By: centraljersey.com
The following items are taken from reports issued by legislators and other items of political concern.
Teen driver decals
Sen. Sean T. Kean, R-11, is continuing to push state lawmakers to repeal the decal provision of Kyleigh’s Law after a recent state appeals court struck down a challenge to the law and ruled it is constitutional.
"The decal provision of Kyleigh’s Law may be constitutional, but that doesn’t mean it’s right. While the goal of the law is to keep young drivers safe, many teens and their parents feel like it actually puts them at greater risk," Sen. Kean said. "In addition to the complaints of decals being lost or stolen and the hassle and expense of having to replace them, there are much more serious concerns that have been raised."
The senator mentioned some fear other drivers may engage in more aggressive maneuvers to pass or distance themselves from cars bearing red decals, putting all drivers on the road at increased risk. But the greatest concern is the identification of young drivers to predators.
Kyleigh’s Law was developed as one of the many recommendations in the Teen Driver Study Commission’s final report and requires the holders of a graduated driver’s license to display two removable and reflective decals on the motor vehicle they are driving so law enforcement officers could more easily identify them for the purpose of ascertaining whether they are in violation of the hourly and passenger restrictions that apply to them.
The law was named in honor of Kyleigh D’Alessio, who was killed in a motor vehicle driven by a graduated driver licensee.
"Many of the people who are now affected by the law, including young drivers and their parents, feel like their voices were not heard when the original legislation was enacted," Sen. Kean said. "The Legislature made a well-intentioned mistake by passing the decal requirement, but it’s a mistake we can fix. I urge my colleagues to listen to the many concerns that both teens and parents have raised and to pass the repeal legislation now."
Sen. Kean is the co-sponsor of Senate bill S1908, which would amend Kyleigh’s Law to remove the requirement that the holders of special learner’s permits, examination permits and probationary driver’s licenses display decals.
Donations through taxes
Assembly Democratic legislation to create new funds to benefit cancer research and the Boys and Girls Clubs in New Jersey through voluntary contributions on the state’s corporate and personal income tax returns continues advancing.
Under the bills, taxpayers would have the option to contribute to any of these new funds through a check-off box to be included on New Jersey’s corporate and personal income tax returns each year.
One measure (A1505) would establish the New Jersey Colon Cancer Research Fund.
"Education, prevention and early detection are key factors in controlling colorectal cancer," said Assemblyman Ruben J. Ramos Jr., D-Hudson. "If caught early, nine times out of 10 patients can beat back this disease."
"Giving people an opportunity to engage in the fight against colon cancer directly through their income tax returns will greatly increase the resources available for desperately needed and potentially life-saving research," said Assemblywoman Elease Evans, D-Passaic/Bergen. "Every dollar donated will get us closer to a cure."
This bill recently was approved 74-0 by the Assembly.
The other bill (A3267) would establish the Boys and Girls Club in New Jersey Fund. It was recently approved 75-0 by the Assembly.
"The Boys and Girls Club provide a safe, educational environment for disadvantaged youth in the otherwise unsupervised hours before and after school," said Assemblywoman Annette Quijano, D-Union. "Giving these kids a viable alternative to drug and gang violence is a worthy cause that deserves an easy option to support."
This bill is also sponsored by Mr. Ramos.
Captive insurance
Legislation sponsored by Sen. Nia H. Gill, D-Essex, to create additional jobs and reduce costs for businesses by permitting captive insurers to operate in the state has been signed into law by Gov. Chris Christie.
The law (A2360 / S168) will allow captive insurance companies to apply to the Department of Banking and Insurance for a license to do business in the state in certain lines of insurance, including life and health insurance, annuities, indemnity, property and casualty, fidelity, guaranty and title insurance and reinsurance. It will promote the growth of an insurance sector that has generated billions of dollars of investment in some states and brought in new high-paying jobs.
"By opening an entirely new market for insurance in New Jersey, we will bring new businesses to our state as well as additional high-paying jobs," said Sen. Gill, chairwoman of the Commerce Committee. "This is the kind of innovation that will spur economic growth at a time when it is so desperately needed."
A captive is a closely-held insurance company established primarily to insure the risk of its parent company. A corporation, for example, could establish a captive insurance company to insure its own worker’s compensation program.
This kind of insurance provides significant benefits to its parent company, allowing both flexibility in setting rates and considerable control in managing costs.
"Captive insurers are currently operating in more than two dozen states in the country," Sen. Gill said. "By allowing these types of insurers to operate in New Jersey, we will significantly expand our insurance market and draw new businesses and jobs to the state."
Approximately 27 states and the District of Columbia allow these types of insurance companies to headquarter in their state. Vermont is known as the leader in captive insurance and is the third most common domicile for captives in the world, generating $13 billion in premiums in the state in 2009. New Jersey’s bill was modeled after the Vermont legislation.
The law will require captive insurance companies meet certain requirements, including those relating to formation, capital and surplus, examination, local office presence, ability to meet policy obligations, payment of certain fees and taxes and annual reporting.
The law also will allow the department to establish, by regulation, an expedited licensing process for captives formed or licensed in other states and that are applying to do business in New Jersey. Streamlining the licensing process will bring new investment to the state sooner.
The bill, signed into law, cleared the Assembly by a final vote of 74-0. It was approved in the Senate by a vote of 39-0.
Fraud complaints
Legislation Assemblymen Wayne P. DeAngelo and Ruben J. Ramos Jr. sponsored to invalidate any contract that requires customers to waive their right to file a consumer fraud complaint was approved by the Assembly.
The bill (A2051) would nullify any contract that contains language negating the ability of a consumer to contact either law enforcement or state, county or municipal authorities to file a consumer complaint.
"When companies are using contract clauses that force consumers to waive their right to file a complaint, something must be done," said Mr. DeAngelo, D-Mercer/Middlesex. "Preventing a customer from filing a complaint undermines New Jersey’s long-standing tradition of consumer protection. Without such protection, the ability to monitor a business’ compliance with existing law is severely compromised."
The sponsors added consumers should have the right to purchase goods and services from providers and have them live up to the terms they negotiated.
"If those consumers have no right to file a complaint with the appropriate authorities when the terms of that agreement are not met, then we have situation where we need to step up and make sure our consumers are protected," said Mr. Ramos, D-Hudson. "One of the top lessons we’ve learned from this global recession is that more needs to be done to protect against consumer fraud. It’s essential that we not allow residents to be taken advantage of in such an egregious way."
The measure was approved 76-0. It now heads to the Senate for further consideration.
Vetos tax cuts
Assembly Democratic lawmakers last week questioned Gov. Chris Christie’s reasoning for vetoing the Legislature’s bipartisan job creation and economic development package, noting the governor didn’t seem to understand key business tax cuts and incentives he rejected.
The governor on Feb. 18 vetoed numerous job creation and economic growth measures supported by legislators from both parties.
Assembly Speaker Sheila Y. Oliver, Assembly Majority Leader Joseph Cryan, Assembly Budget Chairman Lou Greenwald and Assembly Commerce and Economic Development Chairman Albert Coutinho said tax cuts rejected by Gov. Christie wouldn’t have cost immediate money.
All Gov. Christie had to do, they said, was his job as governor – properly budget for them in the fiscal years ahead, then watch state revenue increase through successful business activity.
"It’s disappointing the governor thinks he was backed into a corner by bipartisan bills that had one simple goal in mind – create jobs and economic development for working class residents and the businesses that employ them," said Ms. Oliver, D-Essex/Passaic. "It’s even more disappointing that the governor’s veto of these direly needed business tax cuts seems to be based on over-the-top sound bites than reality. It was time to put the theater aside and act together to help our state, but sadly the governor wanted the opposite."
"The governor’s reasoning raises questions as to whether the governor even read these business tax cut bills," said Mr. Cryan, D-Union. "That’s unfortunate, most notably for businesses who have been desperately seeking these job-creating tax cuts to jump-start economic development. The governor may prefer bills that bring tax cuts to rich CEOs, but these vetoes will hurt every business in this state for years to come."
The lawmakers noted Gov. Christie vetoed:
– A bipartisan bill (A1676) sought by businesses to streamline the state’s corporate tax structure and make New Jersey more competitive with other states.
It wouldn’t have cost the state revenue until the fiscal year beginning July 1, meaning Gov. Christie simply had to plan for it in the budget he proposed last week.
– A bipartisan small business tax reform (A3535) that would have helped small businesses offset operating losses.
It wouldn’t have cost the state revenue until the fiscal year beginning July 1.
– A bill (A3592) to provide tax incentives for investing in emerging technology businesses.
It wouldn’t have cost the state revenue until the fiscal year beginning July 1.
– A bipartisan bill (A2905) to restore and expand the film production and digital media tax credit.
It wouldn’t have cost the state revenue until the fiscal year beginning July 1.
They also noted Gov. Christie, at the very least, could have conditionally vetoed the effective dates of any job creation bill to meet any concerns.
"These bills all had one specific purpose in mind – help businesses employ and hire hard-working New Jerseyans struggling to get by," said Mr. Greenwald, D-Camden. "The governor may prefer tax cuts for the rich, but the fact is that our businesses – especially small businesses that are the lifeblood of this state – have been shoved backwards by these vetoes. That’s especially hurtful because the governor promised businesses that he would sign the single sales factor tax change." "Being a leader requires more than news conferences in which you proudly commend yourself over and over again," said Mr. Coutinho, D-Essex. "It means working together to improve our state’s economy and make the tough decisions to properly plan ahead. These job-creating bills required a little bit of planning ahead, which is I guess why the this so-called tough-talking governor simply turned around and threw them in the garbage."
