CAPITOL NEWS AND COMMENT: March 13

The following items are taken from reports issued by legislators and other items of political concern.
Birth records
   Assembly Speaker Vincent Prieto, D-Hudson, and Assembly Human Services Committee Chairwoman Valerie Vainieri Huttle, D-Bergen, have issued a multimedia package in which they discuss the importance of legislation to allow New Jersey adoptees access to their original birth certificates and family history for medical purposes.
   The bill (A1259) would allow adoptees, 18 years old or older, to request from the state registrar access to an uncertified, long form copy of their original birth certificate. Under the bill, adult adoptees also would have the right to contact the adoption agency, or any intermediaries who facilitated the adoption, to obtain any available medical or family history information contained in their adoption records.
   In the interest of protecting the privacy of the birth parents, the bill would provide them with the ability to indicate a contact preference with the adopted person. Birth parents would be able to file documents with the state registrar stipulating whether they prefer direct contact with the adopted person, contact only through an intermediary or no contact at all.
   The measure received final legislative approval from the Assembly in February by a vote of 44-27-3.
   The multimedia package consists of a video of Speaker Prieto and Assemblywoman Vainieri Huttle discussing their legislation and audio and a transcript of same.
   The video can be accessed directly at: www.assemblydems.com.
JCP&L costs
   Assemblywoman Caroline Casagrande denounced a tentative settlement that would pass a repair bill of $736 million down to JCP&L ratepayers.
   ”This is a tough one to take,” said Assemblywoman Casagrande, R-Monmouth. “After the storms, our communities were left in the dark, in large part due to JCP&L’s operational dysfunction. Furthermore, the power remained off for far too long in many neighborhoods. It is outrageous that the company that couldn’t turn the lights back on is getting the OK to jack up rates on the very customers they failed. This is the worst kind of bailout, levied on the ratepayers.”
   Assemblywoman Casagrande said the tentative settlement was especially disappointing when only a month ago the BPU said JCP&L, should cut rates by $200 million. The company was cited for earning a profit in excess of its state-approved level.
   ”We just found out that JCP&L has spent years overcharging their customers while neglecting to upgrade and improve their infrastructure,” the assemblywoman said. “This substantial rate increase is unacceptable in light of JCP&L’s past performance. These repair costs should be borne by the company shareholders who have been reaping the rewards of excessive profits. Trimming trees, fixing poles and wires, and maintaining the distribution system is a ‘cost of doing business’ when you are charging customers for power.”
Open records
   Assembly State Government Committee Chairwoman Linda Stender has released the following statement on reports the Christie administration has denied an open public records request by the Fair Share Housing Center for copies of reports from the integrity monitors hired to oversee the disbursement of federal Sandy relief funds.
   ”It is unconscionable that the Christie administration is willfully violating state law and refusing to shine light on questions about where and how federal Sandy aid has been spent, especially in light of the problems that have been reported with contractors hired to help administer the funds,” she said.
   ”The public deserves answers as to who received these contracts. Instead, the governor is turning his back and answering with silence.
   ”It’s even more outrageous that the administration dragged their feet for almost a year in implementing the transparency law. It begs the question: What are they hiding? When we’re met with silence, it only serves to confirm suspicions.
   ”Before we spend another billion-plus dollars that is expected in federal aid, it’s important that we know where the first almost $2 billion went,” said Assemblywoman Stender, D-Middlesex, Somerset, Union.
Heroin laws
   In order to assist law enforcement in combating heroin trafficking in New Jersey, Sen. Paul A. Sarlo has introduced legislation to strengthen penalties for manufacturing, distributing and dispensing the potent and deadly drug.
   The bill would decrease the amount of heroin that constitutes certain offenses involving trafficking. In doing so, it would ensure traffickers dealing small amounts of the drug face steeper criminal penalties.
   ”Heroin abuse is an epidemic in this state that is causing hundreds of overdose deaths each year,” said Sen. Sarlo, D-Bergen. “It no longer is a problem that exists only in certain areas, but has reached all corners of New Jersey. The fact that it is cheap and being distributed in a purer form that can be snorted is also cause for concern since it is luring younger users throughout the state. We have to address this problem. However, the criminal penalties for trafficking in many cases amount to no more than a slap on the wrist. This bill gives law enforcement additional tools to hold dealers accountable and to assess a penalty that fits the seriousness of the crime.”
   Heroin is inexpensive and readily available with demand having grown sharply in recent years. The demand has been fueled in part by individuals with pill addictions who make the transition into heroin abuse.
   The drug, chemically similar to Oxycodone and other opiate-based medications, offers an even more powerful high than painkillers at a much lower price with a dose costing about as much as a pack of cigarettes. Additionally, while heroin once scared off people who were fearful of injecting themselves with needles, it now is available in a form pure enough to be snorted. This convenience is enticing users as young as 14.
   Current law allows drug dealers to meet the growth in demand while avoiding the most severe criminal penalties.
   ”Penalties for trafficking are determined by the weight of the substance, meaning that crimes involving heroin are being treated the same as those related to cocaine despite the seriousness of the drug,” Sen. Sarlo said. “This ignores the differences in how the drugs are dealt and used and, in many cases, is resulting in heroin dealers walking with just minor criminal penalties. By reducing the thresholds for certain offenses, we will ensure that traffickers dealing small amounts of this potent drug face steeper sentences for manufacturing and distributing it on our streets.”
   A report issued in July 2013 by the State Commission of Investigation evaluated this issue and offered recommendations for a proportioned decrease in the thresholds for heroin offenses, finding: the threshold for a first-degree offense should be lowered from 5 ounces to 2.5 ounces; for a second-degree offense should be lowered from one-half ounce to 0.17 ounce; and any amount less than 0.17 should be a third-degree offense.
   The bill incorporates these recommendations, thereby decreasing the thresholds for offenses involving heroin with regard to manufacturing, distributing or dispensing heroin or having heroin under one’s control with the intent to manufacture, distribute or dispense.
   A crime of the first degree carries a penalty of up to 20 years in prison or a fine of up to $200,000, or both; a crime of the second degree carries a penalty of up to 10 years in prison, a fine of $150,000, or both; and a crime of the third degree carries a penalty of up to 5 years in prison, a fine of up to $15,000 or both.
Bi-state groups
   Assembly Republican members Amy Handlin, Michael Patrick Carroll, Holly Schepisi and Greg McGuckin have introduced a series of bills aimed at reforming the way bi-state agencies, such as the Port Authority, are operated and governed.
   The sponsors’ purpose of the proposed legislation is to offer solutions and improvements to the way bi-state authorities are structured, overseen and made more transparent to the public.
   ”All effective organizations have checks and balances in place,” said Assemblywoman Handlin, R-Monmouth. “Updating and improving those currently in effect at the Port Authority is essential and will improve the transparency that has been lacking. An investigator general will make people think twice about the decisions they make and whether the public interest is being served. Full financial disclosures should be a staple of all authorities so there is no mystery about any outside interests they have and whether there is a potential conflict.”
   ”Regrettably, the Port Authority — yet again — finds itself in the news for unflattering reasons,” said Assemblyman Carroll, R-Morris and Somerset. “Common sense improvements of this sort are long overdue, and the Legislature labors under no compulsion to abide by the results of the SCI investigation before addressing the problems we already know exist.”
   ”It is obvious the culture at some of the authorities is out of hand,” said Assemblywoman Schepisi, R-Bergen and Passaic. “The defiance demonstrated by the disregard of audit recommendations and the lack of concern for the taxpayers and residents who rely on these officials by entrusting them with their EZPass or cash requires legislation that will ensure a new operational standard.
   ”Some out-of-control entities demand action to reinforce their obligation to fulfill the mission of the authority. Authorities are not private concerns that can operate for the personal gain of a few shareholders or executives. Commissioners, board members and high-level employees must be held accountable to their fiduciary duties, ethical standards and moral responsibilities. Authorities have been operating in the dark for too long. It is time to open the lid and shine some light on the inner workings of these authorities by requiring information be made available to the public and the media about contracting, debt, spending and personnel.”
   ”The problem is that many of the state’s independent authorities have taken the word ‘independent’ too literally,” said Assemblyman McGuckin, R-Ocean. “They are veiled in secrecy and virtually unaccountable to anyone. This package of long-overdue, comprehensive legislation is designed to end widespread mismanagement, self-serving decisions and corruption at these agencies.
   ”The governor is to be commended for his efforts in reining in the abuse of public dollars and unethical behavior at several of these agencies. It now time for the Legislature to act. Audits are a necessary first step, but it is obvious top officials at these authorities continue to ignore their recommendations. These bills will force compliance. More importantly, they will usher in a new era of cultural and operational changes at these shadow authorities.”
   The following bills were introduced:
   • A2856 — Legislation that establishes a fixed term for the Port Authority’s executive director and deputy executive director and requires approval from governors of both New Jersey and New York prior to the employment of the directors.
   • A2858 — Requires bi-state authorities to provide advance written notice to municipalities and newspapers in general circulation within 5 miles of the facility as well as motorists of any operation or project that is expected to impede the free flow of traffic.
   • A2887 — Requires independent state authorities and local authorities to adopt various good governance reforms, including adoption of a code of ethics for each officer and director; acknowledgement by board members they understand their role and fiduciary responsibilities; implementation of audit recommendations; and posting on its website a sworn and notarized financial disclosure statement for each of its board of commissioners.
   It also subjects each authority to the state’s Open Public Records Act and increases potential penalties for violations by authorities of the state’s Conscientious Employee Protection Act.
   • A2886 — Requires bi-state authorities to adopt the good governance reforms noted in A2887 and establishes an Office of the Investigator General within each of four bi-state authorities.
   The office is to be directed by an investigator general who is to be appointed by the governor with the advice and consent of the Senate. The investigator general is to serve for one term of 10 years.
   • A2857 — Requires the state comptroller to receive and provide certain independent authority financial and employee information on the state comptroller’s website.
   The authorities are to provide information regarding their revenues, expenses and debts; number of employees; annual employee compensation; data on pension payments of former employees; and the name and amount of compensation paid to any governmental affairs agent hired by the authority.
   • A2855 — Establishes a new crime of official interference with transportation.
   A public official would be guilty of this crime if he or she knowingly commits an act that is an unauthorized exercise of the official’s functions and interferes with the progress of any form of transportation on the roadways, highways, bridges, railways, waterways or airways of this state.
   Official interference with transportation would be a fourth-degree crime punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000 or both.
Farmers bill
   Legislation has been introduced by Sen. Dawn Marie Addiego, Assemblyman Chris Brown and Assemblywoman Maria Rodriguez-Gregg that safeguards the interest of local farmers who cultivate and harvest preserved lands.
   The bill addresses a concern with current state law that requires a bidding process for farming rights that fails to consider a farmer’s long-established connection to the land.
   ”Burlington County has set a standard as a leader in the preservation of farmland, and when we invest to preserve a farm, the intent is to restrain development and growing property taxes and also to perpetuate the history and heritage of the farming operation,” Sen. Addiego said.
   In a recent incident involving land purchased for preservation by the county in 2007, a local farmer negotiated a lease to continue farming the parcel for two years. When that original lease expired, the land was put to bid for farming purposes, and in the second round of bidding, the farm family with a long-standing relationship to the property was unsuccessful.