CAPITOL NEWS AND COMMENT: February 28

The following items are taken from reports issued by legislators and other items of political concern.
Sick leave
   Citing a report that a Paterson police officer on paid suspension for alleged sexual assault may cash in $70,000 worth of unused leave when he retires, Deputy Republican Leader Nancy F. Muñoz has said there is no excuse for not ending such an egregious and costly practice.
   ”If this isn’t a wake up call, I don’t know what is,” said Assemblywoman Muñoz, R-Union, Morris and Somerset. “This is everything that is wrong with the system. How many more outrageous examples of these kinds of ludicrous payouts do we need before lawmakers stop this unconscionable practice? For years, Republicans have been demanding the elimination of these huge end-of-career payouts to public employees for their unused sick days, but Democrat leadership refuses to take action.”
   According to the media report, city documents show the Paterson officer, who has been suspended with pay since 2007 for the alleged sexual assault of a prisoner, is among eight police officers and nine firefighters who will receive more than $1.65 million in accrued leave days when they retire.
   ”One of the reasons property taxes are so high is that towns like Paterson are stuck with a series of costly rules, such as this, that increases the cost of government,” Assemblywoman Muñoz said. “As the cost of government grows, taxpayers are paying a very high price. We are now a month into the new legislative session, and sick leave payout reform legislation we have sponsored has not even been scheduled for a committee hearing. Taxpayers deserve to know why.”
   Assemblywoman Muñoz, who noted New Jersey towns are facing almost a billion dollars in liability, said sick time should be used when a person is sick.
   ”If you’re lucky enough to be healthy, that is reward enough,” she said. “No one in the private sector enjoys such an outrageous and expensive perk. It’s time to enact the ‘zero means zero’ plan.”
   In addition to Assemblywoman Muñoz, Assembly Republican members Caroline Casagrande, Donna Simon and Declan O’Scanlon have sponsored A158, which would eliminate the practice of paying public employees for unused sick time.
School closing
   Legislation sponsored by Assembly Democrats Bonnie Watson Coleman, Mila Jasey and Thomas Giblin that would require any plan to close a school that is under state control first be approved by the school district’s board of education has been approved by an Assembly panel.
   The bill was prompted by a proposal in the Newark Public Schools to reorganize the district, including closing some schools. Newark is under state control, and the district superintendent is state appointed and state approved.
   The proposal has met opposition from some residents and school officials who argue the reorganization will have a negative impact on children and communities.
   ”Closing a school, no matter how-well intentioned the decision might be, is disruptive,” said Assemblywoman Watson Coleman, D-Mercer/Hunterdon. “The fact that such a decision can be made without the consultation of the school board charged with overseeing the school is disconcerting. This bill helps ensure the decision to close a school is well vetted and carried out with the best interest of students in mind.”
   ”The decision to shutter a school is an extremely drastic one and should be made only following careful consideration of the impact upon students, their families and the community,” said Assemblywoman Jasey, D-Essex/Morris. “The last thing we want to do is create a situation that is counterproductive to students and problematic for their parents.”
   ”Closing a school that has long been part of a community is not just emotionally tolling, but problematic if the potential drawbacks outweigh the merits,” said Assemblyman Giblin, D-Essex/Passaic. “It is vital that we do our due diligence and ensure a smooth transition that will not hurt our students.”
   The bill (A2216) provides that a school district board of education or state district superintendent must obtain approval from the commissioner of education prior to implementing a school closure.
   An application for approval of a school closure must include assurances the proposed closure is consistent with the district’s approved long-range facilities plan, will not lead to an increased use of temporary facilities, will not contribute to unlawful segregation of student populations and will not cause unreasonably burdensome transportation requirements for students.
   These assurances are similar to those currently required under State Board of Education regulations.
   The bill also requires a state district superintendent to get the approval of the school district board of education prior to submitting a school closure plan to the commissioner. The bill’s provisions would be applicable to any school closure plan submitted for approval on or after Jan. 1, 2014.
   The bill was released by the Assembly Education Committee.
Drug abuse
   In an effort to help combat the prescription drug abuse problem in New Jersey, Sen. Paul A. Sarlo has urged the state’s physicians to be more proactive in determining the prescription history of patients through participation in the state’s Prescription Monitoring Program.
   NJ Spotlight reported recently that only 15 percent of the state’s prescribing doctors and advanced practice nurses utilize the database to check if their patients have a pattern of misusing drugs.
   The program was established in 2012 under a law sponsored by Sen. Sarlo — and signed in 2008 — as a way to provide medical professionals with access to critical patient information.
   The statewide electronic database tracks all controlled dangerous substances and human growth hormone dispensed in most outpatient settings in the state and allows physicians to monitor patients’ prescribed medications through the system. All pharmacies in the state are required to regularly submit information on the drugs dispensed.
   ”We implemented this program as a way to provide physicians with a tool to safeguard against over-prescribing prescription drugs to patients, many of whom may be obtaining medications from a number of physicians,” said Sen. Sarlo, D-Bergen/Passaic. “In light of the prescription drug epidemic in this state, it is incredibly disappointing that more doctors are not utilizing the Prescription Monitoring Program.
   ”This program allows medical professionals to identify red flags in a patient’s history and to make informed decisions about whether to write a prescription for specific medications. I urge the state’s doctors to register with the monitoring program. The prescription drug problem has led to a surge in heroin abuse and addiction and has spread to all corners of the state.
   ”In order to address it, we have to stop the flow of prescription drugs at their source. Participation in this program by physicians must be part of a comprehensive plan to do that.”
   A State Commission of Investigation report issued last year showed that 843 drug-related deaths occurred in New Jersey in 2010. According to the report, prescription drugs were present in some form in nearly three-quarters of the cases recorded that year.
   In 2011, the latest year for which such data was available to the SCI, drug-related deaths statewide jumped to 1,008 — an increase of nearly 20 percent, the report said.
   Again, nearly three-quarters involved prescription drugs, the report showed.
   Sen. Sarlo sponsored the legislation as part of the effort to crack down on the abuse and diversion of prescription drugs. The Prescription Drug Monitoring Program is operated by the state Division of Consumer Affairs.
Forfeiture law
   Deputy Majority Leader Reed Gusciora, D-Mercer, Hunterdon, is proposing changes to the state’s Forfeiture of Public Office law so it readily will recognize federal criminal corruption convictions.
   Assemblyman Gusciora said, “The fact that Mayor Mack, despite his federal conviction, can continue to linger in office is a debacle for capitol city residents.”
   Under current state law (2C:51-2(b)(1), only those convicted of an “offense involving dishonesty or of a crime of the third degree or above” warrant “immediate” removal from office upon a finding of guilt.
   However, while the forfeiture law recognizes similar convictions under crimes of the United States, the public official can be removed only upon application of the county prosecutor or state attorney general.
   ”While I’m grateful that Attorney General Hoffman has moved swiftly to get such an order of removal in Tony Mack’s case, I believe the state should readily recognize such convictions in federal court, especially since the U.S. attorney is more and more involved in routing out corruption in public office in New Jersey,” Assemblyman Gusciora said.
   He is working on legislation to amend the Forfeiture of Public Office law by equally recognizing federal corruption convictions to New Jersey state law and, therefore, making removal from office immediate upon the finding of guilt in either state or federal court.
   ”Unfortunately, for now, city residents have to wait for a hearing on whether the federal conviction is valid. That is absurd,” Assemblyman Gusciora said.
   He noted Mr. Mack will continue to receive his salary and still not have to return to city hall.
   ”Trenton has serious challenges and needs stable leadership that will tackle crime, education and economic recovery,” Assemblyman Gusciora said. “Because of this loophole, we will, unfortunately, continue to have an absentee mayor who has been convicted of federal corruption charges. This city and state deserve better.”
Sandy aid
   Assembly Speaker Vincent Prieto, D-Hudson, and Assemblyman Jerry Green, D-Middlesex, Somerset, Union, have introduced legislation to add provisions to any distribution plan of Sandy relief funds by the state to ensure a more equitable distribution of funds going forward.
   ”It is clear from the numerous complaints from residents and communities affected by the storm that the administration’s initial distribution plan was flawed,” Speaker Prieto said. “The state cannot afford to make the same mistakes twice. This bill creates clear guidelines for the state to follow as it readies to distribute a second round of Sandy relief funds and ensures there are no further delays in getting residents and municipalities still waiting for help the assistance they need to fully rebuild.”
   ”The administration’s handling of the first round of funds has been lackluster and done little to nothing for many residents who had their homes severely damaged by the storm,” said Assemblyman Green, who is chairman of the Assembly Housing and Community Development Committee where the bill was introduced. “The fact that there are residents still struggling to rebuild more than a year after the storm is a disgrace. Following these provisions can help avoid the same problems that plagued the first round of funds and get these residents the help they need to finally get back on their feet.”
   The bill (A2568) would require that any state action plan or amendment submitted to the United States Department of Housing and Urban Development for the proposed use of Community Development Block Grant Disaster Recovery aid for relief efforts associated with Hurricane Sandy include certain provisions to make the distribution of aid more equitable and transparent.
   The provisions are:
   • Aid be distributed by county and municipality in proportion to the damage sustained within each county and municipality.
   • A county or municipality, which did not receive aid from a prior ad distribution in such proportion, receive priority in the receipt of aid from a future aid distribution to compensate for the difference.
   • Aid be distributed to renters and homeowners in urban communities in proportion to the damage sustained by each category of residents in urban communities and be distributed to renters and homeowners in suburban communities in proportion to the damage sustained by each category of residents in suburban communities.
   These proportions would be based upon the percentage of affected renters of homeowners in urban or suburban communities as applicable.
   • Aid for infrastructure only be distributed to a county or municipality if it allows and facilitates rebuilding and, if necessary, replacing homes for both renters and homeowners.
   • The Department of Community Affairs investigate the low participation rates and high rejection rates of applicants from African-American and Hispanic-American communities.
   • Aid be used to conduct outreach efforts to these underserved communities, including paid media campaigns and direct outreach to community organizations.
   • Additional be set aside for Spanish-speaking individuals who did not receive aid from a prior aid distribution due to the state’s provision of incorrect information in Spanish.
   • The DCA post on its Internet website information about how aid has been and will be allocated, including information about every step in the allocation process, for all prior and future aid distributions.
   • The DCA establish clear and uniform procedures by which aid is applied for and granted for each aid program it administers.
   • The DCA post these procedures on its Internet website.
   • The DCA post on its Internet website and include in its application materials a complete list of all documents required to apply for aid from these programs.
   • These procedures include an opportunity to correct any deficiency with an application.
   • The DCA establish a tracking system on its Internet website and that also may be accessed by telephone or in person that allows each applicant to check on the status of an application and whether any additional documentation or materials are needed for aid to be granted.
   • The DCA establish clear and uniform standards for the grant of aid to applicants who live or used to live, at the time of Superstorm Sandy, in a manufactured home or mobile home.
   • The DCA establish a clear, predictable and transparent appeals process in which applicants are given clear and specific reasons for any denial of aid or other related determinations.
   • The DCA establish a reasonable timeframe for the appeals process.
   • The DCA provide applicants on a wait list for aid a statement that explains the wait list process, indicates their location on the wait list and advises how updated information regarding the wait list may be obtained.
   • The DCA establish clear guidelines and procedures for local contractors to obtain relief work in accordance with section 3 of the Housing and Urban Development Act of 1968.
   • Aid be set aside to assist applicants who did not receive aid from a prior ad distribution due to the lack of clarity or transparency in the process by which aid was distributed.
Student tests
   Assemblyman Dave Rible wants to limit the amount of standardized tests administered to New Jersey students.
   He is sponsoring a bill that would prohibit testing other than assessments mandated by the state and federal government. He said the measure was drafted in response to concerns about the amount of standardized testing in schools.
   ”Parents and educators are becoming increasingly concerned about the amount of testing that we are imposing on our schoolchildren,” said Assemblyman Rible, R-Monmouth and Ocean. “While I recognize the need for student assessment, we need to ensure that we are not mandating so much testing that we are actually harming the students.”
   He said the implementation of the new Common Core Curriculum Standards is adding to concerns about the amount of testing required. At a recent hearing of the Assembly Education Committee, officials involved with implementing the new standards attested to the inconsistency in standardized testing among different school districts. They also conceded the new standards will not result in a decrease in student assessments.
   ”With these new standards, we could be looking at even more required testing,” he said. “It is important that we limit assessments to only the absolutely essential tests and do not add to the already significant amount of testing in our schools.”
   Under the legislation, school districts would be able to administer currently mandated testing such as the NJASK and HSPA. In addition, the measure allows districts to comply with other mandates, including teacher evaluations, by requiring school districts to demonstrate to the state Department of Education why the assessment is necessary.
   ”As a parent of a public school student, I have seen firsthand the impact of school testing on children who are stressed and reaching their breaking point,” Assemblyman Rible said. “We need to find the balance that will allow our schools to prepare our children for success but, at the same time, lets our kids be kids.”
Bail reform
   Citing the need to protect the public from dangerous offenders, Assemblyman Sam Fiocchi has signed on as a sponsor of bail reform legislation.
   ”We need to arm our law enforcement community with every reasonable tool to fight violent crime,” said Assemblyman Fiocchi, R-Cumberland, Cape May and Atlantic. “That includes giving New Jersey judges the ability to deny bail to a defendant who poses a danger to the community. Keeping violent offenders behind bars while awaiting trial will not only reduce the risk of violence in our communities, but it will prevent them from further hurting or intimidating their victims or witnesses.”
   Assemblyman Fiocchi co-sponsored ACR22, which would permit voters to decide if New Jersey judges should be allowed to deny bail for dangerous defendants. The legislation, which mirrors current federal law, also is sponsored by Assembly Republicans Donna Simon, Dave Rible, BettyLou DeCroce and Anthony M. Bucco.
   Noting a federal Bureau of Justice Statistics study that shows one in six offenders released on bail commits another crime before trial, Assemblyman Fiocchi said he is pleased Gov. Christie is making bail reform a priority in the new legislative session.
   In his recent State of the State address, the governor called on the Legislature to pass bail reform legislation.
   ”In December, a husband, out shopping with his wife, was shot in the head and left for dead in the Short Hills mall parking garage by four suspects, all of whom had previous criminal records,” Assemblyman Fiocchi said. “We must take action now to help prevent such senseless and tragic deaths in the future. I’m certain the people of New Jersey will overwhelmingly support this measure if given the opportunity.”
Revenue
   Legislation sponsored by assemblymen Craig Coughlin and John Wisniewski, both D-Middlesex, to explore ways to capitalize on the state’s major highways and generate new state revenue without raising taxes has been approved by an Assembly panel.
   ”It’s incumbent upon us to seek creative ways to boost revenue without burdening taxpayers,” Assemblyman Coughlin said. “Our current transportation infrastructure demands that we think outside the box to find new revenue sources to help meet our long-term needs.”
   The bill (A801) would direct the New Jersey Turnpike Authority and the South Jersey Transportation Authority to study and prepare separate reports concerning potential opportunities for increasing current and generating new revenue by providing additional and higher quality services at rest areas and service plazas along the Turnpike, the Garden State Parkway and the Atlantic City Expressway.
   The services would include, but not be limited to, business, commercial or retail services.
   Under the bill, the reports would have to identify the types of services that may be offered, the types of businesses that may be involved, how the services may be managed and the role of each authority in offering these new services.
   The bill would be effective immediately, and each authority would have 12 months to submit their reports to the governor and the Legislature.
   The sponsors proposed the legislation in response to a recommendation in the report issued by the New Jersey Privatization Task Force in May 2010, which indicated there are numerous revenue generating opportunities for the Turnpike Authority to explore.
   The bill was released by the Assembly Transportation and Independent Authorities Committee.