CAPITOL NEWS AND COMMENT

The following items are taken from reports issued by legislators and other items of political concern.
Privacy Act
   Legislation Assembly Democrats Benjie E. Wimberly and Mila M. Jasey sponsored to place readers and purchases of books and electronic books — eBooks — under similar protections as library records by expanding reader privacy law has been advanced by an Assembly panel.
   Assemblyman Wimberly and Assemblywoman Jasey noted the invention of digital books and eReaders has raised questions around the country about privacy and broadening protections to include new literary mediums. California enacted similar legislation in 2011 extending library privacy laws to include digital book records.
   ”EBooks and online purchases have redefined the way we read, buy and borrow books,” said Assemblyman Wimberly, D-Bergen, Passaic. “These new methods raise questions regarding privacy and disclosure of personal information. Current law is simply too antiquated to adequately provide confidentiality in the digital age we are in. Individuals should be allowed to read, shop, without fear of intrusion. Just as with books you borrow at the library, your eBook preferences should also remain private.”
   Under current law, library records that contain the names of other personally identifying details regarding the users of libraries are confidential and protected from disclosure except in certain circumstances. The bill defines “book service” as a service that, as its primary purpose, provides the rental, purchase, borrowing, browsing or viewing of books.
   ”Times are changing rapidly in this evolving Internet era,” said Assemblywoman Jasey, D-Essex, Morris. “The truth is privacy has become more difficult to maintain in a world absorbed by social media and the Internet. However, we must try to keep up. We can begin by extending library privacy laws to cover new media and the new ways people are reading.”
   The legislators also cite a Wall Street Journal article, “Your E-Book Is Reading You,” discussing the types of information merchants and retailers now have access to through electronic readers and from purchases made through mega-merchants such as Amazon.
   ”It’s enlightening and very intimidating how much information can be gathered from an e-reader and your purchases,” Assemblyman Wimberly said. “With this legislation, New Jersey would continue to support innovation while beginning to look at greater protections for individuals who enjoy reading by electronic device.”
   ”As we progress in the digital era, we will have to upgrade and plug-in to the reality that this is a new world, a digital world,” Assemblywoman Jasey said. “Our laws must also protect and provide for this reality.”
   Under the bill’s provisions, a provider of a book service many only disclose the personal information of a book service user in the following circumstances:
   • To law enforcement in an ongoing criminal investigation.
   • To a person, private entity or nonlaw enforcement government entity in pursuant to a court order.
   • With a book service user’s informed consent.
   • In cases of imminent danger or death or serious physical injury requiring the immediate disclosure.
   • If the provider believes that the personal information is evidence directly related to a crime against the provider or that user.
   The measure (A3802) was released by the Assembly Consumer Affairs Committee.
Contract disputes
   Legislation Assembly Democrats Peter J. Barnes III, Patrick J. Diegnan Jr., Paul Moriarty and Bonnie Watson Coleman sponsored to help consumers combat unscrupulous businesses in contract disputes has been released by an Assembly panel.
   The bill (A756) prohibits terms and conditions in a consumer contract that require the dispute be resolved in a venue, forum or jurisdiction outside of New Jersey.
   ”Consumers deserve fair consideration when it comes to resolving these disputes,” said Assemblyman Barnes, D-Middlesex. “Being forced to travel out of state is not fair consideration. This bill targets unreasonable provisions for the benefit of not only consumers, but also companies who favor customer service.”
   ”This bill is designed, quite simply, to promote fairness for consumers,” said Assemblyman Diegnan, D-Middlesex. “Companies with sound and fair contracts have nothing to worry about. This is aimed squarely at companies that intentionally try to make it tough on consumers to resolve disputes.”
   ”Consumers know full well, unfortunately, the frustration that builds when language found deep within the fine print of contracts purposefully makes it difficult to easily and readily resolve disputes,” said Assemblyman Moriarty, D-Gloucester, Camden. “Residents and businesses that play by the rules deserve better, and that’s why this bill is aimed solely at protecting the rights of consumers.”
   ”In many cases, consumers only have two real options: agree to the unfair contract language or refuse to use the product or service, which isn’t really much of an option at all,” said Assemblywoman Watson Coleman, D-Mercer. “Enhancing consumer protections in this regard is simply the right thing to do.”
   The sponsors said the bill will assure consumers are not forced by businesses to resolve their disputes in distant and costly forums.
   Consumer contracts increasingly contain forum-selection clauses that require litigation or arbitration to take place outside of New Jersey, making dispute resolution costly and difficult for consumers. These contracts are typically standardized forms drafted with no input from the consumer and are offered on a take-it-or-leave-it basis.
   The consumer is agreeing to the contract without the benefit of an attorney and may not be able to afford to travel to resolve a dispute.
   The bill was released 3-1 by the Assembly Consumer Affairs Committee chaired by Assemblyman Moriarty.
‘Smart card’
   Legislation sponsored by Assembly Democrats Herbert Conaway Jr. and Timothy J. Eustace to explore ways to increase efficiency in the state Medicaid program and reduce the average monthly costs for recipients has been advanced by an Assembly panel.
   The bill (A4062) would establish the Medicaid Smart Card Pilot Program in the Division of Medical Assistance and Health Services of the Department of Human Services.
   The pilot program would be designed to reduce average monthly cost to Medicaid for recipients within the pilot program area by an amount that is relative to the costs of implementing the pilot program.
   Dr. Conaway and Assemblyman Eustace note the objective of the pilot program is to reduce the total amount of Medicaid expenditures by reducing the average cost per designated recipient. Sponsors also note the bill also would discourage Medicaid card fraud and abuse.
   ”Many residents rely on Medicaid services for health care,” said Dr. Conaway, D-Burlington. “Developing a more efficient system for Medicaid would preserve the integrity of the program and make it more accessible to those who truly need it. This pilot program would help us discover if and how we may improve the system.”
   ”Fraudulent behavior can be contributed to the rising costs of Medicaid in the state,” said Assemblyman Eustace, D-Bergen, Passaic. “The system the state uses to distribute and track Medicaid must protect the interests of the seniors and residents who depend on it.”
   The commissioner of Human Services will determine the geographic area to be included in the pilot program and may contract with an independent entity as determined appropriate for the purpose of developing and implementing the pilot program.
   The pilot program would include, but not be limited to:
   • Enrollment of designated recipients as pilot program participants.
   • Distribution of Medicaid Smart Card to those recipients.
   • Authentication of designated recipients at the point of transaction in order to prevent card sharing and other forms of abuse and fraud and any efforts necessary to protect the personal identity and information of the designated recipients.
   • Developing policies and procedures as necessary to the distribution and activation of the Medicaid Smart Cards for designated recipients.
   The bill directs the commissioner to apply for such state plan amendments or waivers as may be necessary to implement and to secure such federal Medicaid funding as may be available for state expenditures under the bill.
   The commissioner would be further directed under the bill to report to the governor and the Legislature, two years after the effective date of the bill on the resists of the pilot program.
   The Assembly Health and Human Services released the measure. It now will go to the Speaker for further consideration.
Anaphylaxis
   Bipartisan legislation sponsored by Assembly Republican Deputy Whip Nancy F. Munoz, known as the Higher Education Epinephrine Emergency Treatment Act, which allows colleges and universities to develop a policy for the emergency administration of epinephrine to a member of their campus community to treat an anaphylaxis attack, has been released by the Assembly Higher Education Committee.
   Anaphylaxis is a severe allergic reaction usually caused by a bee sting or eating foods known to cause allergies, such as peanuts, fish, shellfish and milk. Epinephrine medication, often administered with an EpiPen auto-injector into a person’s thigh, is a common way to treat the attack.
   ”An anaphylaxis reaction is often unexpected and can occur anytime and anywhere,” said Assemblywoman Munoz, R-Union, Morris and Somerset. “Reacting quickly can make the difference in saving someone’s life. New Jersey’s colleges have the personnel who know how to administer treatment, but they may not be immediately available. Training and preparing responsible members on the campus to administer epinephrine will save lives.”
   Assemblywoman Munoz’s bill, A3766/S2448, directs the secretary of Higher Education to establish policy guidelines for the emergency administration of epinephrine, which will be sent to the president of each institution. The bill provides immunity for a licensed campus medical professional, a trained designee and a prescribing physician for good faith acts in administering the medication.
College group
   Legislation sponsored by Assembly Higher Education Chairwoman Celeste Riley, D-Cumberland, Gloucester, Salem, and Assemblyman John S. Wisniewski, D-Middlesex, to create a task force charged with studying different ways to help make college more affordable for New Jersey students has been approved by an Assembly panel.
   ”Too many students are being forced to choose between taking on overwhelming amounts of debt to pay for a degree or avoiding college altogether,” Assemblywoman Riley said. “A college education should not be a luxury. Providing students with different options that could help lessen the financial hardship could mean the difference between putting off college and getting that degree.”
   ”Rising tuition costs are placing unbearable financial burdens on New Jersey college students and families,” Assemblyman Wisniewski said. “We should be working to make college more accessible, not less. This has the potential to open doors for students who, otherwise, could not afford it. Making higher education more affordable not only helps these students, but the state, which would benefit from a well-educated workforce.”
   The bill (A4444) establishes a College Affordability Study Commission for the purpose of examining issues and developing recommendations to increase the affordability of higher education in New Jersey.
   The commission would consist of 10 members, including the secretary of Higher Education, or a designee, the executive director of the Higher Education Student Assistance Authority or a designee and eight members appointed by the governor as follows:
   • The president of a public research university or a designee.
   • The president of a state college or university or a designee.
   • The president of a county college or a designee.
   • One member of the faculty of a public institution of higher education in the state, appointed upon the joint recommendation of the American Association of University Professors, the New Jersey Education Association and AFT New Jersey.
   • One student, who is enrolled in a public institution of higher education in the state.
   • One public member appointed upon the recommendation of the Senate president.
   • One public member appointed upon the recommendation of the speaker of the General Assembly.
   • One public member appointed upon the joint recommendation of the minority leaders of the Senate and the General Assembly.
   The commission will be charged with studying issues related to increasing the affordability of higher education in the state, including:
   • The creation of an Accelerated Degree Pilot Program, which would offer high-performing high school students interested in pursuing a medical degree or graduate-level science or engineering degree the opportunity of receiving that degree earlier than would be possible under a traditional program.
   • The creation of an Affordable Degree Pilot Program, which would allow students to earn a baccalaureate degree at a discounted tuition rate through a degree program partnership between a county college and a four-year public institution of higher education with the student completing the first two years of the program at the participating county college.
   • The creation of a Pay It Forward Pilot Program to replace the current system of charging students tuition and fees for enrollment at public institutions of higher education and allow students to, instead, pay back a percentage of their income for a certain number of years.
   • Methods to increase the performance of the New Jersey Better Educational Savings Trust, N.J.S.18A:71B-35 et seq., including, but not limited to: setting specific high standards for the selection of the investment manager to ensure that the program is ranked nationally as one of the best based on rate of return, expense ratios and other relevant criteria; improving investment options available to the investor, such as options that permit customers more flexibility to customize their portfolios; determining possible alternatives to the NJBEST Scholarship, such as an annual state matching amount per beneficiary without the requirement of the beneficiary attending a state institution of higher education; and allowing a gross income tax deduction for amounts contributed to NJBEST accounts.
   • Changes to the New Jersey College Loans to Assist State Students Loan Program, N.J.S.18A:71C-21 et seq., that will increase disclosure and make the program more consumer-friendly for student and parent borrowers, including, but not limited to, advertisement of the annual percentage rate for NJCLASS loans in addition to the interest rate; options for a borrower to choose either a co-signer or guarantor on a loan; an option for deferred loan payment of principal and interest while in school with a 10-15 year repayment period; and NJCLASS loan consolidation interest rates that more closely reflect market conditions.
   • Any other proposals the commission believes would increase the affordability of higher education in the state.
   The bill directs the commission to issue a report of its findings and recommendations to the governor, the Senate Higher Education Committee and the Assembly Higher Education Committee or their successor committees no later than 12 months after the commission organizes.
   The bill would take effect immediately, and the commission would expire 30 days after the submission of its report.
   The bill was released by the Assembly Higher Education Committee.
Heating oil
   The Bio-based Heating Oil Act, sponsored by Assembly Deputy Republican Leader John Amodeo, has been voted out of the Assembly Telecommunications and Utilities Committee.
   Assembly bill 3161 requires all heating oil sold in New Jersey to include a blend of renewable, clean-burning biodiesel.
   ”By transitioning to bio-based heating oil, we will be producing an efficient, environmentally safe energy source from waste products, including inedible animal fats and recycled restaurant grease, and using it to economically heat our homes and businesses,” said Assemblyman Amodeo, R-Atlantic.
   A3161 sets a graduated compliance schedule, requiring all heating oil sold in the state to include 3 percent biodiesel, eventually increasing to 5 percent from July 1, 2014, and thereafter.
   Biodiesel is biodegradable and produces less air pollutants than petroleum-based diesel.
   ”By adding a percentage of domestically produced and renewable biodiesel to our heating oil, we will substantially reduce greenhouse gases and slash household emissions of carbon dioxide by 1.5 million tons per year, according to some experts,” Assemblyman Amodeo said. “More importantly, we can achieve this without expensive investment in infrastructure or increased fuel costs.”
   Blends of up to 5 percent biodiesel are equivalent to pure petroleum-based heating oil. Researchers at Penn Sate University and Brookhaven National Laboratory have shown that a blend of up to 20 percent biodiesel can actually increase the performance of heating systems.
Communications
   An Assembly panel has approved a two-bill package sponsored by assemblymen Joseph Cryan and Tim Eustace to improve communications with utility customers during the event of an emergency and help prevent downed utility wires during storms — two measures inspired by the fallout from Hurricane Sandy.
   The first bill (A3619), sponsored by Assemblyman Cryan, would require electric, water and gas public utilities, telecommunications companies and cable television companies to annually submit a request in written form to each customer to obtain alternate modes of communication not associated with the customer’s account at which it may communicate with the customer in the case of a service interruption or emergency.
   ”Communication is key in any emergency,” said Assemblyman Cryan, D-Union. “This is a common sense plan that we want to make sure every utility provider is following to ensure that they always have a backup method to reach customers with critical alerts or notifications. For example, if I’m elderly or have health problems, and I’m without power during a storm, I want to know that my utility provider has a way of alerting me in the event that the outage will be prolonged, and I might need to seek alternate shelter.”
   Under the bill, emergencies would be considered any circumstance in which a public utility experiences a service interruption or is in immediate danger of experiencing a service interruption caused by a person or natural disaster, which includes, but is not limited to, fire, flood, earthquake or storm or the declaration of a state of emergency by the governor or the president of the United States.
   Specifically, the bill requires each public utility, telecommunications and cable customer be contacted by the respective service provide via the telephone number and email address associated with the account and the alternate mode of communication provided by the customer, i.e., an alternate wireless or landline number, email address or other mode of communication provided by the customer.
   The second bill (A3746), sponsored by both assemblymen, would entitle New Jersey property owners to claim a tax credit against the cost of vegetation management in the vicinity of electric utility lines in order to help prevent hazardous interactions between the vegetation and any electric utility lines on the property.
   ”This will, hopefully, incentivize residents and business owners to help manage the trees and other shrubbery on their property that could potentially down utility wires during a storm,” Assemblyman Cryan said. “Given how common this occurrence is, we need to find ways to work collaboratively to help prevent this scenario.”
   ”As we saw during hurricanes Sandy and Irene, trees downing wires are usually the most common cause of power outages, especially prolonged ones,” said Assemblyman Eustace, D-Bergen, Passaic. “Utility companies and local authorities have their hands full trying to manage this situation so if we can find a way to make it cost-effective for property owners to pitch in, hopefully, we can help prevent more outages.”
   To be eligible for the credit, any vegetation management work would have to be completed by a contractor, by a shade tree commission, by a licensed tree expert or by another party under the supervision of a licensed tree expert.
   For tax credit eligibility, these entities also would have to certify the work completed was the type of preventative work intended to be covered by the bill. Municipal shade tree commissions, due to their ability to charge property owners for tree care regardless of permission, would be not only permitted, but required to provide certification for any such preventative work charged to the property owner.
   Both measures were approved by the Assembly Telecommunications and Utilities Committee and await consideration by the full Assembly.