MCANJ “Legislative Update”
May 3, 2018
New Laws
P.L. 2018, c. 6: Offers every person applying in person for driver’s license, permit,
probationary driver’s license or non-driver identification card, including renewals, the
opportunity to decline automatic voter registration as long as they meet all the
requirements to be eligible to vote. The Motor Vehicle Commission (MVC) must
promptly electronically transmit the information to the Secretary of State. MVC is
required to include notice to drivers, including information on penalties for false voter
registration, about the program and the ability to opt-out. If a person who is not eligible to
vote becomes a register voter it is presumed to have been as a result with official
authorization and the voter is deemed not to have committed a crime. However, there are
penalties for those who knowingly and willfully unlawfully register to vote. The law also
permits any state agency that collects similar information to work with Secretary of State
to establish a procedure for automatic voter registration. The law will take effect on
November 1, 2018.
P.L. 2018, c. 8: Permits taxpayers to make dedicated prepayment towards anticipated
property taxes, regardless if the governing body has adopted a resolution. The tax
collector must accept payments made in full or installments of not less than $1. If a
prepayment exceeds the total property tax bill a refund must be issued within 60 days of
the issuance of the property tax bill. If governing body does not meet within the 60 days,
then at next regular governing body meeting. The law took effect April 20, 2018 and was
retroactive to July 1, 2017. For more see
our blog post. P.L. 2017, c. 317: Establishes standardized change condition clauses for local public
construction contracts. The law establishes standard process for differing site conditions,
suspension of contract work, changes in the character of contract work, and changes in
the amount of work to be performed by the contractor. The Division of Local
Government Services is working on regulations. For more please see
our blog post. The
law took effect January 16, 2018.
P.L. 2017, c. 266: Permits a governing body by ordinance to require the municipal clerk
to
create and maintain a list of municipal residents who identify as being in need of
special assistance in the event of emergency. The list must include the person’s name,
address, and special circumstance. The list must be delivered monthly to the municipal
police department, each fire company and first aid servicing the municipality. The list
must be cross-indexed by name and address of each resident. A notice of the program
must be included in the tax bill mailing. In addition, a notice must be provided on how
tenant can be added to each landlord who has filed a certificate of registration with the
town. The list is exempted from the Open Public Records Act. Department of
Community Affairs was given rulemaking authority. The law took effect on January 8,
2018.
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P.L. 2017, c. 260: Permits voters of municipality to approve an increase in the municipal
free public library tax in addition to 1/3 of mil by a public question. The public question
can either be by ordinance or petition. Any increase approved by a public question would
be for ten (10) years. A public question cannot be submitted more than once in a three
year election cycle. However, the question can be renewed by another public question.
The law took effect on January 8, 2018.
P.L. 2017, c. 315: Regulates and prohibits certain operations of drones. The law also
preempts any law, ordinance, resolution, or regulation adopted by the governing body
concerning the private use of a drone that is inconsistent with the bill’s provisions. The
law took effect on May 1, 2018.
P.L. 2017. c. 331: Revises the way animal cruelty law is enforced in the State. The law
transfers the power of the human law enforcement from the NJ Society for Prevention of
Cruelty to Animals (NJSPCA) to the county prosecutor in each county. The governing
body in each municipality with an existing police department must designation at least
one municipal human law enforcement officer, who will be responsible for animal
welfare within the municipality. The municipal human law enforcement officer is
required to enforce and abide by the animal cruelty laws of the State and municipality.
The municipal human law enforcement officer may be authorize to use a firearm in the
furtherance of their duties if they complete an approve firearms training course and
qualifies twice a year in the use of a revolver or similar weapon. All third (3rd) and fourth
(4th) degree criminal offense under the animal cruelty laws must be referred to the County
Prosecutor for investigation. Municipalities may handle Civil and disorderly persons’
offenses. Each County must designate an animal cruelty prosecutor and chief human law
enforcement officer. A governing body may enter into a Memorandum of Understanding
(MOU) with the County SPCA, under the supervision of the county prosecutor.
Rulemaking authority has been given to the Attorney General. For more please see our
blog post. P.L. 2017, c. 321: Permits any law enforcement agency to authorize the towing of a
vehicle from private property if it is deemed appropriate for public safety. The owner will
be responsible for the expense of tow. The law also exempts law enforcement officers, in
course of work, that deems appropriate for public safety to tow a car from requiring
consent of motor vehicle owner from private property. The law took effect January 16,
2018.
P.L. 2017, c. 259: Requires the removal of equipment and markings of emergency
vehicles prior to sale or transfer to a private individual entity. The law defines emergency
vehicles as fire, police, ambulance or any vehicle approved by the Motor Vehicle
Commission to operate in response to emergency call. The law does exempt historic
vehicles. The law does not apply to sales or transfers to the State, local governments,
volunteer companies or authorize dealers of emergency vehicles. The law requires the
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Attorney General to issue guidelines or directives for enforcement. The law took effect
on May 1, 2018.
P.L. 2017, c. 272: Requires the Civil Service Commission to develop a uniform domestic
violence policy to be adopted by all public employees, regardless if they are subject to
Civil Service. Employers must distribute a copy of the policy to all employees. The law
took effect January 8, 2018.
P.L. 2017, c. 275: Requires Master Plans to include a statement of strategy concerning
smart growth, including consideration of potential locations of installation of electric
vehicle charging station; storm resiliency with respect to energy supply, flood-prone
areas and environmental infrastructure; and environmental sustainability. The law took
effect on January 8, 2018.
P.L. 2018, c. 9: For all employers in the State, the unlawful employment practice under
Law Against Discrimination is expanded to include discrimination based on
compensation or financial terms or conditions of employment. It is unlawful for employer
to pay any of its employees, who are members of a protected class, at a rate of
compensation, including benefits, which is less than the rate paid to employees, who are
not members of the protected class, for substantially similar work when viewed as a
composite of skill, effort, and responsibility. An employer cannot reduce the rate of pay
of an employee but must bring the lower salary to the higher salary. An employer can
pay different salary rates to employees only if the difference is based on seniority system,
merit system or the employer demonstrates certain factors. Each paycheck is viewed as
an occurrence and monetary damage awards are at the rate of three times. For more see
our blog post. The law takes effect on July 1, 2018.
Laws Ready to be Sign
(Please note that the laws have been signed since the conference)
Earned Sick Leave: This law
(P.L. 2018, c. 10) requires all employees to provide sick
leave of at least 1 hour for every 30 hours of work and expands what is consider sick
time. The law excludes Civil Service communities from the requirements of the law. The
law takes effect on October 29, 2018. For more see
our blog post. Charitable Trust: This law
(P.L. 2018, c. 11) permits towns, counties, and/or school
districts to establish one or more charitable trust, each for a specific public purpose, and
permits property tax credits in association with certain donations. This law is a response
to a new Federal Income Tax cap on the SALT property tax deduction. The law takes
effect on July 3, 2018. For more see our blog post
on the law a
nd IRS guidance. On Governor’s Desk
PFRS Pension Bill (S5): This bill will transfer the management of the Police and Fire
Retirement System to a labor (7) – management (5) board. Please note since the
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conference the Governor
conditionally vetoed the bill and has returned it to the
legislature. It is anticipated that the Senate will consider the bill on June 7. For more on
the bill and the Governor’s conditional veto see ou
r blog post. Workplace Democracy Act (A3686): This legislation is in response to a United State
Supreme Court case of Janus v. ASCFM. Please note since the conference the Governor
signed this bill into law
(P.L. 2018, c.15). The law imposes mandatory requirements on
public employers to ensure that public unions are able to carry out their statutory duties
by having access to, and the ability to communicate with, their public employee
members. This law took effect immediately. For more see
our blog post. School Board Petitions (
S868): Permits two or more candidates for School Board to
circulate a nominating petition jointly and be bracketed together for the same term for
both the April and November school board elections. However, the candidates must first
notify the School Board Secretary. Please note that the Governor signed this bill into law
(P.L. 2018, c. 20) and it took effect on May 30.
Of Interest
S-1: This bill would modify the “Uniformed Shared Services and Consolidation Act” and
“Local Unit Alignment, Reorganization and Consolidation Commission” (LUARCC) to
encourage and facilitate shared services. For more please see ou
r blog post. The bill is
awaiting consideration of the full Senate.
A-1100: Expands the Common Sense Shared Service Pilot Program to include
Monmouth and Atlantic counties. If you recall the Common Sense Shared Service Pilot
permits the sharing of the municipal clerk, chief financial officer, tax assessor, tax
collector, municipal treasurer, and principal public works manager regardless of tenure in
Camden, Morris, Ocean, Sussex and Warren counties. The bill unanimously passed the
Assembly and is awaiting consideration by Senate Community and Urban Affairs
Committee.
A-1521: Permits any registered voter who is 17 years of age prior to primary election but
is 18 years old at general election is permitted to vote in the primary election. The bill
passed the Assembly 56-17 and awaits consideration of the full Senate.
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