Tagged: New Jersey General Assembly

Four Things to Watch After Legislature Cancels Votes on Marijuana

To the dismay of advocates and the cheers of opponents, the New Jersey Legislature canceled its scheduled votes on a three-bill package to legalize marijuana for adult use, expand the State’s medical marijuana program, and expunge the records of certain marijuana offenders. For the time being, New Jersey will not become the eleventh state to legalize cannabis for recreational use. But with legislators still committed to moving the issue in the future, here are four things to watch in the coming months. Will the Governor Take Action to Expand the State’s Existing Medical Marijuana Program? Marijuana is legal for medical use in New Jersey, and the State’s medical program has seen a rapid expansion under the Murphy Administration. Under the current framework of the “Compassionate Use of Medical Marijuana Act,” the Governor has the authority to permit more alternative treatment centers (ATCs) in the State, and to continue to expand the list of qualifying medical conditions that marijuana can be prescribed for. Governor Murphy and his Department of Health did a call for applicants in August 2018, and issued permits for six new vertically-integrated ATCs. The Governor expressed his desire to expand the medical marijuana program aggressively if legislation did...

Medical Marijuana Reforms on the Horizon

Governor Phil Murphy and the New Jersey Legislature are taking actions towards expanding the medical marijuana program. The Governor announced new rules and regulations to reduce barriers to access for medical marijuana. These include expanding the list of debilitating medical conditions eligible for treatment with cannabis, permitting currently licensed Alternative Treatment Centers (ATCs) to dispense at satellite locations, eliminating the physician registry for doctors who prescribe marijuana, and soliciting new applicants for ATC permits. These actions stem from the Administration’s report on ways to expand access to marijuana for medical purposes. The New Jersey General Assembly Health and Senior Services Committee also recently approved legislation that would vastly expand the State’s existing medical marijuana program. The bill, A-3740, would allow medical marijuana to be prescribed for any condition and give greater flexibility for patients and caregivers to purchase and transport medical marijuana. Most importantly, and unlike the current medical marijuana distribution system where ATCs both cultivate and dispense medical marijuana, A-3740 creates a separate manufacturing and licensure system. The bill allows for the licensure of 34 medical marijuana dispensaries that would be authorized to dispense marijuana and marijuana products to patients. The legislation would also permit licensure of six medical marijuana cultivator-processors...

Governor Murphy Delivers Fiscal Year 2019 Budget Address

Governor Phil Murphy delivered his first budget address to the New Jersey State Legislature on Tuesday, March 13th. The Governor’s proposed Fiscal Year (FY) 2019 Budget totals $37.4 billion, which is a $2.7 billion increase from the $34.7 billion spending plan enacted in Fiscal Year 2018. The Governor stated that the proposed FY 2019 Budget is “realistic and responsible,” affirms New Jersey’s values, and will begin the process of returning New Jersey to being a “good value for good money.” To accomplish this, Governor Murphy is proposing to: Increase public school spending by $341 million in FY 2019 with the goal of reaching full funding in four years; Invest an additional $83 million in pre-K this year and start a four-year expansion of a statewide program; Make community college tuition free for all in three years by investing an additional $50 million this fiscal year; Add 3,500 new Tuition Aid Grant awards; Triple funding for New Jersey Transit with an additional $242 million in investment; Increase the Earned Income Tax Credit from 35 percent to 40 percent over three years; Provide $3.2 billion in payments to the state pension system; Increase the minimum wage to $11 per hour for state...

New Jersey Corporate Reforms Become Law

A package of bills that reform the New Jersey Business Corporation Act (“NJBCA”) were signed into law on January 16, 2018. We previously wrote about this legislation which was modeled upon provisions of the “Delaware Business Corporation Law” and was recommended for enactment by the “New Jersey Corporate and Business Law Study Commission.” These revisions generally benefit corporate boards of directors and modernize provisions of the NJBCA. Inspections of Corporate Books and Records (P.L. 2017, c.364) Assembly Bill 2975 (Diegnan/Pinkin) modifies the NJBCA to allow corporations to impose reasonable limitations or conditions on the use or distribution of requested corporate books and records. While the law does not define such “limitations and conditions,” the legislative statement provides an example of conditioning the receipt of requested materials on the demanding shareholder agreeing to customary confidentiality obligations. The measure preserves the ultimate authority of a court to decide and order relief in actions brought by shareholders for inspection of materials. Derivative Proceedings and Shareholder Class Actions (P.L. 2017, c.362) Assembly Bill 2970 (Diegnan/Pinkin) gives corporations greater flexibility to vary the applicability or effect of commencing and maintaining a derivative proceeding and shareholder class action. This new law deviates from the prior standards and requires that...

Committee Assignments for State Senate and General Assembly Announced

Senate President Steve Sweeney and Assembly Speaker Craig Coughlin announced the committee chairpersons and committee members for the 218th Legislative Session. While most committee chairs remained the same, several important committees will see new leaders in both the Assembly and Senate. Assemblywoman Eliana Pintor Marin (D-28) became Chairwoman of the Assembly Budget Committee, succeeding Assemblyman Gary Schaer (D-36) who had chaired the committee for the past several sessions. Assemblyman Gordon Johnson (D-37) returned to his chairmanship of the Assembly Commerce Committee after having relinquished that role last session, and Assemblyman John McKeon (D-27) assumed the Chairmanship of the Assembly Financial Institutions and Insurance Committee. A new committee, the Assembly Science and Technology Committee, was formed and will be chaired by Assemblyman Andrew Zwicker (D-16). Lastly, Assemblywoman Nancy Pinkin (D-18) will chair the Assembly Environment and Solid Waste Committee. Senator Bob Gordon (D-38) took over the chairmanship of the Senate Transportation Committee, a position previously held by Senator Nick Sacco (D-32). By becoming Chair of Senate Transportation, Senator Gordon relinquished his Chairmanship of the Senate Legislative Oversight Committee, which will now be led by Senator Brian Stack (D-33). Senator Nilsa Cruz-Perez (D-5) is the new Chairwoman of the Senate Economic Growth...

New Jersey Legislature Reorganizes and Governor Christie Delivers His Final State of the State Address

The 218th Session of the New Jersey Legislature began on January 9, 2018 with the swearing-in of new members, remarks from Senate President Stephen Sweeney (D-3) and newly elected Speaker Craig Coughlin (D-19), and the final State of the State Address from Governor Chris Christie. Senate Reorganization Senate President Stephen Sweeney retained his role as leader of the Senate. Democrats control the chamber by a 25 to 15 margin, a one seat gain from the prior session. The Senate has five new members: Chris Brown (R-2); Troy Singleton (D-7); Vin Gopal (D-11); Declan O’Scanlon (R-13); and Joe Cryan (D-20). Senate President Sweeney outlined his priorities for the 218th Session. The Senate will convene a joint panel on taxation, led by Senator Paul Sarlo (D-36) and Senator Steve Oroho (R-24). The Senate will also focus on equalizing the school funding formula among towns, expanding pre-K education and focusing on higher education affordability. The Senate President called for a new round of higher education investment and for expanding the progress made on vocational employment. Transportation infrastructure will be a focus for the Senate. Specifically, the Senate President spoke of expanding light rail service along the Hudson-Bergen Rail and the creation of the...

Murphy Wins Governor’s Race, Democrats Pick Up Seats in the Legislature

On Tuesday, November 7th, New Jersey voters elected Democrat Phil Murphy as the next Governor of New Jersey. Mr. Murphy defeated the State’s Republican Lieutenant Governor, Kim Guadagno, by a margin of 56% to 42%. All 120 seats in the State Legislature were also on the ballot, and the Democrats retained their majority in both houses. Democrats will pick up one Senate seat and two Assembly seats, bringing their control to 25 seats in the Senate, and 54 seats in the Assembly. Lastly, voters approved two ballot questions related to borrowing for library improvements and the dedication of funds for environmental cleanups. Governor’s Race Phil Murphy was the favored candidate from the start of the general election, having outpolled Lieutenant Governor Guadagno by as much as 20 percent in some surveys. This campaign marked Governor-Elect Murphy’s first time running for public office. He is a former Goldman Sachs executive, and the former Finance Chair of the Democratic National Committee. Mr. Murphy also served as Ambassador to Germany during President Obama’s first term. The Murphy campaign focused on three main issues: growing the economy, economic fairness, and investing in New Jersey. Governor-Elect Murphy’s platform included raising new tax revenues through closing...

New Jersey Legislature Considers Corporate and Business Law Reforms

A series of bills that would reform the New Jersey Business Corporation Act (“NJBCA”) are slowly churning their way through the New Jersey State Legislature. The pending legislation is modeled upon provisions of the “Delaware Business Corporation Law” and the recommendations of the “New Jersey Corporate and Business Law Study Commission.” In sum, the proposed revisions would generally benefit corporate boards of directors and modernize provisions of the NJBCA. Inspections of Corporate Books and Records Assembly Bill 2975 (Pinkin)/Senate Bill 2238 (Diegnan) modifies the NJBCA to allow corporations to impose reasonable limitations or conditions on the use or distribution of requested corporate books and records. While the bill does not define such “limitations and conditions,” the legislative statement accompanying A-2975/S-2238 provides an example of conditioning the receipt of requested materials on the demanding shareholder agreeing to customary confidentiality obligations. The bill preserves the ultimate authority of a court to decide and order relief in actions brought by shareholders for inspection of materials. On January 23, 2017, A-2975 passed the General Assembly by a vote of 69-0. On June 19, 2017, S-2238 passed the Senate Commerce Committee by a vote of 4-0. This bill is now awaiting a vote in the full...

Update: Waterfront Access Stakeholder Group Reports to Senate Committee

As previously reported, the New Jersey State Senate Environment and Energy Committee convened a stakeholder group to explore legislative action to address waterfront and shoreline public access. On April 21, 2016, the Committee took testimony from the stakeholder group, which will provide a full report to the Committee in a few weeks. Legislation based on the stakeholder’s report may be up for consideration in the fall. The stakeholder group received comments and participation from roughly 80 different entities. The stakeholder group members testified that a general consensus existed between all stakeholders regarding the need to protect critical infrastructure and hazardous sites from public access. This includes the State’s ports, nuclear facilities, chemical and petroleum locations, and environmentally compromised areas (i.e., locations subject to environmental cleanup). Consensus did not exist among the stakeholder group regarding access to waterfront property on or near industrial or commercial locations that are non-critical. There is also a lack of consensus regarding urban waterfront access near residential and commercial buildings. We will continue to monitor the Committee’s work towards drafting a legislative proposal on waterfront access. Should you or your organization have an interest in engaging on this issue, please contact a member of the Gibbons...