A3544

An Act concerning the New Jersey Civil Union Review Commission and amending P.L.2006, c.103.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 94 of P.L.2006, c.103 (C.37:1-36) is amended to read as follows:

94. a. There is hereby established the New Jersey Civil Union Review Commission commencing on the effective date of P.L.2006, c.103 (C.37:1-28 et al.).

b. The commission shall be composed of [13] 15 members to be appointed as follows: the Attorney General or his designee, the Commissioner of the Department of Banking and Insurance or his designee, the Commissioner of Health and Senior Services or his designee, the Commissioner of Human Services or his designee, the Commissioner of the Department of Children and Families or his designee, the Director of the Division of Civil Rights in the Department of Law and Public Safety or his designee, one public member appointed by the President of the Senate, one public member appointed by the Minority Leader of the Senate, one public member appointed by the Speaker of the General Assembly, one public member appointed by the Minority Leader of the General Assembly, and five public members appointed by the Governor, with the advice and consent of the Senate, no more than three who shall be of the same political party.

c. It shall be the duty of the commission to study all aspects of P.L.2006, c.103 (C.37:1-28 et al.) which authorizes civil unions including, but not limited to:

(1) evaluate the implementation, operation and effectiveness of the act;

(2) collect information about the act's effectiveness from members of the public, State agencies and private and public sector businesses and organizations;

(3) determine whether additional protections are needed;

(4) collect information about the recognition and treatment of civil unions by other states and jurisdictions including the procedures for dissolution;

(5) evaluate the effect on same-sex couples, their children and other family members of being provided civil unions rather than marriage;

(6) evaluate the financial impact on the State of New Jersey of same-sex couples being provided civil unions rather than marriage; and

(7) review the "Domestic Partnership Act," P.L.2003, c.246 (C.26:8A-1 et al.) and make recommendations whether this act should be repealed.

d. The commission shall organize as soon as possible after the appointment of its members. The commission shall be established for a term of three years and the members shall be appointed for the full term of three years. Vacancies in the membership of the commission shall be filled in the same manner as the original appointment. The commission members shall choose a Chair from among its members.

e. The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for its purposes.

f. The commission is entitled to the assistance and service of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes, and to employ stenographic and clerical assistance and to incur traveling or other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.

g. The commission shall report semi-annually its findings and recommendations to the Legislature and the Governor. The Chair of the commission shall permit any member to issue a minority report, which shall be included with the report of the commission submitted to the Legislature and the Governor.

h. The commission shall expire three years from the date of its initial organizational meeting and upon submission of its final report.

i. At any meeting of the commission where testimony from the public is permitted, the Chair shall permit any person present to testify about all aspects of P.L.2006, c.103 including its implications for individuals, families, and society, except that the commission may rule the person’s testimony out of order by a unanimous vote of all members present. At any meeting of the commission where testimony from invited witnesses is taken, any member of the commission may invite a witness.

(cf: P.L.2006, c.103, s.94)

2. This act shall take effect immediately.

STATEMENT

The bill adds two members to the New Jersey Civil Union Review Commission, permits any member of the commission to issue a minority report, and requires unanimous consent to rule a person’s testimony before the commission out of order.

The commission is currently composed of 13 members appointed as follows:

· the Attorney General or his designee,

· the Commissioner of the Department of Banking and Insurance or his designee,

· the Commissioner of Health and Senior Services or his designee,

· the Commissioner of Human Services or his designee,

· the Commissioner of the Department of Children and Families or his designee,

· the Director of the Division of Civil Rights in the Department of Law and Public Safety or his designee,

· one public member appointed by the President of the Senate,

· one public member appointed by the Speaker of the General Assembly,

· and five public members appointed by the Governor, with the advice and consent of the Senate, no more than three who shall be of the same political party.

The bill would add two more members: One appointed by the Minority Leader of the Senate, and one appointed by the Minority Leader of the General Assembly.

In addition, the bill would require the chair of the commission to permit any member of the commission to issue a minority report, which shall be included with the report of the commission submitted to the Legislature and the Governor.

The bill requires that at any meeting of the commission where testimony from the public is permitted, the chair shall permit any person present to testify about all aspects of P.L.2006, c.103 including its implications for individuals, families, and society, except that the commission may rule the person’s testimony out of order by a unanimous vote of all members of the commission present. The bill also provides that at any meeting of the commission where testimony from invited witnesses is taken, any member of the commission may invite a witness.

The law that created the New Jersey Civil Union Review Commission, section 94 of P.L.2006, c.103 (C.37:1-36), does not address explicitly the issuance of concurring and dissenting statements or the procedure for ruling a person’s testimony before the commission out of order.