of a Memorandum regarding the status of the project pertaining to remarriage for purpose of alimony (N.J.S. 2A:34-23) and seeking Commission guidance. Memo

Note: *Next meeting scheduled for 07/16/20.*

The New Jersey Law Revision Commission is complying with recent changes to New Jersey’s Senator Byron M. Baer Open Public Meetings Act, as well as Executive Orders issued by the Governor of the State of New Jersey, and the recommendations issued by the Center for Disease Control and Prevention (CDC) regarding “social distancing.” 

As a result, the May meeting of the New Jersey Law Revision Commission will be conducted remotely on Thursday, May 21, 2020, 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 at: lct@njlrc.org

Meeting Agenda

1.     “Confinement”, Definition of - Consideration of a Draft Final Report proposing modifications to the language of N.J.S. 2C:44-3(a), clarifying the definition of “confinement”, as discussed in State v. Clarity, 454 N.J. Super. 603 (App. Div. 2018). Report

2.     Probation – Clarification of “Satisfactory Completion” - Consideration of a Draft Final Report proposing modifications to New Jersey’s expungement statute, N.J.S. 2C:52-2, to clarify “satisfactory completion” of probation as discussed in Matter of E.C., 454 N.J. Super. 48, 53 (App. Div. 2018). Report

3.     Magistrate – Consideration of a Draft Tentative Report proposing the elimination of the term “magistrate” from the New Jersey statutes. Report  Appendix

4.     Local Lands and Building Laws – Bidding - Consideration of a Revised Draft Tentative Report proposing a modification to N.J.S. 40A:12-5(a)(3), to clarify when the acquisition, construction, or repair of a capital improvement as a condition of the acquisition of real property is subject to the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.). Report

5.     Aggravated Assault – Consideration of a Revised Draft Tentative Report concerning the throwing of bodily fluids in violation of N.J.S. 2C:12-13, as discussed in State v. Majewski, 450 N.J. Super. 353 (App. Div. 2017) and in light of recent events. Report

6.     Parentage – Consideration of a Memorandum proposing a substantive revision to the Commission’s previously-released project in this area of the law. Memo

7.     Workers’ Comp - Statute of Limitations – Consideration of a Memorandum providing the results of preliminary outreach regarding clarification of the statute of limitations in Workers Compensation statutes (N.J.S. 34:15-51 and N.J.S. 34:15-15) as discussed in Plastic Surgery Center, P.A., v. Malouf Chevrolet-Cadillac, Inc., 2020 WL 521659 *1 (2020). Memo

8.     PLIGAA – Consideration of a Memorandum providing a research update regarding the offset provision contained in the New Jersey Property-Liability Insurance Guaranty Association Act, N.J.S. 17:30A-1 et seq. as discussed in Oyola v. Xing Lan Liu, 431 N.J. Super. 493 (App. Div. 2013), and seeking Commission guidance. Memo

*Next meeting scheduled for 06/18/20*