The following items are taken from reports issued by legislators and other items of political concern.
‘Spy apps’
Assembly Republican Ron Dancer, R-Ocean, Burlington, Monmouth and Middlesex, is concerned about the continued erosion of personal privacy and the weakening of Fourth Amendment constitutional privacy rights.
Assemblyman Dancer has introduced legislation intended to give consumers clarity about the privacy policies of telecommunications companies on their monthly bill and the conditions under which the company may disclose the customer’s proprietary information.
The bill, A4294, directs the Board of Public Utilities to develop a public awareness campaign designed to let people read the “fine print” in an understandable way.
”First and foremost, these bills are designed to protect the consumer, who should be aware of what personal information is being shared or accessed by third parties,” Assemblyman Dancer said. “A public awareness campaign by the BPU will let people know that by virtue of signing with a telecommunications carrier, they may have implicitly approved of the sharing of proprietary information with other companies. The fine print on privacy agreements needs to be worded in a conspicuous and understandable way so the consumer knows what they are signing.”
Assemblyman Dancer’s second bill, A4416, makes it a third-degree crime for a person to use a software application that can be downloaded onto someone’s cell phone that disables or hides notification to the user that their phone contains global positioning software disclosing their whereabouts or that their cellular communications can be accessed by a third party.
Assemblyman Dancer’s legislation is similar to that of a New York assemblyman who is pushing for a ban on such smartphone “spy” applications marketed as “Spy2Mobile” and “iTrack.”
”There is an explosion of technology on the market that effectively eavesdrops on private communications or discloses where people are without their knowledge,” Assemblyman Dancer said. “Most consumers are not aware of the level of sophistication, which some applications provide. They are marketed as ‘fun’ products, but they have the effect of making people vulnerable to predators.
”Downloading a location tracker onto someone’s cell phone without their consent is devious and dangerous. These kinds of intrusions are akin to an illegal wiretap. There is nothing innocent about intruding into someone’s personal affairs, and, at the very least, an individual should have the choice to decide whether you want to subject yourself to more surveillance.”
Samaritan law
Joined by professional experts the day before the one-year anniversary of Superstorm Sandy making landfall in New Jersey, Assembly Majority Leader Louis Greenwald, D-Camden, Burlington, called for good Samaritan legislation to improve the state’s ability to respond to large-scale natural disasters.
Modeled after successful approaches used in 26 other states, A3694 would bolster safety inspection capacity in the aftermath of disasters like Sandy, the scale of which easily can overwhelm local governments.
”Whether it is tornadoes in Alabama, earthquakes in California or hurricanes in New Jersey, good Samaritan laws are critical in ensuring a safe, effective and speedy response to major natural disasters,” Assemblyman Greenwald said. “By passing a good Samaritan law in New Jersey, we will better prepare our state to respond rapidly and efficiently to the next Superstorm Sandy.”
Assemblyman Greenwald’s legislation, A3694, would shield licensed architects and professional engineers from liability when they volunteer their services in response to major natural disasters. Without such protection, many of these professionals are deterred from volunteering their professional aid in times of critical need — unduly restricting the ability to quickly and effectively provide safety inspections after a large-scale disaster.
”When our communities are in crisis after a natural disaster, they need all the help they can get,” Assemblyman Greenwald said. “Yet the potential for massive lawsuits keeps these critically needed volunteers on the sidelines. By enacting a good Samaritan law, we will promote public safety while greatly strengthening our state’s ability to effectively respond to disasters.”
According to a 2013 article in Crain’s New York Business, nearly 400 architects stood ready to use their professional expertise to assist in assessing storm-damaged properties in New York City days after Superstorm Sandy hit. But the specter of thousands, if not millions, of dollars in potential lawsuit liability deterred the vast majority from volunteering their assistance, leaving local officials overwhelmed by the scale of the task.
Without a good Samaritan law, New Jersey faces a similar problem.
In contrast, Alabama’s good Samaritan law, enacted in 2005 after Hurricane Katrina, was crucial in the aftermath of devastating tornadoes that killed 64 people and caused $2.2 billion in damage in April 2011. In response to the devastating category EF-4 tornado, more than 200 professionals volunteered nearly 1,300 hours in Tuscaloosa alone, inspecting more than 7,000 buildings for safety — critical assistance given the municipality’s limited staff resources.
”Volunteer licensed architects have been a key component in disaster response across the country for decades,” said Jack Purvis, president of the American Institute of Architects, New Jersey chapter. “Majority Leader Greenwald’s good Samaritan legislation will promote better safety and more efficient disaster response for the next natural disaster that hits New Jersey.”
”When major disaster strikes, volunteer professional engineers stand ready to answer the call,” said Robert Thiel, president of the New Jersey Society of Professional Engineers. “Majority Leader Greenwald deserves great credit for this good Samaritan bill, which will help New Jersey better respond to the next big storm.”
To protect property owners, licensed professionals would be shielded from liability only after meeting A3694’s rigorous legal standards. To qualify for immunity, licensed architects or professional engineers must provide professional services:
• Voluntarily and without compensation.
• At the request of a federal, state or local public safety official acting in his or her official capacity.
• At the scene of a declared national, state or local emergency caused by a major hurricane, earthquake, tornado, fire, explosion, collapse or similar disaster.
• During a limited period of time after the disaster (90 days following the emergency with extensions permitted by gubernatorial executive order under the governor’s emergency powers).
Under the bill, licensed architects or professional engineers would remain liable for the full extent of damages caused by their own acts or omissions that are wanton, willful or grossly negligent.
A3694 has been referred to the Assembly Regulated Professions Committee.
Flooding
Sen. Michael Doherty, R-23, has voiced his support for an effort by the Warren County Board of Chosen Freeholders to prevent Delaware River flooding by reducing the maximum permitted capacity of upstream New York City reservoirs from 105 percent to 90 percent of capacity.
”Flooding along much of the Delaware River has become a regular occurrence when heavy rains hit the region, but it doesn’t have to be that way,” Sen. Doherty said. “We should revisit current rules that are meant to protect New York City from drought, but, instead, relegate the Delaware River Basin in New Jersey and Pennsylvania to recurrent and unnecessary flooding.”
As the freeholders noted in a resolution adopted at a meeting Oct. 23, a decree issued by the United States Supreme Court in 1954 governs how water in the Delaware River Basin is diverted, stored and released.
Under that decree, the City of New York is permitted to maintain reservoirs at 105 percent of capacity from May 1 to June 15 of each year to prevent summertime water shortages that might affect residents of the city.
Warren County Freeholder Edward J. Smith, the sponsor of the resolution, noted that, with no excess reservoir capacity to collect stormwater during that period, heavy rains from a wide region that feeds into the New York City reservoir system are funneled down the Delaware River, putting lives, property and infrastructure in New Jersey and Pennsylvania at risk.
The freeholders’ resolution seeks to require upstream reservoirs be maintained at a maximum of 90 percent of capacity at all times, providing excess capacity to hold water collected from significant rain events, thus preventing downstream Delaware River flooding.
Sen. Doherty said he will reach out to state officials urging an effort to amend the decree as the Warren County Freeholders have proposed.
”The 1954 decree has been amended before, and I think it makes sense to do so again considering the history of flooding along the Delaware River,” Sen. Doherty said. “Maintaining a bit of extra capacity in New York City’s reservoirs will do little to diminish the city’s ability to maintain a sufficient supply of drinking water, but it will do much to protect residents along more than 100 miles of the Delaware River from the ravages of flooding.”
Leadership
Deputy Assembly Republican Leader Anthony M. Bucco said the recent announcement by Gov. Christie that the state’s unemployment insurance trust fund will return to solvency by the end of this week is positive news for the state’s economy, workers and employers.
Assemblyman Bucco is a primary sponsor of legislation (A4188) signed into law several weeks ago that will prevent employees who return to work from illegally collecting UI benefits.
The bill stipulates employers must inform the Department of Human Services of newly hired workers or those who have been rehired after being separated from that employer for at least 60 days. Once the information is received by DHS, it will be shared with other state agencies that administer compensation programs for those who are unemployed, including the Department of Labor and Workforce Development.
”Three years ago, the UI fund was in a dire state, and employers were facing significant payroll contribution increases in order to keep the fund balance at the required level,” said Assemblyman Bucco, who is a member of the Assembly Budget Committee. “That hike would have had far-reaching consequences on businesses and their employees.
”The Department of Labor and Workforce Development identified areas where people were gaming the system and contributing to the fund’s precarious balance. By enacting common sense reforms and improving the exchange of information between government agencies, millions of dollars are being saved. Those savings are keeping companies from paying an inflated payroll tax that affects their operation and their workforce. The fund’s return to solvency is an important step in continuing to move our economy in the right direction and ensuring that benefits are there for those who have a legitimate claim.”
In January, companies faced a major payroll tax increase under the Federal Unemployment Insurance Tax Act to replenish the trust fund to its required level. Returning the fund to solvency averts the potential tax hike that would have imposed substantial cost increases on businesses in New Jersey.
Sen. Steve Oroho and Assembly members Parker Space and Alison Littell McHose, all R-Sussex, Warren and Morris, also lauded the announcement by Gov. Christie.
The District 24 legislators are sponsors of legislation signed into law this year that helped with the turnaround. All three are sponsors of S2404, which eliminated the 10 percent surcharge on employer unemployment taxes during Fiscal Year 2014. Assemblyman Space is a primary sponsor of S2738 that assesses a penalty against an individual who fraudulently obtains unemployment benefits at 25 percent of the amount obtained by deception.
”Returning the UI fund to solvency is excellent news for New Jersey,” Sen. Oroho said. “Making that happen as quickly as the administration did is outstanding and no doubt will aid our state’s continued economic recovery.”
”Returning the unemployment insurance fund to solvency is not only good news for the business community, but for employees as well,” Assemblywoman McHose said. “When companies can reduce costs such as exorbitant UI taxes, those kinds of savings benefit employees, future employees and consumers. Our focus on reducing this expense will help to continue the economic turnaround our state is experiencing.”
It is estimated that because of the anti-fraud reforms and improved fiscal management, New Jersey employers will save $211 million.
”The unanimous legislative support for S2738 and S2404 shows how a growing problem was made a priority and resolved,” Assemblyman Space said. “In order for our economy to keep growing and creating jobs, we need to eliminate all types of fraud, waste and abuse. In three years, we have been able to work in a bipartisan manner to fix a problem that persisted for too long.”
Taxpayer champs
Sen. Sam Thompson and Assemblymen Ron Dancer and Rob Clifton, all R-Monmouth, Ocean, Burlington and Middlesex, have been named Taxpayer Champions by the New Jersey Taxpayers Alliance.
All three legislators received perfect scores from NJTA which compiled legislators’ votes on seven bills that affect taxpayers and New Jersey’s economy.
The scorecard consisted of votes of support for reforms of business taxes and incentives to create jobs, fighting fraud in the unemployment insurance fund and bills to reduce bureaucratic red tape.
”The best interests of our taxpayers must always be our top priority,” Sen. Thompson said. “We have worked with the governor to provide property tax relief and to implement pro-business policies in an effort to make New Jersey more affordable. As a result, New Jersey’s economy is on the rebound, and people are optimistic about the future.”
”Legislators have an important responsibility to ensure that taxpayer dollars are spent wisely,” Assemblyman Dancer said. “A key part of New Jersey’s economic comeback is making sure that policies, which create jobs and protect the hard-earned income of taxpayers, are advanced. We must remain focused on reducing the cost of government and creating opportunities to provide people with more jobs and greater job security to earn a living in a more affordable New Jersey.”
Sen. Thompson and assemblymen Dancer and Clifton were joined by 21 other legislators in achieving a perfect score from the Alliance.
”Taxpayers in New Jersey rightfully expect government to operate efficiently and effectively,” Assemblyman Clifton said. “Legislation that encourages economic growth means job creation and keeps our state competitive in the global marketplace. Our ongoing challenge is to look for more ways to grow our economy and let the hardworking people in this state keep more of their income.”
Tuition equality
Assembly Democrats Joe Cryan and Annette Quijano expressed their continued support for tuition equality and the opportunity it will provide for undocumented college-bound students who have been fighting to pay the in-state tuition rate afforded to their counterparts.
”As we start our new legislative session, we will continue to work to eradicate policies that discriminate against any segment of our population,” said Assemblyman Cryan, D-Union. “We cannot promote education as a path to success, then turn right around and set up roadblocks. It’s hypocritical and wrong. Now that the governor has gone on record to declare his support, I’m more hopeful than ever that tuition equality will become law in New Jersey. We will do our part to make sure this happens.”
”Right now there is a high school senior contemplating her future after graduation,” said Assemblywoman Quijano, D-Union. “To tell her she may not be able to afford to go to a state college because she has to pay the out-of-state tuition is reprehensible.
”The governor last month gave the fight for tuition equality even more steam when he publicly announced his support for it. We are almost at the finish line.
”To the advocates and those students who have made their voices heard on this issue, I promise that we will work hard to ensure that this disparity becomes a thing of the past, and tuition equality becomes law in New Jersey.”
