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2007 SUMMARY OF NEW STATE LAWS - NEW JERSEY

New Jersey State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

AB 409

2

Building codes

Establishes an emergency deployment program for building inspection following disaster or emergency. Effective: January 17, 2007.

AB 415

145

Traffic safety

Provides penalties for any individual who uses different devices to interfere with traffic. Effective: August 21, 2007.

AB 617

48

Motor vehicle insurance - traffic safety

Establishes the Teenage Driver Safety Study Commission. Effective: March 9, 2007.

AB 1038

83

Motor vehicle insurance - traffic safety

Creates Skinner's Law; increases penalties for leaving scene of motor vehicle accident resulting in death or serious bodily injury. Effective: May 4, 2007.

AB1303

3

Workers' compensation - fund management

Amends the Workers' Compensation Law to shorten the time period before interest payments may, at the discretion of the Division of Workers' Compensation, be charged for late payments of workers' compensation. Effective: January 17, 2007.

AB 1321

40

Motor vehicle insurance - traffic safety

Creates the Omnibus Safety Enforcement Fund; upgrade penalties for unlawful transportation of passengers for hire in certain cases; provides that an unregistered motor vehicle so used may be impounded; requires proof of insurance. Effective: July 1, 2007.

AB 1897

10

Underground storage tanks

Extends application deadline for financing for closure and associated remediation of regulated underground storage tanks and for financing the closure or remediation of non-operational regulated underground storage tanks; requires notification to municipalities by Department of Environmental Protection of the underground storage tank fund. Effective: January 24, 2007.

AB 2013

72

Motor vehicle insurance -- miscellaneous

Revises membership of the New Jersey Automobile Insurance Risk Exchange board. Effective: April 30, 2007.

AB 2336

23

Workers' compensation - disputes and settlements

Concerns employee expenses in suits against third parties in workers' compensation cases; amends costs and attorney's fees; relates to corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals and insurance carriers. Effective: January 26, 2007.

AB 2575

86

Property insurance - fire safety

Creates the reduced cigarette ignition property and firefighter protection act to set standards on cigarettes to reduce the threat of them in causing property fires. Effective: June 1, 2008.

AB 2923

166

Motor vehicle insurance -- miscellaneous

Establishes the regulation of vehicle protection products. Effective: April 1, 2008.

AB 2979

13

Motor vehicle insurance - miscellaneous

Revises certain penalties relating to the operation of autobuses. Effective: July 1, 2007.

AB 2983

14

Motor vehicle insurance - miscellaneous

Concerns transportation services used in connection with temporary help service firms and their employees; require such agencies, when requiring employees to utilize specified transportation services for work purposes, to keep a record that such transportation provider is in compliance with specified related regulations; provides failure to do same shall subject the firm to specified penalties and shall be jointly and severally liable for injuries incurred using required transportation services. Effective: January 24, 2007.

AB 2987

46

Bail bonds

Requires the court to conduct an inquiry concerning the source of bail funds when defendant is charged with serious crimes; after the inquiry, issue an order either approving or disapproving; establishes the reliability of the source of the funds used to post bail or security offered, that the relationship of the person posting bail is sufficient to ensure the defendant's presence in court, and that the funds used to post cash or secure bail were not acquired as a result of unlawful conduct. Effective: June 1, 2007.

AB 3022

322

Workers' Compensation - benefits, claims and authorized treatments

Modifies the provisions for the payment of temporary disability benefits by prohibiting the payment of benefits to any person who was injured during the commission of a fourth degree crime, or who has been fired for gross misconduct connected with the job. Effective: January 13, 2008.

AB 3289

252

Financial regulation

Increases investment options for domestic property and casualty insurance companies' capital, surplus and other funds; relates to purchase of real estate; relates to mergers, investments and loans upon the security of property; relates to loans to veterans and mortgages. Effective: January 4, 2008.

AB 3334

90

Taxes

Permits short-term tax exemption or abatement for houses destroyed by fire when reconstruction or renovation is performed by charitable entity, or for-profit using volunteer labor. Effective: May 6, 2007.

AB 3408

324

Commercial insurance

Provides that no person, including, but not limited to, an insurance producer shall be liable in an action for damages on account of an applicant or insured purchasing a commercial lines insurance policy that does not comply with specified requirements of existing law. Effective: January 13, 2008.

AB 4009

114

Workers' compensation - miscellaneous provisions

Debars certain employers from public work for misclassification of construction workers as independent contractors and establishes criminal penalties; provides that an individual employed as a construction worker who has not been properly classified may bring a civil action for damages against the employer; provides that it is unlawful for an employer to discriminate or take adverse action against a person who files a complaint about an employer's noncompliance with this act. Effective: July 13, 2007.

AB 4053

193

Motor vehicle insurance - towing issues

Creates the Predatory Towing Prevention Act; regulates certain tows and requires licensure of towing companies; relates to requiring additional or higher liability insurance coverages or accounts with respect to contracts for towing and storage services awarded by public agencies; relates to towing services club or association dues or membership charges. Effective: October 19, 2008.

AR 100

Resolution

Opposes federal legislation entitled Fairness in Asbestos Injury Resolution Act of 2005. Effective: February 22, 2007.

AR 264

Resolution

Establishes Assembly Statewide Flooding Legislative Panel. Effective: June 21, 2007.

SB 46

18

Self-insurance

Authorizes individual boards of education to self insure for group health insurance or group term life insurance, or both, for employees or their dependents, or both, through self-insurance, the purchase of commercial insurance or reinsurance, or any combination thereof; provides the maximum risk to be retained for group term life insurance by a board on a self insured basis cannot exceed a specified amount per covered employee or dependent; subjects boards to the surcharge of the State Health Benefits Plan. Effective: January 26, 2007.

SB 506

50

Worker's compensation - miscellaneous provisions

Establishes responsibilities for owner/operators working for licensed public movers; relates to a bill of lading, contracts, vehicle leases, and owner-operators; requires written notice and contact information; relates to liability insurance, property-casualty insurance and workers' compensation liabilities. Effective: March 15, 2007.

SB 721

266

Motor vehicle insurance - miscellaneous

Establishes owners responsibility to provide information relating to certain motor vehicle accidents; provides a permissive inference that the registered owner of a vehicle involved in an accident was the person involved in the accident; provides that if the vehicle is owned by a rental car company or is leased, there is a permissive inference that the renter or authorized driver was involved in the accident; provides a fine for anyone who suppresses evidence of a violation. Effective: January 13, 2008.

SB 997

20

Motor vehicle insurance -- miscellaneous

Requires police department to mail or fax accident reports upon request. Effective: January 26, 2007.

SB 1079

78

Motor vehicle insurance - traffic safety

Establishes penalty for failing to comply with school crossing guard's signal to stop. Effective: August 1, 2007.

SB 1099

198

Motor vehicle insurance - traffic safety

Makes it a primary offense for motorists to talk on or text message with hand-held wireless telephone or electronic communication device while driving. Effective: March 1, 2008.

SB 1643

33

Identity theft - personal information

Prohibits denial of credit on the basis that an individual was a victim of identity theft; provides for presentation to a creditor a copy of a police report. Effective: April 29, 2007.

SB 1666

163

Motor vehicle insurance - UM/UIM

Prohibits use of step-down provisions in motor vehicle liability policies issued to corporate or business entities to lower uninsured or underinsured motorist coverage for employees to the limits of coverage available to the employees under their personal policies. Effective: September 10, 2007.

SB 1712

131

Asbestos and silica reform

Eliminates statute of limitations for certain environmental crimes and crimes causing widespread injury or damage; relates to crimes under the Solid Waste Management Act, the Comprehensive Regulated Medical Waste Management Act, the Air Pollution Control Act (1954), the asbestos law and the Water Pollution Control Act. Effective: August 6, 2007.

SB 1810

164

Motor vehicle insurance - enforcement issues

Clarifies that penalties for unauthorized parking in handicapped parking space are effective even when not posted. Effective: September 10, 2007.

SB 1841

35

Motor vehicle insurance - miscellaneous

Transfers certain authority over limousine operators from DOT to MVC. Effective: January 29, 2007.

SB 2087

178

Motor vehicle insurance - enforcement issues

Requires new State residents to register their vehicles in New Jersey within a specified timeframe; provides a monetary fine for the first and second violation and for vehicle impoundment for the third and subsequent violation; provides that if the owner of the impounded vehicle fails to claim the vehicle by the end of the 30th day following the day of impoundment, the vehicle will may be sold at auction. Effective: September 27, 2007.

SB 2261

1

Building codes

Requires DHSS standards for safe building interiors; submission of documentation of investigation and remediation as a condition to issuance of construction permit for certain sites; makes changes to the "Industrial Site Recovery Act." Effective: January 11, 2007.

SB 2268

37

Motor vehicle insurance - miscellaneous provisions

Extends the expiration date of automobile insurance urban enterprise zone program which is designed to make private passenger automobile insurance more available in urban areas where the Commissioner of Banking and Insurance has found that consumers would benefit from increased access to such insurance; requires insurers to insure risks in proportion to their statewide market share in the voluntary market. Effective: January 29, 2007.

SB 2330

187

Motor vehicle insurance - enforcement issues

Clarifies that suspension for non-driving related offense is distinct from suspension for driving related offense. Effective: January 1, 2008.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.