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TRENTON WATCH

February 10, 2011

Tracking Legislation and Other Items Important to the Business Community:

ENVIRONMENT

Assembly Appropriations Committee

Electric Vehicles - A-3647 (Cryan/D-20); A-3648 (Cryan/D-20; DeAngelo/D-14; Stender/D-22); A-3649 (Cryan/D-20); A-3650 (Wagner/D-38; Coughlin/D-19; Fuentes/D-5); A-3651 (Benson/D-14; Ryan/D-36; Wilson/D-5); AR-133 (Cryan/D-20; DeAngelo/D-14): Committee passed. This package of bills pertains to electric vehicle charging stations. The State Chamber supports the bills that provide tax credits and incentives for the purchase and installation of electric vehicle charging stations. The State Chamber opposes the bills that impose mandates on owners of certain newly-developed shopping centers to provide electric vehicle charging stations, and that prohibit issuance of DEP permits to shopping centers that do not have charging stations. Contact: Michael Egenton

Assembly Appropriations Committee A-3647 Vote: Pou, Nellie (Chair) - Yes; Ramos, Ruben J. (Vice Chair) - Yes; Barnes, Peter J. - Yes; Chivukula, Upendra J. - Yes; Conaway, Herb - Yes; Delany, Patrick - No; DiMaio, John - No; Greenwald, Louis D. - Yes; McKeon, John F. - Yes; Peterson, Erik - No; Stender, Linda - Yes; Thompson, Samuel D. - No

Assembly Appropriations Committee A-3648 Vote: Pou, Nellie (Chair) - Yes; Ramos, Ruben J. (Vice Chair) - Yes; Barnes, Peter J. - Yes; Chivukula, Upendra J. - Yes; Conaway, Herb - Yes; Delany, Patrick - No; DiMaio, John - No; Greenwald, Louis D. - Yes; McKeon, John F. - Yes; Peterson, Erik - No; Stender, Linda - Yes; Thompson, Samuel D. - No

Assembly Appropriations Committee A-3649 Vote: Pou, Nellie (Chair) - Yes; Ramos, Ruben J. (Vice Chair) - Yes; Barnes, Peter J. - Yes; Chivukula, Upendra J. - Yes; Conaway, Herb - Yes; Delany, Patrick - No; DiMaio, John - No; Greenwald, Louis D. - Yes; McKeon, John F. - Yes; Peterson, Erik - No; Stender, Linda - Yes; Thompson, Samuel D. - No

Assembly Appropriations Committee A-3650 Vote: Pou, Nellie (Chair) - Yes; Ramos, Ruben J. (Vice Chair) - Yes; Barnes, Peter J. - Yes; Chivukula, Upendra J. - Yes; Conaway, Herb - Yes; Delany, Patrick - Abstain; DiMaio, John - Yes; Greenwald, Louis D. - Yes; McKeon, John F. - Yes; Peterson, Erik - Abstain; Stender, Linda - Yes; Thompson, Samuel D. - No

Assembly Appropriations Committee A-3651 Vote: Pou, Nellie (Chair) - Yes; Ramos, Ruben J. (Vice Chair) - Yes; Barnes, Peter J. - Yes; Chivukula, Upendra J. - Yes; Conaway, Herb - Yes; Delany, Patrick - Abstain; DiMaio, John - Yes; Greenwald, Louis D. - Yes; McKeon, John F. - Yes; Peterson, Erik - Abstain; Stender, Linda - Yes; Thompson, Samuel D. - No

Assembly Appropriations Committee AR-133 Vote: Pou, Nellie (Chair) - Yes; Ramos, Ruben J. (Vice Chair) - Yes; Barnes, Peter J. - Yes; Chivukula, Upendra J. - Yes; Conaway, Herb - Yes; Delany, Patrick - Yes; DiMaio, John - Abstain; Greenwald, Louis D. - Yes; McKeon, John F. - Yes; Peterson, Erik - Abstain; Stender, Linda - Yes; Thompson, Samuel D. - Abstain

Assembly Regulatory Oversight and Gaming Committee

DEP Storage Tank Rules - ACR-132 - (Burzichelli/D-3): Committee passed. This concurrent resolution determines that DEP rules and regulations requiring domes on certain storage tanks are inconsistent with legislative intent as expressed in the Air Pollution Control Act. The concurrent resolution provides that the DEP Commissioner will have 30 days to amend or withdraw the rules and regulations or the Legislature may exercise its authority under the Constitution to invalidate the rules and regulations in whole or in part. Contact: Michael Egenton

Assembly Regulatory Oversight and Gaming Committee ACR-132 Vote: Burzichelli, John J.(Chair) - Yes; Quijano, Annette (Vice Chair) - Yes; Caputo, Ralph R. - Yes; Casagrande, Caroline - No; Polistina, Vincent J. - No

Assembly Regulatory Oversight and Gaming Committee

Pollution Prevention Act - A-3769 (Burzichelli/D-3; Quijano/D-20): Committee passed. This bill requires the DEP to conduct an analysis of the Pollution Prevention Act. The Department is required to evaluate the effectiveness of the law and the impact of the rules and regulations on the environment, public and occupational health, and the industrial facilities subject to the act. The bill also directs DEP to submit its findings to the Legislature within 90 days after the bill is enacted into law. Contact: Michael Egenton

Assembly Regulatory Oversight and Gaming Committee A-3769 Vote: Burzichelli, John J.(Chair) - Yes; Quijano, Annette (Vice Chair) - Yes; Caputo, Ralph R. - Yes; Casagrande, Caroline - Yes; Polistina, Vincent J. - Yes

GOVERNMENT REFORM

Senate Community and Urban Affairs Committee

Shared Services - SCR-111 (Allen/R-7; Van Drew/D-1): Committee passed. This concurrent resolution establishes the Task Force to Study Streamlining Shared Services. The task force will submit a report to the Governor and legislative leaders detailing the Civil Service Commission regulations, rules or policies that impede shared services. The task force will also recommend regulations, rules or policies that should be adopted, amended or repealed to create incentives for shared services or consolidation. Contact: Michael Egenton

Senate Community and Urban Affairs Committee SCR-111 Vote: Van Drew, Jeff (Chair) - Yes; Rice, Ronald L. (Vice Chair) - Not Voting; Addiego, Dawn Marie - Yes; Connors, Christopher J. - Yes; Ruiz, M. Teresa - Not Voting

Senate State Government, Wagering, Tourism and Historic Preservation Committee

Government Efficiencies - S-1918 (Gordon/D-38): Committee passed. This bill directs the Chief Technology Officer to study the costs and benefits of replacing the state's high-volume basic computing systems with more cost-effective alternatives. The State Chamber believes that making improvements and updating technology will lead to better efficiencies. Contact: Michael Egenton

Senate State Government, Wagering, Tourism and Historic Preservation Committee S-1918 Vote: Whelan, Jim (Chair) - Yes; Gordon, Robert M. (Vice Chair) - Yes; Addiego, Dawn Marie - Yes; Bucco, Anthony R. - Yes; Turner, Shirley K. - Yes

HEALTH

Senate Health, Human Services and Senior Citizens Committee

Accountable Care Organization - S-2443 (Vitale/D-19; Whelan/D-2): Committee passed. This bill establishes a Medicaid Accountable Care Organization Demonstration Project in the Department of Human Services. It is an innovative approach that increases health care quality in New Jersey, drives collaboration among healthcare professionals and has the potential to greatly reduce costs. Contact: Michael Egenton

Senate Health, Human Services and Senior Citizens Committee S-2443 Vote: Weinberg, Loretta (Chair) - Yes; Vitale, Joseph F. (Vice Chair) - Yes; Addiego, Dawn Marie - Yes; Allen, Diane B. - Not Voting; Gordon, Robert M. - Yes; Kean, Sean T. - Yes; Madden, Fred H., Jr. - Yes; Rice, Ronald L. - Yes; Singer, Robert W. - Yes; Whelan, Jim - Yes

LABOR

Senate Labor Committee

Senior Workforce - S-2117 (Kean, S./R-11; Allen/R-7): Committee passed. This bill creates the New Jersey Senior Labor Task Force to study, evaluate and make recommendations pertaining to senior citizens in the state's labor force. This includes assessing the needs and challenges of older workers, and impediments to working. The task force is comprised of the Commissioners of Health and Senior Services and of Labor and Workforce Development, and seven public members appointed by the Governor, including representatives from the business community. The task force is required to submit a report of findings and recommendations to the Governor and Legislature within six months of its initial meeting. Contact: Michael Egenton

Senate Labor Committee S-2117 Vote: Madden, Fred H., Jr. (Chair) - Yes; Cunningham, Sandra B. (Vice Chair) - Yes; Beach, James - Yes; Doherty, Michael J. - Yes; Greenstein, Linda R. - Yes; Pennacchio, Joseph - Yes

Senate Labor Committee

Unemployment Insurance Claims - S-2580 (Turner/D-15; Madden/D-4): Committee passed. This bill requires that the benefit instructions provided by each employer to a worker at the time the worker becomes unemployed include information detailing the time sensitivity of filing a claim for unemployment benefits. This information would include the date upon which the worker becomes unemployed, and, to the extent possible if the unemployment is temporary, the date upon which the worker is expected to be recalled to work. Additionally, the worker must be notified that he/she may lose some or all of the benefit to which he/she is entitled if he/she fails to file a claim in a timely manner. The bill was amended to clarify that it is not intended to provide any right to be re-hired. Contact: Michael Egenton

Senate Labor Committee S-2580 Vote: Madden, Fred H., Jr. (Chair) - Yes; Cunningham, Sandra B. (Vice Chair) - Yes; Beach, James - Yes; Doherty, Michael J. - Yes; Greenstein, Linda R. - Yes; Pennacchio, Joseph - Yes

Assembly Labor Committee

Changing "Misconduct" Provision - A-3707 (Diegnan/D-18; Egan/D-17): Committee passed. This bill modifies current law regarding disqualification from unemployment insurance (UI) benefits for misconduct by claimants. The misconduct provisions were modified last year through legislation that established a three-tiered structure to prohibit the payment of unemployment benefits or extend the waiting period to begin collecting benefits due to misconduct. The State Legislature should refrain from amending the provisions until there has been adequate opportunity to determine their impact. Contact: Michael Egenton

Assembly Labor Committee A-3707 Vote: Egan, Joseph V. (Chair) - Yes; Albano, Nelson T. - Yes; Conners, Jack - Yes; Coughlin, Craig J. - Yes; Dancer, Ronald S. - No; DeAngelo, Wayne P. - Yes; Peterson, Erik - No; Webber, Jay - No

Senate Labor Committee

Prohibiting Benefits to Incarcerated Individuals - S-1662 (Bateman/R-16):Committee passed. This bill amends the "Temporary Disability Benefits Law" to prohibit benefits from being paid to any claimant during any period during which the claimant is incarcerated in any federal, State or municipal penal institution, jail, medical facility, public or private hospital because of a criminal violation of a federal, State or municipal law. Contact: Michael Egenton

Senate Labor Committee S-1662 Vote: Madden, Fred H., Jr. (Chair) - Yes; Cunnigham, Sandra B. (Vice Chair) - No; Beach, James - Yes; Doherty, Michael J. - Yes; Pennacchio, Joseph - Yes; Turner, Shirley K. - Yes

Senate Labor Committee

Adding Franchise Locations to New Jersey Warn Act - S-2679 (Madden/D-4; Cunningham/D-31): Committee held. This bill broadens the scope of New Jersey's Warn Act (which requires pre-notification of mass layoffs) to include one or more franchise locations. As currently written, this bill could severely impact franchises, particularly those with unique ownerships throughout the state. Additionally, a "holding company" may be difficult to define under the provisions of the bill. Contact: Michael Egenton

Senate Labor Committee

Unemployment Insurance - S-2680 (Madden/D-4; Beach/D-6): Committee passed. This bill would broaden the trigger that allows New Jersey to provide extended unemployment benefits. Specifically, the bill would broaden the first trigger to account for the unemployment rate for the preceding three years as opposed to the preceding two. By broadening the 110 percent trigger, New Jersey would be able to continue providing extended benefits, because the unemployment rate in 2008 was between 4.2 and 6.0 percent. The continued payment of extended benefits would not result in an increased cost to the State's Unemployment Insurance Fund, because the federal act provides for full federal funding of extended benefits through December 31, 2011. Contact: Michael Egenton

Senate Labor Committee S-2680 Vote: Madden, Fred H., Jr. (Chair) - Yes; Cunningham, Sandra B. (Vice Chair) - Yes; Beach, James - Yes; Doherty, Michael J. - Yes; Pennacchio, Joseph - Yes; Turner, Shirley K. - Yes

TELECOMMUNICATIONS

Senate Economic Growth Committee & Assembly Regulatory Oversight and Gaming Committee

Market Competition and Consumer Choice Act - S-2664 (Lesniak/D-20; Sweeney/D-3) & A-3766 (Cryan/D-20; Bramnick/R-21; Burzichelli/D-3): Committees passed. These bills change state regulations of competitive services provided by telecommunications and cable television companies in New Jersey. New Jersey's cable and telecommunications industries are highly competitive industries which produce significant economic growth for the state, yet we have among the most restrictive regulations in the country. This legislation modernizes and streamlines regulations, resulting in increased investment, economic growth and job creation. The bills allow competition to flourish, benefiting consumers. Contact: Michael Egenton

Senate Economic Growth Committee S-2664 Vote: Lesniak, Raymond J. (Chair) - Yes; Cunningham, Sandra B. (Vice Chair) - Yes; Codey, Richard J. - Yes; Kyrillos, Joseph M., Jr. - Yes; Oroho, Steven V. - Yes; Singer, Robert W. - Yes; Vitale, Joseph F. - Not Voting

Assembly Regulatory Oversight and Gaming Committee A-3766 Vote: Burzichelli, John J. (Chair) - Yes; Quijano, Annette (Vice Chair) - Yes; Caputo, Ralph R. - Yes; Casagrande, Caroline - Yes; Polistina, Vincent J. - Yes

*Information Provided by the NJ State Chamber of Commerce