Final Report & Recommendations

The projects listed on these pages are those which have been completed by the the Commission and submitted to the Legislature but not yet enacted. The work of the NJLRC is only a recommendation until enacted. Please consult the New Jersey statutes in order to determine the law of the State. Once a project is enacted, it is removed from this list and may be found on the Enacted Reports page.



PROJECT RELEASE DATE
(Effect of) Abstentions - proposes creation of statutory provision to clarify the complicated current law on the effect of an abstention by a member of a public body currently found in case law (abstain, abstention). Final Report 2011 || WORD || PDF
Administrative Procedure Act - proposes revision to 52:14B-10 to discontinue bifurcated decision-making and require agency's formal final decision to be filed simultaneously with agency action (terms: APA, final agency decision, bifurcated decision-making). Final Report 1989 current as of 05/13 || WORD || PDF
Adverse Possession - recommends new statue to clarify the law concerning adverse possession and promote stability of land titles in light of the New Jersey Supreme Court's 2001 decision in J & M Land Co. v. First Union Bank; also addresses problem of the use of adverse possession against governmental entities (and generally follows common law rule exempting State property from the effect of adverse possession but makes exception for riparian lands - persons who meet the requirements for adverse possession for forty years, have record title to their property, and have paid taxes on that property to establish good title to the property) (terms: adverse possession, riparian land, tideland claim). Final Report 2008 current as of 12/08 || WORD || PDF
Causes of Action - Title 2A - proposes revision to certain sections of Subtitle 6 of Title 2A, which contains civil causes of action established by the Legislature; goal of revision was to modernize statutes by selecting those sections most in need of updated language and revising them and also identifying sections appropriate for deletion and recommending that course of action (terms: causes of action) Final Report 2011 || WORD || PDF
Capias Writs - Title 2A - recommends repeal of statutes establishing capias ad respondendum and capias ad satisfaciendum (terms: capias writ, capias ad respondendum, capias ad satisfaciendum). Final Report 2009 current as of 02/12 || WORD || PDF
(New Jersey) Certificate of Title for Vessels Act - recommends enactment of statutory provisions to enhance existing law by adding language focused on deterring and impeding theft of vessels, facilitating ownership transfers and financing, and protecting those who acquire an interest in an undocumented vessel by requiring that its title be branded if a casualty or sinking has caused significant damage to the hull's integrity (terms: UCOTVA, NJCOTVA, title for vessels, hull damage). Final Report 2013 || WORD || PDF
Children - (Title 9) Abused, Neglected and Dependant - proposes modifications to the statutes pertaining to the Department of Children and Families and the Office of Law Guardian. Final Report 2014 || WORD || PDF
Common Interest Ownership Act - recommends amending law to ensure that the rights of unit owner in a community owned building (e.g. a coop) are protected with respect to his or her ability to remain living in the unit and with respect to his or her conduct within the unit (terms: coop, eviction, owner’s rights, common interest ownership, co-owner’s rights). Final Report 2001 || WORD || PDF
Final Report 2007 current as of 12/09 WORD || PDF
Consumer Leases - recommends adoption of “Consumer Lessee Protection Act” as an amendment to the Consumer Fraud Act, to address abusive practices in consumer leases and provide for enforcement by state and private actors; recommends adoption of amendment to the Retail Installment Sales Act to include rent-to-own contracts within the definition of retail installment contracts (consumer leases, contract of adhesion, consumer fraud, damages). Final Report 1989 || WORD || PDF
Contempt - recommends conforming laws relating to criminal contempt to holding of N.J. Supreme Court decision that clarified the difference between civil and criminal contempt (terms: criminal contempt, contempt of court, civil contempt). Final Report 1992 || WORD || PDF
Contracts - Standard Form - proposes new law governing standard form contracts for retail and wholesale market transactions in which the seller, not the buyer, uses a standard form contract to set the legal terms of the transaction; the proposed law incorporates court rulings and guidance from uniform drafting bodies (form contract, retail and wholesale transactions, terms of transaction, standard terms). Final Report 1998 || WORD || PDF
Corporate Minutes Inspections - Shareholder Access to Books and Records - proposes modification to the statute to clarify language relating to access a corporate shareholder may have to corporate books and records in response to court's determination in the 2010 case of Cain v. Merck & Co., which arose from a dispute over access to minutes from corporate meetings (terms: corporate minutes, corporate books and records, shareholder records access). Final Report 2011 || WORD || PDF
Criminal Code Causation - proposes revision to 2C:2-3 to clarify the use of the term "probable result" now found in subsections c. and e. because when either subsection is read to a jury, the jury is apt to conclude that only results that are probable are encompassed by the provision and that any consequence that has a less than 50-50 chance of occurring is not a result for which the defendant can be held responsible (terms: criminal causation). Final Report 2007 current as of 12/09 || WORD || PDF
Custody - Children (Title 9) - proposes modifications to the statutes pertaining to custody that are closely based on existing law but with simplified and clarified language; also incorporates case law limiting use of the “best interests” standard when the custody dispute is between a parent and a non-parent or when the dispute is over the acceptance of an arbitration award of custody (terms: custody). Final Report 2010 || WORD || PDF
(New Jersey) Debt-Management Services Act (NJDMSA) - proposes modifications to the current law pertaining to debt-management services and the enactment of new provisions allowing for-profit entities to participate in debt-management services in New Jersey and providing enhanced consumer protections based on the uniform law and statutes of other states (terms: debt-management, debt reduction, debt relief). Final Report 2012 || WORD|| PDF
Digital & Electronic Signatures - recommends adoption of a new law to allow government entities to recognize digital and electronic signatures, rather than requiring all signatures to be handwritten; proposes amendments to Statute of Frauds to account for electronic signatures (terms: electronic signatures, definition of “writing”, government recognition, statute of frauds). Final Report 1998 || WORD|| PDF
Distraint/Artisan's Liens - proposes revision of law of “distress,” which governs the seizing of a tenant’s property when the rent is in arrears; proposes changes to conform New Jersey’s statutory law to federal constitutional standards and to make all laws relating to distress uniform in the State; separately proposes amendments to clarify and make uniform laws governing situations wherein one person has handed over property to be worked on (i.e. dry cleaning) but has failed to pay the associated fees (terms: seizure of property, arrears, failure to pay rent, liens on property, dry cleaner sales, personal property, withholding property, return of property). Final Report 1994 current as of 03/12 || WORD || PDF
Door-to-Door Retail Installment Sales Act - proposes modifications to the Act in response to the 2009 decision by the court in United Consumer Financial Services v. Carbo, in which the court concluded that the FTC regulations preempted both the duration of the DDRISA’s cooling-off period and its requirement for cancellation by certified mail (terms: door-to-door sales, installment sales). Final Report 2011 || WORD || PDF
Driving While Intoxicated - Title 39 - proposing modifications to the law pertaining to driving while intoxicated including the following: requiring IIDs for all DWI offenders, including first-time offenders (and requiring monitoring of their use); providing incentives for the pre-conviction use of IIDs; imposing alternative consequences on offenders who wish to avoid the installation of an IID by claiming that they do not have access to a car; and modifying the statutory provisions pertaining to underage drinking to address the problem of repeat violators of that statute (terms: dui, dwi). Final Report 2012 || WORD || PDF
Durable Power of Attorney Act - proposes revision of New Jersey law to incorporate certain aspects of the Uniform Power of Attorney Act (not including the statutory form of power of attorney) (terms: power of attorney, durable power). Current as of July 2014. Revised Final Report 2010 || WORD || PDF
Election Law Reform - proposes updates to New Jersey’s election law to bring it into compliance with federal mandates, to reflect current realities of the voting process, and to allow for further modification of voting systems and technologies with the goal of increasing access to the vote and making it easier for a citizen to vote (terms: electronic voting, new voting systems, voting machines, paper ballots, outdated voting systems). Final Report 2003 || WORD || PDF
Elective Spousal Share - proposes revision of 2A:34-23 and 3B:8-1 in response to the court's 2010 decision in Kay v. Kay to address the underlying problem of the “black hole” that exists between the State’s divorce laws and probate code - if a party in a divorce proceeding dies prior to a final judgment of divorce, the surviving spouse may be denied any statutory remedy (terms: elective spousal share, divorce and probate). Final Report 2011 || WORD || PDF
(New Jersey) Emergency Volunteer Health Practitioners Act - recommends enactment of uniform act, with appropriate modifications to address existing New Jersey law, in order to make volunteer health practitioners available for rapid deployment in response to emergency declarations without awaiting affirmative actions on the part of host states, while allowing host states control over the volunteer health practitioners within their borders; addresses responsibility for civil claims resulting from acts and omissions and deals with issue of workers' compensation benefits(terms: UEVHPA, emergency volunteer health practitioner). Current as of July 2014. Final Report 2013 || WORD || PDF
Equestrian Activities Liability Act - recommends modification of current statute to address an issue raised by the 2010 New Jersey Supreme Court in Hubner v. Spring Valley Equestrian Center. The Court found that the Act’s assumption of risk provisions conflicted with the exceptions to limitations on operator liability. Accordingly, the Act’s assumption of risk provisions have been consolidated and new language emphasizes affirmative duties and responsibilities of equestrian activities operators and participants. Final Report 2014 || WORD || PDF
Fee Discrepancies - recommends enactment of a revision of an earlier Commision proposal that suggests removing conflicting fee provisions from two sections of statute (N.J.S. 56:1-3, and N.J.S. 56:1-7); and replacing the fee amounts in those sections with a reference to N.J.S. 22A:2-29, which contains a centralized list of the fee amounts. Final Report 2013 || WORD || PDF
Games of Chance - proposes revision of laws relating to legalized games of chance (bingo, raffles etc), to remove repetition, clarify ambiguity and remove overly detailed provisions, replacing them with more general statutory language and anticipated specific and targeted administrative regulations (terms: bingo, raffles, amusement parks, games of chance, giveaways). Current as of July 2014. Final Report 2002 || WORD || PDF
(Uniform) Interstate Depositions and Discovery Act - recommends adoption of the UIDDA in New Jersey, with modifications to accommodate New Jersey practice but, although the Commission ordinarily makes recommendations to the Legislature, in this case, because of Winberry considerations, the better course would be court rule revision to incorporate UIDDA in order to provide a simple and convenient process for issuing and enforcing deposition subpoenas. Final Report 2012 || WORD || PDF
Judgments and Enforcement - Judgments and Enforcement revises the statutes on judgments and their enforcement comprehensively, codifying the processes by which a judgment or order is recorded and the process by which party may collect a judgment. The Report replaces outdated, unclear and superseded parts of current law with provisions reflecting practice. Final Report 2014 || WORD || PDF
Jury 98 - proposes revision to state jury statutes to comport with 1997 Constitutional amendment that provides State funding for judicial system and transfers jury functions from sheriffs to other state officials; revises several related logistical requirements relating to time of service (terms: jury, juror, constitutional amendment, state funding). Current as of July 2014. Final Report 1999 || WORD || PDF
Juvenile Sentencing - Juvenile Sentencing under N.J.S. 2A:4A-44d.(3):- proposes revision to N.J.S. 2A:4A-44d.(3) to codify the New Jersey Supreme Court’s decision in State ex rel. K.O., 217 N.J. 83 (2014). The Court held that imposition of an extended-term sentence for a juvenile must be based on two prior adjudications of delinquency, separate from the qualifying offense for which the juvenile is being sentenced. Final Report 2014 || Word || PDF
Land Use Law - proposes revision to clarify current powers of boards of adjustment in an effort to ensure landowner protection and proper enforcement by zoning officials (terms: land use, board of adjustment, board powers). Final Report 2007 current as of --/13 || WORD || PDF
Landlord Tenant - recommends a revision of the laws governing landlords and tenants in order to: put all of the relevant law in one place; eliminate or replace archaic terms; eliminate inconsistencies and confusing provisions; and, where appropriate, update the law by incorporating the holdings of key New Jersey State court determinations (terms: landlord, tenant). Final Report 2012|| WORD Report || PDF Report
Table of Disps WORD || PDF
Recommended For Repeal WORD || PDF
Current Law NOT part of Report. No Repeal WORD || No Repeal PDF
(Uniform) Military and Overseas Voters Act - recommends revision of Overseas Residents Absentee Voting Law to incorporate key UMOVA concepts not yet addressed in New Jersey law, including: expansion of definition of “overseas voter” to include voters eligible to vote in New Jersey but not born here; and, consistent with Vote by Mail Law, 19:63-1 et seq., permitting use of Federal Postcard Application Form to register to vote in any election (not just a federal election) (terms: overseas voter, military voter, ORAVL, UMOVA). Final Report 2012 || WORD || PDF
Mortgage Recording - Recording Mortgage Servicers - recommends changes to the law regarding the duty to prepare a document showing that a mortgage has been satisfied (clarifying that the record mortgagee must sign the satisfaction of mortgage) in order to make the chain of title clear - the records will show who held the mortgage and that that party has declared it satisfied (if the record holder has no continuing relationship to the mortgage or its owners, it may file an assignment to the proper party); also proposes language to address fraud by persons claiming to be servicers of a mortgage (terms: mortgage recording, recording of servicers, mortgage servicers). Final Report 2013 || WORD || PDF
Motor Vehicle Lien - proposes statutory langauge to address the extent to which liens for service to motor vehicles should be enforceable against lessors or holders of asecurity interest in motor vehicle (terms: garage keepers, auto, motor vehicle, car, repairment, lessors). Final Report 2004 current as of 06/13 || WORD || PDF
Oaths and Affidavits - proposes updates to civil statutes pertaining to oaths to clarify requirements; eliminates criminal oaths statutes which became outdated after the passage of Title 2C (terms: oath, affidavit, state officer). Final Report 1999 current as of --/13 || WORD || PDF
Open Public Records Act - proposes modifications to update OPRA to clarify that documents deemed public as a result of any law are also considered public pursuant to OPRA (terms: government record, Paff v. Byrnes, exceptions to OPRA). Final Report 2006 current as of --/13 || WORD || PDF
Parentage - Children (Title 9) - recommends changes to the law pertaining to parentage to: address the fact that the current statutes were written before the development of modern genetic tests that can almost always determine whether a particular person is a genetic parent of a particular child with a level of accuracy that makes them practically irrefutable; establish a system of voluntary acknowledgements of paternity that is as binding as a court determination; and create a "statute of repose" that limits challenges to parentage by barring challenges when the questioned parent has lived with the child for five years (terms: parentage). Final Report 2010 || WORD || PDF
Pejorative Terms - recommends changes to eliminate demeaning, disparaging, and archaic terminology used when referring to persons with a physical or sensory disability; this Report is consistent with the Legislative goal expressed in P.L. 2010, c.50 to “ensure that the statutes and regulations of the State do not contain language that is outdated and disrespectful to persons with a disability" and it expands the scope of prior NJLRC Reports (two earlier Reports were released dealing with this terminology as it related to persons with developmental, cognitive or psychiatric disabilities (in 2008, and in 2011 - the latter Report was the basis of A-3357/S-2224, which received bipartisan support, passed both houses of the Legislature unanimously, and was signed into law by the Governor)) (terms: pejorative). Final Report 2013 || WORD || PDF
Powers of Commissioner - proposes change to statute to eliminate typographical error that increased the possible monetary penalty that the Commissioner of the Department of Community Affairs can impose (terms: hotels and multiple dwellings, monetary penalty). Final Report 2010 current as of 06/13 || WORD || PDF
(Uniform) Principal and Income Act (Amendments to) - recommends amendments to the uniform law designed to: resolve issues brought about by IRS Revenue Ruling 2006-26 and assist separate funds within a trust in qualifying for the IRS estate tax marital deduction safe harbor; and allow mandatory income trusts that own an entity to retain the proper amount of funds from distributions to meet their existing tax obligations (terms: UPIA, principal and income act). Revised Final Report 2013 || WORD || PDF
Property - proposes revisions and updates to the statutory law pertaining to property to improve clarity, conciseness, and consistency (terms: Title 46, property) Final Report 2012 || WORD || PDF
Proprietors - proposes revisions that create a statute drafted to resolve ownership issues that implicate the State's residual rights in the property of the former Eastern Board of Proprietors (terms: Eastern and Western Board of Proprietors, Proprietary Title Claims Act). Final Report 1999 current as of 06/13 || WORD || PDF
Public Assistance Law - recommends substantial revision to outdated sections of Title 44 - The Poor Law - to address provisions that are archaic, do not reflect current reality and practice (repealed and superseded terms and statutory citations exist in numerous sections, and the law still contains unconstitutional provisions); and recommends updates to the more modern parts of Title 44 to address the fact that two laws with confusingly similar names govern assistance to the needy in New Jersey (“Work First New Jersey” act, 44:10-55 et seq., and the Work First New Jersey General Assistance Act 44:8-107 et seq.) (terms: poor law, public assistance law). Final Report 2009 current as of 03/12 || WORD || PDF
Residential Mortgage Satisfaction Act - recommends changes to the law (based on Commission modifications to a uniform law) that would: require mortgage holders to provide payoff statements and to file a satisfaction of mortgage when the mortgage is paid; create a “one touch” system that allows a satisfaction agent to file an affidavit of satisfaction when the agent knows that the mortgage has been satisfied as required by the payoff statement; and provide a mechanism to clear title when a mortgage holder fails to file a satisfaction of mortgage (terms: RMSA, mortgage satisfaction). Final Report 2007 current as of 03/12 || WORD || PDF
(Revised) Uniform Law on Notarial Acts - recommends as its primary objective to preserve the integrity of both tangible and electronic records). Final Report 2014 current as of 09/14 || WORD || PDF
Special Civil - Mandatory Attorney's Fees - proposes modifications to 22A:2-42 to clarify the statutory language pursuant to the Court's determination in Chase Bank v. Staffenberg (terms: Chase Bank v. Staffenberg). Final Report 2012 current as of 10/15/12 || WORD || PDF
Special Election - Obsolete Special Election Language - recomends revision to NJ Statue 40A:4-45.14 to eliminate extraneous language as having "no discernable meaning" by the Appellate Division in Roseff et al v. Byram Township et al). Final Report as of 04/02/14 || WORD || PDF
Title 1- Acts, Laws and Statutes - proposes revisions to Title 1 to simplify and clarify langauge, to insure publication of the statutes online as well as in hard copy, and to simplify the citation of statutes (terms: enactments, definitions). Final Report 2008 current as of 12/09 || WORD || PDF
Title 22A - Fees and Costs - proposes modifications to consolidate and reorganize Title 22A relating to civil and probate fees; also removes some anachronistic language and proposes moderate adjustments to certain fees to bring them inline with Statewide standards (terms: court fees). Final Report 2009 || WORD || PDF
Revised Final Report 2010 || WORD || PDF
Title 39- Motor Vehicles and Traffic Regulation - proposes revision of entire Title, with a focus on reorganization, consolidation, and elimination of inconsistent and archaic provisions; includes limited substantive provisions in an effort to rationalize the penalty provisions contained in the Title (terms: Title 39, motor vehicle). Final Report 2010 || WORD || PDF
Traffic on Marked Lines - proposes revision to 39:4-88 to clarify the statute in response to the 2011 case of State v. Regis (terms: State v. Regis, marked lines, marked lanes) Current as of September 2014. Final Report 2013 || WORD || PDF
Uniform Interstate Family Support Act (UIFSA) - This report recommends enactment of the latest version of the Uniform Interstate Family Support Act including provisions allowing enforcement in international cases. Final Report 2014 || WORD || PDF
(Uniform) Trust Code - recommends enactment of New Jersey Uniform Trust Code, based on the Uniform Trust Code and the work of an ad hoc Committee of New Jersey experts who analyzed it and adapted it for New Jersey’s needs (terms: uniform trust code, trusts, powers of trustees, breach of trust, spendthrift trust, discretion of trustee). Final Report 2008 current as of 03/12 || WORD || PDF
Unconstitutional Flag Salute Statute - recommends removal of requirement contained in 18A:36-3 that a student stand during the pledge since this provision was held unconstitutional in 1978 by the United States Court of Appeals in Lipp v. Morris and school officials who consult the statute may be led to believe that it is still the law and attempt to enforce it, causing needless controversy. Final Report 2011 current as of 03/12 || WORD || PDF
Underground Facility Protection Act - proposes revising a subsection of the Underground Facility Protection Act (UFPA) by replacing language that compels parties seeking property damages in underground facility disputes to submit their claims to the Dispute Settlement Office (DSO) without preserving their right to a jury trial. Final Report 2014 || WORD || PDF
Uninsured Motorist- proposes revisions to the uninsured motorist statute to clarify the statutory language pursuant to the determination of the New Jersey Supreme Court in Aaronberg v. Tolbert (heirs have no cause of action if driver uninsured) (terms: uninsured motorist, Aaronberg v. Tolbert). Final Report 2012 || WORD || PDF
Usury - recommends repeal of New Jersey usury statute and replacement with provisions that provide limited authority to regulate interest rates in an emergency (usury, interest rates). Final Report 1998 || WORD || PDF
Voting Offenses - Criminal Law - proposes removing criminal laws relating to voting and elections from scattered sections of the New Jersey statutes, clarifying them by removing redundancies and simplifying language, and reincorporating them into the criminal code (terms: election law violation, voting more than once, illegal voting, tampering with voting machine, electioneering near polls, voting and jury service). Final Report 1994 || WORD || PDF
Weights and Measures - Title 51 - recommends replacement of most of Title 51 with general and comprehensive provisions in an effort to provide a coherent and flexible basis for weights and measures enforcement that is also consistent with federal law (terms: sale of commodities, weights and measures). Final Report 2005 current as of 03/12 || WORD || PDF
Workers' Compensation - Mandatory Attorney's Fees - proposes a modification to the statute pursuant to the court's 2010 decision in Quereshi v. Cintas Corp. which examined whether a judge of compensation must award reasonable attorney fees when a self-insured or uninsured employer or employer's insurance carrier unreasonably delays payment of temporary disability compensation upon having actual knowledge of the occurrence of the injury or notice that compensation is due, and held that attorney fees are mandatory and are not limited by 34:15–64 subsection a. Final Report 2012 current as of 08/13 || WORD || PDF