Gibbons Law Alert

Gibbons Law Alert

Tagged: Senate

NJ Legislative Budget Committees Receive Fiscal Updates

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Posted in State Legislative and Budget Matters

On April 7, 2017

The Legislature received testimony regarding State revenues earlier this week. In separate appearances before the Assembly Budget Committee and the Senate Budget and Appropriations Committee, the State Treasurer and the Office of Legislative Services (OLS) testified regarding the revenue picture for the current fiscal year (FY 2017), and the anticipated revenues for the upcoming fiscal year (FY 2018). The OLS reported to the Committees that incoming revenues for FY 2017 are currently forecasted to be $228 million less than expected. However, the 2016 financial market rally and estimated tax payments by high-income earners suggest that FY 2017 revenues could push closer to the originally forecasted amounts. A more accurate revenue forecast will be available in May, after the April tax filing deadline passes. For FY 2018, both the Executive Branch and the OLS have similar projections for growth in the upcoming fiscal year. The Executive Branch anticipating growth that is only 0.6 percent higher than the OLS. While a small percentage amount, this still results in a difference of $212.9 million between the Executive Branch and OLS revenue estimates. The OLS Tax and Revenue Outlook can be accessed here. The State Treasurer’s testimony to the Assembly and Senate Budget Committees can be found here. In all, the State of New Jersey faces another tight fiscal...

New Jersey Legislature Focuses on Drone Technology

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Posted in State Legislative and Budget Matters

On February 21, 2017

The First Legislative District Economic Development Task Force (“Task Force”) will meet on February 23, 2017, to discuss unmanned aviation technology and the potential impact it could have on the Southern New Jersey region. The Task Force, established by the New Jersey Senate in 2014 and reauthorized in 2016, was charged with “identifying methods, policies, regulations, incentives, and tools to foster economic activity and create jobs in Atlantic, Cape May, and Cumberland counties.” To accomplish its work, the 11-member Task Force is composed of a broad cross-section of thought leaders from the political, educational, and economic spheres. Over the last three years, the Task Force has met multiple times and has studied several issues of importance to the region. It has also studied aquaculture development and educational initiatives to develop a more skillful workforce. Throughout their deliberations, the members of the Task Force have identified actions that will grow the workforce and position the region to attract and support innovation. As the home of the William J. Hughes Technical Center and Stockton University, Southern New Jersey is known for aviation innovation. The testimony received by the Task Force on February 23rd will highlight the potential assets of the region. This potential paired with New Jersey-based economic incentives could position New Jersey to serve as a...

What You Need to Know About Federal Regulatory Reform

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Posted in Regulatory Counseling and Departmental Action

On February 17, 2017

President Trump and the newly-elected Congress have made regulatory reform a main focus of their policy agenda. With Republicans controlling both the White House and Capitol Hill for the first time in over a decade, significant actions were taken within the first several weeks of coming into power that regulated industries should be aware of. Implementation of a Regulatory Freeze – The Trump Administration froze all federal rulemaking by issuing a policy memorandum to the Executive Branch departments and agencies. The memorandum declared that no regulations should be submitted “until a department or agency head appointed or designated by the President … reviews and approves the regulation.” The memorandum also required the Executive Branch agencies to either withdraw or postpone all agency regulations submitted to the Office of the Federal Register. The only exceptions to the regulatory freeze are for “emergency situations or other urgent circumstances relating to health, safety, financial, or national security matters” or “regulations subject to statutory or judicial deadlines.” Reducing Regulations for Domestic Manufacturing – President Trump directed the Executive Branch departments and agencies to support the expansion of manufacturing in the United States through “expedited reviews of and approvals for proposals to construct or expand manufacturing facilities and through reductions in regulatory burdens affecting domestic manufacturing.” A key component of...

With the Budget Done, Line Item Veto Shapes the FY17 Budget

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Posted in Economic Development / Regulatory Counseling and Departmental Action

On July 22, 2016

On June 27, 2016, the New Jersey Legislature sent S17, the FY 2017 budget bill, to Governor Christie. S17 makes various language changes and adds $275 million to the Governor’s proposed budget. Usually, the Governor is limited to three options when reviewing passed legislation. He can accept the bill as it is written, veto the bill in its entirety or suggest changes, or send it back to the Legislature. The budget bill is different. The New Jersey Constitution gives the Governor the ability to enact laws, that appropriate money, while reducing or removing specific line items. Article V, Section I, paragraph 15 provides that “If any bill presented to the Governor shall contain one or more items of appropriation of money, he may object in whole or in part to any such item or items while approving the other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of each item or part thereof to which he objects, and each item or part so objected to shall not take effect.” That same section also grants the Legislature the ability to override the Governor’s line item veto by a two-thirds vote of all members of the State Senate and General Assembly. Ibid. This is...

Attorney-Client Protections Do Not Extend to Lawyers Providing Government Affairs Counseling in Non-Law Firm Settings

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Posted in State Legislative and Budget Matters

On June 2, 2016

A December 10, 2015, joint decision from the Advisory Committee on Professional Ethics and the Committee on the Unauthorized Practice of Law (‘Committees’) provides clarity to lawyer-lobbyists working in non-law firm settings. Both Committees examined this issue after receiving an inquiry whether an attorney representing clients at a lobbying and government affairs services company that is not a law firm may use the designation “Esq.” after her name on company letterhead. The decision concludes that a lawyer may “associate with non-lawyers in lobbying and government affairs services companies, outside a law firm, provided the company communicates to their customers that they do not provide legal services or offer the protections of a lawyer-client relationship and the lawyers do not hold themselves out as acting in the capacity of lawyers.” The decision also directs attorneys, working in a non-legal setting, to not use the “Esquire” or “Esq.” designation. As part of its analysis, the Committee on the Unauthorized Practice of Law determined that many of the activities associated with lobbying are the practice of law, but also determined that it is in the public interest to allow registered non-lawyers to provide these services as well. They felt that “potential harm was mitigated by the protections” of the regulatory framework under the New Jersey Election Law Enforcement...

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