ID badges
Legislation sponsored by Senate President Steve Sweeney, D-Gloucester, Cumberland, Salem, that would revise the Contractors’ Registration Act to require state-issued identification badges for home improvement contractors has been signed into law.
”As we continue to recover from the aftermath of Sandy, New Jerseyans must be on the lookout for those who would look to take advantage of the situation for their own personal benefit,” Sen. Sweeney said. “By requiring a picture ID, we are adding another layer of protection for storm victims against fraud.”
The law, S2363, requires a home improvement contractor to wear a state-issued identification badge whenever the contractor is performing, engaging or attempting to engage in selling home improvements. They are required to have the badge in their possession while performing home improvements.
The badge will issued by the director of the Division of Consumer Affairs within the Department of Law and Public Safety. It will include a color photograph of the contractor’s face, the contractor’s name, the contractor’s registration number and the name of the contractor’s business.
If a contractor’s license is suspended he/she will have to surrender the badge, and it will be a fourth-degree crime to use a badge not properly authorized by the state.
The law is intended to help consumers avoid fraud, particularly in light of Hurricane Sandy. The storm devastated more than 300,000 homes in New Jersey, and 1,200 new applications for contractor registration have been submitted to the Division of Consumer Affairs with many applicants coming from other states.
In the aftermath of Sandy, New Jersey residents are even more vulnerable to unscrupulous, fly-by-night contractors who take advantage of residents in need of immediate home repairs.
Media violence
Legislation sponsored by Sen. Raymond Lesniak and Sen. M. Teresa Ruiz to help parents limit their children’s exposure to violence in the media has been signed into law.
The new law requires the Department of Education to develop an informative pamphlet for schools to distribute to the parents of all their students.
”Young people digest a virtual onslaught of depictions of violence from a growing array of media,” Sen. Lesniak said. “The volume and intensity of their exposure to violence in the media can cause them to become desensitized to the real-life consequences of violent behavior. I believe we can work to counteract this problem through the schools and with parents in order to protect the psychological and emotional wellbeing of our children.”
According to the bill (S2715), the state education department would prepare an information guide that would help parents limit the exposure to and the influence of media violence for their children. The information would be posted on the department’s website and made available to every school district in the state at no cost. Each district then would be responsible for distributing it to parents.
”Anything we can do to better empower families with relevant information that helps parents and guardians we should do,” said Sen. Ruiz, who is chairwoman of the Senate Education Committee. “This is a positive way of allowing them to partner with schools in working with children to deal with media violence. It is a small but important step to help counter the tide of violence that has claimed the lives of too many young people.”
Cigarettes
Legislation sponsored by Deputy Assembly Republican Leader Anthony M. Bucco that increases fines and jail sentences for illegal cigarette smuggling and avoiding the payment of the appropriate tax in New Jersey has been signed into law by Gov. Christie.
The bill, S2516/A3278, stiffens the penalties for offenses such as selling cigarettes without a license, purchasing or selling unstamped cigarettes or refusing to produce business records pertaining to the purchase, sale or transportation of cigarettes.
”It is no secret that unscrupulous buyers and sellers of cigarettes are exploiting loopholes by selling cigarettes on the black market,” said Assemblyman Bucco, R-Morris and Somerset. “Smuggling this commodity into New Jersey is illegal and has fiscal consequences. The impact on New Jersey is twofold. Important revenue is lost, and it harms the law-abiding retailers in our state such as convenience stores, supermarkets and gas stations who sell this product and depend on these customers for business. The new law will send a message to smugglers that the commission of this illegal act will be punished accordingly.”
Under New Jersey’s Cigarette Tax Act, cigarette tax payments are evidenced by appropriately stamped cigarette packs. New Jersey residents are not permitted to possess or consume untaxed, improperly stamped or unstamped cigarettes. Criminal and civil statutes apply in either of these circumstances.
”Whether it is the individual purchaser who is guilty of casual smuggling or larger scale organized entities that believe they can offer a great marketing and sales tool by sidestepping their tax obligation, there will be a more significant penalty to pay,” Assemblyman Bucco said.
His bill also expands the monthly reporting requirements of licensed distributors to disclose the number of cigarettes on hand by brand family together with the quantity purchased or sold and requires the Division of Taxation in the state Department of Treasury to also produce a monthly report of this data available for public review.
Substance abuse
Assemblyman Gordon Johnson, D-Bergen, issued the following statement concerning Gov. Christie’s veto of bill A1665, which would have required health insurers to provide the same level of coverage for a broad array of mental illnesses and substance abuse addictions as they do for treating other diseases:
”It’s disappointing that the governor did not think that these individuals deserved to have their treatments covered by health insurers just like any other patient in need of a medical procedure.
”Individuals suffering from mental illness or struggling with substance abuse addiction are often not only a danger to themselves, but others. This bill would have helped ensure that these individuals get the care they need by having health insurers cover treatments for these diseases.”
He added, “It’s sad how easy it is for some to disregard people who are battling addiction or mental illness as if they did not need or deserve help. Because of this, many end up on the streets where they are often seen as a public nuisance and, after prolonged neglect, can become a threat to public safety. Ignoring them, as the governor has just done with his veto, is not the answer; it only worsens the problem.”
Vet status
Bipartisan legislation sponsored on the Democratic side by Assembly members Cleopatra Tucker and Dr. Herb Conaway Jr. to provide veterans with a readily available and easily accessible method of proving their veteran status has cleared the full Senate.
”This is just one little way to make life a bit easier for veterans,” said Assemblywoman Tucker, D-Essex, chairwoman of the Assembly Military and Veterans Affairs Committee. “Many businesses offer discounts or promotional programs for those who have served our country, and this would help them easily prove their status whenever they’re out and about.”
The bill (A691) would require driver’s licenses and identification cards issued by the Motor Vehicle Commission to indicate the licensee’s or applicant’s veteran status upon request. The bill would apply to any person who has been honorably discharged from the active military service of the United States and would provide them with a convenient way to show proof of their veteran status on a daily basis.
”A number of states are already doing this to help veteran’s easily prove their status when necessary,” said Dr. Conaway, D-Burlington. “The enormity of their sacrifices can never be repaid by tokens like this, but we can at least make life a little easier for them whenever possible.”
At least 11 states have passed laws that utilize driver’s licenses to indicate veterans’ status. However, the bill specifies the designation of veteran status on a driver’s license or identification card shall not be deemed sufficient valid proof of veteran status for official governmental purposes when any other statute or any regulation or other directive of a governmental entity requires documentation of veteran status.
The bill was sent to the Appropriations Committee for a fiscal note because minor changes would need to be made to the Motor Vehicle Commission’s computer system, but those changes can largely be completed by in-house staff at minimal cost.
The Senate passed the measure 36-0. It heads to the governor’s desk for further consideration.
Ovarian cancer
Legislation sponsored by Assembly Majority Leader Louis Greenwald, Assemblyman Dan Benson and Assemblywoman Pamela Lampitt aimed at increasing awareness of ovarian cancer by coordinating awareness efforts on the state level with those on the national level has received final legislative approval and is on the governor’s desk. “Ovarian cancer is one of the deadliest forms of cancer because the symptoms are vague and nonspecific,” said Assemblyman Greenwald, D-Camden, Burlington. “Women and their physicians often attribute them to more common conditions so by the time the cancer is diagnosed, the tumor has often spread. The best way to combat this is through awareness, and that’s what we hope to accomplish with this legislation.” The bill (A2161) would change the state designation of Ovarian Cancer Awareness Month from February to September of each year in order to align with the nationwide observance of September as National Ovarian Cancer Awareness Month. The goal is to promote awareness among the general public and the health-care community of the symptoms of ovarian cancer, the importance of early detection and the risk factors associated with developing ovarian cancer. “Absent a definitive screening test to detect ovarian cancer, the best way to fight this disease is by raising public awareness so that it can be recognized and treated early,” said Assemblyman Benson, D-Mercer, Middlesex. “By coordinating the state’s awareness efforts with those on the national level, hopefully, we can speak loudly enough in one concerted voice to raise everyone’s awareness of this silent killer.” “Having regular pelvic examinations and increasing public awareness of the risk factors and health problems associated with ovarian cancer are the best ways to increase a woman’s overall survival rate for this type of cancer,” said Assemblywoman Lampitt, D-Camden/Burlington. “Awareness, in this case, is the best medicine, and that can only be accomplished if we work together to educate women, their families and their doctors on the signs and symptoms.” The lawmakers noted that among women in the United States, ovarian cancer is the fifth leading cause of cancer death and the eighth most common type of cancer. While ovarian cancer causes more deaths than any other gynecologic cancer in the United States, it only accounts for about 3 percent of all cancers in the United States. According to the National Cancer Institute, it is estimated 22,280 women will be diagnosed with and 15,500 women will die of ovarian cancer in 2012. The Centers for Disease Control and Prevention reports it is estimated that more than $2.2 billion is spent annually on the treatment of ovarian cancer in the United States. Although all women are at risk for ovarian cancer, older women are more likely to get the disease with about 90 percent of women who get the disease being 40 years of age or older and most being 55 years of age or older. Additionally, more than half the deaths from ovarian cancer occur in women between the ages of 55 and 74, and approximately one quarter of ovarian cancer deaths occur in women between 35 and 54 years of age. When ovarian cancer is found and treated in its earliest stages, the five-year survival rate is 95 percent. However, most women who suffer from ovarian cancer are not diagnosed until the later stages of the cancer when the disease has spread, and the five-year survival rate for these women is 30 percent. The bill was approved 36-0 by the full Senate and 79-0 by the full Assembly last year.
Unemployment
A two-bill package sponsored by Senate Labor Committee Chairman Fred H. Madden to close loopholes in how the state directs and deposits penalties recovered from fraudulently obtained unemployment benefits is now law. “The penalties collected from fraudulent insurance benefits are directly reinvested to help New Jersey residents who have lost their jobs in the economic downtown,” said Sen. Madden, D-Gloucester and Camden. “Unfortunately, the unemployment compensation system is dictated by a complex patchwork of rules, and sometimes weeks can go by before these fines are actually deposited. By mandating the immediate deposit of collected penalties, this law will help ensure that these funds are directly reinvested to assist those hardest hit by the economy.” The first law (S2738) requires the New Jersey Department of Labor and Workforce Development immediately deposit any amount recovered from penalties relating to the erroneous payment of unemployment benefits. Further, the law mandates a recovered fine of 15 percent of the amount fraudulently obtained be deposited into the unemployment insurance trust fund and the remaining fine of 10 percent of the amount fraudulently obtained be deposited into the unemployment compensation auxiliary fund. Currently, the penalty assessed against an individual who fraudulently obtains benefits is $20, or 25 percent of the amount fraudulently obtained, whichever is greater, and the total amount of a recovered fine is fully deposited into the UCAF. This law revises state statute so the penalty constitutes strictly 25 percent of the amount fraudulently obtained. In addition to clarifying when and where the collected penalties are to be deposited, the measure also mandates that provisions of the law extend to individuals under any federal unemployment compensation program who fraudulently obtain benefits instead of just those who receive erroneous unemployment insurance benefits at the state level. Under provisions of the second law, (S2739), an employer’s unemployment insurance account will not be relieved of charges related to a fraudulent benefit payment under certain circumstances. The law prohibits charges from being relieved if it is determined by the Department of Labor and Workforce Development that the employer is at fault for the erroneous payment because the employer failed to respond in a timely or adequate manner and the employer engaged in a “pattern of failing to respond” — defined as three documented failures to respond within 365 days of requests from the department. “Fraudulent claims drain the unemployment insurance system of millions of dollars each year,” Sen. Madden said. “These bills are about improving transparency and standardizing the way that fines are directed so that there is sufficient funding left for those who truly need it, and none of it goes to waste.” The U.S. Department of Labor has been and currently is implementing a number of strategies to facilitate states with the management of improper payments of unemployment insurance benefits. The Trade Adjustment Assistance Extension Act of 2011 provides individual states the statutory authority to help maintain the integrity of the nationwide unemployment compensation program. The two laws are modeled in direct accordance with TAAEA and will bring provisions that oversee New Jersey’s unemployment insurance funds up to federally mandated standards. S2738 cleared the Senate in June with a vote of 39-0. S2739 passed the Senate in May with a vote of 40-0. The General Assembly unanimously approved the two bills in June. Both laws go into effect immediately.
Care of elderly
Legislation Assembly Democrats Valerie Vainieri Huttle, Shavonda Sumter and Daniel R. Benson sponsored to protect the rights and safety of the elderly living in continuing care communities has received final legislative approval in the Senate. “Continuing care retirement communities offer lifetime housing and a range of care based on needs,” said Assemblywoman Vainieri Huttle, D-Bergen. “This legislation will make sure that as those needs change and as financial concerns emerge, there are fair and reasonable protections in place.” The bill (A3132) would create the Bill of Rights for Continuing Care Retirement Community Residents in Independent Living to establish and clarify the rights of residents living in continuing care retirement communities. “This will help provide residents in continuing care facilities with a proper voice to ensure that their needs and rights are protected,” said Assemblywoman Sumter, D-Bergen, Passaic. “More importantly, it will help improve their quality of life at a time when their health may be particularly fragile, making a crucial difference in their day-to-day living.” “We measure ourselves by how well we take care of our most vulnerable, and this is designed to ensure we do what’s right by them,” said Assemblyman Benson, D-Middlesex, Mercer. “Ensuring they receive an excellent quality of life is the right thing to do.” The bill provides that each prospective continuing care retirement community resident is to receive a copy of a disclosure statement from the facility before the execution of a continuing care agreement as well as an explanation written in clear and plain language of the rights and responsibilities of a resident. The prospective resident will have up to 30 days to review the copy of the disclosure statement and the written explanation prior to executing the continuing care agreement. Any determination that the resident can no longer function independently, with or without the assistance of an aide or aides, is to be made by the director of medical services of the facility and will be subject to the applicable requirements of the bill. The facility is to notify the resident in writing of any right the resident may have to appeal that determination. Also, each resident is to receive every service, as contracted in the continuing care agreement that was executed upon the resident’s admission, unless waived in writing by the resident with the exception of changes required by state or federal law or permitted in the continuing care agreement. The facility must notify residents in writing as to whether they will be charged a per diem fee during any time they are absent from the facility, whether for an overnight absence or a longer period. The measure was approved 37-0. It is at the governor’s desk for further consideration.
