Legislation aimed at increasing penalties for environmental bad actors would unfortunately create a regulatory nightmare for other businesses by imposing criminal penalties for even minor violations, NJBIA told the Senate Environment Committee at a recent hearing. NJBIA Vice President David Brogan testified against S-2650 (Vitale/Buono), which would increase maximum fines and penalties for violating a host of New Jersey environmental laws.

Bill sponsors claim that they simply want to crack down on willful polluters who flout New Jersey’s environmental laws, but Brogan told the committee that the bill goes far beyond the stated intent. A business that fails to renew a permit, for instance, could be subject to criminal penalties, including jail time.

The measure also would heap massive penalties on businesses that simply make a mistake filling out a form, a report or other document. Even violations that are clearly clerical errors—transposed numbers or incorrectly transcribed data—would be treated as if they were willful violations. Businesses could face fines of up to $50,000 per day.

The bill would also give the New Jersey Department of Environmental Protection (DEP) a financial incentive to find violations. Revenues from environmental-damage fines would go directly to the DEP. Under current law, fines go to the General Treasury to fund the State budget.

Finally, the bill appears to make it possible for individuals to file Natural Resources Damage (NRD) lawsuits against a company. Typically, NRD lawsuits are brought by the State to compensate the public for the loss of natural resources to pollution. The bill stipulates that compensatory damages for privately held resources can be paid to any person who has been aggrieved. NJBIA believes the State should be the only party authorized to litigate Natural Resource Damages. The bill could be considered by the Senate Environment Committee as early as June 14. For more information, contact at ext. 236.

NJBIA Urges Employers to Submit Comments on ID Theft Regulations—NJBIA urges affected businesses to submit comments to the NJ Division of Consumer Affairs on its proposed identity theft regulations that would impose unreasonable requirements on any business that maintains personal information on customers.

The proposed regulations would implement the 2005 Identity Theft Protection Act, but they are unreasonable, go far beyond what was authorized by law, and would create a bureaucratic nightmare for thousands of New Jersey employers. Every business with computerized records containing personal information would be affected. The law maintains a reasonable balance between the need to protect against identity theft and the ability of a business to address a security breach. The regulations, however, would mandate unreasonable time limits for consumer notification, subject businesses which don’t comply to penalties under the Consumer Fraud Act, and expose employers to legal liability.

The draft regulations can be viewed at the NJ Division of Consumer Affairs Web site. Comments are due to the Division by June 15, 2007, and should be submitted to Stephen. B. Nolan, Acting Director, Office of the Director, NJ Division of Consumer Affairs, 124 Halsey Street, P.O. Box 45027, Newark, NJ 07101. They can also be submitted electronically as a memo attachment to nolans@dca.lps.state.nj.us. For more information, contact at ext. 260.

Robinson Promoted to First Vice President—NJBIA Vice President Frank Robinson has been promoted to First Vice President for Transportation and Grassroots Affairs by the NJBIA Board of Trustees. Robinson, a vice president for NJBIA since 2002, heads up NJBIA’s member grassroots lobbying efforts and serves as executive director of the Employer Legislative Committees.

Robinson has an extensive background in New Jersey politics. Before joining NJBIA, he served as executive director of the Assembly Democratic Office, where he had worked for the previous nine years. Robinson also served as a political and public relations consultant from 1986 to 1993. He was co-owner of a firm that provided campaign management, strategic planning and fund-raising services to many Democratic candidates, including US Senator Frank Lautenberg and Congressman James Florio.

"Frank is an outstanding person who brings tremendous knowledge, experience and energy to the Association," NJBIA President Philip Kirschner said. "He has done an excellent job of bringing NJBIA members together to form a strong grassroots operation."

Employer Legislative Committees State Dinner, June 20—Don't miss New Jersey's top two law enforcement officials, NJ Attorney General Stuart Rabner and US Attorney Christopher Christie, who will be the featured speakers at the State Employer Legislative Committee (ELC) Dinner sponsored by Bank of America. The dinner is one of New Jersey's top networking events, where you will get the chance to meet the State's top business leaders over dinner.

This event will be held at the Hyatt Regency Princeton. Cocktails are at 6:00 p.m. and the dinner is at 7:00 p.m. Register online now, or download our event brochure. For additional information, contact at 609-393-7707, ext. 219.

Attend NJ Cultural Treasures Symposium, June 25—Hear Secretary of State Nina Mitchell Wells speak at "Investing in Our Cultural Treasures & Destinations = Economic Vitality," a symposium held by the NJ Department of State, NJ Historical Commission, NJ State Council on the Arts, and co-sponsored by NJBIA. Discover how State leaders have built more vibrant communities through investing in the arts, history and culture, and learn how you can access tools and resources to realize economic benefits for your community. Admission is free. Reserve your seat or learn more about the event.

Reserve Your Tee Time for NJBIA Golf & Tennis Day, July 17—NJBIA will hold its 37th Annual Golf & Tennis Day at Forsgate Country Club in Monroe Township (exit 8A - NJ Turnpike). The event is one of the State's major business outings, attracting over 250 golfers each year.

Download our registration form or contact at 609-393-7707, ext. 219, for more information about sponsorship.

Raise Your Visibility. Become an Event Sponsor—Golf & Tennis Day. NJBIA's Meet the Decision Makers series. First-rate events like these offer your company an excellent opportunity to reach their target audiences and heighten their visibility as an event sponsor. Learn more about becoming an NJBIA sponsor online or contact at 609-393-7707, ext. 219.