SENATE, No. 1982

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 27, 2010

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Salem, Cumberland and Gloucester)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Changes references of “mental retardation” to “intellectual disability” or “developmental disability” and uses person-first language for persons with disabilities.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning terminology referring to persons with various disabilities and revising parts of statutory law.

 

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

 

     1.    Section 27 of P.L.1982, c.77 (C.2A:4A-46) is amended to read as follows: 

     27.  a.  The court may order any disposition in a juvenile-family crisis provided for in paragraphs (2), (4), (5), (6), (7) and (13) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) or other disposition specifically provided for in P.L.1982, c.80 (C.2A:4A-76 et seq.).

     b.    No juvenile involved in a juvenile-family crisis shall be committed to or placed in any institution or facility established for the care of delinquent children or in any facility, other than an institution for [the mentally retarded] persons with intellectual disabilities, a mental hospital or facility for the care of persons addicted to controlled dangerous substances, which physically restricts such juvenile committed to or placed in it.

(cf: P.L. 1995, c.280, s.14)

 

     2.    Section 3 of P.L.1977, c.200 (C.5:5-44.4) is amended to read as follows:

     3.    The New Jersey State Developmental Disabilities Council shall determine annually which organizations in New Jersey shall receive the moneys to be distributed pursuant to section 2 of this supplemental act;  provided, however,  that such organizations shall be nonprofit organizations which expend funds for  direct services in full-time programs to New Jersey residents who are  developmentally disabled, and provided further, however, that each such organization shall be affiliated with a national organization of the same type  and purpose.  As used herein, "developmentally disabled" means a disability of a person which (1) is attributable to:

     (a) [mental retardation] an intellectual disability, cerebral palsy, epilepsy or autism;

     (b) any other condition found to be closely related to [mental retardation] an intellectual disability because such condition results in impairment of general intellectual functioning or adaptive behavior similar to impairment resulting from [mental retardation] an intellectual disability or which requires treatment and services similar to those required for [mental retardation] an intellectual disability;  or

     (c) dyslexia resulting from a disability described in
subparagraphs (a) and  (b);

     (2) originates before such person attains age 18;

     (3) has continued or can be expected to continue indefinitely;  and

     (4) constitutes a substantial handicap to such person's ability to function  normally in society.

(cf: P.L.1977, c. 200, s. 3)

 

     3.    Section 6 of P.L.1938, c.366 (C.17:48-6) is amended to read as follows:

     6.    Every individual contract made by a corporation subject to the provisions of  this chapter to furnish services to a subscriber shall provide for the furnishing of services for a period of 12 months, and no contract shall be made  providing for the inception of such services at a date later than 1 year after  the actual date of the making of such contract.  Any such contract may provide  that it shall be automatically renewed from year to year unless there shall  have been at least 30 days' prior written notice of termination by either the subscriber or the corporation.  In the absence of fraud or material misrepresentation in the application for a contract or for reinstatement, no contract with an individual subscriber shall be terminated by the corporation unless all contracts of the same type, in the same group or covering the same classification of persons are terminated under the same conditions.

     No contract between any such corporation and a subscriber shall entitle more  than one person to services, except that a contract issued as a family contract  may provide that services will be furnished to a husband and wife, or husband, wife and their dependent child or children, or the subscriber and his (or her)  dependent child or children.  Adult dependent(s) of a subscriber may also be  included for coverage under the contract of such subscriber.

     Whenever, pursuant to the provisions of a subscription certificate or group contract issued by a corporation, the former spouse of a named subscriber under  such a certificate or contract is no longer entitled to coverage as an eligible  dependent by reason of divorce, separate coverage for such former spouse shall be made available the corporation on an individual non-group basis under the  following conditions:

     (a) Application for such non-group coverage shall be made to the corporation  by or on behalf of such former spouse no later than 31 days following the date  his or her coverage under the prior certificate or contract terminated.

     (b) No new evidence of insurability shall be required in connection with the  application for such non-group coverage but any health exception, limitation or  exclusion applicable to said former spouse under the prior coverage may, at the  option of the corporation, be carried over to the new non-group coverage.

     (c) The effective date of the new coverage shall be the day following the date on which such former spouse's coverage under the prior certificate or contract terminated.

     (d) The benefits provided under the non-group coverage issued to such former spouse shall be at least equal to the basic benefits provided in contracts then  being issued by the corporation to new non-group applicants of the same age and  family status.

     Family type contracts shall provide that the services applicable for children shall be payable with respect to a newly-born child of the subscriber, or his or her spouse from the moment of birth.  The services for newly-born children shall consist of coverage of injury or sickness including the  necessary care and treatment of medically diagnosed congenital defects and  abnormalities.  If a subscription payment is required to provide services for a  child, the contract may require that notification of birth of a newly-born  child and the required payment must be furnished to the service corporation  within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.

     Nonfamily type contracts which provide for services to the subscriber but not to family members or dependents of that subscriber, shall also provide services to newly-born children of the subscriber which shall commence with the  moment of birth of each child and shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and abnormalities, provided that application therefor and payment of the required subscription amount are made to include in said contract the coverage described in the preceding paragraph of this section within 31 days from the date of birth of a newborn child.

     A contract under which coverage of a dependent of a subscriber terminates at  a specified age shall, with respect to an unmarried child, covered by the contract prior to attainment of age 19, who is incapable of self-sustaining employment by reason of [mental retardation] an intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon such subscriber for support and maintenance, not so terminate while the contract remains in force and the dependent remains in such condition, if the subscriber has within 31 days of such dependent's attainment of the termination  age submitted proof of such dependent's incapacity as described herein.  The foregoing provisions of this paragraph shall not apply retrospectively or prospectively to require a hospital service corporation to insure as a covered dependent any [mentally retarded] child with an intellectual disability or physically handicapped child of the applicant where the contract is underwritten on evidence of insurability based on health factors required to be set forth in the application.  In such cases any contract heretofore or hereafter issued may specifically exclude such [mentally retarded] child with an intellectual disability or physically handicapped child from coverage.

     Every individual contract entered into by any such corporation with any subscriber thereto shall be in writing and a certificate stating the terms and conditions thereof shall be furnished to the subscriber to be kept by him.  No such certificate form shall be made, issued or delivered in this State unless it contains the following provisions:

     (a) A statement of the contract rate, or amount payable to the corporation by or on behalf of the subscriber for the original quarter-annual period of coverage and of the time or times at which, and the manner in which, such amount is to be paid;  and a provision requiring 30 days written notice to the subscriber before any change in the contract, including a change in the amount of subscription rate, shall take effect;

     (b) A statement of the nature of the services to be furnished and the period  during which they will be furnished;  and if there are any services to be  excepted, a detailed statement of such exceptions printed as hereinafter specified;

     (c) A statement of the terms and conditions, if any, upon which the contract  may be amended on approval of the commissioner or canceled or otherwise  terminated at the option of either party.  Any notice to the subscriber shall  be effective if sent by mail to the subscriber's address as shown at the time  on the plan's record, except that, in the case of persons for whom payment of  the contract is made through a remitting agent, any such notice to the  subscriber shall also be effective if a personalized notice is sent to the remitting agent for delivery to the subscriber, in which case it shall be the responsibility of the remitting agent to make such delivery. The notice to the subscriber as herein required shall be sent at least 30 days before the  amendment, cancellation or termination of the contract takes effect.  Any rider or endorsement accompanying such notice, and amending the rates or other  provisions of the contract, shall be deemed to be a part of the contract as of  the effective date of such rider or endorsement;

     (d) A statement that the contract includes the endorsements thereon and attached papers, if any, and contains the entire contract for services;

     (e) A statement that no statement by the subscriber in his application for a  contract shall avoid the contract or be used in any legal proceeding thereunder, unless such application or an exact copy thereof is included in or attached to such contract, and that no agent or representative of such corporation, other than an officer or officers designated therein, is authorized to change the contract or waive any of its provisions;

     (f) A statement that if the subscriber defaults in making any payment under  the contract, the subsequent acceptance of a payment by the corporation or by  one of its duly authorized agents shall reinstate the contract, but with  respect to sickness and injury may cover such sickness as may be first manifested more than 10 days after the date of such acceptance;

     (g) A statement of the period of grace which will be allowed the subscriber  for making any payment due under the contract.  Such period shall be not less  than 10 days.

     In every such contract made, issued or delivered in this State:

     (a) All printed portions shall be plainly printed in type of which the face  is not smaller than 10 point;

     (b) There shall be a brief description of the contract on its first page and  on its filing back in type of which the face is not smaller than 14 point;

     (c) The exceptions of the contract shall appear with the same prominence as  the benefits to which they apply;  and

     (d) If the contract contains any provision purporting to make any portion of  the articles, constitution or bylaws of the corporation a part of the contract,  such portion shall be set forth in full.

(cf: P.L. 1980, c. 113, s. 3)

 

     4.    Section 2 of P.L.1964, c.104 (C.17:48-6.1) is amended to read as follows:

     2.    A hospital service corporation may issue to a policyholder a group contract, covering at least two employees or members at the date of issue, if it conforms to the following description: 

     (a) A contract issued to an employer or to the trustees of a fund established by one or more employers, or issued to a labor union, or issued to an association formed for purposes other than obtaining such contract, or issued to the trustees of a fund established by one or more labor unions, or by one or more employers and one or more labor unions, covering employees and members of associations or labor unions. 

     (b) A contract issued to cover any other group which the Commissioner of Insurance determines may be covered in accordance with sound underwriting principles. 

     Benefits may be provided for one or more members of the families or one or more dependents of persons who may be covered under a group contract referred to in (a) or (b) above. 

     Family type contracts shall provide that the services applicable for children shall be payable with respect to a newly-born child of the subscriber, or his or her spouse from the moment of birth.  The services for newly-born children shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and abnormalities.  If a subscription payment is required to provide services for a child, the contract may require that notification of birth of a newly-born child and the required payment must be furnished to the service corporation within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period. Group contracts which provide for services to the subscriber but not to family members or dependents of that subscriber, other than contracts which provide no dependent coverage whatsoever for the subscriber's class, shall also provide services to newly-born children of the subscriber which shall commence with the moment of birth of each child and shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and abnormalities, provided that application therefor and payment of the required subscription amount are made to include in said contract the coverage described in the preceding paragraph of this section within 31 days from the date of birth of a newborn child. 

     A contract under which coverage of such a dependent terminates at a specified age shall, with respect to an unmarried child, covered by the contract prior to attainment of age 19, who is incapable of self-sustaining employment by reason of [mental retardation] intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon the covered employee or member for support and maintenance, not so terminate while the coverage of the employee or member remains in force and the dependent remains in such conditions, if the employee or member has within 31 days of such dependent's attainment of the termination age submitted proof of such dependent's incapacity as described herein. The foregoing provisions of this paragraph shall not apply retrospectively or prospectively to require a hospital service corporation to insure as a covered dependent any [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap of the applicant where the contract is underwritten on evidence of insurability based on health factors required to be set forth in the application.  In such cases any contract heretofore or hereafter issued may specifically exclude such [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap from coverage. 

     Any group contract which contains provisions for the payment by the insurer of benefits for members of the family or dependents of a person in the insured group shall provide that, subject to payment of the appropriate premium, such family members or dependents be permitted to have coverage continued for at least 180 days after the death of the person in the insured group. 

     The contract may provide that the term "employees" shall include as employees of a single employer the employees of one or more subsidiary corporations and the employees, individual proprietors and partners of affiliated corporations, proprietorships and partnerships if the business of the employer and such corporations, proprietorships or partnerships is under common control through stock ownership, contract or otherwise.  The contract may provide that the term "employees" shall include the individual proprietor or partners of an individual proprietorship or a partnership. The contract may provide that the term "employees" shall include retired employees. A contract issued to trustees may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.  A contract issued to the trustees of a fund established by the members of an association of employers may provide that the term "employees" shall include the employees of the association. 

(cf: P.L.1993, c.162, s.24)

 

     5.    Section 5 of P.L.1940, c.74 (C.17-48A-5) is amended to read as follows: 

     5.    Every individual contract made by any corporation subject to the provisions  of this chapter to provide payment for medical services shall provide for the  payment of medical services for a period of 12 months from the date of issue of  the subscription certificate.  Any such contract may provide that it shall be automatically renewed from year to year unless there shall have been 1 month's prior written notice of termination by either the subscriber or the corporation.  In the absence of fraud or material misrepresentation in the application for contract or for reinstatement, no contract with an individual  subscriber shall be terminated by the corporation unless all contracts of the  same type, in the same group or covering the same classification of persons are terminated under the same conditions.  No contract between such corporation and subscriber shall allow for the payment for medical services for more than one person, except that a family contract may provide that payment will be made for  medical services rendered to a subscriber and any of those dependents defined  in section 1 of this act.

     Whenever, pursuant to the provisions of a subscription certificate or group contract issued by a corporation, the former spouse of a named subscriber under  such a certificate or contract is no longer entitled to coverage as an eligible  dependent by reason of divorce, separate coverage for such former spouse shall  be made available by the corporation on an individual nongroup basis under the following conditions:

     (a) Application for such nongroup coverage shall be made to the corporation  by or on behalf of such former spouse no later than 31 days following the date  his or her coverage under the prior certificate or contract terminated.

     (b) No new evidence of insurability shall be required in connection with the  application for such nongroup coverage but any health exception, limitation or  exclusion applicable to said former spouse under the prior coverage may, at the  option of the corporation, be carried over to the new nongroup coverage.

     (c) The effective date of the new coverage shall be the day following the date on which such former spouse's coverage under the prior certificate or contract terminated.

     (d) The benefits provided under the nongroup coverage issued to such former  spouse shall be at least equal to the basic benefits provided in contracts then  being issued by the corporation to new nongroup applicants of the same age and  family status.

     Family type contracts shall provide that the services applicable for children shall be payable with respect to a newly-born child of the subscriber,  or his or her spouse from the moment of birth.  The services for newly-born  children shall consist of coverage of injury or sickness including the  necessary care and treatment of medically diagnosed congenital defects and  abnormalities.  If a subscription payment is required to provide services for a  child, the contract may require that notification of birth of a newly-born  child and the required payment shall be furnished to the service corporation  within 31 days after the date of birth in order to have the coverage continue  beyond such 31-day period.

     Nonfamily type contracts which provide for services to the subscriber but not to family members or dependents of that subscriber, shall also provide services to newly-born children of the subscriber which shall commence with the  moment of birth of each child and shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and abnormalities, provided that application therefor and payment of the required subscription amount are made to include in said contract the coverage described in the preceding paragraph of this section within 31 days from the date of birth of a newborn child.

     A contract under which coverage of a dependent of a subscriber terminates at  a specified age shall, with respect to an unmarried child, covered by the contract prior to attainment of age 19, who is incapable of self-sustaining employment by reason of [mental retardation] intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon such subscriber for support and maintenance, not so terminate while the contract remains in force and the dependent remains in such condition, if the subscriber has within 31 days of such dependent's attainment of the termination  age submitted proof of such dependent's incapacity as described herein.  The  foregoing provisions of this paragraph shall not apply retrospectively or prospectively to require a medical service corporation to insure as a covered dependent any [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap of the applicant where the contract is underwritten on evidence of insurability based on health factors, required to be set forth in the application.  In such cases  any contract heretofore or hereafter issued may specifically exclude such [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap from coverage.

(cf: P.L. 1981, c. 511, s. 9)

 

     6.    Section 1 of P.L.1964, c.105 (C.17:48A-7.1) is amended to read as follows:

     1.    A medical service corporation may issue to a policyholder a group contract,  covering at least 10 employees or members at the date of issue, if it conforms  to the following description:

     (a) A contract issued to an employer or to the trustees of a fund established by one or more employers, or issued to a labor union, or issued to an association formed for purposes other than obtaining such contract, or issued to the trustees of a fund established by one or more labor unions or by one or more employers and one or more labor unions, covering employees and members of associations or labor unions.

     (b) A contract issued to cover any other group which the Commissioner of Insurance (hereinafter called the commissioner) determines may be covered in accordance with sound underwriting principles.

     Benefits may be provided for one or more members of the families or one or more dependents of persons who may be covered under a group contract referred to in (a) or (b) above.

     Family type contracts shall provide that the services applicable for children shall be payable with respect to a newly-born child of the subscriber,  or his or her spouse from the moment of birth.  The services for newly-born  children shall consist of coverage of injury or sickness including the  necessary care and treatment of medically diagnosed congenital defects and  abnormalities.  If a subscription payment is required to provide services for a  child, the contract may require that notification of birth of a newly-born  child and the required payment must be furnished to the service corporation  within 31 days after the date of birth in order to have the coverage continue  beyond such 31-day period.

     Group contracts which provide for services to the subscriber but not to family members or dependents of that subscriber, other than contracts which provide no dependent coverage whatsoever for the subscriber's class, shall also provide services to newly-born children of the subscriber which shall commence with the moment of birth of each child and shall consist of coverage of injury  or sickness including the necessary care and treatment of medically diagnosed congenital defects and abnormalities, provided that application therefor and  payment of the required subscription amount are made to include in said  contract the coverage described in the preceding paragraph of this section  within 31 days from the date of birth of a newborn child.

     A contract under which coverage of such a dependent terminates at a specified age shall, with respect to an unmarried child, covered by the contract prior to attainment of age 19, who is incapable of self-sustaining employment by reason of [mental retardation} intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon the covered employee or member for support and maintenance, not so terminate while the coverage of the employee or member remains in force and the dependent remains in such condition, if the employee or member has within 31 days of such dependent's attainment of the termination age submitted proof of such dependent's incapacity as described herein. The foregoing provisions of this paragraph shall apply retrospectively or prospectively to require a medical service corporation to insure as a covered dependent any [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap of the applicant where the contract is underwritten on evidence of insurability based on health factors required to be set forth in the application.  In such cases any contract heretofore or hereafter issued may specifically exclude such [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap from coverage.

     Any group contract which contains provisions for the payment by the insurer of benefits for members of the family or dependents of a person in the insured group shall, subject to payment of the appropriate premium, provide that such family members or dependents be permitted to have coverage continued for at least 180 days after the death of the person in the insured group.

     The contract may provide that the term "employees" shall include as employees of a single employer the employees of one or more subsidiary corporations and the employees, individual proprietors and partners of affiliated corporations, proprietorships and partnerships if the business of the employer and such corporations, proprietorships or partnerships is under common control through stock ownership, contract or otherwise.  The contract may provide that the term "employees" shall include the individual proprietor  or partners of an individual proprietorship or a partnership. The contract may  provide that the term  "employees"  shall include retired employees.  A contract issued to trustees may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are  principally connected with such trusteeship.  A contract issued to the trustees of a fund established by the members of an association of employers may provide that the term "employees" shall include the employees of the association.

(cf: P.L.1976, c. 101, s. 3)


     7.    Section 22 of P.L.1985, c.236 (C.17:48E-22) is amended to read as follows:

     22.  Coverage of an unmarried child, covered prior to attainment of age 19 by an individual contract under which coverage terminates at a specified age, who is incapable of self-sustaining employment by reason of [mental retardation] intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon the subscriber for support and maintenance, shall not terminate while the contract remains in force and the dependent remains in that condition, if the subscriber has within 31 days of the dependent's attainment of the termination age submitted proof of the dependent's incapacity as described herein.  The provisions of this section shall not apply retrospectively or prospectively to require a health service corporation to insure as a covered dependent any [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap of the applicant where the contract is underwritten on evidence of insurability based on health factors required to be set forth in the application.  A contract heretofore or hereafter issued may, however, specifically exclude such [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap from coverage.

(cf: P.L. 1985, c. 236, s. 22)

 

     8.    Section 30 of P.L.1985, c.236 (C.17:48E-30) is amended to read as follows:

     30.  Coverage of an unmarried child, covered prior to attainment of age 19 by a group contract under which coverage terminates at a specified age, who is incapable of self-sustaining employment by reason of [mental retardation] intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon the covered employee or member for support and maintenance, shall not terminate while the coverage of the employee or member remains in force and the dependent remains in that condition, if the employee or member has within 31 days of the dependent's attainment of the termination age submitted proof of the dependent's incapacity as described herein.  The provisions of this section shall not apply retrospectively or prospectively to require a health service corporation to insure as a covered dependent any [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap of the applicant where the contract is underwritten on evidence of insurability based on health factors required to be set forth in the application.  Any contract heretofore or hereafter issued may, however, specifically exclude a [mentally retarded] child with an intellectual disability or [physically handicapped child] physical
handicap
from coverage.

(cf: P.L. 1985, c. 236, s. 30)

 

     9.    N.J.S.17B:26-2 is amended to read as follows:

     17B:26-2.    a.  No such policy of insurance shall be delivered or issued for delivery to  any person in this State unless:

     (1) The entire money and other considerations therefor are expressed therein;  and

     (2) The time at which the insurance takes effect and terminates is expressed  therein; and

     (3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any  children under a specified age which shall not exceed 19 years and any other  person dependent upon the policyholder;  and

     (4) The style, arrangement and over-all appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10-point with a lower-case unspaced alphabet length not less than 120-point (the "text" shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description if any, and captions and subcaptions); and

     (5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in sections 17B:26-3 to 17B:26-31 inclusive, are printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as "exceptions,"  or  "exceptions and reductions,"  provided that if an exception or reduction specifically applies only to a particular benefit of the policy, a  statement of such exception or reduction shall be included with the benefit provision to which it applies;  and

     (6) Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and

     (7) It contains no provision purporting to make any portion of the charter,  rules, constitution, or bylaws of the insurer a part of the policy unless such  portion is set forth in full in the policy, except in the case of the  incorporation of, or reference to, a statement of rates or classification of  risks, or short-rate table filed with the commissioner.

     b.    A policy under which coverage of a dependent of the policyholder terminates at a specified age shall, with respect to an unmarried child covered  by the policy prior to the attainment of age 19, who is incapable of self-sustaining employment by reason of [mental retardation] intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon such policyholder for support and maintenance, not so terminate  while the policy remains in force and the dependent remains in such condition, if the policyholder has within 31 days of such dependent's attainment of the limiting age submitted proof of such dependent's incapacity as described herein.  The foregoing provisions of this paragraph shall not require an insurer to insure a dependent who is a [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap where the policy is underwritten on evidence of insurability  based on health factors set forth in the application or where such dependent  does not satisfy the conditions of the policy as to any requirement for evidence of insurability or other provisions of the policy, satisfaction of which is required for coverage thereunder to take effect.  In any such case the  terms of the policy shall apply with regard to the coverage or exclusion from  coverage of such dependent.

     c.     Notwithstanding any provision of a policy of health insurance, hereafter delivered or issued for delivery in this State, whenever such policy provides for reimbursement for any optometric service which is within the lawful scope of practice of a duly licensed optometrist, the insured under such policy shall be entitled to reimbursement for such service, whether the said service is performed by a physician or duly licensed optometrist.

     d.    If any policy is issued by an insurer domiciled in this State for delivery to a person residing in another state, and if the official having responsibility for the administration of the insurance laws of such other state shall have advised the commissioner that any such policy is not subject to approval or disapproval by such official, the commissioner may by ruling require that such policy meet the standards set forth in subsection a. of this section and in sections 17B:26-3 to 17B:26-31 inclusive.

     e.     Notwithstanding any provision of a policy of health insurance, hereafter delivered or issued for delivery in this State, whenever such policy provides for reimbursement for any psychological service which is within the lawful scope of practice of a duly licensed psychologist, the insured under such  policy shall be entitled to reimbursement for such service, whether the said service is performed by a physician or duly licensed psychologist.

     f.     Notwithstanding any provision of a policy of health insurance, hereafter delivered or issued for delivery in this State, whenever such policy provides for reimbursement for any service which is within the lawful scope of practice of a duly licensed chiropractor, the insured under such policy or the chiropractor rendering such service shall be entitled to reimbursement for such service, when the said service is performed by a chiropractor.  The foregoing provision shall be liberally construed in favor of reimbursement of chiropractors.

     g.     All individual health insurance policies which provide coverage for a family member or dependent of the insured on an expense incurred basis shall also provide that the health insurance benefits applicable for children shall be payable with respect to a newly born child of that insured from the moment of birth.

     (1) The coverage for newly born children shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities.

     (2) If payment of a specific premium is required to provide coverage for a child, the policy may require that notification of birth of a newly born child and payment of the required premium must be furnished to the insurer within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.

     h.     All individual health insurance policies which provide coverage on an expense incurred basis but do not provide coverage for a family member or dependent of the insured on an expense incurred basis shall nevertheless provide for coverage of newborn children of the insured which shall commence with the moment of birth of each child and shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, provided application therefor and payment of the required premium are made to the insurer to include in said policy coverage the same or similar to that of the insured, described in g. (1) above 31 days from the date of a newborn child.

     i.      Whenever, pursuant to the provisions of an individual or group contract  issued by an insurer, the former spouse of a named insured is no longer entitled to coverage as an individual dependent by reason of divorce, separate coverage for such former spouse shall be made available by the insurer on an individual non-group basis under the following conditions:

     (1) Application for such non-group coverage shall be made to the insurer by  or on behalf of such former spouse no later than 31 days following the date his or her coverage under the prior certificate or contract terminated.

     (2) No new evidence of insurability shall be required in connection with the  application for such non-group coverage but any health exception, limitation or exclusion applicable to said former spouse under the prior coverage may, at the option of the insurer, be carried over to the new non-group coverage.

     (3) The effective date of the new coverage shall be the day following the date on which such former spouse's coverage under the prior certificate or contract terminated.

     (4) The benefits provided under the non-group coverage issued to such former  spouse shall be at least equal to the basic benefits provided in contracts then  being issued by the insurer to acceptable new non-group applicants of the same  age and family status.

(cf: P.L.1980, c. 113, s. 2)

 

     10.  N.J.S.17B:27-30 is amended to read as follow:

     17B:27-30.  Benefits of group health insurance, except benefits for loss of time on account of disability, may be provided for one or more members of the families or one or more dependents of persons who may be insured under a group policy referred to in sections 17B:27-27, 17B:27-28 or 17B:27-29. Any group health insurance policy which contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, or surgical services for members of the family or dependents of a person in the insured group must, subject to payment of the appropriate premium, permit such family members or dependents to have coverage continued for at least 180 days after the death of the person in the insured group, subject to the policy provision as to termination of coverage with respect to family members or dependents for reasons other than the death of the person in the insured group.

     All group health insurance policies which provide coverage for a family member or dependent of an insured on an expense incurred basis shall also provide that the benefits applicable for children shall be payable with respect  to a newly-born child of that insured from the moment of birth. The coverage  for newly-born children shall consist of coverage of injury or sickness  including the necessary care and treatment of medically diagnosed congenital  defects and birth abnormalities.  If payment of a specific premium is required  to provide coverage for a child, the policy may require that notification of  birth of a newly-born child and payment of the required premium must be  furnished to the insurer within 31 days after the date of birth in order to  have the coverage continue beyond such 31-day period.

     All group health insurance policies which provide coverage on an expense incurred basis for the insured but do not provide coverage for a family member or dependent of the insured on an expense incurred basis, except such group policies as provide no dependent coverage whatsoever for the insured's class, shall nevertheless provide for coverage of newborn children of the insured which shall commence with the moment of birth of each child and shall consist of coverage of injury or sickness including the necessary care and treatment of  medically diagnosed congenital defects and birth abnormalities, provided application and payment of the required premium are made to the insurer to include in said policy coverage for a newly-born child as described in the previous paragraph of this section within 31 days from the date of birth of a newborn child.

     A policy under which coverage of a dependent of an employee or other member of the insured group terminates at a specified age shall, with respect to an unmarried child covered by the policy prior to the attainment of age 19, who is incapable of self-sustaining employment by reason of [mental retardation] intellectual disability or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon such employee or member for support and  maintenance, not so terminate while the insurance of the employee or member  remains in force and the dependent remains in such condition, if the insured  employee or member has within 31 days of such dependent's attainment of the termination age submitted proof of such dependent's incapacity as described herein.  The foregoing provision of this paragraph shall not require an insurer to insure a dependent who is a [mentally retarded] child with an intellectual disability or [physically handicapped child] physical handicap of an employee or other member of the insured group where such dependent  does not satisfy the conditions of the group policy as to any requirements for  evidence of insurability or other provisions as may be stated in the group policy required for coverage thereunder to take effect.  In any such case the terms of the policy shall apply with regard to the coverage or exclusion from coverage of such dependent.

(cf: P.L.1976, c. 101, s. 1)

 

     11.  N.J.S.18A:39-1.2 is amended to read as follows: 

     18A:39-1.2.  Whenever the governing body of a municipality finds that for safety reasons it is desirable to provide transportation to and from a school for pupils living within the municipality, other than those living remote from the school or those physically handicapped or [mentally retarded] with an intellectual disability, the governing body and the board of education of the district are authorized to enter into a contract pursuant to the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et seq.) under the terms of which the board shall provide such transportation.  Any funds required to be paid by the municipality to the board of education under such a contract shall be appropriated by the governing body and paid to the custodian of school moneys of the district.  The governing body of the municipality may charge the parents or guardians of children who are transported for safety reasons in order to help defray expenses, provided that no charge shall be imposed on the parent or guardian of any child who meets the Statewide eligibility standards established by the State Board of Education for free and reduced price meals under the State school lunch program.  The amount of any charges and the method of collection shall be specified in the contract between the municipal governing body and the board of education.  Nothing in this section shall prevent a board of education from providing transportation at its own expense.

(cf: P.L.1995, c.271, s.1)

 

     12.  N.J.S.18A:43A-5 is amended to read as follows:

     18A:43A-5.  The bureau may, subject to the approval of the board of education, provide for or administer any or all of the following services:

     (a) Take, keep and maintain a census of all children residing in the district pursuant to the provisions of section 18A:11-2;

     (b) Supervise and maintain a school attendance service to carry out the provisions of article 3 of chapter 38 of this title, Compulsory Education;

     (c) Maintain a register and classification of [mentally retarded] children with intellectual disabilities and [handicapped] children with handicaps pursuant to the provisions of chapter 46 of this title;

     (d) Supervise the issuance of employment certificates, age certificates and special permits pursuant to the provisions of chapter 153 of the Laws of 1940, the law limiting and regulating child labor;

     (e) Establish and maintain group and individual child guidance and counseling programs;

     (f) Establish and operate speech and remedial reading clinics and such other clinics as will promote the normal educational development of the children of the district;

     (g) Arrange with the respective county and municipal authorities concerned with proper juvenile development and particularly with those concerned with  juvenile delinquency for mutual cooperation and assistance including service of  the children's bureau as a receiving center for juvenile delinquents;

     (h) Carry out, under guidance, the recommendations of mental health and diagnostic centers and clinics and of family psychiatrists and physicians;

     (i) Counsel with parent and child;

     (j) Cooperate in providing long- or short-term supervision of any child in connection with any of the services authorized by this section;

     (k) Assist in the promotion of the normal development of youth and their proper adjustment in society.

(cf:  N.J.S.18A:43A-5)

 

     13.  N.J.S.18A:46-1 is amended to read as follows:

     18A:46-1.  As used in this chapter a handicapped child shall mean and include any child who [is mentally retarded,] has an intellectual disability or who is visually handicapped, auditorily handicapped, communication handicapped, neurologically or perceptually impaired, orthopedically handicapped, chronically ill, emotionally disturbed, socially maladjusted, multiply handicapped, autistic, or pre-school handicapped. 

(cf: 1990, c.52, s.55)

 

     14.  N.J.S.18A:46-2 is amended to read as follows:

     18A:46-2.  The commissioner shall be responsible for the coordination of the work of the county departments of child study and the general administration of special educational services in the public schools of this State. 

     In order to carry out the provisions of this chapter, he shall appoint to his staff persons qualified to administer educational services in the general field of education for handicapped children including each of the following disability groups:  (1) [mentally retarded] intellectually disabled, (2) orthopedically handicapped, (3) communication handicapped, (4) visually handicapped, (5) neurologically or perceptually impaired, (6) chronically ill, (7) emotionally disturbed, (8) socially maladjusted, (9) [the] auditorily handicapped, (10) autistic and (11) [the] pre-school handicapped, and a consultant experienced in child psychiatry, and specialists in school psychology, health service, school social work, learning disabilities and special education and such other qualified personnel as he shall deem necessary and he shall fix their compensation with the approval of the State board. 

     The commissioner shall appoint biannually an advisory council with the approval of the State board which will consist of not less than seven nor more than 15 members representative of public and private professional and lay interests.  The advisory council shall advise in the promulgation of rules, regulations and the implementation of this chapter and the establishment of standards and qualifications for the professional personnel.  The council shall serve without remuneration. 

(cf: P.L. 1990, c.52, s.56)

 

     15.  N.J.S.18A:46-8 is amended to read as follows:

     18A:46-8.  Each board of education shall provide for the examination and classification of each child residing in the district and identified pursuant to N.J.S.18A:46-6, except that the board of education of a county vocational school district shall provide for the examination and classification of each child who is attending the county vocational school on a full-time basis and is identified pursuant to N.J.S.18A:46-6.  Such examination and classification shall be accomplished according to procedures prescribed by the commissioner and approved by the State board, under one of the following categories: [mentally retarded] intellectually disabled, visually handicapped, auditorily handicapped, communication handicapped, neurologically or perceptually impaired, orthopedically handicapped, chronically ill, emotionally disturbed, socially maladjusted, autistic, multiply handicapped or pre-school handicapped.  The examination and classification of such nonpublic school children shall be in a location determined by the local board of education of the district in which the nonpublic school is located and approved by the commissioner pursuant to rules and regulations promulgated by the State board. 

     The classification of communication handicapped shall be made by the basic child study team and an approved speech correctionist or speech pathologist, without child study consultation.  Such children shall be reported to the basic child study team. 

     The proposed classification shall be reported to the parent or guardian of the child and an opportunity provided, prior to implementation of the classification, for consultation by such parent or guardian with the appropriate special educational services personnel of the district. Pursuant to rules of the State board, the parent or guardian shall also be provided an opportunity for further review of the classification in the Department of Education. 

(cf: P.L.1990, c.52, s.57)

 

     16.  N.J.S.18A:46-9 is amended to read as follows:

     18A:46-9.  Each child classified pursuant to [section] N.J.S. 18A:46-8 as [mentally retarded] having an intellectual disability shall be similarly further identified, examined and classified into one of the following subcategories:

     a.     Educable [mentally retarded children,] children with intellectual disabilities who [are those who] may be expected to succeed with a minimum of supervision in homes and schools and community life and are characterized particularly by reasonable expectation that at maturity they will be capable of vocational and social independence in competitive environment;

     b.    Trainable [mentally retarded children,] children with intellectual disabilities who are so [retarded] intellectually disabled that they cannot be classified as educable but are, notwithstanding, potentially capable of self-help, of communicating satisfactorily, or participating in groups, of directing their behavior so as not to be dangerous to themselves or others and of achieving with training some degree of personal independence and social and economic usefulness within sheltered environments;

     c.     Children eligible for day training, who are [those so severely mentally retarded as to be] incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and who cannot in some manner express basic wants and needs.

(cf: P.L.1975, c. 212, s. 39)

 

     17.  R.S.19:4-1 is amended to read as follows:

     19:4-1.  Except as provided in [sections] R.S. 19:4-2 and R.S. 19:4-3 [of this Title], every person  possessing the qualifications required by Article II, paragraph 3, of the  Constitution of the State of New Jersey and having none of the disqualifications hereinafter stated and being duly registered as required by [this] Title 19, shall have the right of suffrage and shall be entitled to vote in the polling place assigned to the election district in which he actually resides, and not elsewhere.

     No person shall have the right of suffrage--

     (1) Who [is an idiot or is insane] has been adjudicated by a court of competent jurisdiction to lack the capacity to understand the act of voting; or

     (2) (Deleted by amendment.)

     (3) (Deleted by amendment.)

     (4) (Deleted by amendment.)

     (5) (Deleted by amendment.)

     (6) Who has been convicted of a violation of any of the provisions of this Title, for which criminal penalties were imposed, if such person was deprived of such right as part of the punishment therefor according to law unless pardoned or restored by law to the right of suffrage; or

     (7) Who shall be convicted of the violation of any of the provisions of this  Title, for which criminal penalties are imposed, if such person shall be deprived of such right as part of the punishment therefor according to law, unless pardoned or restored by law to the right of suffrage; or

     (8) Who is serving a sentence or is on parole or probation as the result of  a conviction of any indictable offense under the laws of this or another state  or of the United States.

     A person who will have on the day of the next general election the qualifications to entitle him to vote shall have the right to be registered for  and vote at such general election and register for and vote at any election, intervening between such date of registration and such general election, if he shall be a citizen of the United States and shall meet the age and residence requirements prescribed by the Constitution of this State and the laws of the  United States, when such intervening election is held, as though such qualifications were met before registration.

(cf: P.L.1971, c. 280, s. 1)

 

     18.  Section 15 of P.L.1971, c. 136 (C.26:2H-15) is amended to read as follows:

     15.  Whenever a residential health care facility, boarding house or rooming house, not licensed hereunder, by public or private advertising or by other means holds out to the public that it is equipped to provide postoperative or convalescent care for persons [mentally ill or mentally retarded] with mental illness or intellectual disabilities or who are suffering or recovering from illness or injury, or who are chronically ill, or whenever there is reason to believe that any such facility or institution, not licensed hereunder, is violating any of the provisions of this act, then, and in such case, the department shall be permitted reasonable inspection of such premises for the purpose of ascertaining whether there is any violation of the provisions hereof.  If any such residential health care facility, boarding house or rooming house, shall operate as a private mental hospital, convalescent home, private nursing home or private hospital in violation of the  provisions of this act, then the same shall be liable to the penalties which  are prescribed and capable of being assessed against health care facilities  pursuant to this act.

     Any person, firm, association, partnership or corporation, not licensed hereunder, but who holds out to the public by advertising or other means that the medical and nursing care contemplated by this act will be furnished to persons seeking admission as patients, shall cease and desist from such practice and shall be liable to a penalty of $100.00 for the first offense and $500.00 for each subsequent offense, such penalty to be recovered as provided for herein.

(cf: P.L.1979, c.496, s.21)

 

     19.  R.S. 30:1-12 is amended to read as follows:

     30:1-12.  a.  The Legislature finds that the Commissioner of Human Services is obligated by State and federal law to assure that programs that serve eligible, low-income, handicapped, elderly, abused, and disabled persons are provided in an accessible, efficient, cost-effective and high quality manner.  In order to meet these ends, the commissioner must have sufficient authority to require institutions and agencies that are under his direct or indirect supervision to meet State and federal mandates.  This authority is especially necessary given the manner in which certain services are provided by county or local agencies, but are funded in whole or part by the State. The Legislature finds that the commissioner must have the authority to establish rules, regulations and directives, including incentives and sanctions, to assure that these institutions and agencies are providing services in a manner consistent with these mandates. 

     b.    The commissioner shall have power to determine all matters relating to the unified and continuous development of the institutions and noninstitutional agencies within his jurisdiction. He shall determine all matters of policy and shall have power to regulate the administration of the institutions or noninstitutional agencies within his jurisdiction, correct and adjust the same so that each shall function as an integral part of a general system. The rules, regulations, orders and directions issued by the commissioner pursuant thereto, for this purpose shall be accepted and enforced by the executive having charge of any institution or group of institutions or noninstitutional agencies or any phase of the work within the jurisdiction of the department.  

     In order to implement the public policy of this State concerning the provision of charitable, hospital, relief and training institutions established for diagnosis, care, treatment, training, rehabilitation and welfare of persons in need thereof, for research and for training of personnel, and in order that the personnel, buildings, land, and other facilities provided be most effectively used to these ends and to advance the public interest, the commissioner is hereby empowered to classify and designate from time to time the specific functions to be performed at and by any of the aforesaid institutions under his jurisdiction and to designate, by general classification of disease or disability, age or sex, the classes of persons who may be admitted to, or served by, these institutions or agencies.

     In addition to and in conjunction with its general facilities and services for [the mentally ill, mentally retarded and tuberculous] persons with mental illness, developmental disabilities, or tuberculosis, the department may at its discretion establish and maintain specialized facilities and services for the residential care, treatment and rehabilitation of persons who are suffering from chronic mental or neurological disorders, including, but not limited to alcoholism, drug addiction, epilepsy and cerebral palsy. 

     The commissioner shall have the power to regulate the administration of agencies under his supervision including, but not limited to, municipal and county agencies that administer public assistance.  The commissioner may issue rules, regulations, orders and directions to assure that programs administered by the agencies are financially and programmatically efficient and effective, and to establish incentives and impose sanctions to assure the appropriate operation of programs and compliance with State and federal laws and regulations. 

     In addition, the commissioner shall have the authority to:

     (1) review and approve county and municipal budgets for public assistance; and 

     (2) take appropriate interim action, including withholding State and federal administrative funds, or take over and operate county or municipal public assistance operations in situations in which the commissioner determines that the public assistance agency is failing to substantially follow federal or State law, thereby placing clients, who are dependent on public assistance benefits to survive in a humane and healthy manner, at serious risk.  In this situation, the commissioner shall have the authority to bill the county for the cost of such operations and for necessary changes to assure that services are provided to accomplish federal and State mandates in an effective and efficient manner. 

     No rule, regulation, order or direction shall abridge the authority of a county or municipality to establish wages and terms and conditions of employment for its employees through collective negotiation with an authorized employee organization pursuant to P.L.1984, c.14 (C.44:7-6.1 et seq.). 

     The commissioner shall have the power to promulgate regulations to assure that services in State and county psychiatric facilities are provided in an efficient and accessible manner and are of the highest quality.  Regulations shall include, but shall not be limited to, the transfer of patients between facilities; the maintenance of quality in order to obtain certification by the United States Department of Health and Human Services; the review of the facility's budget; and the establishment of sanctions to assure the appropriate operation of facilities in compliance with State and federal laws and regulations. 

     The commissioner shall have the power to promulgate regulations to assure that county adjusters effectively and efficiently conduct investigations, notify legally responsible persons of amounts to be assessed against them, petition the courts, represent patients in psychiatric facilities, and as necessary reopen the question of payment for maintenance of persons residing in psychiatric facilities.  Regulations may include minimum standards for determining payment of care by legally responsible persons; a uniform reporting system of findings, conclusions and recommendations; and the establishment of sanctions to assure compliance with State laws and regulations. 

     c.     The commissioner shall have the power to conduct an investigation into the financial ability to pay, directly or indirectly, of any person receiving services from the department, or his chargeable relatives.  This authority shall include the power to issue subpoenas to compel testimony and the production of documents.  The commissioner may contract with a public or private entity to perform the functions set forth in this subsection, subject to terms and conditions required by the commissioner. 

(cf: P.L.1997, c.37, s.11)

 

     20.  R.S.30:1-15 is amended to read as follows:

     30:1-15.  The commissioner and the State board shall have the power of visitation and inspection of all county and city jails or places of detention, county or city workhouses, county penitentiaries, county mental hospitals, poor farms, almshouses, county and municipal schools of detention, and privately maintained institutions and noninstitutional agencies for the care and treatment of [the mentally ill, the blind, the deaf, the mentally retarded] persons with mental illness or developmental disabilities and persons who are blind or deaf, or other institutions, and noninstitutional agencies conducted for the benefit of [the physically and mentally defective] persons who are physically or mentally defective, or the furnishing of board, lodging or care for children.  The commissioner or his duly authorized agent, and any member of the State board shall be admitted to any and all parts of any such institutions  at any time, for the purpose of inspecting and observing the physical condition thereof, the methods of management and operation thereof, the physical condition of the inmates, the care, treatment and discipline thereof, and also to determine whether such persons so admitted or committed are properly and adequately boarded, lodged, treated, cared for and maintained.  The commissioner and the State board may make such report with reference to the result of such observation and inspection and recommendation with reference thereto, as they may determine.

(cf: P.L.1977, c.63, s.11)

 

     21.  Section 3 of P.L.1965, c.59 (C.30:1-15.1) is amended to read as follows:

     3.    Inspection and approval of all residential facilities within the State providing diagnosis, care or treatment of [the mentally ill or the mentally retarded] persons with mental illness or developmental disabilities shall be a responsibility of the department.  The commissioner shall have the duty and is hereby authorized to set standards, and through his agents, including professionally qualified persons, to visit and inspect as often as is necessary, but at least once a year, all residential facilities which provide diagnosis, care or treatment of [the mentally ill or the mentally retarded] persons with mental illness or developmental disabilities, whether State, county, municipal, public or private, in order to determine the conditions under which such persons are lodged, cared for, maintained or treated, and in order to assure that adequate standards of care and treatment are maintained, that civil liberties of individuals receiving care are preserved and that the public may be informed of the adequacy of these  facilities.

     The State board and the commissioner, or their agents, shall have the right of admission to all parts of any building or buildings in which [mentally ill or mentally retarded] persons with mental illness or developmental disabilities are lodged, cared for or treated, as often as may be necessary.  The extent and results of such visitation and inspection shall be included in the annual or any special report of the commissioner or the State board with such recommendations as they may deem necessary.  Such report shall be available to the public.

(cf: P.L.1971, c.384, s.22)

 

     22.  Section 4 of P.L.1965, c.59 (C.30:1-15.2) is amended to read as follows:

     4.    The premises, books, records and accounts of any facility or organization to which payments are made from the treasury of the State, directly or indirectly, for or on account of the diagnosis, care, treatment, rehabilitation, or maintenance of [any mentally ill or mentally retarded] persons with mental illness or developmental disabilities shall be open to the inspection of the commissioner or his agents; such books, records and  accounts shall be available for inspection and audit by the State Auditor or any of his agents insofar as they relate to the receipt and expenditure of State moneys, in order to determine whether the amount so paid by the State is a proper charge, which question the commissioner shall determine.

     In order to encourage the continual improvement of standards of care, the commissioner shall make available, within the limits of appropriations therefor, professional consultative services to those facilities in the State which minister to [the mentally ill and the mentally retarded] persons with mental illness or developmental disabilities.

(cf: P.L.1971, c.384, s.23)

 

     23.  Section 1 of P.L.1987, c.5 (C.30:1AA-10) is amended to read as follows:

     1.    The Legislature finds and declares that:  approximately 2% of the residents of this State [are developmentally disabled] have developmental disabilities and more than 50,000 of these persons are developmentally disabled school age children; 30,000 to 40,000 residents [suffer from mental retardation] have intellectual disabilities severe enough to require lifelong supervision or care; several times more [are mildly retarded] have less severe intellectual disabilities and can live independent or semi-independent lives; pregnancy during adolescence increases the incidence of [mental retardation and] developmental disabilities because of the heightened risk of premature birth, low birthweight, birth complications and birth defects; in 1984 in New Jersey, there were 6,682 births to women ages 18 years and under; about one out of 10 women in New Jersey becomes pregnant during her teenage years; and there is a 40% chance that a child of a teenager will be permanently impaired.

     The Legislature further finds and declares that: the causes of many cases of developmental disabilities, such as inadequate prenatal care, maternal diseases, environmental contaminants, alcohol and drug ingestion, poor nutrition, lead poisoning, childhood diseases, child abuse and neglect, and accidents, are preventable; and it is in the best interests of the citizens of the State of New Jersey to establish a permanent office in the State Department of Human Services to combat the causes of [mental retardation and] developmental disabilities.

(cf: P.L.1987, c.5, s.1)


     24.  Section 2 of P.L.1987, c.5 (C.30:1AA-11) is amended to read as follows:

     2.    There is established in the Department of Human Services the Office for Prevention of [Mental Retardation and] Developmental Disabilities, hereinafter referred to as the "office."

(cf: P.L.1987, c.5, s.2)

 

     25.  Section 3 of P.L.1987, c.5 (C.30:1AA-12) is amended to read as follows:

     3.    The administrator and chief executive officer of the office shall be the director, who shall be a person qualified by training and experience to perform the duties of the office.  Subsequent to consultation with the Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities, the Commissioner of Human Services shall appoint the director, who shall serve at the pleasure of the commissioner during the commissioner's term of office and until the appointment and qualification of the director's successor.  The director shall devote his entire time to the duties of his position and shall receive a salary commensurate with the responsibilities of the office. The director shall serve in the State unclassified service of the Civil Service.

     The director may appoint, retain or employ officers, experts or consultants on a contract basis or otherwise, which he deems necessary, and employ investigators or other professionally qualified personnel who shall be in the noncompetitive division of the career service of the Civil Service.

(cf: P.L.2000, c.82, s.1)

 

     26.  Section 5 of P.L.1987, c.5 (C.30:1AA-14) is amended to read as follows:

     5.    The responsibilities of the office shall include, but are not limited to:

     a.     Developing a long-range comprehensive plan for the prevention of [mental retardation and] developmental disabilities in accordance with the priorities established by the Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities;

     b.    Encouraging cooperative programs of research among State governmental departments and agencies, universities and private agencies;

     c.     Developing public information campaigns about the causes of developmental disabilities and the means for preventing developmental disabilities;

     d.    Coordinating public education programs about the causes and prevention of developmental disabilities and determining professional in-service training needs in these areas;

     e.     Stimulating expanded and new services for the prevention of developmental disabilities; and

     f.     Making recommendations to the Commissioner of Human Services regarding any needed executive or legislative action.

(cf: P.L.2000, c.82, s.2)

 

     27.  Section 6 of P.L.1987, c.5 (C.30:1AA-15) is amended to read as follows:

     6.    a.  The Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities, originally created by Executive Order No. 72 (signed May 24, 1984), shall serve as an advisory council to the Commissioner of Human Services and to the Office for Prevention of [Mental Retardation and] Developmental Disabilities.

     The State Departments of Human Services, Education, Health and Senior Services, Environmental Protection and Community Affairs are authorized and directed, to the extent consistent with the law, to cooperate with the Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities and to furnish it with resources necessary to carry out its purposes under this act.

     The Governor shall appoint 25 public members to the Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities to serve three-year terms, except that, of the members first appointed, nine shall be appointed to serve for three years, eight shall be appointed to serve for two years, and eight shall be appointed to serve for one year. At least one of the public members appointed to the Governor's council shall be an advocate for [the mentally retarded and developmentally disabled] persons with developmental disabilities.

     b.    The Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities shall establish from its members the Executive Committee of the Governor's Council on the Prevention of Prevention of [Mental Retardation and] Developmental Disabilities. This committee shall have full power to act in lieu of the full council.  The executive committee shall consist of 12 members, all of whom are members of the Governor's council.  The Commissioners of the Departments of Health and Senior Services, Human Services, Education, Community Affairs and Environmental Protection shall serve as ex officio members.  The Secretary of State and the Chairperson of the Governor's council shall serve as nonvoting, ex officio members of the executive committee.  The Governor's council shall elect from its membership the remaining five members of the executive committee.  These persons, as members of the Governor's council, shall be selected for their knowledge, competence, experience or interest in connection with the prevention of [mental retardation and other] developmental disabilities.  Members of the executive committee may, from time to time, designate other individuals as their representatives.

     The executive committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. The Governor's council shall elect an executive committee chairperson from among the five voting cabinet members of the executive committee.  The executive committee may select from among its members a vice-chairperson and other officers or subcommittees which are deemed necessary or appropriate. 

(cf: P.L. 2000, c.82, s.3)

 

     28.  Section 7 of P.L.1987, c.5 (C.30:1AA-16) is amended to read as follows:

     7.    The Commissioner of Human Services and the executive committee of the Governor's Council on the Prevention of [Mental Retardation and] Developmental Disabilities established pursuant to section 6 of this act shall report annually to the Governor and the Legislature concerning the status of prevention programs in the State.

(cf: P.L.2000, c.82, s.4)

 

     29.  R.S.30:4-6 is amended to read as follows:

     R.S.30:4-6.  The principal keeper of the State prison and the chief executive officer of  each of the other correctional institutions shall receive from the hands of the  sheriff or other proper officer every person sentenced to imprisonment in his institution and safely keep him therein according to law and the rules and regulations of the institution until lawfully discharged therefrom.

     The chief executive officer of each institution for [the mentally retarded or mentally ill] persons with developmental disabilities or mental illness, and of each correctional institution shall have the custody and  control of every person admitted to his institution until properly discharged.

(cf: P.L.1965, c.59, s.6)

 

     30.  R.S.30:4-24 is amended to read as follows:

     30:4-24.  The provisions of Title 30 of the Revised Statutes shall govern the admission and commitment of [the mentally ill, tuberculous] persons with mental illness, tuberculosis, and [mentally retarded] developmental disabilities to the several institutions designated therefor and govern and control all phases of the relationship between such patients and such institutions including payments, maintenance, custody, treatment, parole and discharge as though each provision of Title 30 of the Revised Statutes has been specifically enacted, unless otherwise specified in law, with relation to each institution, its board of managers and officials, and to all other officials, boards and authorities. 

     Title 30 of the Revised Statutes is to be administered in accordance with the general principles laid down in this section, which are declared to be the public policy of this State that: 

     (1) adequate residential and nonresidential facilities be provided for the prompt and effective diagnosis, care, treatment, training and rehabilitation of individuals suffering from diseases and dysfunctions of the brain, mind and nervous system, including the various forms of mental illness and [mental retardation] developmental disability

     (2) such facilities be closely integrated with other community health, welfare and social resources; 

     (3) the human dignity and the moral and constitutional rights of such individuals be upheld and protected by appropriate statutes; 

     (4) family and community ties and mutual responsibilities be reinforced;

     (5) inasmuch as such mental disorders may in some cases substantially impair the individual's ability to guide his actions in his own best interests or with due regard for the rights of others, provision be made for the due process of law by which such an individual may be placed under protection, treatment or restraint in his own or the public interest; 

     (6) the primary responsibility for the costs of services provided to an individual rests with him and his responsible relatives; 

     (7) it is in the public interest that facilities be available to all persons without limitation because of economic circumstances, and that extraordinary hardships to any individual or his relatives which may result from severe or prolonged disability be mitigated; 

     (8) means and facilities be provided by the State for scientific studies directed toward expanding knowledge of the causes, prevention, control, management and cure of diseases and dysfunctions of the brain, mind and nervous system; and 

     (9) as an intrinsic part of the program established by the State, provision be made for the instruction of professional and nonprofessional personnel in the skills required for the proper diagnosis, care, training, treatment and rehabilitation of persons suffering from disorders of the brain, mind and nervous system, and for the pursuit of relevant research. 

(cf: P.L.1995, c.155, s.2)

 

     31.  Section 1 of P.L.1983, c.223 (C.30:4-24.4) is amended to read as follows:

     1.    The Commissioner of [the Department of] Human Services shall require employees in the Division of [Mental Retardation] Developmental Disabilities to make written reports accounting for  all expenditures which they may make of moneys of [mentally retarded] persons with developmental disabilities who receive functional services from the division pursuant to sections 16 and 18 of  P.L.1965, c.59 (C. 30:4-25.4 and 30:4-25.6).

(cf: P.L.1983, c.223, s.1)

 

     32.  Section 13 of P.L.1965, c.59 (C.30:4-25.1) is amended to read as follows: 

     13.  a.  For the purpose of Title 30 of the Revised Statutes:

     [(1) "Eligible mentally retarded person" or "eligible developmentally disabled person"] “Eligible person with a developmental disability” means a person who has been declared eligible for admission to functional services of the Division of Developmental Disabilities and who complies with the provisions of section 5 of P.L.1995, c.155 (C.30:4-25.9). 

     [(2)] "Evaluation services" means those services and procedures in the Division of Developmental Disabilities by which eligibility for functional services for [the mentally retarded] persons with developmental disabilities is determined and those services provided by the Division of Developmental Disabilities for the purpose of advising the court concerning the need for guardianship of individuals over the age of 18 who appear to be mentally deficient. 

     [(3)] "Functional services" means those services and programs in the Division of Developmental Disabilities available to provide [the mentally retarded] persons with developmental disabilities with education, training, rehabilitation, adjustment, treatment, care and protection.

     “Intellectual disability means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which are manifested during the development period.  “Intellectual disability” and “intellectually disabled” shall have the same meaning as the terms “mental retardation” and “mentally retarded.”  For the purposes of Title 30 of the Revised Statutes, the term "developmentally disabled" may be used interchangeably with intellectual disability to refer to persons who receive services from the Division of Developmental Disabilities. 

     [(4)] "Mental deficiency" or "mentally deficient" means that state of [mental retardation] intellectual disability in which the reduction of social competence is so marked that persistent social dependency requiring guardianship of the person shall have been demonstrated or be anticipated.

     [(5) "Mental retardation" or "mentally retarded" means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which are manifested during the development period.  For the purposes of Title 30 of the Revised Statutes, the term "developmentally disabled" may be used interchangeably with mental retardation to refer to persons who receive services from the Division of Developmental Disabilities. 

     (6)] "Residential services" or "residential functional services" means observation, examination, care, training, treatment, rehabilitation and related services, including community care, provided by the Division of Developmental Disabilities to patients who have been admitted or transferred to, but not discharged from any residential functional service for [the mentally retarded] persons with developmental disabilities

     [(7)] "Income" means, but is not limited to, wages, benefits, interest earned, pensions, annuity payments and support from a third party pursuant to statute, rule or order or by contract. 

     [(8)] "Assets" or "resources" means, but is not limited to, cash, trusts, bank accounts, certificates of deposit, stocks, bonds and savings bonds. 

     b.    Application for admission of an eligible [mentally retarded] person with a developmental disability to functional services of the Division of Developmental Disabilities may be made under any of the following classes: 

     Class F. Application to the commissioner by the parent, guardian or person or agency having care and custody of the person of a minor or by the guardian of the person of a mentally deficient adult; 

     Class G. Application to the commissioner by a [mentally retarded] person over 18 years of age who has a developmental disability on his own behalf; 

     Class H. Application to the commissioner by a Superior Court, Chancery Division, Family Part having jurisdiction over an eligible [mentally retarded] minor with a developmental disability

     Class I. Application to the commissioner with an order of commitment to the custody of the commissioner issued by a court of competent jurisdiction during or following criminal process involving the eligible mentally deficient person. 

     Application shall be made on such forms and accompanied by such relevant information as may be specified from time to time by the commissioner. 

(cf: P.L.1995, c.155, s.4) 

 

     33.  Section 14 of P.L.1965, c.59 (C.30:4-25.2) is amended to read as follows:

     14.  Application for determination of eligibility for functional services for a person under the age of 21 years who is believed to [be mentally retarded] have a developmental disability may be made to the commissioner by: 

     1.    his parent or guardian;

     2.    a child-caring agency, hospital, clinic, or other appropriate agency, public or private, or by a physician having care of the minor, provided the written consent of the parent or guardian or the Division of Youth and Family Services, under its care and custody program, has been obtained; or 

     3.    a Superior Court, Chancery Division, Family Part having jurisdiction over the minor. 

     Application for determination of eligibility for any person over 18 years of age for functional services may be made by: 

     a.     [a mentally retarded individual] a person with a developmental disability over 18 years of age on his own behalf;

     b.    the guardian of the person of an adjudicated mentally incompetent adult; or 

     c.     any court of competent jurisdiction in which the issue of mental deficiency may have arisen and which finds that it is in the interest of the alleged mentally deficient person to determine such eligibility. 

(cf: P.L.1991, c.91, s.312) 

 

     34.  Section 15 of P.L.1965, c.59 (C.30:4-25.3) is amended to read as follows:

     15.  Promptly on receipt of the application for determination of eligibility for admission to functional services of the Division of Developmental Disabilities, the commissioner shall determine the state of [mental retardation] developmental disability and need for functional services. Such determination shall be made under rules promulgated by the commissioner.  Any [mentally retarded] person with a developmental disability who makes such application or on whose behalf application is made and who is found to require functional services of the Division of Developmental Disabilities shall be declared eligible subject to the person's and his legally chargeable relatives' compliance with the provisions of section 5 of P.L.1995, c.155 (C.30:4-25.9). 

(cf: P.L.1995, c.155, s.6) 

 

     35.  Section 16 of P.L.1965, c.59 (C.30:4-25.4) is amended to read as follows:

     16.  The commissioner or his designated agent shall, immediately upon determination of the [state of mental retardation of the individual] person’s developmental disability, as provided herein, report his findings to the applicant, and in the event that the [mentally retarded] person who makes such application or on whose behalf the application has been made is found eligible, the commissioner or his designated agent shall issue to the applicant a statement of eligibility for the functional services of the Division of Developmental Disabilities. The statement of eligibility shall advise the applicant of the particular functional service deemed most appropriate for the training, habilitation, care and protection of the [mentally retarded individual] person as of the time of determination and shall further advise the applicant concerning the immediate availability of such services, or alternate services. 

     The statement of eligibility shall also advise the applicant of the requirements of section 5 of P.L.1995, c.155 (C.30:4-25.9), R.S.30:4-66 and R.S.30:4-74. 

(cf: P.L.1995, c.155, s.7) 

 

     36.  Section 17 of P.L.1965, c.59 (C.30:4-25.5) is amended to read as follows:

     17.  Whenever an eligible [mentally retarded] minor with a developmental disability is found to be neglected or delinquent under any of the statutes of this State pertaining to juvenile delinquency or to abandonment, abuse, cruelty, or neglect of children, the Superior Court, Chancery Division, Family Part having jurisdiction may accompany its application under Class H for admission of the [mentally retarded] minor to functional services of the department with an order placing the aforesaid minor under the care and custody of the commissioner. 

(cf: P.L.1991, c.91, s.313)

 

     37.  Section 18 of P.L.1965, c.59 (C.30:4-25.6) is amended to read as follows:

     18.  The commissioner shall, upon proper application for admission, forthwith admit the eligible [mentally retarded] person with a developmental disability, and provide him with appropriate functional service to the extent available.  In the event that the functional service which has been specified as most appropriate from time to time is not immediately available, the commissioner shall provide alternate service and, at the request of the applicant, shall also place the eligible [mentally retarded] person on a waiting list for the preferred service pending its availability.

(cf: P.L.1965, c.59, s.18)

 

     38.  Section 19 of P.L.1965, c.59 (C30:4-25.7) is amended to read as follows:

     19.  The commissioner shall make all reasonable and necessary provisions to ensure the health, safety, welfare and earliest appropriate release of persons admitted to residential services for [the mentally retarded] persons with developmental disabilities.  He shall provide further for educational, medical, dietetic, and social needs of any such person in accordance with such person's individual requirements, as determined by  competent professional personnel.

(cf: P.L.1965, c.59, s.19)

 

     39.  Section 20 of P.L.1965, c.59 (C.30:4-25.8) is amended to read as follows:

     20.  The commissioner or his designated agent shall make diligent efforts to maintain contact with the parent or guardian of each [mentally retarded individual] person with a developmental disability who is receiving functional services and, in the case of those receiving residential services, to advise the parent or guardian promptly of any significant changes in the condition of the [individual] person.  He shall make all reasonable efforts to consult with the parent or guardian concerning recommended changes in the program, care, training, rehabilitation or treatment  being rendered to any [mentally retarded individual] person with a developmental disability by the department, and to  secure the prior consent of the parent or guardian to such changes;  provided, however, that, in the absence of an expressed prohibition of such action by the parent or guardian, the commissioner or his designated agent shall be free from liability for the consequences of any prudent action taken by them in the interest of the immediate health or safety of the [mentally retarded individual] person when an emergency affecting such [individual] person may arise.

(cf: P.L.1965, c.59, s.20)

 

     40.  Section 5 of P.L.1995, c.155 (C.30:4-25.9) is amended to read as follows:

     5.    a.  An applicant for functional services from the Division of Developmental Disabilities, any person acting on his behalf pursuant to section 14 of P.L.1965, c.59 (C.30:4-25.2), or the applicant's chargeable relatives, as appropriate, shall agree, if the applicant is determined eligible for functional services pursuant to section 15 of P.L.1965, c.59 (C.30:4-25.3), to comply with the following conditions of eligibility and continued functional services participation: 

     (1) The applicant for residential services or other person listed in this subsection shall assign to the Commissioner of Human Services any rights of the applicant to support or payment from a third party under any law, regulation, court order or administrative order unless specifically prohibited by federal law or regulation; 

     (2) The applicant or other person listed in this subsection shall apply for and maintain all current and future benefits for which the applicant may be eligible, including, but not limited to, Medicare, Medicaid, any other State or federal benefits and any third party support pursuant to statute, rule, court order or contract; and 

     (3) The applicant or other person listed in this subsection shall make payments as required pursuant to R.S.30:4-60. 

     b.    The Division of Developmental Disabilities may terminate any services received by, or the placement of, the eligible [developmentally disabled] person with a developmental disability within 60 days if the conditions of eligibility set forth in this section are not complied with by the eligible [developmentally disabled] person with a developmental disability or other person listed in subsection a. of this section.  During any appeals process period, services to a [developmentally disabled] person with a developmental disability shall not be terminated.

     c.     Nothing in this section or Title 30 of the Revised Statutes shall be construed to deny functional services to any person who meets the eligibility conditions and criteria for functional services, but does not have the ability to pay the full per capita costs or payments required pursuant to R.S.30:4-60.

(cf: P.L.1995, c.155, s.5) 

 

     41.  Section 69 of P.L.1965, c.59 (C.30:4-83.1) is amended to read as follows:

     69.  Whenever [a mentally ill or mentally retarded individual] a person with mental illness or a developmental disability is transferred from one residential service to another by order of the commissioner, notice shall  be given by the commissioner in advance, where possible, but in any case in writing, to his spouse, if any, or to his guardian, or to his parents if he is  a minor, or to his nearest known relative or friend.

(cf:  P.L.1965, c. 59, s.69)

 

     42.  R.S.30:4-101 is amended to read as follows:

     30:4-101.  In a public institution maintained in whole or in part by the [state] State, or a county, municipality or subdivision thereof, married couples, inmates of the same institution, shall not be separated or maintained in separate quarters. This provision shall not apply to institutions for [the insane or feeble-minded] persons with mental illness or developmental disabilities, or to correctional institutions or to cases where the health or mental condition of the persons concerned warrants separation.

(cf:  R.S.30:4-101)

 

     43.  Section 75 of P.L.1965, c.59 (C.30:4-107.1) is amended to read as follows:

     75.  Whenever a [mentally retarded] minor with a developmental disability or adult who is mentally deficient [adult] is receiving functional services without court order, and is resident at a State school, or  private residential institution, or a resource family home, or similar accommodation by  arrangement of the commissioner, the commissioner shall cause such [mentally retarded] person to be released to the immediate custody of his parent or guardian of the person, as the case may be, on written application of said parent or guardian.  Release shall be effected as promptly as possible, provided, however, that 48 hours' notice may be required.  The department shall thereafter continue to provide such functional services as may be appropriate, unless functional services are terminated as hereinafter provided in this act.

(cf:  P.L.2004, c.130, s.45)

 

     44.  Section 77 of P.L.1965, c.59 (C.30:4-107.3) is amended to read as follows:

     77.  Discharge of individuals admitted to and continuing to receive functional services without an order of the court shall be effected under the following circumstances:

     (1) upon written application by the parent or guardian of the person of a minor or by the guardian of the person of an adult;

     (2) upon written application by the [mentally retarded] person with a developmental disability on his own behalf, after receiving services on his own application or request;

     (3) upon determination by the commissioner or his designated agent that functional services of the department are no longer required;

     (4) upon attainment of the age of 21 years in the absence of a valid request  for continuation of functional services;  or

     (5) upon determination by the commissioner that no condition of [mental retardation] developmental disability exists.

     Discharge of individuals under the circumstances described in class (1) and  (2) of this section shall be effected as promptly as practicable, under rules  promulgated by the State Board of Control.

(P.        L.1965, c.59, s. 77)

 

     45.  Section 84 of P.L.1965, c.59 (C.30:4-165.1) is amended to read as follows:

     84.  The department shall provide comprehensive evaluation, functional and guardianship services, as hereafter designated, in order that eligible [mentally retarded] persons with developmental disabilities may be provided with adequate training, care and protection.

     Evaluation services shall include:

     (1) primary evaluation services consisting of inpatient and outpatient facilities for the direct evaluation of medical, psychological, social, educational and related factors affecting the functioning of the individual and pertinent to his need for specialized care, training or treatment as a [mentally retarded] person with a developmental disability;  and

     (2) secondary evaluation services consisting of facilities for the appraisal  of such data available from other sources.

(cf:  P.L.1965, c.59, s.84)

 

     46.  Section 85 of P.L.1965, c.59 (C.30:4-165.2) is amended to read as follows:

     85.  Functional services for [the mentally retarded] persons with developmental disabilities shall include both residential and nonresidential services as follows:

     (1) Nonresidential functional services shall include but need not be limited to: evaluation, counseling of family or guardian, of employer, or of [retarded] a person with a developmental disability; consultative services to social, educational, or welfare and health  agencies and to the courts; day-care programs; and day training programs.

     (2) Residential functional services shall include but need not be limited to: evaluation study, treatment, education, training, rehabilitation, care and  protection provided in State schools and in other residential facilities operated by the department;  family care and sheltered life programs; interim placement in approved residential facilities other than State schools.  Such programs may be of short- or long-term duration as required.

(cf:  P.L.1979, c.207, s.17)

 

     47.  Section 87 of P.L.1965, c.59 (C.30:4-165.4) is amended to read as follows:

     87.  "Guardianship services" shall mean those services and programs provided by the Division of [Mental Retardation] Developmental Disabilities for the purpose of implementing its responsibility toward the individuals for whom it is performing the services of guardian of the person.

(cf:  P.L.1985, c.133, s.1)

 

     48.  Section 88 of P.L.1965, c.59 (C.30:4-165.5) is amended to read as follows:

     88.  Whenever a minor has been admitted to functional or other services provided by the Division of [Mental Retardation] Developmental Disabilities on application as provided herein and has not been discharged therefrom, the commissioner shall, not less than six months nor more than 18 months prior to the 18th birthday of said person, cause him to be examined to ascertain whether it appears that such person will need a guardian on attainment of his majority.

     If the commissioner anticipates that such person will need a guardian, the commissioner or his designated agent shall apply to the Superior Court in the same manner as provided in section 1 of P.L.1970, c. 289 (C. 30:4-165.7) for appointment of a guardian unless another application is pending.

     In the event that no guardian has been appointed for a person who commences receiving functional or other services after the effective date of this amendatory and supplementary act and who has attained age 18, and if the commissioner has ascertained that such person appears to need a guardian, then the commissioner shall apply to the Superior Court in the same manner as provided in section 1 of P.L.  1970, c. 289 (C. 30:4-165.7) for appointment of a guardian unless another application is pending.

     The commissioner shall also promptly advise in plain language any parent, spouse, relative, or other interested person of his findings and of the parent's or person's right to participate in the process of an adjudication and to be considered for appointment as a guardian.  The commissioner may offer to these persons assistance to facilitate their appointments as guardians unless he has reason to question their fitness to serve.

(cf:  P.L.1985, c.133, s.2)

 

     49.  Section 89 of P.L.1965, c.59 (C.30:4-165.6) is amended to read as follows:

     89.  Any [mentally retarded] person with a developmental disability under the age of 18 years who, on the effective date of this act, is receiving residential functional services under order of commitment of any court shall continue to receive residential care as if admitted under Class F of this act, unless within 30 days of the effective date of this act the commissioner shall apply to the Superior Court, Chancery Division, Family Part for an order of commitment to care and custody as provided herein. Persons over the age of 18 for whom a guardian of the person has been appointed and who are receiving residential functional services shall be considered to have been admitted under Class F of this act. Where no guardian has been appointed for a person who is over the age of 18 who is receiving residential functional services on the effective date of this act, the last prior order issued with respect to him shall continue in force and effect for one year following the effective date of this act, unless prior to that time either (1) the [mentally retarded] person with a developmental disability has been discharged or (2) a guardian of his person has been appointed, or (3) application has been made by a court of competent jurisdiction for his admission to care under Class I as provided herein. 

     Any order for payment of maintenance issued under prior provisions of Title 30 in effect on the effective date of this act shall remain in force and effect.

(cf:  P.L.1991, c.91, s.321)

 

     50.  Section 2 of P.L.1970, c.289 (C.30:4-165.8) is amended to read as follows:

     2.    The moving papers shall include a verified complaint, an affidavit from a practicing physician or a psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.), and an affidavit from the chief executive officer, medical director or other officer having administrative control over the program from which the individual is receiving functional or other services provided by the Division of [Mental Retardation] Developmental Disabilities.  The affidavits shall set forth with particularity the facts supporting the affiant's belief that the alleged incapacitated person suffers from a significant chronic functional impairment to such a degree that the person either lacks the cognitive capacity to make decisions for himself or to communicate, in any way, decisions to others.  For the purposes of this section, "significant chronic functional impairment" includes, but is not limited to, a lack of comprehension of concepts related to personal care, health care or medical treatment.

(cf:  P.L.1997, c.379, s.5)

 

     51.  R.S.30:6-16 is amended to read as follows:

     30:6-16.  An annual sum, the per capita amount of which for each pupil shall be fixed by the State House Commission, when appropriated by the Legislature, may be applied by the commission mentioned in [section] R.S. 30:6-1 [of this Title] for the instruction or placing for instruction in a suitable and convenient institution or elsewhere, [of] persons who are deaf [and dumb], partially blind or blind, [or mentally retarded or], developmentally disabled, or mentally deficient [persons or partially blind inhabitants] and who are residents of the State as the board may select.

     Whenever deemed necessary by the commission, blind babies and young children [too frail or backward to enter] with physical or intellectual disabilities whose needs cannot be met in other institutions for the blind shall be sent  to some convenient and suitable institution in the State where special hospital  care, instruction and support can be provided but the rate to be paid by the  State including clothing and necessary transportation shall not exceed the rate  fixed by the State House Commission.

     The rate to be paid for any blind child placed in an institution outside the  State, including clothing shall not exceed the per capita rate fixed by the  State House Commission.

(cf:  P.L.1965, c.59, s.90)

 

     52.  Section 3 of P.L.1977, c.82 (C.30:6D-3) is amended to read as follows:

     3.    As used in this act, unless a different meaning clearly appears from the context:

     a.     "Developmental disability" means a

     severe, chronic disability of a person which:

     (1) is attributable to a mental or physical impairment or combination of mental or physical impairments;

     (2) is manifest before age 22;

     (3) is likely to continue indefinitely;

     (4) results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and

     (5) reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to severe disabilities attributable to [mental retardation], an intellectual disability, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met;

     b. "Services" or "services for persons with developmental disabilities" means specialized services or special adaptations of generic services provided by any public or private agency, organization or institution and directed toward the alleviation of a developmental disability or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with such a disability; and such term includes diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, education, sheltered employment, recreation, counseling of the individual with such disability and of his family, protective and other social and socio-legal services, information and referral services, follow-along services, and transportation services necessary to assure delivery of services to persons with developmental disabilities; and

     c. "Facility" or "facility for persons with developmental disabilities" means a facility operated by any public or private agency, organization or institution for the provision of services for persons with developmental disabilities.

(cf:  P.L.1985, c.145, s.12)

 

     53.  Section 3 of P.L.1985, c.145 (C.30:6D-25) is amended to read as follows:

     3.    For the purposes of this act:

     a.     "Commissioner" means the Commissioner of [the State Department of] Human Services.

     b.    "Developmental disability" means a severe, chronic disability of a person which:  (1) is attributable to a mental or physical impairment or combination of mental or physical impairments; (2) is manifest before age 22; (3) is likely to continue indefinitely; (4) results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and (5) reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.  Developmental disability includes, but is not limited to, severe disabilities attributable to [mental retardation] an intellectual disability, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.

     c.     "Director" means the Director of the Division of Developmental Disabilities.

     d.    "Division" means the Division of Developmental Disabilities.

     e.     "Eligible [developmentally disabled] person with a developmental disability" means a person who is developmentally disabled pursuant to subsection b. of this section and who has been declared eligible for services provided by the division.

     f.     "Services for [developmentally disabled] persons with developmental disabilities" means specialized services or specialized adaptations of generic services provided by a public or private agency, organization or institution and directed toward the alleviation of a developmental disability or toward the social, personal, physical or economic habilitation or rehabilitation of a person with a developmental disability and includes care management, diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, education, vocational training, recreation, counseling of the person with the disability and his family, information and referral services and transportation services.

(cf:  P.L.1985, c.145, s.3)

 

     54.  Section 5 of P.L.1985, c.145  (C.30:6D-27) is amended to read as follows:

     5.    In addition to other functions, powers and duties vested in him by this act or any other law, the director shall:

     a.     Provide services for eligible [developmentally disabled] persons with developmental disabilities by identifying appropriate programs to meet their needs and by facilitating the establishment of community-based services for these persons; except that if the most appropriate services are not immediately available, the director may provide an eligible [developmentally disabled] person with a developmental disability with alternate services;

     b.    Establish procedures for the determination of eligibility for services pursuant to this act and ensure that statements of eligibility advise the applicant about the particular functional services deemed most appropriate for the training, habilitation, care and protection of that [developmentally disabled individual] person with a developmental disability as of the time of the determination;

     c.     Establish liaison and cooperative agreements with other governmental departments and agencies which provide programs and services to [the developmentally disabled] persons with developmental disabilities to prevent duplication of services and encourage a continuum of care that is required by persons with developmental disabilities;

     d.    Establish standards for services that are provided for persons with developmental disabilities, which include the scope and quality of these services and which give full recognition to the unique problems and special needs associated with developmental disabilities;

     e.     Advise, consult and provide professional assistance to organized efforts by organizations, groups, associations and committees which work toward improving services and opportunities for persons with developmental disabilities; and

     f.     Select and retain the services of consultants whose advice is considered necessary to assist the division in obtaining information or developing plans and programs required for the performance of its duties and responsibilities pursuant to this act.

(cf: P.L.1985, c.145, s.5)

 

     55.  Section 8 of P.L.1985, c.145 (C.30:6D-30) is amended to read as follows:

     8.    Notwithstanding any provisions of this act to the contrary, the eligibility of [mentally retarded] persons with intellectual disabilities for services of the division shall continue as provided in chapter 4 of Title 30 of the Revised Statutes.

(cf:  P.L.1985, c.145, s.8)

 

     56.  Section 2 of P.L.1998, c.40 (C.30:6D-44) is amended to read as follows:

     2.    The Legislature finds and declares that:

     a.     It is in the public interest to generate revenue to be used by the Division of Developmental Disabilities  in the Department of Human Services to reduce the number of disabled persons awaiting placement in a community residence or program; and

     b.    By establishing an appropriate assessment on intermediate care facilities for [the mentally retarded] persons with developmental disabilities, to the extent possible under federal law, additional funding will be available for more placements of disabled persons in community residences or programs.

(cf:  P.L.1998, c.40, s.2)

 

     57.  Section 3 of P.L.1998, c.40 (C.30:6D-45) is amended to read as follows:

     3.    As used in this act:

     "Commissioner" means the Commissioner of  Human Services.

     "Gross revenue" means all revenue received by an [ICF-MR] ICF-DD from patients or third parties, including, but not limited to, persons, Medicaid and other payers related to patient services.

     "Intermediate care facility for [the mentally retarded"] persons with developmental disabilities " or ["ICF-MR"] "ICF-DD" means any institution licensed by the Department of Health and Senior Services as an [ICF-MR] ICF-DD or operated by the Department of Human Services as a certified [ICF-MR] ICF-DD.

     "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

(cf;  P.L.1998, c.40, s.3)

 

     58.  Section 6 of P.L.1956, c.161 (C.30:11-10) is amended to read as follows:

     6.    The provisions of article 3 of chapter 4 of Title 30 of the Revised Statutes, except as concerning or pertaining to the investigation and determination of legal settlement and indigence of patients, shall apply to duly licensed private mental hospitals for the care and treatment of [the mentally ill, mentally deficient and mentally retarded] persons who are mentally ill, mentally deficient, and intellectually disabled and every license issued  hereunder shall be the licensee's authority to receive and hold a person duly admitted or committed pursuant to law.

(cf: P.L.1956, c.161, s.6)

 

     59.  Section 10 of P.L.1953, c.212 (C.30:11A-10) is amended to read as follows:

     10.  (a) Any person, firm, corporation, partnership, society or association who shall operate or conduct a residential health care facility without first obtaining the certificate of approval required by this act, or who shall operate such establishment after revocation or suspension of a certificate of approval, shall be liable to a penalty of $10.00 for each day of operation in violation hereof for the first offense and for any subsequent offense shall be liable to a penalty of $20.00 for each day of operation in violation hereof.

     The penalties authorized by this section shall be recovered in a summary proceeding, brought in the name of the State of New Jersey pursuant to the "penalty enforcement law"  (N.J.S. 2A:58-1 et seq.) .  Money penalties, when recovered, shall be payable to the General State Fund.

     The department may, in the manner provided by law, maintain an action in the name of the State of New Jersey for injunctive relief against any person, firm, corporation, partnership, society or association, continuing to conduct, manage or operate a residential health care facility without a certificate of  approval, or after suspension or revocation of such certificate.

     The practice and procedure in actions instituted under authority of this section shall conform to the practice and procedure in the court in which the action is instituted.

     No officer or agent of any municipal or county agency having responsibility for making payments of any form of public assistance under the provisions of  Title 44 of the Revised Statutes, shall make such payments to or on behalf of a  person residing in a residential health care facility as defined in this act, unless such establishment is, at the time of such payment, approved or  provisionally approved pursuant to this act.

     (b) No residential health care facility, licensed hereunder, shall by public or private advertisement or by any other means hold out to the public that it is equipped to provide post-operative or convalescent care for persons who are mentally ill or [mentally retarded] intellectually disabled or who are suffering or recovering from illness or injury or who are critically ill.  Any person, firm, association, partnership, society or corporation who violates the provisions of this subsection shall cease and desist from such practices and shall be liable to a penalty of $100.00 for the first and $200.00 for each subsequent offense, such penalties shall be recovered in the manner provided for in subsection (a) of this section.

     (c) No residential health care facility licensed hereunder, shall operate as a private mental hospital, convalescent home, private nursing home, or private hospital, unless it is licensed pursuant to chapter 11 of Title 30 of the Revised Statutes.  Whenever there is reason to believe that any such facility or institution is in violation of the provisions of this subsection, the department may conduct a reasonable inspection of the premises for the purpose of ascertaining whether there is any violation. Any facility or institution which violates the provisions of this subsection shall be liable to a penalty of $25.00 for each day of operation in violation of this subsection for the  first offense and to a penalty of $50.00 for each day of operation for any subsequent offense.  The Department of Health, with the approval of the Attorney General, is hereby authorized and empowered to compromise and settle claims for the monetary penalty in appropriate circumstances where it appears to the satisfaction of the department that payment of the full penalty will work severe hardship on any individual not having sufficient financial ability to pay the full penalty but in no case shall the penalty be compromised for a sum less than $250.00 for the first offense and $500.00 for any subsequent offense; provided, however, that any penalty of less than $250.00 or $500.00, as the case may be, may be compromised for a lesser sum. The penalties authorized by this subsection shall be recovered in the manner provided for in  subsection (a) of this section.

     (d) No owner, operator or employee of a residential health care facility shall serve notice upon a resident to leave the premises, or take any other action in retaliation for: (a) The efforts of the resident or a person acting on his behalf to secure or enforce any rights under a contract, the laws of this State or any of its subdivisions, or the laws of the United States; or (b) The good faith complaint of a resident or a person acting on his behalf to a governmental authority concerning the owner, operator or employee's alleged violation of this act or any health or safety law, regulation, code or ordinance, or other law or regulation which has as its objective the regulation  of residential health care facilities.

(cf: P.L.1979, c.496, s.32)

 

     60.  Section 2 of P.L.1977, c.448 (C.30:11B-2) is amended to read as follows:

     2.    "Community residence for the developmentally disabled" means any community residential facility housing up to 16 [developmentally disabled] persons with developmental disabilities, which provides food, shelter and personal guidance for [developmentally disabled] persons with developmental disabilities who require assistance, temporarily or permanently, in order to live independently in the community.  Such residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels. 

     "Community residence for the mentally ill" means any community residential facility which provides food, shelter and personal guidance, under such supervision as required, to not more than 15 [mentally ill] persons with mental illness who require assistance temporarily or permanently, in order to live independently in the community.  These residences shall be approved for a purchase of service contract or an affiliation agreement pursuant to procedures established by the Division of Mental Health Services in the Department of Human Services or the Division of Child Behavioral Health Services in the Department of Children and Families, as applicable. These residences shall not house persons who have been assigned to a State psychiatric hospital after having been found not guilty of a criminal offense by reason of insanity or unfit to be tried on a criminal charge.  These residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, family care homes and hostels. 

     "Community residence for persons with head injuries" means a community residential facility providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to:  group homes, halfway houses, supervised apartment living arrangements, and hostels.  Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.). 

     "Developmental disability" or "developmentally disabled" means a severe, chronic disability of a person which: a. is attributable to a mental or physical impairment or combination of mental or physical impairments; b. is manifest before age 22; c. is likely to continue indefinitely; d. results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and e. reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to, severe disabilities attributable to [mental retardation] an intellectual disability, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met. 

     "Mentally ill" or "mental illness" means any psychiatric disorder which has required an individual to receive either inpatient psychiatric care or outpatient psychiatric care on an extended basis. 

     "Person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of cognitive, behavioral, social or physical functioning which causes partial or total disability. 

(cf:  P.L.2006, c.47, s.177)

 

     61.  Section 1 of P.L.1993, c.43 (C.33:1-12a) is amended to read as follows:

     1.    A person who holds a Class C license, except a plenary retail transit license, or a club license shall ensure that a warning notice prepared by the Department of Health and Senior Services is posted prominently in any service area as well as on a wall, towel dispenser or other appropriate location in any public rest room for women patrons on the licensed premises.  The notice shall warn patrons that alcohol consumption during pregnancy has been determined to be harmful to the fetus and can cause birth defects, low birth weight and Fetal Alcohol Syndrome, which is one of the leading causes of [mental retardation] intellectual disabilities.

(cf: P.L.1993, c.43, s.1)

 

     62.  Section 2 of P.L.1991, c.323 (C.39:4-14.7a) is amended to read as follows:

     2.    The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act.  In addition to such other matters as the director shall deem appropriate and necessary, those rules and regulations so promulgated shall provide that the affixing of the warning cards “This Bike Is Missing One Part,” designed by the New Jersey Coalition for Prevention of Developmental Disabilities and funded by the Office for the Prevention of [Mental Retardation and] Developmental Disabilities in the Department of Human Services, to a bicycle offered for sale at retail shall fulfill the requirements of section 1 of this act and that those warning cards shall be readily available to the retail sellers of bicycles at cost.

(cf: P.L.1991, c.323, s.2)

 

     63.  Section 1 of P.L.1984, c.50 (C.39:4-207.2) is amended to read as follows:

     1.    For purposes of this act [“mentally retarded person”] person with an intellectual disability” means a person in a state of significant subnormal intellectual development with reduction of social competence which state shall have existed prior to adolescence and is expected to be of life duration.

(cf: P.L.1984, c. 50, s. 1)

 

     64.  Section 2 of P.L.1984, c.50 (C.39:4-207.3) is amended to read as follows:

     2.    a.  The Director of the Division of Motor Vehicles shall issue a special insignia upon the application of a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State for motor vehicles owned or operated by the applicant and used to transport [mentally retarded] persons with intellectual disabilities.  The insignia shall be of a design and shall be posted or attached to the motor vehicle in a place and manner to be determined by the director.  The fee for the issuance of an insignia shall be determined by the director and the insignia shall be renewable annually by the director at the time fixed for the annual registration of the vehicle.

     b.    The director may also issue to an applicant, at the expense of the State, special vehicle identification cards to be carried by the operators of motor vehicles used to transport [mentally retarded] persons with intellectual disabilities.  The cards shall be renewable annually by the director at the time fixed for the annual registration of the vehicles.

     c.     The director may also issue to an applicant a placard to be displayed on the motor vehicle.

(cf: P.L.1984, c. 50, s. 2)

 

     65.  Section 3 of P.L.1984, c.50 (C.39:4-207.4) is amended to read as follows:

     3.    A motor vehicle owned or operated by a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State and used to transport [mentally retarded] persons with intellectual disabilities, and which is properly identified in accordance with the provisions of section 1 of this act, is authorized to park in a space appropriately marked for vehicles for the physically handicapped pursuant to law whenever the vehicle is being used to transport [mentally retarded] persons with intellectual disabilities.

(cf: P.L.1984, c.50, s.3)

 

     66.  Section 1 of P.L.1964, c.10 (C.40:23-8.11) is amended to read as follows:

     1.    The board of chosen freeholders of any county may appropriate annually to any approved, privately operated, nonprofit organization whose services are nonsectarian, funds for the purpose of defraying the necessary expense incident to the diagnosis, treatment and training of [mentally retarded,] persons with intellectual disabilities, persons who are brain injured, or [mentally ill] persons with mental illness who are residents of the county, at suitable homes, schools, hospitals, day-care centers, residential treatment centers or sheltered workshops anywhere in the State supported by public funds or private charity, including the cost of transporting such persons to and from, and their support and maintenance at, such homes, schools, hospitals, day-care centers, residential treatment centers or sheltered workshops for the purpose of, or while undergoing diagnosis, treatment and training.

(cf: P.L.1969, c.6, s.2)

 

     67.  Section 1 of P.L.1975, c.141 (C.40:48-9.4a) is amended to read as follows:

     1.    The governing body of any municipality may appropriate annually to any approved, privately operated, nonprofit organization whose services are nonsectarian, funds for the purpose of defraying the necessary expense incident to the diagnosis, treatment, training and rehabilitation of [mentally-retarded, brain-injured, mentally-ill or] persons with intellectual disabilities, persons who are brain injured, persons with mental illness, or persons who are otherwise mentally or physically handicapped [persons] who are residents of the municipality, at suitable homes, schools, hospitals, day-care centers, residential treatment centers, rehabilitation centers or sheltered workshops anywhere in the State supported by public funds or private charity, including the cost of transporting such persons to and from, and their support and maintenance at, such homes, schools, hospitals, day-care centers, residential treatment centers, rehabilitation centers or sheltered workshops for the purpose of diagnosis or while undergoing treatment, training and rehabilitation, or for the purpose of maintaining an extended employment program.

(cf: P.L.1975, c.141, s.1)

 

     68.  Section 15 of P.L.1971, c.199 (C.40A:12-15) is amended to read as follows:

     15.  Purposes for which leases for a public purpose may be made.

     A leasehold for a term not in excess of 50 years may be made pursuant to this act and extended for an additional 25 years by ordinance or resolution thereafter for any county or municipal public purpose, including, but not limited to:

     (a)   The provision of fire protection, first aid, rescue and emergency services by an association duly incorporated for such purposes.

     (b)   The provision of health care or services by a nonprofit clinic, hospital, residential home, outpatient center or other similar corporation or association.

     (c)   The housing, recreation, education or health care of veterans of any war of the United States by any nonprofit corporation or association.

     (d)   Mental health or psychiatric services or education for [the mentally ill] persons with mental illness, [mentally retarded, or] persons who are mentally defective, or persons with intellectual disabilities by any nonprofit corporation or association.

     (e)   Any shelter care or services for persons aged 62 or over receiving Social Security payments, pensions, or disability benefits which constitute a substantial portion of the gross income by any nonprofit corporation or association.

     (f)    Services or care for the education or treatment of cerebral palsy patients by any nonprofit corporation or association.

     (g)   Any civic or historic programs or activities by duly incorporated historical societies.

     (h)   Services, education, training, care or treatment of poor or indigent persons or families by any nonprofit corporation or association.

     (i)    Any activity for the promotion of the health, safety, morals and general welfare of the community of any nonprofit corporation or association.

     (j)    The cultivation or use of vacant lots for gardening or recreational purposes.

     (k)   The provision of electrical transmission service across the lines of a public utility for a county or municipality pursuant to R.S.40:62-12 through R.S.40:62-25.

     Except as otherwise provided in subsection (k) of this section, in no event shall any lease under this section be entered into for, with, or on behalf of any commercial, business, trade, manufacturing, wholesaling, retailing, or other profit-making enterprise, nor shall any lease pursuant to this section be entered into with any political, partisan, sectarian, denominational or religious corporation or association, or for any political, partisan, sectarian, denominational or religious purpose, except that a county or municipality may enter into a lease for the use permitted under subsection (j) with a sectarian, denominational or religious corporation; provided the property is not used for a sectarian, denominational or religious purpose.  In the case of a municipality the governing body may designate the municipal manager, business administrator or any other municipal official for the purpose of entering into a lease for the use permitted under subsection (j).

(cf: P.L.1991, c.143, s.6)

 

     69.  Section 3 of P.L.1941, c.220 (C.43:7-9) is amended to read as follows:

     3.    a.  Upon the receipt of proper proofs of the death of a member who shall have lost his life, there shall be paid to his widow or widower a pension of 25% of the member’s average final compensation, for the use of herself or himself, to continue during her or his widowhood, plus 15% of such salary payable to one surviving child or plus 25% of such salary to two or more surviving children; if there is no surviving widow or widower or in case the widow or widower dies or remarries, 20% of the member’s average final compensation will be payable to one surviving child, 35% of such compensation to two surviving children in equal shares and if there be three or more children, 50% of such compensation will be payable to such children in equal shares; if there is no surviving widow, widower or child, 25% of the member’s average final compensation will be payable to one surviving parent or 40% of such compensation will be payable to two surviving parents in equal shares.

     b.    Upon the receipt of proper proofs of the death after retirement of a former member of the pension fund, there shall be paid to his widow or widower a pension of 25% of the member’s average final compensation for the use of herself or himself, to continue during her or his widowhood, plus 15% of such compensation payable to one surviving child or plus 25% of such compensation to two or more surviving children; if there is no surviving widow or widower or in case the widow or widower dies or remarries, 20% of the member’s average final compensation will be payable to one surviving child, 35% of such compensation to two surviving children in equal shares and if there be three or more children, 50% of such compensation will be payable to such children in  equal shares.

     c.     The changes in benefits provided by subsections a. and b. of this section shall apply only to pensions hereafter granted; provided, however, that pensions granted prior to the effective date of this amendatory and supplementary act shall be increased to the schedule of payments stipulated by subsection a. on the first of the month following the commission’s approval of those cases where proper evidence is submitted to the satisfaction of the pension commission that the death of the member in active service was the result of an accident met in the actual performance of duty at some definite time and place, that such death was not the result of the member’s willful negligence, and that the death occurred within 5 years of the accident; provided, further, that any pension in an amount less than $1,600.00 per annum, presently paid or to be paid in the future to a widow or widower or a prison officer, shall be increased to $1,600.00 per annum.

     d.    For purposes of this section:

     (1)   “Child” shall mean a deceased member’s unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member’s death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the examining physicians of the fund.

     (2)   “Widower” shall mean the man to whom a member was married before the date of her retirement or at least 5 years before the date of her death and to whom she continued to be married until the date of her death and who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death.  The dependency of such a widower will be considered terminated by marriage of the widower subsequent to the death of the member.

     (3)   “Widow” shall mean the woman to whom a member was married before the date of his retirement or at least 5 years before the date of his death and to whom he continued to be married until the date of his death and who has not remarried.

     (4)   “Parent” shall mean the parent of a member who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member’s death or the accident which was the direct cause of the member’s death.  The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

(cf: P. L.1973, c.155, s.2)

 

     70.  Section 1 of P.L.1957, c.168 (C.43:12-28.1) is amended to read as follows:

     1.    The governing body of any municipality served by a volunteer fire company or first aid or rescue squad shall, by resolution, determine the eligibility for a survivor’s pension of the widow or children or parent of any volunteer firefighter, first aid worker, rescue squad worker, or emergency medical technician who has died as the result of injuries sustained in the course of performance of duty as a member of the volunteer fire company or first aid or rescue squad on or after January 1, 2000.  A governing body may determine that the widow or children or parent of a volunteer is eligible for a survivor’s pension whenever a volunteer dies while responding to, preparing for or returning from an emergency while under orders from a competent authority.  When the municipal governing body determines that a widow or children or parent are eligible for a survivor’s pension, a certified copy of the resolution shall be filed by the municipal clerk with the State Treasurer within 10 days of adoption, and the State shall provide for payment of the survivor’s pension, starting in the first calendar year next following the year of death of the volunteer or the year next following the year in which P.L.2002, c.134 is enacted, whichever is later.

     For the purposes of this section, “first aid or rescue squad” shall mean any duly incorporated first aid and emergency or volunteer ambulance or rescue squad association providing volunteer public first aid, ambulance or rescue services within the municipality;

     “widow” shall also include “widower”;

     “child” shall mean a deceased firefighter’s, emergency medical technician’s, or first aid or rescue squad worker’s unmarried child (a) under the age of 18, or (b) 18 years of age or older and enrolled in a secondary school, or (c) under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, or (d) of any age who, at the time of the firefighter’s, technician’s or worker’s death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical professional; and

     “parent” shall mean the parent of a firefighter, emergency medical technician, or first aid or rescue squad worker who was receiving at least one-half of his or her support from the firefighter, technician or worker in the 12-month period immediately preceding the firefighter’s, technician’s or worker’s death.  The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

(cf: P.L.2002, c.134, s.1)

 

     71.  Section 6 of P.L.1954, c.84 (C.43:15A-6) is amended to read as follows:

     6.    As used in this act:

     a.     "Accumulated deductions" means the sum of all the amounts, deducted from the compensation of a member or contributed by or on behalf of the member, standing to the credit of the member's individual account in the annuity savings fund.

     b.    "Annuity" means payments for life derived from the accumulated deductions of a member as provided in this act.

     c.     "Annuity reserve" means the present value of all payments to be made on account of any annuity or benefit in lieu of an annuity, granted under the provisions of this act, computed on the basis of such mortality tables recommended by the actuary as the board of trustees adopts, with regular interest.

     d.    "Beneficiary" means any person receiving a retirement allowance or other benefit as provided in this act.

     e.     "Child" means a deceased member's unmarried child either (1) under the age of 18 or (2) of any age who, at the time of the member's death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.

     f.     "Parent" shall mean the parent of a member who was receiving at least 1/2 of the parent's support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

     g.     (1) "Widower," for employees of the State, means the man to whom a member was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at least five years before the date of her death and to whom she continued to be married or a domestic partner until the date of her death and who was receiving at least 1/2 of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower will be considered terminated by marriage of, or establishment of a domestic partnership by, the widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

     (2)   Subject to the provisions of paragraph (3) of this subsection, "widower," for employees of public employers other than the State, means the man to whom a member was married at least five years before the date of her death and to whom she continued to be married until the date of her death and who was receiving at least 1/2 of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower shall be considered terminated by marriage of the widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

     (3)   A public employer other than the State may adopt a resolution providing that the term "widower" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.

     h.     (1) "Final compensation" means the average annual compensation for which contributions are made for the three years of creditable service in New Jersey immediately preceding the member's retirement or death, or it shall mean the average annual compensation for New Jersey service for which contributions are made during any three fiscal years of his or her membership providing the largest possible benefit to the member or the member's beneficiary.

     (2)   In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final compensation" means the average annual compensation for which contributions are made for the five years of creditable service in New Jersey immediately preceding the member's retirement or death, or it shall mean the average annual compensation for New Jersey service for which contributions are made during any five fiscal years of his or her membership providing the largest possible benefit to the member or the member's beneficiary.

     i.      "Fiscal year" means any year commencing with July 1 and ending with June 30 next following.

     j.     "Medical board" shall mean the board of physicians provided for in section 17 of P.L.1954, c.84 (C.43:15A-17).

     k.    "Pension" means payments for life derived from appropriations made by the employer as provided in this act.

     l.      "Pension reserve" means the present value of all payments to be made on account of any pension or benefit in lieu of a pension granted under the provisions of this act, computed on the basis of such mortality tables recommended by the actuary as the board of trustees adopts, with regular interest.

     m.    "Public Employees' Retirement System of New Jersey," hereinafter referred to as the "retirement system" or "system," is the corporate name of the arrangement for the payment of retirement allowances and other benefits under the provisions of this act including the several funds placed under said system. By that name all of its business shall be transacted, its funds invested, warrants for money drawn, and payments made and all of its cash and securities and other property held.

     n.     "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the board of trustees and the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of the assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%.

     o.    "Retirement allowance" means the pension plus the annuity.

     p.    "Veteran" means any honorably discharged officer, soldier, sailor, airman, marine or nurse who served in any Army, Air Force or Navy of the Allies of the United States in World War I, between July 14, 1914, and November 11, 1918, or who served in any Army, Air Force or Navy of the Allies of the United States in World War II, between September 1, 1939, and September 2, 1945, and who was inducted into such service through voluntary enlistment, and was a citizen of the United States at the time of such enlistment, and who did not, during or by reason of such service, renounce or lose United States citizenship, and any officer, soldier, sailor, marine, airman, nurse or army field clerk, who has served in the active military or naval service of the United States and has or shall be discharged or released therefrom under conditions other than dishonorable, in any of the following wars, uprisings, insurrections, expeditions, or emergencies, and who has presented to the retirement system evidence of such record of service in form and content satisfactory to said retirement system:

     (1)   The Indian wars and uprisings during any of the periods recognized by the War Department of the United States as periods of active hostility;

     (2)   The Spanish-American War between April 20, 1898, and April 11, 1899;

     (3)   The Philippine insurrections and expeditions during the periods recognized by the War Department of the United States as of active hostility from February 4, 1899, to the end of 1913;

     (4)   The Peking relief expedition between June 20, 1900, and May 27, 1902;

     (5)   The army of Cuban occupation between July 18, 1898, and May 20, 1902;

     (6)   The army of Cuban pacification between October 6, 1906, and April 1, 1909;

     (7)   The Mexican punitive expedition between March 14, 1916, and February 7, 1917;

     (8)   The Mexican border patrol, having actually participated in engagements against Mexicans between April 12, 1911, and June 16, 1919;

     (9)   World War I, between April 6, 1917, and November 11, 1918;

     (10) World War II, between September 16, 1940, and December 31, 1946, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies any part of which 90 days was served between said dates; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 90-day service as herein provided;

     (11) Korean conflict on or after June 23, 1950, and on or prior to January 31, 1955, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 90-day service as herein provided; and provided further, that any member classed as a veteran pursuant to this paragraph prior to August 1, 1966, shall continue to be classed as a veteran whether or not that person completed the 90-day service between said dates as herein provided;

     (12) Lebanon crisis, on or after July 1, 1958, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 1, 1958 or the date of termination of that conflict, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

     (13) Vietnam conflict on or after December 31, 1960, and on or prior to May 7, 1975, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code, pursuant to an enlistment in the Army National Guard or as a reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 90 days' service as herein provided;

     (14) Lebanon peacekeeping mission, on or after September 26, 1982, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before December 1, 1987 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

     (15) Grenada peacekeeping mission, on or after October 23, 1983, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 21, 1983 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

     (16) Panama peacekeeping mission, on or after December 20, 1989 or the date of inception of that mission, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before January 31, 1990 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

     (17) Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, on or after August 2, 1990 or the date of inception of that operation, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least 14 days commencing on or before the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

     (18) Operation Northern Watch and Operation Southern Watch, on or after August 27, 1992, or the date of inception of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of inception is earliest, who served in the theater of operation, including in the Arabian peninsula and the Persian Gulf, and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service, commencing on or before the date of termination of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of termination is the latest; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

     (19) Operation "Restore Hope" in Somalia, on or after December 5, 1992, or the date of inception of that operation as proclaimed by the President of the United States or Congress, whichever date is earliest, who has served in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before March 31, 1994; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14-day service as herein provided;

     (20) Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, on or after November 20, 1995, who served in such active service in direct support of one or both of the operations for at least 14 days, continuously or in the aggregate, commencing on or before June 20, 1998 and (1) was deployed in that nation or in another area in the region, or (2) was on board a United States naval vessel operating in the Adriatic Sea, or (3) operated in airspace above the Republic of Bosnia and Herzegovina; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person completed the 14-day service requirement;

     (21) Operation "Enduring Freedom", on or after September 11, 2001, who served in a theater of operation and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided; and

     (22) Operation "Iraqi Freedom", on or after the date the President of the United States or the United States Secretary of Defense designates as the inception date of that operation, who served in Iraq or in another area in the region in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided.

     "Veteran" also means any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits.

     q.    (1) "Widow," for employees of the State, means the woman to whom a member was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at least five years before the date of his death and to whom he continued to be married or a domestic partner until the date of his death and who was receiving at least 1/2 of her support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow will be considered terminated by the marriage of, or establishment of a domestic partnership by, the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

     (2)   Subject to the provisions of paragraph (3) of this subsection, "widow," for employees of public employers other than the State, means the woman to whom a member was married at least five years before the date of his death and to whom he continued to be married until the date of his death and who was receiving at least 1/2 of her support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow shall be considered terminated by the marriage of the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

     (3)   A public employer other than the State may adopt a resolution providing that the term "widow" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.

     r.     (1) "Compensation" means the base or contractual salary, for services as an employee, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary or extracurricular duties beyond the regular workday or the regular work year.

     (2)   In the case of a person who becomes a member of the retirement system on or after July 1, 2007, "compensation" means the amount of base or contractual salary equivalent to the annual maximum wage contribution base for Social Security, pursuant to the Federal Insurance Contributions Act, for services as an employee, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary or extracurricular duties beyond the regular workday or the regular work year. This paragraph shall not apply to a person who at the time of enrollment in the retirement system on or after July 1, 2007 transfers service credit from another State-administered retirement system pursuant to section 14 of P.L.1954, c.84 (C.43:15A-14), but shall apply to a former member of the retirement system who has been granted a retirement allowance and is reenrolled in the retirement system on or after July 1, 2007 pursuant to section 27 of P.L.1966, c.217 (C.43:15A-57.2) after becoming employed again in a position that makes the person eligible to be a member of the retirement system.

     In cases where salary includes maintenance, the retirement system shall fix the value of that part of the salary not paid in money which shall be considered under this act.

     For the period of July 1, 2009 through June 30, 2011, "contractual salary" for State employees shall include across the board negotiated wage increases under a collective negotiations agreement that were payable to all State employees covered by that agreement notwithstanding that, by amendment to that collective negotiations agreement, the effective date of the contractual increase has been deferred.  For the purpose of this paragraph, "State employee" means an employee in the Executive Branch or the Judicial Branch of State government of New Jersey or an employee of the State University authorized to participate in the system under subsection b. of section 73 of P.L.1954, c.84 (C.43:15A-73), but shall not include employees of agencies authorized to participate in the system under subsections a., c., d., e., f., and g. of section 73 of P.L.1954, c.84 (C.43:15A-73) or under P.L.1990, c.25 (C.43:15A-73.2 et al.).

     For the period of July 1, 2009 through June 30, 2011, "contractual salary" for county and municipal employees shall include across the board negotiated wage increases under a collective negotiations agreement that were payable to all county or all municipal employees covered by that agreement notwithstanding that, by amendment to that collective negotiations agreement which has been filed with the Division of Pensions and Benefits, the effective date of the contractual increase has been deferred.  For the purpose of this paragraph, "county and municipal employees" means all persons employed by a county or municipality in this State.

(cf: P.L.2010, c.1, s.21)


     72.  Section 1 of P.L.2001, c.259 (C.43:15A-142) is amended to read as follows:

     1.    As used in this act, P.L.2001, c.259 (C.43:15A-142 et seq.):

     “Aggregate public service” includes service as a workers compensation judge and in an office, position, or employment of this State or of a county, municipality, board of education, or public agency of this State.

     “Beneficiary” means any person entitled to receive any benefit pursuant to the provisions of this act by reason of the death of a member or retirant.

     “Child” means a deceased member’s or retirant’s unmarried child who is (a) under the age of 18; (b) of any age who, at the time of the member's or retirant’s death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment, and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board; or (c) under the age of 21 and is attending school full time.

     “Final salary” means the annual salary received by the member at the time of retirement or death.

     “Retirant” means any former member receiving a pension or retirement allowance as provided by this act.

     “Widow” means the woman to whom a member was married at least four years before the date of his death and to whom he continued to be married until the date of his death.  The eligibility of a widow to receive a survivor's benefit shall be considered terminated by the marriage of the widow subsequent to the member's or the retirant’s death.  In the event of accidental death, the four-year qualification shall be waived.  When used in this act, the term “widow” shall mean and include “widower” as may be necessary and appropriate to the particular situation.

     “Widower” means the man to whom a member was married at least four years before the date of her death and to whom she continued to be married until the date of her death.  The eligibility of a widower to receive a survivor’s benefit shall be considered terminated by the marriage of the widower subsequent to the member's or the retirant’s death.  In the event of accidental death, the four-year qualification shall be waived.

     “Workers compensation judges” means the Chief Judges, administrative supervisory judges, supervisory judges and judges of compensation of the Division of Workers’ Compensation of the Department of Labor.

(cf: P.L.2001, c.259, s.1)

 

     73.  Section 12 of P.L.1944, c.253 (C.43:16-17) is amended to read as follows:

     12.  The following words and phrases as used in this act, unless a different meaning is plainly required by the context, shall have the following meanings:

     (1)   “Member” shall mean a person who on July 1, 1944, was a member of a municipal police department or paid or part-paid fire department or county police department or a paid or part-paid fire department of a fire district located in a township and who has contributed to the pension fund established under chapter 16 of Title 43 of the Revised Statutes and shall hereafter contribute to said fund.

     (2)   “Active member” shall mean any “member” who is a police officer, firefighter, detective, line person, driver of police van, fire alarm operator or inspector of combustibles and who is subject to call for active service or duty as such.

     (3)   “Employee member” shall mean any “member” who is not subject to call for active service or duty as a police officer, firefighter, detective, line person, driver of police van, fire alarm operator or inspector of combustibles.

     (4)   “Commission” shall mean the board having the general responsibility for the proper operation of the pension fund created by this act, subject to the provisions of chapter 70 of the laws of 1955.

     (5)   “Physician or surgeon” shall mean the medical board composed of physicians who shall be called upon to determine the disability of members as provided by this act.

     (6)   “Employer” shall mean the county, municipality or agency thereof by which a member is employed.

     (7)   “Service” shall mean service rendered while a member is employed by a municipal police department, paid or part-paid fire department, county police department or paid or part-paid fire department of a fire district located in a township prior to the effective date of this act for such service to such departments thereafter.

     (8)   “Pension” shall mean the amount payable to a member or the member’s beneficiary under the provisions of this act.

     (9)   “Average salary” shall mean the average salary paid during the last three years of a member’s service.

     (10) “Beneficiary” shall mean any person or persons, other than a member, receiving or entitled to receive a pension or benefits, as provided by this act.

     (11) “Parent” shall mean the parent of a member who was receiving at least one-half of that parent’s support from the member in the 12-month period immediately preceding the member’s death or the accident which was the direct cause of the member’s death.  The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

     (12) “County police” shall mean all police officers having supervision of regulation of traffic upon county roads.

     (13) (Deleted by amendment, P.L.1989, c.78.)

     (14) “Surviving spouse” shall mean the person to whom a member was married before the date of retirement or at least two years before the date of the member’s death and whose marriage to the member continued until the member’s death. 

     (15) “Child” shall mean a deceased member’s unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member's death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and whose impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the examining physicians of the fund.

     (16) “Regular interest” shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the commission and the actuary.  It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of the assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the commission shall not set the average percentage rate of increase applied to salaries below 6%.

     (17) “Final compensation” shall mean the compensation received by the member in the last 12 months of service preceding retirement.

     (18) “Compensation” shall mean the base salary, for services as a member as defined in this act, which is in accordance with established salary policies of the member’s employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member’s retirement or additional remuneration for performing temporary duties beyond the regular workday.

(cf: P.L.1992, c.125, s.12)

 

     74.  Section 1 of P.L.1944, c.255 (C.43:16A-1) is amended to read as follows:

     1.    As used in this act:

     (1)   "Retirement system" or "system" shall mean the Police and Firemen's Retirement System of New Jersey as defined in section 2 of this act.

     (2)   (a) "Policeman" shall mean a permanent, full-time employee of a law enforcement unit as defined in section 2 of P.L.1961, c.56 (C.52:17B-67) or the State, other than an officer or trooper of the Division of State Police whose position is covered by the State Police Retirement System, whose primary duties include the investigation, apprehension or detention of persons suspected or convicted of violating the criminal laws of the State and who:

     (i)    is authorized to carry a firearm while engaged in the actual performance of his official duties;

     (ii)   has police powers;

     (iii)   is required to complete successfully the training requirements prescribed by P.L.1961, c.56 (C.52:17B-66 et seq.) or comparable training requirements as determined by the board of trustees; and

     (iv)  is subject to the physical and mental fitness requirements applicable to the position of municipal police officer established by an agency authorized to establish these requirements on a Statewide basis, or comparable physical and mental fitness requirements as determined by the board of trustees.

     The term shall also include an administrative or supervisory employee of a law enforcement unit or the State whose duties include general or direct supervision of employees engaged in investigation, apprehension or detention activities or training responsibility for these employees and a requirement for engagement in investigation, apprehension or detention activities if necessary, and who is authorized to carry a firearm while in the actual performance of his official duties and has police powers.

     (b)   "Fireman" shall mean a permanent, full-time employee of a firefighting unit whose primary duties include the control and extinguishment of fires and who is subject to the training and physical and mental fitness requirements applicable to the position of municipal firefighter established by an agency authorized to establish these requirements on a Statewide basis, or comparable training and physical and mental fitness requirements as determined by the board of trustees.  The term shall also include an administrative or supervisory employee of a firefighting unit whose duties include general or direct supervision of employees engaged in fire control and extinguishment activities or training responsibility for these employees and a requirement for engagement in fire control and extinguishment activities if necessary.  As used in this paragraph, "firefighting unit" shall mean a municipal fire department, a fire district, or an agency of a county or the State which is responsible for control and extinguishment of fires.

     (3)   "Member" shall mean any policeman or fireman included in the membership of the retirement system pursuant to this amendatory and supplementary act, P.L.1989, c.204 (C.43:16A-15.6 et al.).

     (4)   "Board of trustees" or "board" shall mean the board provided for in section 13 of this act.

     (5)   "Medical board" shall mean the board of physicians provided for in section 13 of this act.

     (6)   "Employer" shall mean the State of New Jersey, the county, municipality or political subdivision thereof which pays the particular policeman or fireman.

     (7)   "Service" shall mean service as a policeman or fireman paid for by an employer.

     (8)   "Creditable service" shall mean service rendered for which credit is allowed as provided under section 4 of this act.

     (9)   "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the board of trustees and the actuary.  It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%.

     (10) "Aggregate contributions" shall mean the sum of all the amounts, deducted from the compensation of a member or contributed by him or on his behalf, standing to the credit of his individual account in the annuity savings fund.

     (11) "Annuity" shall mean payments for life derived from the aggregate contributions of a member.

     (12) "Pension" shall mean payments for life derived from contributions by the employer.

     (13) "Retirement allowance" shall mean the pension plus the annuity.

     (14) "Earnable compensation" shall mean the full rate of the salary that would be payable to an employee if he worked the full normal working time for his position.  In cases where salary includes maintenance, the retirement system shall fix the value of that part of the salary not paid in money which shall be considered under this act.

     (15) "Average final compensation" shall mean final compensation.

     (16) "Retirement" shall mean the termination of the member's active service with a retirement allowance granted and paid under the provisions of this act.

     (17) "Annuity reserve" shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.

     (18) "Pension reserve" shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.

     (19) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.

     (20) "Beneficiary" shall mean any person receiving a retirement allowance or other benefit as provided by this act.

     (21) "Child" shall mean a deceased member's or retirant's unmarried child (a) under the age of 18, or (b) 18 years of age or older and enrolled in a secondary school, or (c) under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member died in active service as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's willful misconduct, or (d) of any age who, at the time of the member's or retirant's death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.

     (22) "Parent" shall mean the parent of a member who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death.  The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

     (23) (a) "Widower," for employees of the State, means the man to whom a member or retirant was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of her death and who has not since remarried or established a domestic partnership. In the event of the payment of accidental death benefits, pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10), the restriction concerning remarriage or establishment of a domestic partnership shall be waived.

     (b)   Subject to the provisions of paragraph (c) of this subsection, "widower," for employees of public employers other than the State, means the man to whom a member or retirant was married on the date of her death and who has not remarried.

     (c)   A public employer other than the State may adopt a resolution providing that the term "widower" as defined in paragraph (b) of this subsection shall include domestic partners as provided in paragraph (a) of this subsection.

     (24) (a) "Widow," for employees of the State, means the woman to whom a member or retirant was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of his death and who has not since remarried or established a domestic partnership.  In the event of the payment of accidental death benefits, pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10), the restriction concerning remarriage or establishment of a domestic partnership shall be waived.

     (b)   Subject to the provisions of paragraph (c) of this subsection, "widow," for employees of public employers other than the State, means the woman to whom a member or retirant was married on the date of his death and who has not remarried.

     (c)   A public employer other than the State may adopt a resolution providing that the term "widow" as defined in paragraph (b) of this subsection shall include domestic partners as provided in paragraph (a) of this subsection.

     (25) "Fiscal year" shall mean any year commencing with July 1, and ending with June 30, next following.

     (26) (a) "Compensation" shall mean the base salary, for services as a member as defined in this act, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday.

     (b)   In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "compensation" means the amount of base salary equivalent to the annual maximum wage contribution base for Social Security, pursuant to the Federal Insurance Contributions Act, for services as a member as defined in this act, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday.

     (27) "Department" shall mean any police or fire department of a municipality or a fire department of a fire district located in a township or a county police or park police department or the appropriate department of the State or instrumentality thereof.

     (28) (a) "Final compensation" means the compensation received by the member in the last 12 months of creditable service preceding his retirement or death.

     (b)   In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final compensation" means the average annual compensation for service for which contributions are made during any three fiscal years of membership providing the largest possible benefit to the member or the member's beneficiary.

     (29) (Deleted by amendment, P.L.1992, c.78).

     (30) (Deleted by amendment, P.L.1992, c.78).

     (31) (a) "Spouse," for employees of the State, means the husband or wife, or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), of a member.

     (b)   Subject to the provisions of paragraph (c) of this subsection, "spouse," for employees of public employers other than the State, means the husband or wife of a member.

     (c)   A public employer other than the State may adopt a resolution providing that the term "spouse" as defined in paragraph (b) of this subsection shall include domestic partners as provided in paragraph (a) of this subsection.

(cf: P.L.2010, c.1, s.22)

 

     75.  Section 35 of P.L.1979, c.496 (C.44:7-93) is amended to read as follows:

     35.  a.  As used in this section, "eligible resident" means a resident of a residential health care facility, rooming house or boarding house who is: eligible to receive services under the latest New Jersey Comprehensive Annual Services Program Plan for the use of funds appropriated under Title XX of the Federal Social Security Act; an "eligible person" under the act to which this act is a supplement; an otherwise aged, blind or disabled person;  or a resident designated to be eligible by the Commissioner of [the Department of] Human Services.

     b.    County welfare boards shall provide services to eligible residents of residential health care facilities, rooming houses and boarding houses which shall include, but not be limited to, the following:

     (1) Investigation and evaluation of reports of abuse or exploitation, as defined in section 36 hereunder, or of threats of such abuse or exploitation of  eligible residents, at the direction of the Commissioner of Human Services;

     (2) Visits to all such facilities having eligible residents, at regularly scheduled intervals to assess the needs of such residents, determine whether they are receiving needed services and appropriate levels of care, and to provide such services where appropriate;

     (3) Provision of information to eligible residents concerning social service, welfare, mental health, home health and medical assistance programs available to them;  referral of eligible residents to State, county and local agencies and organizations for any such services which county welfare boards cannot provide;  and follow up to such referrals to determine whether such services are being provided;

     (4) Reporting of any suspected violations of the provisions of this act and  of any complaints received concerning services and conditions in such facilities to the commissioner and to appropriate State and local agencies for remedial action;  and

     (5) Provision of information to eligible residents whose continued residence in such facilities may be injurious or dangerous to their health concerning alternative housing and living arrangements available to them.

     County welfare boards shall coordinate all services provided under this subsection with services provided to eligible residents by the State Divisions of Mental Health [and Hospitals,] Services and [Mental Retardation] Developmental Disabilities in the Department of Human Services and Division of Youth and Family Services in the Department of Children and Families, charitable institutions and other State and local agencies and service providers.

     c.     In order to fulfill their responsibilities under subsection b. above, county welfare boards shall be entitled to receive full and free access to residential health care facilities, rooming houses and boarding houses by the owners and operators of such facilities, and to receive cooperation and assistance from State and local law enforcement officials as needed.

     d.    The Commissioner of [the Department of] Human Services shall:

     (1) Promulgate all necessary regulations to implement the provisions of this  section;

     (2) Maintain a central file of all complaints received concerning suspected violations of the provisions of this act and concerning services and conditions  at residential health care facilities, rooming houses and boarding houses and  shall maintain a record of the State and local agencies to which complaints have been referred by county welfare boards; refer any such complaints received by the commissioner to State and local agencies for remedial action as  necessary; and follow up all complaints to determine whether such action has  been taken;

     (3) Provide such training and educational programs to the operators of such facilities as will enable them to appropriately respond to the needs of their  residents;

     (4) Designate agencies to:

     (a) Identify those residential health care facilities, rooming houses and boarding houses in which substantial numbers of persons reside who are in need of mental health or [mental retardation] developmental disabilities services;

     (b) Receive referrals and be responsible for the provision of mental health or [mental retardation] developmental disability services, or both;

     (c) Report any apparent violation of this act to the appropriate State and local officials and authorities;

     (d) Coordinate their efforts with county welfare boards, charitable institutions, the State Divisions of Mental Health [and Hospitals,] Services and [Mental Retardation] Developmental Disabilities in the Department of Human Services and Division of Youth and Family Services in the Department of Children and Families, and other State and local entities and service providers.

     (5) Periodically monitor and evaluate services provided to eligible residents by county welfare boards and community agencies serving [the mentally ill and the mentally retarded] persons with mental illness or developmental disabilities.

     (6) Issue a report to the Legislature's Standing Reference Committees on Institutions, Health and Welfare concerning the implementation of this section, 1 year following the effective date of this act.

     e.     Any person who submits or reports a complaint concerning a suspected violation of the provisions of this act or concerning services and conditions in residential health care facilities, rooming houses and boarding houses, or who testifies in any administrative or judicial proceeding arising from such a complaint, shall have immunity from any civil or criminal liability on account of such complaint, unless such person has acted in bad faith or with malicious purpose.

(cf: P.L.1979, c.496, s.35)

 

     76.  Section 2 of P.L.2009, c.41 (C.45:9-37.112) is amended to read as follows:

     2.    The Legislature finds that: the profession of genetic counseling has existed for more than 30 years.  Genetic counseling is a communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder, birth defect, or [mental retardation] intellectual disability in a family.  This process involves an attempt by one or more appropriately trained individuals to help an individual or family: comprehend the medical facts, including the diagnostic, probable course and available management of a disorder, as well as the risk of occurrence in specified relatives; understand the options for dealing with the risk of recurrence; choose the course of action that seems appropriate to that individual or family in view of the risk and the family goals and to act in accordance with that decision; and make the best possible adjustment to the disorder in affected family members and to the risk of occurrence or recurrence of the disorder.

     The Legislature further finds that: the profession of genetic counseling profoundly affects the lives of the people of New Jersey; and informed individual decisions to undergo a genetic test and intellectually sound and emotionally healthy responses to the discovery of a genetic anomaly can be facilitated by professional genetic counseling; however, misuse of those same genetic tests or information used for individual decisions may result in inappropriate decision making, loss of privacy, discrimination, inappropriate medical referrals, and unnecessary emotional distress.

     The Legislature declares, therefore, that this act is intended to protect the people of New Jersey by setting standards of qualification, education, training and experience for those persons seeking to practice and be licensed as genetic counselors and by promoting high standards of professional performance for those presently practicing as genetic counselors and for those who will be
licensed to practice genetic counseling in the State.

(cf: P.L.2009, c.41, s.2)

 

     77.  Section 3 of P.L.1977, c.379 (C.52:27D-172) is amended to read as follows:

     3.    For the purposes of this act:

     a.     "Commissioner"  means the Commissioner of [the Department of] Community Affairs.

     b.    "Handicapped persons"  means persons who [are mentally retarded,] have intellectual disabilities or who are visually handicapped, auditorily handicapped, communication handicapped, neurologically or perceptually impaired, orthopedically handicapped, chronically ill, emotionally disturbed, socially maladjusted, multiply handicapped, or [developmentally disabled] have a developmental disability.

(cf: P.L.1977, c.379, s.3)

 

     78.  Section 12 of P.L.2005, c.155 (C.52:27EE-12) is amended to read as follows:

     12.  Definitions.

     As used in this act:

     "administrative action" means and includes any action, omission, decision, recommendation, practice or procedure of an agency, but does not include the preparation, presentation or introduction of legislation;

     "agency" means and includes the State of New Jersey and its principal departments, and any division, bureau, board, commission, agency, office, authority, or institution of the Executive Branch of the State government, or any other agency, including bi-state agencies, or any instrumentality created by the State, including counties, municipalities, or political subdivisions thereof, or any officer, employee, or member thereof acting or purporting to act in the exercise of his or her official duties, except the Governor and the Governor's personal staff and any portion of the Legislative Branch or Judicial Branch of State government;

     "compensatory damages" means damages intended to make good the loss of an injured party, and no more.  The term includes general and special damages, and does not include nominal, exemplary, or punitive damages;

     "consumer insurance rate increases" means prior approval rate increases for: personal lines property casualty coverages; Medicare supplemental coverages; or a rating system change pursuant to section 14 of P.L.1997, c.151 (C.17:29A-46.1 et seq.);

     "correctional facility" means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey;

     "department" means the Department of the Public Advocate established herein, unless the context clearly indicates otherwise;

     "elderly" means a person age 60 years or older;

     "facility" whenever referred to in sections 61 through 65 of this act, means any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency.  Facilities include, but are not limited to, nursing homes, skilled nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, residential health care facilities, special hospitals, veterans' hospitals, chronic disease hospitals, psychiatric hospitals, mental hospitals, [mental retardation] developmental centers or facilities, day care facilities for the elderly, and medical day care centers;

     "funded entity" means any party to and beneficiary of contracts with the State or its political subdivisions, including any business, corporation, association, partnership, sole proprietorship, firm, trust, organization, unincorporated organization, individual, enterprise, or other legal entity receiving public funds;

     "indigent mental hospital admittee" means a person who has been admitted to and is a patient in a mental hospital, an institution for the care and treatment of [the mentally ill] persons with mental illness, or a similar facility, whether public or private, State, county or local, or who is the subject of an action for admission as provided by P.L.1987, c.116 (C.30:4-27.1 et seq.) and who does not have the financial ability to secure competent representation and to provide all other necessary expenses of representation;

     "institutionalized elderly" means any person 60 years of age or older, who is a patient, resident or client of any facility, as described herein;

     "nominal damages" means damages that are designed to compensate a plaintiff and are less than $500;

     "public employee" means an employee of a public entity, and includes a person participating, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey;

     "public entity" means and includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State;

     "public interest" means an interest or right arising from the Constitution, decisions of court, common law or other laws of the United States or of this State inhering in the citizens of this State or in a broad class of such citizens;

     "punitive damages" means and includes exemplary damages and means damages awarded against a party in a civil action because of aggravating circumstances in order to penalize and to provide additional deterrence against a defendant to discourage similar conduct in the future.  Punitive damages do not include compensatory damages or nominal damages.

(cf: P.L.2005, c.155, s.12)

 

     79.  Section 2 of P.L.1977, c.239 (C.52:27G-2) is amended to read as follows:

     2.    As used in this act, unless the context clearly indicates otherwise:

     a.     "Abuse" means the willful infliction of physical pain, injury or mental anguish; unreasonable confinement; or the willful deprivation of services which are necessary to maintain a person's physical and mental health.  However, no person shall be deemed to be abused for the sole reason he is being furnished nonmedical remedial treatment by spiritual means through prayer alone, in accordance with a recognized religious method of healing, in lieu of medical treatment;

     b.    An "act" of any facility or government agency shall be deemed to include any failure or refusal to act by such facility or government agency;

     c.     "Administrator" means any person who is charged with the general administration or supervision of a facility, whether or not such person has an ownership interest in such facility, and whether or not such person's functions and duties are shared with one or more other persons;

     d.    "Caretaker" means a person employed by a facility to provide care or services to an elderly person, and includes, but is not limited to, the administrator of a facility;

     e.     "Exploitation" means the act or process of using a person or his resources for another person's profit or advantage without legal entitlement to do so;

     f.     "Facility" means any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency.  Facilities include, but are not limited to, nursing homes, skilled nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, residential health care facilities, special hospitals, veterans' hospitals, chronic disease hospitals, psychiatric hospitals, mental hospitals, [mental retardation] developmental centers or facilities, day care facilities for the elderly and medical day care centers;

     g.     "Government agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the State or to which the State is a party, or by any county or municipality, which is responsible for the regulation, visitation, inspection or supervision of facilities, or which provides services to patients, residents or clients of facilities;

     h.     "Guardian" means any person with the legal right to manage the financial affairs and protect the rights of any patient, resident or client of a facility, who has been declared an incapacitated person by a court of competent jurisdiction;

     i.      "Institutionalized elderly," "elderly" or "elderly person" means any person 60 years of age or older, who is a patient, resident or client of any facility;

     j.     "Office" means the Office of the Ombudsman for the Institutionalized Elderly established herein;

     k.    "Ombudsman" means the administrator and chief executive officer of the Office of the Ombudsman for the Institutionalized Elderly;

     l.      "Patient, resident or client" means any elderly person who is receiving treatment or care in any facility in all its aspects, including, but not limited to, admission, retention, confinement, commitment, period of residence, transfer, discharge and any instances directly related to such status.

(cf: P.L.1997, c.379, s.9)

 

     80.  Section 3 of P.L.1965, c.89 (C.53:5A-3) is amended to read as follows:

     3.    As used in this act:

     a.     "Aggregate contributions" means the sum of all the amounts, deducted from the salary of a member or contributed by him or on his behalf, standing to the credit of his individual account in the Annuity Savings Fund.  Interest credited on contributions to the former "State Police Retirement and Benevolent Fund" shall be included in a member's aggregate contributions.

     b.    "Annuity" means payments for life derived from the aggregate contributions of a member.

     c.     "Annuity reserve" means the present value of all payments to be made on account of any annuity or benefit in lieu of an annuity, computed upon the basis of such mortality tables recommended by the actuary as the board of trustees adopts and regular interest.

     d.    "Beneficiary" means any person entitled to receive any benefit pursuant to the provisions of this act by reason of the death of a member or retirant.

     e.     "Board of trustees" or "board" means the board provided for in section 30 of this act.

     f.     "Child" means a deceased member's or retirant's unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member's or retirant's death, is disabled because of [mental retardation] an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.

     g.     "Creditable service" means service rendered for which credit is allowed on the basis of contributions made by the member or the State.

     h.     "Parent" means the parent of a member who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death.  The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

     i.      (1) "Final compensation" means the average compensation received by the member in the last 12 months of creditable service preceding his retirement or death.  Such term includes the value of the member's maintenance allowance for this same period.

     (2)   In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final compensation" means the average annual compensation for service for which contributions are made during any three fiscal years of membership providing the largest possible benefit to the member or the member's beneficiary.  Such term includes the value of the member's maintenance allowance for this same period.

     j.     (1) "Final salary" means the average salary received by the member in the last 12 months of creditable service preceding his retirement or death.  Such term shall not include the value of the member's maintenance allowance.

     (2) In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final salary" means the average annual salary for service for which contributions are made during any three fiscal years of membership providing the largest possible benefit to the member or the member's beneficiary.  Such term shall not include the value of the member's maintenance allowance.

     k.    "Fiscal year" means any year commencing with July 1 and ending with June 30 next following.

     l.      "Medical board" means the board of physicians provided for in section 30 of this act.

     m.    "Member" means any full-time, commissioned officer, non-commissioned officer or trooper of the Division of State Police of the Department of Law and Public Safety of the State of New Jersey enrolled in the retirement system established by this act.

     n.     "Pension" means payment for life derived from contributions by the State.

     o.    "Pension reserve" means the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed on the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees and regular interest.

     p.    "Regular interest" means interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the board of trustees and the actuary.  It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of the assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%.

     q.    "Retirant" means any former member receiving a retirement allowance as provided by this act.

     r.     "Retirement allowance" means the pension plus the annuity.

     s.     "State Police Retirement System of New Jersey," herein also referred to as the "retirement system" or "system," is the corporate name of the arrangement for the payment of retirement allowances and of the benefits under the provisions of this act including the several funds placed under said system.  By that name, all of its business shall be transacted, its funds invested, warrants for moneys drawn, and payments made and all of its cash and securities and other property held.  All assets held in the name of the former "State Police Retirement and Benevolent Fund" shall be transferred to the retirement system established by this act.

     t.     "Surviving spouse" means the person to whom a member or a retirant was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of the death of the member or retirant. The dependency of such a surviving spouse will be considered terminated by the marriage of, or establishment of a domestic partnership by, the surviving spouse subsequent to the member's or the retirant's death, except that in the event of the payment of accidental death benefits, pursuant to section 14 of P.L.1965, c.89 (C.53:5A-14), the dependency of such a surviving spouse or domestic partner will not be considered terminated by the marriage of, or establishment of a domestic partnership by, the surviving spouse subsequent to the member's death.

     u.     (1) "Compensation" for purposes of computing pension contributions means the base salary, for services as a member as defined in this act, which is in accordance with established salary policies of the State for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday or shift.

     (2) In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "compensation" means the amount of base salary equivalent to the annual maximum wage contribution base for Social Security, pursuant to the Federal Insurance Contributions Act, for services as a member as defined in this act, which is in accordance with established salary policies of the State for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday or shift.

(cf: P.L. 2010, c.1, s.23)

 

     81.  R.S.54:4-3.6 is amended to read as follows:

     54:4-3.6.  The following property shall be exempt from taxation under this chapter: all buildings actually used for colleges, schools, academies or seminaries, provided that if any portion of such buildings are leased to profit-making organizations or otherwise used for purposes which are not themselves exempt from taxation, said portion shall be subject to taxation and the remaining portion only shall be exempt; all buildings actually used for historical societies, associations or exhibitions, when owned by the State, county or any political subdivision thereof or when located on land owned by an educational institution which derives its primary support from State revenue; all buildings actually and exclusively used for public libraries, asylum or schools for [feebleminded or idiotic persons] adults and children with intellectual disabilities; all buildings used exclusively by any association or corporation formed for the purpose and actually engaged in the work of preventing cruelty to animals; all buildings actually and exclusively used and owned by volunteer first-aid squads, which squads are or shall be incorporated as associations not for pecuniary profit; all buildings actually used in the work of associations and corporations organized exclusively for the moral and mental improvement of men, women and children, provided that if any portion of a building used for that purpose is leased to profit-making organizations or is otherwise used for purposes which are not themselves exempt from taxation, that portion shall be subject to taxation and the remaining portion only shall be exempt; all buildings actually used in the work of associations and corporations organized exclusively for religious purposes, including religious worship, or charitable purposes, provided that if any portion of a building used for that purpose is leased to a profit-making organization or is otherwise used for purposes which are not themselves exempt from taxation, that portion shall be subject to taxation and the remaining portion shall be exempt from taxation, and provided further that if any portion of a building is used for a different exempt use by an exempt entity, that portion shall also be exempt from taxation; all buildings actually used in the work of associations and corporations organized exclusively for hospital purposes, provided that if any portion of a building used for hospital purposes is leased to profit-making organizations or otherwise used for purposes which are not themselves exempt from taxation, that portion shall be subject to taxation and the remaining portion only shall be exempt; all buildings owned or held by an association or corporation created for the purpose of holding the title to such buildings as are actually and exclusively used in the work of two or more associations or corporations organized exclusively for the moral and mental improvement of men, women and children; all buildings owned by a corporation created under or otherwise subject to the provisions of Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes and actually and exclusively used in the work of one or more associations or corporations organized exclusively for charitable or religious purposes, which associations or corporations may or may not pay rent for the use of the premises or the portions of the premises used by them; the buildings, not exceeding two, actually occupied as a parsonage by the officiating clergymen of any religious corporation of this State, together with the accessory buildings located on the same premises; the land whereon any of the buildings hereinbefore mentioned are erected, and which may be necessary for the fair enjoyment thereof, and which is devoted to the purposes above mentioned and to no other purpose and does not exceed five acres in extent; the furniture and personal property in said buildings if used in and devoted to the purposes above mentioned; all property owned and used by any nonprofit corporation in connection with its curriculum, work, care, treatment and study of [feebleminded, mentally retarded, or idiotic] men, women, or children with intellectual disabilities shall also be exempt from taxation, provided that such corporation conducts and maintains research or professional training facilities for the care and training of [feebleminded, mentally retarded, or idiotic] men, women, or children with intellectual disabilities; provided, in case of all the foregoing, the buildings, or the lands on which they stand, or the associations, corporations or institutions using and occupying them as aforesaid, are not conducted for profit, except that the exemption of the buildings and lands used for charitable, benevolent or religious purposes shall extend to cases where the charitable, benevolent or religious work therein carried on is supported partly by fees and charges received from or on behalf of beneficiaries using or occupying the buildings; provided the building is wholly controlled by and the entire income therefrom is used for said charitable, benevolent or religious purposes.  The foregoing exemption shall apply only where the association, corporation or institution claiming the exemption owns the property in question and is incorporated or organized under the laws of this State and authorized to carry out the purposes on account of which the exemption is claimed or where an educational institution, as provided herein, has leased said property to a historical society or association or to a corporation organized for such purposes and created under or otherwise subject to the provisions of Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes.

     As used in this section "hospital purposes" includes health care facilities for the elderly, such as nursing homes; residential health care facilities; assisted living residences; facilities with a Class C license pursuant to P.L.1979, c.496 (C.55:13B-1 et al.), the "Rooming and Boarding House Act of 1979"; similar facilities that provide medical, nursing or personal care services to their residents; and that portion of the central administrative or service facility of a continuing care retirement community that is reasonably allocable as a health care facility for the elderly.

(cf: P.L.2001, c.18, s.1)

 

     82.  R.S.54:5-84 is amended to read as follows:

     54:5-84.  If a delinquent owner or lienor shall be, at the time of the expiration of the time limited for the redemption of the real estate in which he is interested, an infant under the age of twenty-one years, or [an idiot] a person with an intellectual disability, or [then shall have] who has been judicially adjudged a person [of unsound mind] in need of a guardian, the right to redeem shall not be barred by service of notice as provided in this article so long as such impediment shall continue, but shall be barred only by an action to foreclose brought in the Superior Court.

(cf: P.L.1953, c.51, s.33)

 

     83.  (New section) a.  Nothing in this act shall be construed as intended to result in a reduction of federal funds that may be available to the State.

     b.    Nothing in this act shall be construed to alter or otherwise affect the current or future protections, funding, eligibility, services, rights, or responsibilities of any person under any provision or program, benefit, or service whose terminology is revised pursuant to this act.  No change in terminology made pursuant to this act shall be construed as causing or intending any change in any definitions or meanings of any provision so changed.

     c.     Whenever the terms “mentally retarded,” “mental retardation,” “idiot,” and “feeble-minded” occur or any reference is made thereto in any law, regulation, contract, or document, the same shall be deemed to mean or refer to “person who is intellectually disabled” or “person with an intellectual disability.”

 

     84.  The following are repealed:

     N.J.S.2A:41-1;

     P.L.1955, c.201 (C.30:4-177.20 et seq.);

     R.S.30:11-1 through 30:11-4;

     P.L.1947, c.340 (C.30:11-6 through 30:11-9); and

     P.L.1964, c.148 (C.30:11-1.1 et seq).

 

     85.  This act shall take effect on the 90th day following enactment.


STATEMENT

 

     Language used in reference to individuals with intellectual and other disabilities shapes and reflects the attitudes of society toward persons with disabilities.  Certain terms are demeaning and disrespectful, and create a barrier to the inclusion of people with intellectual and other disabilities as valued members of our community.

     It is, therefore, in the public interest to ensure that the statutes and regulations of the State do not contain language that is outdated and disrespectful to persons with disabilities.  In this regard, this bill deletes all references in the statutes to the terms “mental retardation,” “mentally retarded,” “idiot,” and “feeble-minded” and replaces them with the term “intellectual disability,” using “person-first” language.  “Person-first” language is language that refers to an individual as a “person with a disability,” rather than as a “disabled person.”

     The bill also updates and replaces references in Title 30 of the Revised Statutes to “mentally retarded” and “mental retardation” with the broader terms “developmentally disabled” and “developmental disability,” to reflect the fact that the Division of Developmental Disabilities in the Department of Human Services serves persons with developmental disabilities, not just persons with intellectual disabilities.

     It is the intent of the sponsor that upon enactment of this bill, all future legislation reflect this more respectful terminology.  Further, it is the intent of the sponsor that all affected State agencies continue to use documents already in print although they may contain terminology in use prior to the enactment of this bill, and that all State regulations and documents, when they are readopted or revised, similarly incorporate the more respectful terminology used in this bill.

     The bill also repeals the following statutes, which are no longer operative:

     N.J.S.2A:41-1, which concerned detaining certain persons in civil actions;

     P.L.1955, c.201 (C.30:4-177.20 et seq.), which established the E.R. Johnstone Training and Research Center, which was closed in 1992; and

     R.S.30:11-1 through 30:11-4, P.L.1947, c.340 (C.30:11-6 through 30:11-9) and P.L.1964, c.148 (C.30:11-1.1 et seq), which authorized the Commissioner of Institutions and Agencies to regulate hospitals and other health care facilities.  This authority was transferred to the Department of Health and Senior Services in 1971.