GOVERNOR CORZINE TAKES ACTION ON LEGISLATION

GOVERNOR CORZINE TAKES ACTION ON LEGISLATION  

TRENTON – Governor Jon S. Corzine today took action on the following legislation:

SCS for S-241, 394, 1098 (SCS) and 710/ACS for A-1612, 385, and 1781 (Adler, Bateman, Smith, Haines/McKeon, Diegnan, Rudder, Fisher, Gusciora, Greenstein) – Exempts certain renewable energy systems from real property taxation

S-613/A-1614 (Vitale, Buono/McKeon, Vainieri Huttle, Love) – Prohibits sale of certain flavored cigarettes

S-1307/ACS for A-2542 and 1040 (Sarlo, Vitale/Scalera, Wisniewski, Vainieri Huttle, Love) – Authorizes municipalities operating under State fiscal year to revert to calendar fiscal year

S-1913/A-2966 (Sarlo, Madden/Cohen, Egan, Giblin) – Increases power of judges of compensation to enforce workers’ compensation law

S-1914/A-2967 (Sarlo, Cunningham/Egan, Cohen, Giblin, Barnes) – Strengthens enforcement against employers for failure to provide workers’ compensation coverage

SCS for S-1915/A-3059 (Sarlo, Cunningham/Cohen, Egan, Giblin) – Requires proof of workers’ compensation coverage with certain legally required annual reports of employers

S-1916/A-2968 (Sarlo, Pennacchio/Egan, Cohen, Giblin, Barnes) – Concerns emergent medical care under workers’ compensation

SCS for S-1917/ACS for A-2969 (Sarlo, S. Kean/Cohen, Egan, Giblin, Evans, Barnes) – Revises membership of Compensation Rating and Inspection Bureau and clarifies its authority

SCS for S-1918/ACS for A-2970 (Sarlo, Madden/Egan, Cohen, Giblin, Barnes) – CONDITIONAL VETO - Requires Insurance Fraud Prosecutor to establish liaison with DOLWD and authorizes its investigation of cases of failure to provide workers’ compensation coverage

The Governor issued the following conditional veto message on Senate Committee Substitute for Senate Bill No. 1918:

To the Senate:

            Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Committee Substitute for Senate Bill No. 1918 (First Reprint) with my recommendations for reconsideration.

This bill would require the Office of the Insurance Fraud Prosecutor in the Department of Law and Public Safety, Division of Criminal Justice, to add the Department of Labor and Workforce Development to the roster of enumerated entities with which the Office of the Insurance Fraud Prosecutor has a liaison relationship.   The bill would also authorize the Office of the Insurance Fraud Prosecutor to investigate and prosecute employers who fail to provide workers’ compensation insurance coverage as required by N.J.S.A. 34:15-79, with the limitation that the employer has been “given a reasonable opportunity to obtain that coverage.”

I commend the sponsors of this bill for their efforts to address the serious problem of employers who fail to protect their employees with the compensation insurance required by law, leaving them without a sure avenue to obtain necessary medical treatment.  The sponsors’ sincere efforts to improve the workers’ compensation delivery system are laudable.  I cannot, however, approve this bill without proposing a small number of technical amendments to ensure that this measure is not construed to limit or impede the conduct of criminal investigations and prosecutions by prosecutorial agencies of the State.  

            Accordingly, I herewith return Senate Committee Substitute for Senate Bill No. 1918 (First Reprint) and recommend that it be amended as follows:

 Page 2, Section 2,

Line 38 to Line 39:                                           After “coverage” delete “after being given a reasonable opportunity to obtain that coverage”

 Page 2, Section 2,

Line 41:                                                            After “Statutes.” insert “The Commissioner of Labor and Workforce Development shall not refer any case of failure to provide required workers’ compensation insurance coverage, or self-insurance for such coverage, for criminal prosecution unless the employer has been afforded a reasonable opportunity to obtain that coverage.  The provisions of this section are not jurisdictional, and the failure to afford such opportunity shall not in any manner be construed as a prerequisite to a criminal prosecution or conviction.”

 Page 2 Section 2,

Line 42:                                                            After “Prosecutor” insert “or any other prosecutorial entity”

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