From the NJ State Chamber of Commerce
TRENTON WATCH
November 19, 2010
Tracking Legislation and Other Items Important to the Business Community:
EDUCATION
Senate Education Committee Education Cost Savings - S-2309 (Gordon/D-38; Vitale/D-19): Committee passed. This bill permits the board of education of any school district to enter into a contract for the sale of advertising space on the outside of school buses owned or leased by the school district. The bill requires that 50 percent of revenues generated by the sale must be used to offset the fuel costs of providing transportation services to students, and the remaining 50 percent is to be used to support educational programs and services. Advertisements for tobacco, alcohol or political advocacy would be prohibited, in addition to any other advertisements that the Commissioner of Education considers inappropriate. Contact: Michael Egenton
Senate Education Committee S-2309 Vote: Ruiz, Teresa (Chair) - Yes; Whelan, Jim (Vice Chair) - Yes; Allen, Diane - Yes; Turner, Shirley - Yes
ENERGY
Assembly Appropriations Committee
Energy Incentives - A-2215 (McKeon/D-27; Chivukula/D-17; Pou/D-35; Conaway/D-7): Committee passed. This bill requires the New Jersey Economic Development Authority, in consultation with the Commissioner of Community Affairs, to establish and administer a program that makes low-interest loans available to a developer or redeveloper who constructs a new building or renovates an existing building that, when completed, qualifies as a "high performance green building." Contact: Michael Egenton
Assembly Appropriations Committee A-2215 Vote: Pou, Nellie (Chair) - Yes; Addiego, Dawn Marie - Yes; Barnes, Peter - Yes; Conaway, Herb - Yes; DiMaio, John - Yes; Greenwald, Louis - Yes; McKeon, John - Yes; Peterson, Erik - Yes; Stender, Linda - Yes; Thompson, Samuel - Abstain; Vainieri Huttle, Valerie - Yes
ECONOMIC DEVELOPMENT
Senate Budget and Appropriations / Assembly Commerce and Economic Development
Expansion of BRRAG - S-2370 (Madden/D-4; Kyrillos/R-13) and A-3389 (Oliver/D-34; Coutinho/D-29; Bucco/R-25; Bramnick/R-21): Committees passed. These bills broaden availability of the Business Retention and Relocation Assistance Grant (BRRAG) Program, which provides tax credits to businesses that retain jobs in New Jersey. Under these bills, businesses may be eligible to receive credits without requiring them to relocate jobs if they make a capital investment equal to or greater than the total value of the grants to be received. The bills increase the amount of the award for projects with a larger number of jobs retained and provide for a net benefits test, in which potential grant recipients must prove that the state would see a net benefit from providing the tax credit - the projected tax revenue must be greater than the credits awarded under BRRAG. These changes will increase the utility of the program and help keep more jobs in state. Contact: Mary Ellen Peppard
Senate Budget and Appropriations Committee S-2370 Vote: Sarlo, Paul (Chair) - Yes; Stack, Brian (Vice Chair) - Yes; Bucco, Anthony - Yes; Buono, Barbara - Yes; Cunningham, Sandra - Yes; Doherty, Michael - Yes; O'Toole, Kevin - Yes; Oroho, Steven - Yes; Pennacchio, Joseph - Yes; Ruiz, Teresa - Yes; Smith, Bob - Yes; Sweeney, Stephen - Yes; Van Drew, Jeff - Yes
Assembly Commerce and Economic Development Committee A-3389 Vote: Coutinho, Albert (Chair) - Yes; Lampitt, Pamela (Vice Chair) - Yes; Bucco, Anthony - Yes; DiCicco, Domenick - Yes; Fuentes, Angel - Yes; Quigley, Joan - Yes; Watson Coleman, Bonnie - Yes
Assembly Commerce and Economic Development Committee
Expansion of Urban Transit Hub Tax Credit - A-3143 (Greenwald/D-6; Quijano/D-20; Lampitt/D-6; Ramos/D-33): Committee passed. This bill expands the Urban Transit Hub Tax Credit (UTHTCA) program which allows a business to receive tax credits of up to 100 percent of its qualified capital investment in a business facility that is located in an urban transit hub and employs at least 250 persons at the facility. This bill extends eligibility for these credits to businesses in a mixed-use project comprising both a qualified business facility and a qualified residential project, neither of which by itself satisfies the total investment minimum of $50 million. The investment in each component of the mixed-use project must amount to at least $17.5 million, and the total amount invested in the mixed use project as a whole must be at least $50 million. Contact: Mary Ellen Peppard
Assembly Commerce and Economic Development Committee A-3143 Vote: Coutinho, Albert (Chair) - Yes; Lampitt, Pamela (Vice Chair) - Yes; Bucco, Anthony - Abstain; DiCicco, Domenick - Yes; Fuentes, Angel - Yes; Quigley, Joan - Yes; Watson Coleman, Bonnie - Yes
Assembly Commerce and Economic Development Committee
Modernizing Plan Approvals - A-3295 (Coutinho/D-29; Quigley/D-32; Wagner/D-38; Watson-Coleman/D-15): Committee passed. This bill amends the Municipal Land Use Law by expanding the availability of General Development Plan approvals to projects with a nonresidential floor area of 150,000 square feet or more or with 100 residential dwelling units or more. It is for sites of 100 acres or less in smart growth areas. This change reflects the current necessity for vertical development. Contact: Mary Ellen Peppard
Assembly Commerce and Economic Development Committee A-3295 Vote: Coutinho, Albert (Chair) - Yes; Lampitt, Pamela (Vice Chair) - Yes; Bucco, Anthony - Yes; DiCicco, Domenick - Yes; Fuentes, Angel - Yes; Quigley, Joan - Yes; Watson Coleman, Bonnie - Yes
Assembly Commerce and Economic Development Committee
Business Incentive Enhancements - A-3353 (Coutinho/D-29; Watson Coleman/D-15; Fuentes/D-5; Lampitt/D-6): Committee passed. This bill establishes the New Jersey Closing Fund, which authorizes the State Treasurer to grant an award to projects that require additional resources to locate or remain in the State if these projects will significantly benefit the state. This bill is designed to address the competition that companies face from other states and to complement our existing business attraction and retention programs. Contact: Mary Ellen Peppard
Assembly Commerce and Economic Development Committee A-3353 Vote: Coutinho, Albert (Chair) - Yes; Lampitt, Pamela (Vice Chair) - Yes; Bucco, Anthony - Abstain; DiCicco, Domenick - Yes; Fuentes, Angel - Yes; Quigley, Joan - Yes; Watson Coleman, Bonnie - Yes
Assembly Commerce and Economic Development Committee
Assistance for Technology Companies - A-3445 (Chivukula/D-17; Coutinho/D-29): Committee passed. This bill establishes a lease guaranty program for emerging technology and biotechnology programs. The New Jersey Economic Development Authority would provide a guarantee of funds for a company's lease security deposit. Contact: Mary Ellen Peppard
Assembly Commerce and Economic Development Committee A-3445 Vote: Coutinho, Albert (Chair) - Yes; Lampitt, Pamela (Vice Chair) - Yes; Bucco, Anthony - No; DiCicco, Domenick - No; Fuentes, Angel - Yes; Quigley, Joan - Yes; Watson Coleman, Bonnie - Yes
Assembly Housing and Local Government Committee
Changes to COAH - A-3447 (Green/D-22; Jasey/D-27): Committee passed. This bill abolishes the Council on Affordable Housing and permits municipalities to control planning for affordable housing within their boundaries. Municipalities would meet their affordable housing obligations by setting aside 10 percent of their housing as long term affordable low and moderate income housing. The State Chamber believes that this bill is harmful to economic growth because it includes a phase in of a 2.5 percent nonresidential developer fee. Contact: Michael Egenton
Assembly Housing and Local Government Committee A-3447 Vote: Green, Jerry (Chair) - Yes; Jasey, Mila (Vice Chair) - Yes; Carroll, Michael Patrick - No; Riley, Celeste - Yes; Scalera, Frederick - Yes; Vandervalk, Charlotte - Abstain
HEALTH
Assembly Health and Senior Services Committee
Increased Healthcare Costs - A-1997 (Conaway/D-7; Quigley/D-32): Committee passed. This bill permits an individual covered by certain managed care plans to receive covered services from a network provider without obtaining written referral from a primary care provider. This process bypasses any notice to the carrier, does not clearly articulate how enforcement will take place and will raise the cost of coverage. Contact: Michael Egenton
Assembly Health and Senior Services Committee A-1997 Vote: Conaway, Herb (Chair) - Yes; Wagner, Connie (Vice Chair) -Yes; Angelini, Mary Pat - Yes; Green, Jerry - Yes; Greenstein, Linda - Yes; Handlin, Amy - Yes; Munoz, Nancy - Yes; Polistina, Vincent - Yes; Quigley, Joan - Yes; Riley, Celeste - Yes; Tucker, Cleopatra - Yes
LABOR
Senate Labor Committee
Prohibiting Credit Checks - S-1791 (Turner/D-15; Gill/D-34): Committee passed.This bill prohibits an employer from requiring a credit check on a current or prospective employee as a condition of employment, unless the employer is required to do so by law, or reasonably believes that an employee has engaged in a specific activity that is financial in nature and constitutes a violation of law. The State Chamber believes employers should not be restricted in using credit check criteria regarding candidates who seek employment. Contact: Michael Egenton
Senate Labor Committee S-1791 Vote: Madden, Fred (Chair) - Yes; Cunningham, Sandra (Vice Chair) - Yes; Beach, James - Yes; Codey, Richard - Yes; Doherty, Michael - No; Pennacchio, Joseph - No
LEGAL
Assembly Consumer Affairs Committee
Consumer Contract Mandates - A-3433 (Barnes/D-18; Diegnan/D-18; Moriarty/D-4); A-3434 (Moriarty/D-4; Diegnan/D-18; Barnes/D-18); A-3435 (Diegnan/D-18; Moriarty/D-4; Barnes/D-18): Committee passed. These bills impose mandates on consumer contracts and arbitration agreements, which limit the ability of businesses to hold down costs associated with dispute resolution. Arbitration is an effective means for resolving disputes and can be more cost efficient and expedient for both the consumer and the business. Contact: Michael Egenton
Assembly Consumer Affairs Committee A-3433 Vote: Vainieri Huttle, Valerie (Vice Chair) - Yes; Diegnan, Patrick - Yes; DiCicco, Domenick - No; Watson Coleman, Bonnie - Yes
Assembly Consumer Affairs Committee A-3434 Vote: Vainieri Huttle, Valerie (Vice Chair) - Yes; Diegnan, Patrick - Yes; DiCicco, Domenick - No; Watson Coleman, Bonnie - Yes
Assembly Consumer Affairs Committee A-3435 Vote: Vainieri Huttle, Valerie (Vice Chair) - Yes; Diegnan, Patrick - Yes; DiCicco, Domenick - Yes; Watson Coleman, Bonnie - Yes
TAX
Senate Budget and Appropriations Committee
Small Business Tax Reform - S-1540 (Buono/D-18; Oroho/R-24):Committee passed. This bill provides for the consolidation of certain business-related categories of income defined under the New Jersey gross income tax. This consolidation allows taxpayers who generate income from different types of businesses to offset gains from one type of business with losses from another. This bill also provides for the carryforward of net losses for up to 20 years under the New Jersey gross income tax. These changes modernize New Jersey's income tax and provide increased flexibility to small businesses whose business owners' pay their taxes through the personal income tax return (S-Corps, LLC's, LLP's, sole proprietorships or partnerships). Contact: Mary Ellen Peppard
Senate Budget & Appropriations Committee S-1540 Vote: Sarlo, Paul (Chair) - Yes; Stack, Brian (Vice Chair) - Yes; Bucco, Anthony - Yes; Buono, Barbara - Yes; Cunningham, Sandra - Yes; Doherty, Michael - Yes; O'Toole, Kevin - Yes; Oroho, Steven - Yes; Pennacchio, Joseph - Yes; Ruiz, Teresa - Yes; Smith, Bob - Yes; Sweeney, Stephen - Yes; Van Drew, Jeff - Yes
