Legislative Briefs

NJBIA prepares detailed Legislative Briefs on all important bills that are pending in the State Legislature, as well as Issue Briefs and Regulatory Briefs on other priority issues.  If your employer is an NJBIA member, you can request a free copy of one or more Briefs. Please go here to submit a request form and we will Fax or e-mail the Brief(s) to you.

Our Paid Family Leave Brief has been made available for download here as a sample.

If you are not an NJBIA member and would like to join the Association, please submit your contact information to our Membership Department or give us a call at 609-393-7707, ext. 238 or 220.

INDEX OF NJBIA BRIEFS
Updated June 10, 2009

Economic Development & Taxation | Education | Energy | Environment
Healthcare | Human Resources | Legal | Small Business

Economic Development & Taxation
Online Request Form

• A460/S-551
  Allows S-Corporation to transfer corporate business tax credits to shareholders.

• A500/S-1783 (P.L. 2008, Ch. 46)
  This law revises existing State affordable housing laws, providing for new targets for affordable housing creation and methods of affordable housing financing.

• A-506
  Property tax exemption for business equipment and machinery

• A-723/S263/S259
  This bill would restore "net operating loss" (NOL) tax deduction for businesses liquidated between 2002 and 2005.
  
  
• A-1067
  Mandates that merchants provide sales tax information sorted by municipality of collection.

• A-1181
  Virtually eliminates the hiring of private employers to provide noneducational services in public schools. 

• A-2124
  Provides a small business tax credit for cost of healthcare benefits. 
  
  
• S-2485/A-3738
  Makes changes in the recently adopted 2.5 percent nonresidential development fee, which funds the creation of affordable housing under rules of the Council on Affordable Housing (COAH).
  

• A-2599/S-1556
  This bill permits all municipalities to impose an "occupancy" tax on petroleum product refineries and storage facilities.  The bill permits the municipality to establish the tax rate. 
  
  
• A-2626/S-2136/A-1449
  Structure corporate tax to reward businesses with headquarters and plants in New Jersey.  Adopt single-sales factor corporate tax formula and eliminate the "regular place of business" requirements.
  
  
• A-2650 / S-1769 / S-1546
  The Encap Bill:  Imposes restrictions on public contracts with private developers.
  
  
• A-2720/S-5
  Broadens the small business exception under the UEZ sales tax rebate program.
  

• A-2721
  This bill allows a credit for 20% of the costs of manufacturing equipment installed at a manufacturing facility in this State and improvements or additions that result in the renovation, modernization or expansion of a manufacturing facility.
  
  
• A-2722/S-3/S-1874
  Repeals both the throw-out rule used to allocate sales income under the Corporation Business Tax (CBT) and the "regular-place-of-business" rule.
  

• A-2867/S-1919 (P.L. 2008, Ch. 78)
  Permit Extension Act.  These bills as amended extend certain State and local government land use permit approvals. 
  
  
• A-2997/S-2114
  Reform the Business Employment Incentive Program (BEIP) job creation program to spur greater job creation in urban areas. 
  
  
• A-3111/S-1418/A-1950 (P.L. 2008, C. 123)
  The streamlined sales tax project is a national effort to encourage states to enact model sales tax legislation simplifying and modernizing sales tax administration to substantially reduce the burden of tax compliance for all vendors, but particularly for multi-state vendors.
  

• A-3294/S-2213
  Reform the Business Retention Assistance Grant (BRRAG) Program to spur more job retention.
  
  
• A-3819/S-2678
  This legislation creates a 45-day New Jersey Tax Amnesty program which must end no later than June 15, 2009. The amnesty only applies to State tax liabilities for tax returns due after January 1, 2002 (the ending date of the last tax amnesty program) and before February 1, 2009. The Treasury expects to raise $100 million from the program.
  

• S-1557 ScaSca (2R) (P.L.. 2008, Ch. 38) 
  Expands NJ FamilyCare, establishes mandate for healthcare coverage of children and makes various reforms to individual and small employer insurance markets; appropriates $1 million.  Signed into law on July 8, 2008.  
  

• S-1564/S-1565
  These bills prohibit or discourage subcontracting or privatization of government services to private or nonprofit entities
  
  
• S-1698/A-2801 (P.L. 2008, ch. 20)
  Avoiding a UI employer tax increase.  This law takes two actions to avoid anticipated $350 million (statewide average 15 percent) unemployment insurance (UI) payroll tax hike on New Jersey employers scheduled to begin July 1, 2008.  Signed into law on June 19, 2008.
  
  
• S-2130/A-3124
  Conforms New Jersey's "Net Operating Loss" (NOL) treatment to state and national standards.
  

• SCR-39 / ACR-151
  State constitutional amendment would require voter approval of independent authority bonds backed by budget appropriations.  

• Issue Brief
  Governor Corzine's $40 Billion Fiscal Restructuring Plan
  
  
• Issue Brief
  Governor Corzine’s $32.9 billion FY2009 State Budget

Education
Online Request Form

None at this time

Energy
Online Request Form

• A-616
  Establishes that the funds collected for energy efficiency, clean energy and renewable energy programs under the Societal Benefits Charge (SBC) imposed on utility customers be allocated to the different rate classes based on their contributions.  It also would allow a ratepayer to bypass the Board of Public Utilities  (BPU) and take credit for efficiencies installed on site.
  
  
• A-843
  Requires the Board of Public Utilities to provide equal opportunity for prospective business applicants from all areas of the State to apply for, and receive, incentives for funding under programs that the BPU determines shall be funded by the societal benefits charge imposed on ratepayers' energy bills.
  
  
• A-849
  Directs the Board of Public Utilities (BPU) to establish programs to assist large commercial and industrial electric power customers with reduction of their energy usage.
  
  
• A-1085/S-1032
  Exempts sales of energy and utility service to manufacturing facilities from the sales and use tax and the transitional energy facility assessment (TEFA) unit rate surcharge.
  
  
• A-1506
  Requires the Board of Public Utilities (BPU) to consider the co-firing of biomass as an acceptable and encouraged method to meet the State's renewable energy portfolio standards.
  
  
• A-1629/S-702
  Authorizes the Department of Community Affairs to change the energy subcode of the Uniform Construction Code at any time.
  
  
• A-1636
  Expands the demand-side management programs administered by the Board of Public Utilities (BPU) to include low-interest loans to municipalities for energy efficiency programs and grants to municipalities for innovative energy technologies.
  
  
• A-2070/S-1077
  Provides certain tax credits for meeting green building standards. 
  

• A-2344
  Places unreasonable requirements on certain businesses that receive telephone or electronic mail messages.
  
  
• A-2807/S-2045 (P.L. 2008, ch. 32)
  This law extends the transitional energy facility assessment (TEFA) unit rate surcharge and delays phase-out schedule through 2014.

Environment
Online Request Form

• A-121
  Referred to as The "Smart Container Act," would require a 10-cent deposit on plastic and glass bottles and aluminum cans to fund a recycling program. 

• A-741/S-1580
  Requires the New Jersey Department of Environmental Protection (DEP) to submit an annual financial report on the status of certain fund balances. 
  
  
• A-832
  Expands the scope of the New Jersey Regulatory Flexibility Act to lessen the impact of rules and regulations on small businesses. 

• A-2203
  New Jersey Clean Water, Drought Mitigation and Water Resource Security Trust Fund Act.  Imposes a tax of 4 cents per 1,000 gallons of water consumed, to be used for various water protection projects.
  
  
• A-2671/S-1654
  Places a moratorium on the adoption of any new rules or regulations or amendments to existing rules or regulations by any State agency prior to July 1, 2009. 
  
  
• A-2954/S-1921
  Prohibits the DEP from mandating public access to tidal waterfront areas adjacent to critical infrastructure.

• SCR-88
  Proposes a constitutional amendment in anticipation of a tax on water consumption and diversion.  The money would be used for open space acquisition and preservation. 

• S-1166/A-2411
  Authorizes the creation and operation of stormwater utilities which can effectively levy a tax on rain.
  
  
• S-1454
  This bill would impose a tax of $.40 per 1,000 gallons of water used or diverted, which would generate approximately $150 million annually. The funds would be used for open space and farmland preservation.
  
  
• S-1553SCS/A-2601ACS
  Places a temporary moratorium on the Public Access rule as it pertains to marinas and creates a task force to adequately assess the impacts this rule has on the marina industry in our State. 

Healthcare
Online Request Form

• A-314
  Provides a State gross income tax deduction for healthcare plan costs. 

• A-435
  Requires healthcare facilities to report possible misconduct or incompetence of members of their healthcare staff.
  
  
• A-824/S-1018
  Requires in-network hospitals to notify patients of out-of-network healthcare professionals who provide services in the hospital. 

• A-1126/S-2025
  Extends income tax advantages of health savings accounts (HSAs) to individual taxpayers under the New Jersey gross income tax.  Currently, HSAs only receive federal tax advantages

• A-1335
  Requires chiropractors and podiatrists be reimbursed at the same rate as physicians.
  
  
• A-1389
  Provides a State gross income tax deduction for COBRA premium expenses. 
  

• A-1471/S-1867
  These bills prohibit a health insurance company from denying a healthcare provider participation in its network, if the provider is willing to meet the terms and conditions of the contract.
  
  
• A-1571/S-467
  Mandates health insurance coverage for hearing aids for children. 
  
  
• A-1578/S-381
  Regulates pharmacy benefits management companies.

• A-1666/S-756
  Requires health insurers in the State regulated health insurance market and the State Health Benefits Program to provide coverage for expenses incurred in screening for ovarian cancer. 

• A-1902/S-145
  Mandates that health insurers allow any magnetic resonance imaging (MRI) center into their networks. 

• A-1962/S-1290
  Prohibits participating providers under managed care plans from charging certain fees in excess of co-payments and deductibles. 

• A-1966
  Expanding Access to Health Care Act” which requires large employers to either spend a specified amount on health benefits or pay the difference to the State.
  
  
• A-2122
  Provides small employers with a tax deduction for health insurance.
  
  
• A-2123/S-2072
  Mandates access to physical therapy services without a physician referral and eliminates the current fee schedules arranged between insurers and physical therapists.
  

• A-2124
  Provides a small business tax credit for cost of healthcare benefits. 

• A-2238/S-1651
  Requires health benefits coverage for treatments for autism disorders when they are determined to be medically necessary by a physician. 

• A-2255/S-1680
  Requires the Mandated Health Benefits Advisory Commission to study financial impact of existing mandated health benefits. 
  
  
• A-2283
  Requires employers to establish Section 125 plans (cafeteria plans). 
  
  
• S-2549
  Bill makes a technical change to the regulated health insurance law.
  

• A-2767/S-2100
  Permits health insurers licensed in other states to provide coverage in New Jersey.
  

• A-2925
  Requires that an informational brochure regarding dental amalgam be distributed to patients. 

• S-114/A-132
  Mandates health insurance plans directly reimburse out-of-network providers if the provider has been issued and assignment of benefits by the covered person. 

• S-243
  Expands the role of the Mandated Health Benefits Advisory Commission. 
  

• S-375/A-1579
  The "Health Insurance Affordability and Accessibility Reform Act."

• S-607
  Requires virtually unlimited coverage for mental health and substance abuse treatment.
  
  
• S-1042
  Repeals the law establishing the Mandated Health Benefits Advisory Committee.
  

• S-1290
  Prohibits participating providers under managed care plans from charging certain fees in excess of co-payments and deductibles. 
  

• S-1939
  Extends the Medical Malpractice Liability Insurance Premium Assistance Fund. 
  
  
• Healthcare
  Horizon Blue Cross Blue Shield (HBCBS) has filed an application for conversion, which would move the company from non-profit to for-profit status.

• Issue Brief
  Reinsurance for Health Insurance Claims In Order to Reduce Premiums.

• Issue Brief
  Increase the use of electronic health records to increase quality and reduce unnecessary costs.
  
  
• The Massachusetts Health Care Reform Plan
  Massachusetts recently enacted legislation that requires all state residents to have health insurance and expands access to affordable coverage.  This plan has made headlines and sparked interest in meaningful and comprehensive health insurance reform.
  
  
• State High Risk Health Insurance Pools
  A state high risk health insurance pool is a non-profit association that offers health insurance benefits to individuals with pre-existing health conditions.

Human Resources
Online Request Form

• A-873/S-786Sca
  This bill would make New Jersey only the second state in the United States to implement a mandate requiring employers to provide paid family leave (PFL) to employees with newborn children or ill family members. This bill would apply to every New Jersey employer.
  

Legal
Online Request Form

• A-356
  This measure creates a Commercial and Technology Court

• A-652
  Permits business entities to be represented in court by persons other than an attorney. 
  
  
• A-811
  Eliminates award of attorneys’ fees, filing fees and costs of suit for technical violation of the consumer fraud act. 

• A-1101/S-2120
  Authorizes the dismissal of Strategic Lawsuits against Public Participation (SLAPP) suits arising from a defendant’s exercise of free speech.
  
  
• A-1124
  This measure creates a Business Part in the Superior Court and creates 12 additional judgeships.
  
  
• A-1125
  Creates a Business Part in the Superior Court

• A-1128/S-642
  Establishes the Commercial and Technology Part in the Superior Court.
  
  
• A-1158
  Greatly expands liability in wrongful death cases, resulting in increases in automobile, product liability and medical malpractice insurance rates.
  
  
• A-3773/S-2563
  Funding the serviced-by-mail program of the Special Civil Part Court.
  
  
• S-132
  Allows individuals to sue insurance carriers for bad faith.
  

• S-235
  Prohibits lawsuits against food manufacturers or sellers on the grounds that a person’s consumption of food caused weight gain or obesity. 
  
  
• S-763
  Greatly expands liability in wrongful death cases, resulting in increased product liability and medical malpractice insurance rates. 
  
  
• S-2116/A-3091
  Limits the amount of the bond a company must post in order to appeal a judgment.
  

• S-2563
  Funding the serviced-by-mail program of the Special Civil Part Court.

Small Business
Online Request Form

• A-832
  Expands the scope of the New Jersey Regulatory Flexibility Act to lessen the impact of rules and regulations on small businesses.