New Jersey Law Revision Commission
New Jersey Law Revision Commission

Events

Nov
21
10:00 AM10:00

Commission Meeting

  • New Jersey Law Revision Commission (map)
  • Google Calendar ICS

The New Jersey Law Revision Commission will meet on Thursday, November 21, 2019, at 10:00 a.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

1. Mandatory Sentencing: Consideration of a Draft Final Report proposing modifications to statutes concerning mandatory sentencing in response to case law discussing factors that require a jury determination along with a Memorandum discussing comments received. Report Memo

2. Definition of “Marital Status”: Consideration of a Draft Final Report proposing modifications to N.J.S. 1:12A-8 to reflect the treatment of the term “marital status” by the New Jersey Supreme Court in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016) and in response to comments received, along with a Memorandum concerning the definition of “protected class” as used in Title 10. Report  Memo  Chart

3. Harassment: Consideration of a Revised Draft Tentative Report proposing the modification of N.J.S. 2C:33–4 to criminalize expressive activity narrowly in order to avoid any conflict with constitutionally protected free speech as discussed in State v. Burkert, 231 N.J. 257 (2017). Report  

4. Statute of Limitations: Consideration of a Draft Tentative Report proposing the modification of N.J.S. 39:6A-9.1 to clarify the event that triggers the statute of limitations in matters involving Personal Injury Protection (PIP) claims as considered by the Court in Abdulai v. Casabona et al., 2016 WL 1334539 (App. Div. 2016). Report

5. Property Tax Refund: Consideration of a Draft Tentative Report proposing modifications to N.J.S. 54:4-54, to clarify that a municipality must refund property taxes mistakenly paid, as discussed in Hanover Floral Co. v. East Hanover Township, 30 N.J. Tax 181 (N.J. Tax 2017). Report

6. Hearsay: Consideration of a Memorandum providing a status update to the Commission regarding the modification of a statute to clarify a hearsay evidence issue found in N.J.S. 9:6–8.46 pertaining to child abuse and neglect proceedings. Memo

7. Definition of “Traumatic Event”: Consideration of a Memorandum proposing a project to define the meaning of the term “traumatic event” as it appears in N.J.S.A 43:16A-7a(1), and as discussed in Mount v. Board of Trustees, Police and Firemen’s Retirement System, 233 N.J. 402 (2018). Memo

8. Clarification of “Interpretive Statement” question: Consideration of a Memorandum proposing a project to clarify N.J.S. 19:3-6, explaining which municipal actor has the authority to draft and submit an interpretive statement with a referendum ballot, as discussed in Desanctis v. Borough of Belmar, 455 N.J. Super. 316 (App. Div. 2018). Memo

                   * Next meeting currently scheduled for December 19, 2019.*

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Oct
17
10:00 AM10:00

Commission Meeting

  • New Jersey Law Revision Commission (map)
  • Google Calendar ICS

The New Jersey Law Revision Commission will meet on Thursday, October 17, 2019, at 10:00 a.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

1. Standard Form Contracts: Consideration of a Revised Draft Final Report on Standard Form Contracts modified in response to concerns raised by Commissioners and commenters. Report 

2. Definition of “Actor” for purposes of N.J.S. 2C:1-6(c): Consideration of a Draft Final Report to define the term “actor” in the context of the DNA-tolling provision contained in N.J.S. 2C:1-6(c) and discussed in State v. Twiggs, 216 N.J. 513 (2018). Report

3. Bail Jumping: Consideration of a Draft Tentative Report proposing modifications to New Jersey’s Bail Jumping Statute, N.J.S. 2C:29-7, as discussed in State v. Emmons, 397 N.J. Super. 112 (App. Div. 2007) and State v. Morris, 2018 WL 4701675 (App. Div. 2018). Report

4. Charitable Registration and Investigation Act: Consideration of a Draft Tentative Report proposing modifications to selected statutes within the Charitable Registration and Investigation Act (CRI) (N.J.S. 45:17A-18 et seq.) after a review of the Model Protection of Charitable Assets Act (MPCAA). Report  Appendix

5. Local Lands and Building Laws – Lease: Consideration of a Draft Tentative Report to repeal N.J.S. 40A:12-24 which does not require a governmental unit to seek public bids before leasing public property, not needed for public use, to a private person; and is inconsistent with the public bidding requirements found in both N.J.S. 40A:12-14 and the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.). Report

6. Books and Records of Account: Consideration of a Memorandum proposing a project to define the meaning of the term “books and records of account” as used in N.J.S. 14A:5-28 and as discussed in Feuer v. Merck & Co., Inc., 455 N.J. Super. 69 (App. Div. 2018). Memo

7. Preemption: Consideration of a Memorandum proposing a project to determine whether it would be appropriate to modify § (e) of N.J.S. 54:10A-5a in response to the discussion of federal preemption in Stanislaus Food Products Co. v. Director, Div. of Taxation, No. 011050-2017, 2019 WL 2720346 (N.J. Tax, June 28, 2019). Memo

8. Definition of “Award”: Consideration of a Memorandum clarifying the meaning of “award” as it appears in the Gross Income Tax Act, N.J.S. 54A:5-1, as discussed in Kite v. Director, Division of Taxation, 453 N.J. Super. 146 (App. Div. 2018). Memo

                   * Next meeting currently scheduled for November 21, 2019.*

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Sep
19
4:30 PM16:30

Commission Meeting

  • Rutgers Law School (Baker Courtroom) (map)
  • Google Calendar ICS

The New Jersey Law Revision Commission will meet on Thursday, September 19, 2019, at 4:30 p.m. in the:

 Baker Courtroom at Rutgers Law School, 123 Washington Street, Newark, NJ 07102

1. Hearsay - Consideration of a Draft Final Report proposing the modification of a statute to clarify a hearsay evidence issue found in N.J.S. 9:6–8.46 pertaining to child abuse and neglect proceedings. Memo Report

2.Residence” for Sex Offender Registration - Consideration of a Draft Final Report proposing the modification of N.J.S. 2C:7-2 to deal with the registration of secondary addresses for sex offenders in response to State v. Halloran, 446 N.J. Super. 381 (L. Div. 2014) and an additional change to the statutes in response to the determination of the New Jersey Supreme Court in State In the Interest of C.K., 2018 WL 1915104 (2018). Report

3. Voided Election - Consideration of a Draft Final Report proposing the modification of Title 18A:9-1 et seq. to clarify the effect of voided election results on future ballot initiatives as discussed in City of Orange Twp. Bd. of Educ. v. City of Orange Twp., ESX-L-6652-17 (Ch. Div. Oct. 20, 2017). Report

4. Definition of “Marital Status” - Consideration of a Revised Draft Tentative Report proposing modifications to the language of N.J.S. 10:5-5 and 10:5-2.1 to reflect the treatment of the term “marital status” by the New Jersey Supreme Court in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016) and in response to comments received by stakeholders. Report

5. Evidentiary Standard for a Final Restraining Order Under the Sexual Assault Survivor Protection Act - Consideration of a Memorandum providing a status update to the Commission and requesting guidance regarding additional work in the area of Sexual Assault Survivor Protection Act of 2015 (SASPA), N.J.S. 2C:14-16. Memo

6. Local Lands and Building Laws – Bidding - Consideration of a Memorandum proposing a project to clarify whether the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) applies to the acquisition of real property, capital improvement, or personal property by a County or municipality, pursuant to the Local Lands and Building Laws, specifically N.J.S. 40A:12-5(a)(3). Memo

7. Completion of Probation and N.J.S. 2C:52-2(a) – Consideration of a Memorandum proposing a project to clarify the meaning of the term “satisfactory” as used in N.J.S. 2C:52-2(a) of the expungement statute and as discussed in Matter of E.C., 454 N.J. Super. 48 (App. Div. 2018). Memo

8. Confinement – Consideration of a Memorandum proposing a project to clarify the meaning of the term “confinement” as used in N.J.S. 2C:44-3(a) and as discussed in State v. Clarity, 454 N.J. Super. 603 (App. Div. 2018). Memo

* Next meeting currently scheduled for October 17, 2019.

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Jun
20
4:30 PM16:30

Commission Meeting

The New Jersey Law Revision Commission will meet on Thursday, June 20, 2019, at 4:30 p.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

1. Imputing Negligence to a Public Entity - Consideration of a Draft Final Report proposing the addition of language to N.J.S. 40A:11-19 and 18A:18A-41 regarding imputing third party negligence to a public entity. WORD || PDF

2. Misconduct and Unemployment Benefits - Consideration of a Draft Final Report regarding workplace misconduct and unemployment benefits, and the subsequent legislation addressing the issue raised in In Re N.J.A.C. 12:17-2.1, 450 N.J. Super. 152 (App. Div. 2017) WORD || PDF

3. Definition of “Actor” for Purposes of N.J.S. 2C:1-6(c) - Consideration of a Revised Draft Tentative Report to define the term “actor” in the context of the DNA-tolling provision contained in N.J.S. 2C:1-6(c) and discussed in State v. Twiggs, 216 N.J. 513 (2018). WORD || PDF 

4. Meaning of widow in N.J.S. 54:4–3.30 - Consideration of a Memorandum outlining options for a definition of widow in N.J.S. 54:4–3.30 WORD || PDF

5. Statute of Limitations, Worker’s Compensation - Consideration of a Memorandum proposing a project to clarify whether the common law statute of limitations, or N.J.S. 34:15-51, applies to matters involving disputed claims by medical providers in worker’s compensation cases as discussed in Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., 2019 WL 256698 (App. Div. 2019).  WORD || PDF

6. Harassment - N.J.S. 2C:33-4 - Consideration of a Memorandum suggesting revision of N.J.S. 2C:33-4 concerning Harassment  WORD || PDF

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May
16
4:30 PM16:30

Commission Meeting

The New Jersey Law Revision Commission will meet on Thursday, May 16, 2019, at 4:30 p.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

  1. Revised Standard Form Contracts - Consideration of a Revised Draft Final Report on Standard Form Contracts that has been modified for Commission consideration in response to comments received at the April Commission meeting.
    WORD | PDF

  2. Revised Uniform Athlete Agents Act - Consideration of a Draft Final Report recommending no further action by the Commission in this area at this time.
    WORD | PDF

  3. Definition of “Actor” for Purposes of N.J.S. 2C:1-6(c) - Consideration of a Draft Tentative Report to proposing statutory changes to define the term “actor” in the context of the DNA-tolling provision contained in N.J.S. 2C:1-6(c) and discussed in State v. Twiggs, 216 N.J. 513 (2018).
    WORD | PDF

  4. Mandatory Sentencing - Consideration of a Draft Tentative Report relating to Mandatory Sentencing proposing statutory modifications in response to case law concerning factors that require a jury determination.
    WORD | PDF

  5. Definition of “Tumultuous” - Consideration of a Revised Draft Tentative Report recommending modifications to the statute to clarify “public” and “tumultuous” in the context of disorderly conduct (N.J.S. 2C:33-2(b)) as discussed in State v. Finneman, 2017 WL 4448541 (App. Div. 2017).
    WORD | PDF

  6. Foreclosure - Consideration of a Memorandum proposing a potential project to modify the language of N.J.S. 2A:50-56.1 to address the issue of retroactive application.
    WORD | PDF

The minutes for this meeting will be made available pending approval of the Comissioners

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May
16
to Jul 8

Definition of "Tumultuous" Comment Period

The New Jersey Law Revision Commission is required to “[c]onduct a continuous examination of the general and permanent statutory law of this State and the judicial decisions construing it” and to propose to the Legislature revisions to the statutes to “remedy defects, reconcile conflicting provisions, clarify confusing language and eliminate redundant provisions.” N.J.S. 1:12A-8.                                

This Report is distributed to advise interested persons of the Commission's tentative recommendations and to notify them of the opportunity to submit comments. Comments should be received by the Commission no later than July 08, 2019.

 The Commission will consider these comments before making its final recommendations to the Legislature. The Commission often substantially revises tentative recommendations as a result of the comments it receives. If you approve of the Report, please inform the Commission so that your approval can be considered along with other comments. Please send comments concerning this Report or direct any related inquiries, to:

John M. Cannel, Retired, Reviser of Statutes
Samuel M. Silver, Deputy Director

New Jersey Law Revision Commission
153 Halsey Street, 7th Fl., Box 47016
Newark, New Jersey 07102

973-648-4575
(Fax) 973-648-3123

Email: sms@njlrc.org
Web site:  www.njlrc.org

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