Final Reports & Recommendations

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.

(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. 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. 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). Final Report 2008 current as of 12/08 || WORD || PDF
Aggravated Recklessness - recommends clarifying the modification of the statute to codify the mental state of aggravated recklessness. Final Report 2018 current as of 12/18 || WORD || PDF
Alternative Procedure for Dispute Resolution Act (APDRA) - recommends codifying the decision in Citizens United Reciprocal Exch. v. N. NJ Orthopedic Specialists, 445 N.J. Super. 371 (App. Div. 2016), to address the time period a party has to commence a summary action after the denial of an application to modify an award under N.J.S. 2A:23A-12(d) and the amount of time that a party has to challenge an award when the application to modify is made pursuant to the rules adopted by an arbitrating organization. Final Report 2017 || WORD || PDF
Base Salary - recommends clarification of the term "base salary" contained in 34:13A-16.7 consistent with the Appellate Division's determination in Paterson Police PBA Local 1 v. City of Paterson. Final Report 2014 || 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. Final Report 2011 || WORD || PDF
Capias Writs - Title 2A - recommends repeal of statutes establishing capias ad respondendum and 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. Final Report 2013 || WORD || PDF
(Retroactive) Child Support Orders - recommends a Final Report relating to Retroactive Child Support Orders, proposing revisions to 2A:17-56.21 in response to the decision of the Superior Court of New Jersey, Chancery Division, Family Part, in Cameron v. Cameron. Final Report 2015 || WORD || PDF
Children - (Title 9) Abused, Neglected and Dependent - proposes modifications to the statutes pertaining to the Department of Children and Families and the Office of Law Guardian. Final Report 2014 || WORD || PDF
Civil Unions - recommends modification of current statute to address an issue raised in Groh v. Groh, in which a same-sex couple sought a judgment dissolving their civil union on the no-fault grounds of irreconcilable differences. The judge granted the dissolution despite the fact that New Jersey's Civil Union Act does not explicitly include irreconcilable differences as an applicable ground for dissolution of a civil union. The Commission's proposed revision to 2A:34-2.1 conforms to the greatest extent possible with existing no-fault language in the marital statute. Final Report 2015 || WORD || PDF
(Uniform) Common Interest Ownership Act - based on the Uniform Common Interest Ownership Act (UCIOA) approved by the Uniform Law Commission in 2008. Common Interest law is of paramount importance. The Commission decided that the more contentious issues (mainly in Article 3 of UCIOA) would be best handled with a number of small projects on particular issues (elections, meetings, alternative dispute resolution, etc.). Final Report 2016 || 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. 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. 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. Final Report 1998 || WORD || PDF
Meaning of "Conviction" proposes statutory change in response to In re J.S, 444 N.J. Super. 303 (App. Div. 2016), which considered whether it was most appropriate, when calculating the time from a conviction, to treat the “conviction” as referring to a plea of guilty, or to the entry of a judgment of conviction and proposes a definition specifying only when the conviction occurred and only in situations when the time from conviction is a relevant issue - the proposed definition is added as subsection (s) to 2C:1-14. Final Report 2017 || 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. 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. 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. 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. 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. Final Report 1998 || WORD|| PDF
Disorderly Persons Mens Rea - State v. Bessey - recommends a default mens rea provision applicable to disorderly persons offenses in response to the determination of the Court in State v. Bessey, 2014 WL 99282205 (App. Div. 2015).. Final Report 2019 || 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. 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. Final Report 2011 || WORD || PDF
Drivers Licenses - Title 39 - 39:3-10 proposing a Final Report related to driver's license penalties, based on a New Jersey Appellate Division ruling which addressed the imposition of both a fine and imprisonment for multiple unlicensed driving infractions. Final Report 2015 || 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. 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). 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. 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. Final Report 2011 || WORD || PDF
(Uniform) Electronic Legal Material Act - recommends the adoption of a modified version of the Uniform Electronic Legal Material Act for the authentication, security, and preservation of New Jersey's legal materials. Final Report 2016 || 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. Current as of July 2014. Final Report 2013 || WORD || PDF
Equine 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 Commission proposal that suggests removing conflicting fee provisions from two sections of statute (56:1-3, and 56:1-7); and replacing the fee amounts in those sections with a reference to 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. Current as of July 2014. Final Report 2002 || WORD || PDF
Human Trafficking - proposes revisions to New Jersey's human trafficking law (2C:13-8) to address forced or coerced sexually explicit performances. Final Report 2016 || WORD || PDF
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. Current as of July 2014. Final Report 1999 || WORD || PDF
Juvenile Sentencing - proposes revision to 2A:4A-44d.(3) to codify the New Jersey Supreme Court's decision in State ex rel. K.O.. 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. 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) Limited Partnership Act - recommends the enactment of Uniform Limited Partnership Act (UPLA) improving the capacity of limited partnership both to do business and to serve the best interests of partners and third parties conducting business with the partnership). Final Report 2015 || WORD || 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). Final Report 2012 || WORD || PDF
“Misdemeanor” in the New Jersey Statutes - report recommends modifications to New Jersey statutes that contain the words misdemeanor or high misdemeanor to reflect the currently accepted terminology.. Final Report 2019 || WORD || PDF
Short-form Appendix WORD || PDF
Long-form Appendix WORD || PDF
Motorcycle License Plate Display - a 2016 Final Report proposed adding new language to N.J.S. 39:3-33 mandating that motorcycle license plates be displayed along the same axis as printed by the Motor Vehicle Commission, which are now oriented horizontally. In response to additional comment received after the Final Report was released, the Commission revised the Final Report in January 2017 clarifying that to avoid any appearance of promoting or requiring a change in the generally horizontal axis of license plate holders and plates, the proposed revision specifies horizontal display only. Final Report 2012 || 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
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. 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. 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. Final Report 2010 || WORD || PDF
Partnership and Tradename Certificates - proposes changes to partnership and trade name statutes that are currently predicated upon a theory of partnerships no longer followed in the State, eliminates the fragmented and duplicative filing requirements upon the entities they govern, and eliminates anachronistic penalties for non-compliance, which have rarely – if ever – been imposed. Final Report 2018 || 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. 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. Revised Final Report 2013 || WORD || PDF
Property - proposes revisions and updates to the statutory law pertaining to property to improve clarity, conciseness, and consistency. 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. Final Report 1999 current as of 06/13 || WORD || PDF
(Uniform) Protection of Genetic Information in Employment Act - proposes revisions to existing New Jersey law in response to the Uniform Law Commission's Uniform Protection of Genetic Information in Employment Act. Final Report 2015 || WORD || PDF
Public Assistance Law - updates 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.). Final Report 2018 current as of 12/18 || 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. Final Report 2007 current as of 03/12 || WORD || PDF
Retroactive Child Support Orders - recommends changes to N.J.S. 2A:17-56.21 to reflect the court’s determination in Cameron v. Cameron, 440 N.J. Super. 158 (2014), which barred the reporting of technical arrearages (resulting from retroactive child support orders “against a non-custodial parent who has never violated a support order or missed any legally specified payments”) to credit bureaus. Final Report 2015 || WORD || PDF
Sales and Use Tax Exemption - recommends revisions to the Sales and Use Tax statute to address the issue raised in Air Brook Limousine, Inc. v. Director, Division of Taxation, 213 N.J. 568 (2013) consistent with the Court's reasoning and result. Final Report 2016 || WORD || PDF
2C Sexual Offenses - recommends modifications to 2C:14-1 that would: (1) remove the "physical force" requirement and focus on the issue of consent; (2) clarify section addressing sexual assaults against persons with intellectual or developmental disabilities; (3) clarify the object of the crime in sexual assaults also involving aggravated assault ; and (4) add the crime of carjacking as an aggravating offense. Final Report 2014 || 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. Final Report 2012 current as of 10/15/12 || WORD || PDF
Special Election - Obsolete Special Election Language - recommends revision to 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 2014 || WORD || PDF
Special Needs Trust - - based on the New Jersey Supreme Court decision in Saccone v. Bd. of Trustees of Police and Firemen's Ret. Sys., in which the New Jersey Supreme Court held that a retired firefighter could direct the survivors' benefits for a child with a disability to a special needs trust. Report recommends statutory language to codify the decision of the New Jersey Supreme Court that the compensation payable to a designated beneficiary of state-administered pensions and benefits fund may be directed to a special needs trust, established for the benefit of that individual. Final Report 2016 || WORD || PDF
Subpoena v. Subpena - recommends unifying the spelling of the word subpoena throughout the New Jersey statutes (instead of having alternate spellings “subpoena” and “subpena”) for consistency, clarity, and to avoid potentially inaccurate web search results. The proposed changes to the statutes are administrative in nature, and are not designed to change the substance of the statutes. Final Report 2017 WORD || PDF || Appendix - WORD || Appendix - PDF
Suspended License - - Report recommends statutory language to clarify N.J.S. 2C:40-26 subsection (b) so that an individual who operates a motor vehicle beyond the determinate sentence of suspension, but before reinstatement, is not charged with a violation of the criminal code. Final Report 2018 || 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. 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. 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. Final Report 2010 || WORD || PDF
Traffic on Marked Lanes - proposes revision to 39:4-88 to clarify the statute in response to the 2011 case of State v. Regis Current as of September 2014. Final Report 2013 || 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
Unclaimed Property 2018 - proposes incorporating the recommendations that had met with the approval of the Office of the Administrator of Unclaimed Property on modifications to New Jersey’s statutes concerning unclaimed property. Final Report 2018 || 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). 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. Final Report 1998 || WORD || PDF
(Uniform) Voidable Transactions Act - recommends a narrow set of amendments to the Uniform Fraudulent Transfer Act that: (1) renames the act and recategorizes the transactions governed by the act as "voidable" rather than "fraudulent" to more accurately reflect the nature of the covered transactions and to prevent confusion; (2) modifies the definition of insolvency; (3) allocates the burden of proof and defines the standard of proof with respect to claims and defenses under the act; and (4) provides guidance on conflict of law issues. Final Report 2015 || 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. 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. 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