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Assemblywoman Rose Marie Heck
New Jersey General Assembly, 38th District, Bergen County
Serving the communities of: Cliffside Park, Edgewater, Elmwood Park, Fair Lawn, Fort Lee, Hasbrouck Heights, Little
Ferry, Lodi, Paramus, Ridgefield, Saddle Brook, South Hackensack, Teterboro |
Email:
Rose Marie Heck |
Legislation Initiatives:
General
Television Appearance Long-Distance Telephone Service Expedite BPU Processes Homeless Shelter
"Grandstand Energy Deregulation" Increase Options On Income Tax Contribution Preventing Computer Crime Advances Fire Safety Evacuation Training Need for Korean-Speaking Teachers
Heck Bill to Protect Consumers Who Purchase Computers (New) Satellite Phone Bill Wins Release (New) Bill Tightens Driver's License Issuance Rules (New)
$10 Million Allocated for Open Space and Park Development (New) Heck Honors Felician Order Sister for Carrying Olympic Torch (New)
Heck Leads Colleagues in Tackling Food Shortage at County Food Centers (New) Terrorism
Bill Would Empower Governor to Fire Poet Laureate for Terror-Based Poem (New)
Heck Calls on Democrats to Move Recent Legislation Designed to Protect New Jersey Residents from Terror Attacks (New) Medical
Bill Requires Insurers to Cover Metabolic Disease Treatments The Electrology Practice Act Signed Into Law Health Insurance for Bergen Pines Employees, 1998
Finance Bill Ends Administrative Penalty for Local School Districts Procurement Reform
Property Tax Rebates Accelerated
Legislation Seeks to Increase State Revenues Through Tax Amnesty Program (New) Assemblywoman Heck Objects to Ahearn's Vote for Death Tax (New)
Women Women's Heritage Trail Commemorate 150th Anniversary of Women's Rights Convention
Children
Protection Against Internet Child Exploitation
Create Four Child Abuse/Neglect Treatment Centers
Interstate Child Support Reform
Assembly Child Care Package Wins Approval Kids Count Survey Children's Summits Held in New Jersey
Heck Expresses Outrage that McGreevey Puts Politics Over Children's Safety (New) Heck Sponsors Third Annual Children's Summit (New)
Domestic Violence
Assembly Task Force -- Second Public Hearing Assembly Task Force -- Third Public Hearing Assembly Task Force -- Unveils Final Recommendations Domestic Violence Awareness Month Aiding Battered Spouses
Seniors Reports on Elderly Abuse
Create Elderly Task Force Modify PAAD Limits and Costs Clarify Elderly and Disabled Neglect Fight Against Consumer Rip-offs Defining Neglect of Elderly and Disabled New Bill Requires Reports of Elderly Abuse (New)
Legislation Adds Securities Fraud as Violation Covered by the Consumer Fraud Act (New)
Criminals and Sex Offenders
Revised Sentencing Procedures Becomes Law Commitment Bill Becomes Law Financial Immunity for Children of Sexual Abusers Funding Against Sexual Assault Advances Heck Bill Seeks to Prevent the Early Release of Violent Predators (New) Judicial Training Sought for Handling of Sex Offense Cases (New) Trantino Keeping Trantino in Prison Update:
Light Rail/Transportation 1998 Light Rail Transit Report: New Plan to Revitalize Transit System, Bergen County Businesses
Heck Welcomes McGreevey Administration On Board for Transportation Issues (New) Heck Warns New York not to Impose Commuter Tax (New)
Utilities Television Appearance Long-Distance Telephone Service Expedite BPU Processes
Meadowlands State Voters Should Voice Opinion on Meadowlands
Schoolchildren's Letters About Meadowlands
General
Television Appearance Assemblywoman Rose Marie Heck (R-Bergen) appeared on "Caucus: New Jersey" to discuss the effectiveness of
the Federal Telecommunications Act of 1996 which sought to open local telephone markets to free competition,
while permitting local carriers to enter the long-distance market. Entitled, "Opening the Line: The Great Telephone
Debate," this two-part special looked at how competition in the telecommunications industry might affect the business community and the development of new technologies. ###
Long-Distance Telephone Service On August 24, 1998, Governor Whitman signed into law legislation, co-sponsored by Assemblywoman Rose
Marie Heck (R-Bergen), which will help prevent unauthorized changes of telecommunications providers.
The measure, a committee substitute for A-2082 and A-860, will establish a set of procedures for authorizing
changes in customers' telecommunications provider to prevent them from doing so without the customers'
permission. When an authorized change in provider is made, the new provider must inform the customer within 30 days.
Previously, New Jersey had no law establishing procedures for authorizing changes. The Board of Public Utilities will be authorized to impose a civil penalty upon the offender of up to $2,500 per offense.
###
Expedite BPU Processes Legislation co-sponsored by Assemblywoman Rose Marie Heck (R-Bergen) which would increase the efficiency
of processing orders by the Board of Public Utilities (BPU) passed the Assembly June 18, 1998.
The measure, A-1326, would require the BPU to issue all orders in writing at the same time they are issued orally.
If a matter is of particular complexity, a 14 day extension may be granted. The bill also requires that a majority of Board members be present at evidentiary hearings.
All orders would be submitted to affected parties, as well as the Assembly Speaker and the Senate President. In
addition, the Speaker and Senate President would convey the order to the chair of the appropriate legislative committee.
"This process has long been burdensome and inefficient," said Heck. "All too often the necessary paperwork for
these orders is issued weeks, occasionally even months, after the order is announced. Orders placed in a timely fashion are necessary to assure that affected parties can act quickly and properly."
###
Homeless Shelter Assemblywoman Rose Marie Heck (R-Bergen) and Chistopher "Kip" Batememan (R-Morris) introduced
legislation appropriating $100,000 in state funding to help keep open the Somerset County homeless shelter, Agape House.
Located in Somerville, this 55-bed shelter occupancy has dramatically decreased and is operating at a deficit due
to a rule change under the Work First New Jersey Program requiring homeless shelter residents to contribute 65 percent of their income to their housing provider.
"We support welfare reform in New Jersey," said Heck. "We also realize that any new program, such as Work
First New Jersey, may require some fine-tuning to make it function the way the Legislature and Governor
intended. The 65 percent rule appears to work against shelters. In the case of Agape House, we need to provide additional state assistance to help keep its doors open to the needy." ###
"Grandstand Energy Deregulation" Assemblywoman Rose Marie Heck (R-Bergen), Chair of the Assembly Policy & Regulatory Oversight Committee
criticized Assembly Democrats of "grandstanding" by proposing a separate, seven-bill package on energy deregulation.
Heck said, "As chair of this Committee, I have consistently said that I hoped there would be no grandstanding on
this issue. From the onset, we have proposed amendments as we've gone along, including my amendment on
aggregation, and we will act on them at the end of the hearing process. This is too serious a matter to play
grandstand politics. I can't understand why the Democrats decided not to share their proposals with the
Committee. I was hoping we could move forward with this issue in a bipartisan manner, but clearly, the democrats' action were purely political and unacceptable." ###
Increase Options On Income Tax Contribution Assemblywoman Rose Marie Heck (R-Bergen) and Joe Azzolina (R-Monmouth, Middlesex) co-sponsored
legislation (A-2497) that would increase the value of the amounts specified for contributions to special funds made
through the gross income tax return, and was approved by the full Assembly 78-0, November 23, 1998.
This bill would change the taxpayer charitable gift check-offs on the State tax return to $10 and $20, or other
amount. There are currently five checkoffs authorized for inclusion: the Endangered and Nongame Species of
Wildlife Conservation Fund; the Children's Trust Fund; The Vietnam Veterans' Memorial Fund; the Cancer Research Fund and the Battleship New Jersey Memorial Fund.
This bill also extended the Vietnam Veterans' taxpayer check-offs by one year, from December 31, 1998 to
December 31, 1999. This bill also would change the name from Battleship New Jersey Memorial Fund to USS New Jersey Educational Museum Fund.
"The check-off system of gift contribution has proven to be a successful fund-raiser in the past, and is a wonderful
way for the public to get involved in helping these important organizations," said Heck. This bill was merged with Senate legislation. ### Preventing Computer Crime Advances Legislation sponsored by Assembly members Rose M. Heck and Nicolas R. Felice that would establish a program
to train municipal and county law enforcement officers to detect computer crimes was released on June 4, 2001 by the Assembly Law and Public Safety Committee.
The measure (A-3581) would require the Division of Criminal Justice to release the program being pursued by
way of this bill to any county or municipality that requests it. The program would include the following:
- Criminal investigations in which computers, telecommunications or other high technology instruments are used in the commission of a crime;
- Forensic recovery;
- Evidence preservation and analysis of data in computer systems suspected of use in illegal activity which have been seized by law enforcement officers;
- Monitoring the use of interactive computer services by persons contacting or seeking to contact children under age 18 for purposes of unlawful sexual activity;
- Cooperation between law enforcement agencies at the local, state and federal levels to coordinate efforts in investigating and prosecuting criminal activity involving computers.
"We have ascertained through our hearings that the State Police has one of the most advanced and aggressive
units on investigating crimes committed with computers," said Heck. "Anything we can do to solidify and enhance
our concerted efforts will have a positive effect on the safety and well-being of our children." ###
Fire Safety Evacuation Training
Legislation sponsored by Assembly Members Rose M. Heck and John V. Kelly that would establish a three-year
pilot program to provide fire safety evacuation training for certain care-givers was released on May 3, 2001 from the Assembly Law and Public Safety Committee.
The bill (A-3414) would appropriate $100,000 towards the program, which would give caregivers training on
how to respond to a fire emergency in a state-administered or state-funded facility which houses seniors,
developmentally disabled or mentally ill patients. The program will be tested in facilities in Bergen, Essex, Hudson, Passaic, and Sussex counties.
"Individuals living in these facilities have special needs, which often present unique circumstances that need to be
addressed in rescue situations," said Heck. "We need to assure patients, staff and their families that rescuers have
the ability to safely and expeditiously remove patients from harm in case of a fire." ###
Demand Increased for Korean-speaking Teachers Legislation sponsored by Assembly members Rose Heck and Guy Talarico is designed to help attract
Korean-speaking teachers from other states to New Jersey and create a pilot program offering teachers basic Korean-language skills to help them better communicate with students.
The bills, A-2813 and A-2816, would help equalize the grossly inadequate ratio between the number of
Korean-speaking pupils and teachers in New Jersey school districts with large Korean student populations. Bill
A-2813 would establish a three-year pilot program in the Palisades Park school district to provide teaching staff
members with Korean language classes. Bill A-2816 would allow individuals who are certified teachers in other
states to teach in the Garden State provided they obtain New Jersey teacher certification within their first year of employment.
"Palisades Park, which has the state's largest concentration of Korean students, employs only one
Korean-speaking teacher," Heck said. "Although the district provides a good education now, the situation could
only improve with a greater number of teachers who understand the language the children speak at home." ###
Heck Bill to Protect Consumers Who Buy Computers Legislation sponsored by Assembly members Nicholas Felice and Rose M. Heck that would establish guidelines to
computer manufactures in an effort to provide certain protections to computer purchasers was released today from the Assembly Consumer Affairs and Regulated Professions committee.
The Felice-Heck bill, A-3724, would require manufacturers to secure an acknowledgment of the rights established
by the bill, which would be signed by the purchaser of the computer. Manufacturers also would have to disclose
the names of software programs or combinations of programs that will cause operating problems. Under the bill,
the consumer is entitled to repairs by the manufacturer during the first two years after the date of purchase, or if
there is a warranty or service contract, the longer time stated in that contract. The measure would establish
procedures and time frames for notifying the manufacturer of repairs, and second opportunities to repair the computer.
If the second repair is ineffective, the consumer would have the choice to receive a full refund or a new computer
of equal or greater value. If after two attempts the manufacturer is unable to fix the problem, the consumer may
accept a replacement computer or a full cash refund, which would include finance charges and collateral costs
incurred by the consumer. Additionally, the manufacturer would be prohibited from reselling computers that have
been returned because of a defect unless full disclosure of the reasons for return is made to any prospective buyer.
"Today, there are millions of people who own a computer, and yet, no practical system exists to protect
consumers when their computer malfunctions," said Heck, R-Bergen. "Our bill would require manufacturers to
make the repair at the consumer's location without charge within five business days, or if onsite service is not
provided by the warranty, the manufacturer would arrange and pay for the cost of shipping to and from the consumer's location.
"Consumers need to know that they do have options after buying a defective computer," Heck said. "Most importantly, computer manufacturers need to give purchasers peace-of-mind that
the product will operate up to the high standards consumers need and deserve." ###Heck Satellite Phone Bill Wins Release
Legislation that would fund creation of a $2.5 million satellite telephone grant program in the State Office of
Emergency Management was released on November 19, 2001 from the Assembly Appropriations Committee. The bill, A-1510, which would disperse the money to the OEM through the New Jersey Department of Law and
Public Safety, is sponsored by Assembly members Rose M. Heck, Guy Talarico, and Kenneth LeFevre.
"We learned the hard way following the fall 2000 floods that devastated parts of North Jersey that satellite communications are a necessity," said Heck. "The horrendous attacks of
September 11 again underscored the need for emergency officials' access to more technologically advanced communications equipment." ###
Heck Bill Aimed at Tightening Driver's License Rules
Legislation aimed at strengthening requirements for issuing driver's licenses and nondriver identification cards to
non-US citizens living in New Jersey was released on November 19, 2001 from the Assembly Appropriations
Committee. The Bill, A-28, is sponsored by Assembly members Rose M. Heck and Richard H. Bagger.
Current New Jersey driver's licenses are valid for four years. The Heck-Bagger measure would permit the New
Jersey Department of Motor Vehicles to issue driver's licenses and nondriver identification cards to noncitizens
with proper visa documentation that are valid only for the time the visitors are authorized to be here if the visit is to
last less than four years. The DMV would renew the license or ID card only if the noncitizen could prove he or
she is authorized to remain in the country. This bill also would require all licenses issued to noncitizens to include the visitor's photo.
"After discovering that some of the terrorists who perpetrated the Sept. 11 attacks possessed New Jersey driver's licenses or falsified documents, we realized we need a better system for
issuing official credentials," said Heck. "By making driver's licenses and visas expire simultaneously, we can better ensure visitors adhere to the stipulations of their stay." ### Heck Expresses Outrage that McGreevey Put His Political Future Above the Safety of Children
Assemblywoman Rose Heck said on October 31, 2002 that she was upset that Governor McGreevey would cut a
deal with the National Rifle Association to stymie legislation mandating "child-proof" handguns at a time when McGreevey was publicly advocating such a law.
"The idea that Governor McGreevey would work with the gun lobby to block this legislation just to protect his
future political aspirations is appalling," said Heck. "It is unacceptable that the Governor would put the safety of
our children on the back-burner so that he can position himself for future personal political advancement."
Heck said that the situation is shocking precisely because last year McGreevey made such a huge issue of his support for smart-gun legislation.
"In case anyone has forgotten what happened just one year ago, Governor McGreevey campaigned as a proponent of gun-control," said Heck. "To now learn McGreevey was at the same time meeting with, and
partnering with, the very gun lobby he told voters he would oppose has exposed the Governor's game playing with New Jersey voters.
"It appears that the Governor advocated child-proof handguns last year for purely political purposes, and now is opposing child-proof handguns – for purely political purposes. In the
process, I believe Governor McGreevey has now become the poster child for why voters are cynical about their elected leaders." ###
Assemblywoman Heck Sponsors Third Annual Children's Summit
Assemblywoman Rose Heck hosted her third "Children's Summit" on Friday, November 15, 2002 focusing on a
variety of educational and health care issues facing children. The event, held at Hackensack University Medical
Center, will feature speeches from a variety of experts on children's issues, and will be highlighted by a keynote address from Education Commissioner William Libreria.
"The first two summits were a tremendous success, and so was today's event," said Heck. "We heard from a
number of experts on a variety of topics and I think this provided an excellent opportunity to put the spotlight on some of the key issues affecting our children."
The event began with a welcome address from Assemblywoman Heck at 8:30 AM. There were a number of morning speeches, a luncheon keynote address from Commissioner Libreria, and then several afternoon
workshops. Among the topics covered in the morning were "Pharmacotherapy in Children," "Adhd and
Autism in Children," "Linking the Brain, Mind, Teaching and Learning," and "Nutrition from Infancy to Adolescence." The afternoon workshops included panel discussions on child
development, core curriculum standards, and early childhood intervention.
Heck Bill Allocates More than $10 Million for Open Space and Park Development Legislation sponsored by Assembly members Rose Heck and John Gibson that would appropriate $10.8 million
for local government open space acquisition and park development projects was released today by the Assembly
Appropriations Committee. The Measure, A-3941, would allocate the funding from various Green Acres bond funds.
"Future generations of residents need to understand why New Jersey is known as "The Garden State," said Heck. "Additional open space acquisition and park development would ensure that
land is maintained and preserved, thus enriching our environment and allowing families the opportunity to visit untouched reserves throughout the state." ###
Heck Presents Resolution Honoring Felician Order Sister for Carrying Olympic Torch
Assemblywoman Rose Heck presented Wednesday a ceremonial resolution to Sister Mary Timothy of Felician
College in Lodi, honoring the sister for her many accomplishments including her participation in the Olympic Torch relay last December.
"Sister Mary Timothy has accomplished so many great things that have benefited so many people not just here in
Bergen County, but throughout the world, that it is only fitting we recognize her with this resolution," Heck said.
"We not only want to commend Sister Timothy for being one of the few individuals given the honor of carrying the
Olympic Torch, but also for the many positive things she has accomplished in carrying out her life's work."
Sister Mary Timothy was one of the 7,200 people selected out of 210,000 applications to carry the torch and did so on December 23, 2001 in Staten Island, New York. She has worked as a
grade school and secondary school teacher, she has helped out in hospitals, and she has done missionary work in Mexico and South America. The Sister also once donated a kidney to one of her colleagues.
###
Heck Leads Bergen County Colleagues in Tackling Shortage at Bergen County Food
Donation Center Assemblywoman Rose Heck announced Wednesday that she and other area legislators will open up their offices
to accept food donations in an attempt to help the Elmwood Park-based Center for Food Action in its efforts to combat a recent shortage in food supplies for people in need.
"As legislators we need to do everything we can to extend a helping hand to those organizations that provide
assistance to citizens in need of food and shelter," Heck said. "The Center for Food Action provides these services, and they are now confronting a dramatic shortage of food supplies."
The Center reports that it has experienced a steady increase in the number of people coming to the facility since the end of last summer, but that food donations to the Center have not kept pace.
Heck announced Wednesday that she will open her legislative office to accept food donations on the Center's behalf during regular business hours in order to make it more convenient for
area residents to donate food to the Center. In addition to opening her own office, Heck has received commitments from Assembly Members Kevin O'Toole, John Rooney, David Russo,
Charlotte Vandervalk, and Senators Henry McNamara and Gerald Cardinale, to open their offices to help with the food collection. ###
Terrorism
Heck Introduces Legislation Empowering Governor to Fire Poet Laureate Assemblywoman Rose Heck and Assemblyman Joseph Malone have introduced legislation that would permit
Governor McGreevey to fire Amiri Baraka, the state's poet laureate, if he continues refusing to step down from
his post after writing a poem that implies Israel and American Jews had advance knowledge of the September 11 terrorist attacks.
"Mr. Baraka's work is a direct attack not only on the nation of Israel, but on every American of the Jewish faith,"
Heck said. "It is an inflammatory and divisive poem meant to divid people along ethnic and religious lines. Mr.
Baraka should step down from his post immediately, and if he will not, Governor McGreevey should be given the power to fire him."
Baraka's poem makes an unsubstantiated indictment of Israeli Prime Minister Ariel Sharon's knowledge of the
attacks against the United States and implies that Jewish workers stayed home from the World Trade Center because they knew of the impending attack.
"Not only is this poem offensive, it is particularly hurtful to the families of those who died in the 9/11 terrorist attacks," Heck stated. "Many families in my district, of many ethnic and
religious backgrounds, lost loved ones on that day." ###
Heck Calls on Democrats to Move Legislation Designed to Improve New Jersey's Emergency Management Communications Capability
Assemblywoman Rose Heck said on Tuesday, November 19, 2002 that while she understands the need for the
state government to continue operating in the wake of a disaster, she wishes the Assembly Democrats would
show as much interest in legislation to help protect the general public in the wake of terrorist attacks as they have with measures dealing with the aftermath of such an attack on the Legislature.
"I have introduced a legislation that would help to improve the ability of emergency management personnel to
communicate while responding to a terrorist attack, but the Democrats have failed to act on these bills," said
Heck. "This is very important legislation deserving of our consideration and I cannot understand why these bills have not moved."
Heck's comments came after the Assembly Democrats posted legislation on Monday's General Assembly voting
list that would outline the steps to be taken to replace members of the Legislature should more than half of that governing body lose their lives in a terrorist attack.
Among the bills Heck has introduced is A-155 which would create a $5 million grant program to provide local
emergency response personnel with satellite phones that are more reliable in a disaster than phones that rely on land-line or antenna communications.
Heck has also introduced legislation, A-1971, that would establish the State Public Safety Wireless
Communications Coordinating Council. This body would be charged with studying the ability of different
government agencies to communicate across jurisdictions in the case of an emergency such as a terrorist attack.
"Perhaps instead of worrying only about what happens to the Legislature after an attack, we should also be
worried about providing emergency personnel with the tools they need to effectively respond to these attacks
should they occur," Heck said. "Both of these bills would improve the ability of New Jersey's emergency management personnel to effectively communicate in the wake of a large scale terror attack."
Heck noted that a number of other states have such a wireless communications council, including California, Oregon, Illinois, Nebraska, Montana, and Wyoming.
"Given the fact that protecting our citizens is our highest priority, I would think that these bills would rate high on the Democrats' agenda," Heck said. "I hope the Speaker will consider
posting my bills for a vote soon." ### Medical Bill Requires Insurers to Cover Metabolic Disease Treatments Bill (A-2506), sponsored by Assemblywoman Rose Marie Heck (R-Bergen) that will direct hospitals, medical and
health service corporations, insurers, and HMO's to provide coverage for the treatment of inherited metabolic
diseases, including the purchase of specially modified foods, was signed into law by Governor Whitmam, January 20, 1998.
Heck said, "... that among the diseases covered in phenylketonuria, a genetic metabolic disorder that results in
mental retardation and neurological deterioration if a very strict low protein diet is not maintained. To those who
suffer from these disorders, medical modified food is as important as prescription medication. Specifically
formulated medical foods are critical in their diet management and are necessary to prevent mental retardation in
the children who have PKU. This new law will help assure that those suffering from these afflictions are able to lead healthy, normal lives." ###
The Electrology Practice Act Signed Into Law
Legislation sponsored by Assemblywoman Rose Marie Heck (R-Bergen) that will provide for the licensing of electrologist and electrology instructors was signed into law by Governor Whitman January 8, 1998.
The measure, (A-2407), establishes a five-member "Electrologist Advisory Committee" in the Division of
Consumer Affairs, under the jurisdiction of the State Board of Medical Examiners. The Committee will consist of
a New Jersey licensed physician, three electrologist, and one public representative for consumer interests.
Heck said, " The Committee's purpose will be to advise the State Board of Examiners' regarding standards of
practice, licensing qualifications, electrology education programs, and inspection of electrologist's offices. The
Committee would have to establish the professional standards and ensure that electrologists have met these standards. "
The bill will define electrology as the removal of hair permanently through the utilization of solid probe
electrode-type epilation, including thermolysis and electrolysis. The new law will further require that anyone
seeking an electrologist's license must be 18 years old; possess a high school or equivalent diploma; complete an
electrology training program with at least 200 hours of theory and at least 400 hours of clinical instruction; and pass an examination administered or approved by the Board of Medical Examiners. ###
Health Insurance for Bergen Pines Employees
Resolution (AR-82), co-sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and George Geist (R-Camden, Gloucester), urges the Commissioner of Health and Senior Services, in consultation with
Commissioner of Labor, to review health insurance coverage offered to employees of the Bergen Pines County
Hospital by Solomon Health Group; and, if the coverage is found inadequate, to withhold charity care subsidies. This bill was approved by the full Assembly 75-0, May 28, 1998.
Bergen County recently transferred ownership of Bergen Regional Hospital from the county to the Bergen County
Improvement Authority (BCIA) through a long-term lease, and the BCIA has subcontracted management and day-to-day operation of the hospital to Solomon Health Group.
"Solomon Health Group is offering the employees health insurance coverage that appears to be substantially lower
in value, with different terms and conditions regarding dependent coverage," said Heck. "Current state law on
charity care funding requires hospitals to provide equivalent health insurance when a change in ownership or
management occurs. Clearly, the hospital employees should be treated fairly, and we are urging the Commissioner to take serious action." ###
Finance
Bill Ends Administrative Penalty for Local School Districts Bill (A-2312), sponsored by Assemblywoman Rose Maire Heck (R-Bergen) and David Wolfe (R-Ocean,
Monmouth), stops the State Department of Education from penalizing school districts with an outdated
administrative penalties law. This bill was released by the Assembly Education Committee by a vote of 8 to 0, October 5, 1998 and now heads to Assembly Appropriations Committee for consideration.
This bill clarifies that administrative penalty funds returned to school districts in the 1997-98 school year also would be included in future school budgets.
Heck said, "When the Legislature voted to return the administrative penalty funds to school districts, my colleagues
and I were clearly voting for a permanent change in the law. The Administration is again punishing these school
districts by continuing an error made in a prior budget year which was corrected legislatively."
"Districts that were hit with the penalty two years ago, received the money that was cut from their school aid when
the Legislature voted to restore it. However, the department uses pre-budget year totals to calculate stabilization
aid. The pre-budget totals the department uses in calculating the aid, are the totals used before the administrative penalty funds were restored." ###
Procurement Reform On February 26, 1998, officials from the departments of Treasury, Community Affairs and Law and Public Safety
were joined by key Republican lawmakers to unveil a sweeping procurement reform measure that would enable State and Local officials to control costs and strengthen protections against fraud and abuse.
This legislation gives public purchasing officers the flexibility to cut through the red tape and utilize marketplace
competition in cases where the formal bid process is too cumbersome and impractical.
Assemblywoman Rose Marie Heck (R-Bergen) said, "The legislation would enable public-sector officials to
stretch tax dollars and respond more quickly and efficiently to the needs of taxpayers. "
According to legislators and Administration officials, the bill would streamline procurement standards for State and
local agencies and protect taxpayers from unscrupulous vendors and public officials. The bill compliments previous
efforts by the Whitman Administration to improve procurement procedures, including: the creation of the Contract
Administration Unit; creation of a special procurement card for state agencies that allows them to reduce costs,
and a complete review of state procurement practices by private sector experts to identify better ways of doing business. ###
Property Tax Rebates Accelerated
Under legislation sponsored by Assembly members Rose M. Heck and George Geist, New Jersey homeowners
will receive significantly higher NJ SAVER rebates this year under legislation approved today by the General Assembly.
The bill, A-1, would accelerate the phase-in of the NJ SAVER rebate by one year, increasing this year's rebate
for the average homeowner to $480, up from $240. Under the legislation, four-fifths of the full benefit will be paid in 2001, with the full benefit paid in 2002.
"Every homeowner knows what it feels like to be faced with a property tax bill," said Heck. "The NJ SAVER
program was specifically designed to ease the tax burden by providing direct financial relief to the property
taxpayer. Our legislation will speed up the rebates by one year – giving homeowners more money in less time." ###
Heck Legislation Seeks to Increase State Revenues Through Tax Amnesty Program Assemblywoman Rose Heck has sponsored legislation designed to increase state revenues through offering New
Jersey residents a three-month state tax amnesty period for the payment of outstanding tax liabilities.
The Bill, A-1749, would allow any taxpayer who has failed to pay state taxes in the past, to pay those taxes now
without any interest and without any civil or criminal penalties. Any taxpayer who owes money and fails to take
advantage of the amnesty opportunity would have an additional 5 percent penalty placed on the taxes they continue to owe.
"At a time when the state is facing a deficit and we need to increase revenues, this is an excellent way to accomplish that goal in a way that is actually helpful to taxpayers," Heck said.
"This will allow us to collect millions of dollars in unpaid taxes, and it also will save us the extensive costs associated with both collecting back taxes and litigating tax delinquency cases."
###Ahearn Delivers Death Tax Vote, Assemblywoman Heck Objects
This June, Assemblywoman Rose Heck voted against a Democrat sponsored proposal to impose a new Death Tax on New Jersey families, and condemned her 38th
District colleague Assemblyman Matt Ahearn's actions in supporting the proposal. "The Death Tax has a devastating impact on many small family-owned businesses and farms in New Jersey,"
Heck said. "Because of this law, many of the families who own these businesses and farms will not be able to pass them on to future generations because the tax burden will be much too high."
The bill on Thursday's agenda, A-2302, seeks to end the link between New Jersey's Estate Tax and the federal
tax now in the process of being repealed. This legislation would place the exclusion limit for taxable estates in New
Jersey at $675,000, despite the fact that the federal limit has been increased to $1 million and will increase to $3.5 million by 2009.
"At a time when President Bush and Republicans in Congress are seeking to make the federal estate tax repeal
permanent, it is unfortunate that Democrats in New Jersey are doing just the opposite, increasing the tax burden on our families," Heck said.
Heck expressed disappointment that it was a member representing her district, Assemblyman Matt Ahearn, who cast the decisive 41st vote needed for the new Death Tax bill to be approved. "I am disappointed that Assemblyman Ahearn would succumb to pressure from his party leadership and ignore the needs of Bergen County families by casting the deciding vote on this
piece of legislation," Heck said. "Voting for this death tax showed a total lack of concern for the taxpayers of New Jersey and the residents of our district." Women Women's Heritage Trail Legislation sponsored by Assemblywoman Mrs. Rose Heck (R-Bergen) and Gerald Luongo (R-Camden,
Gloucester) would appropriate $70,000 towards the establishment of the New Jersey Women's Heritage Trail.
This bill was released by the Assembly Environment Committee by a vote of 7-0, October 15, 1998.
The measure, (A-1974), would appropriate funding to the Department of Environment Protection for study and
identification of themes and sites specific to New Jersey's cultural heritage which are significant to the achievements and contributions of women who have been important in history.
"Focusing on the roles women have played in our history will teach our children that the amazing strides made in
religion, government, business, education and society came through hard work, and must not be taken for
granted," said Heck. "Young people need to be reminded that life for women was much different 150 years ago
when women were regarded as second-rate citizens. Less than 80 years ago women could not vote or earn their own wages."
Heck continued, " Women in our society have a rich and varied history thanks to the fortitude of pioneering women
like: Clara Barton, the founder of the Red Cross; Maria DeCastro, a nationally recognized leader for Puerto Rican
education; Millicnet Fenwick, when she served in congress, a successful journalist, editor and well respected
member of the State General Assembly, who became known as `the conscience' of Congress; during her career in
the United States House of Representatives because of her integrity, ardent belief in public service and commitment
to civil rights issues; Jarena Lee, the first women preacher in the African Methodist Episcopal Church; Alice
Stokes Paul, an architect of major political gains for women in the 20th century, including the inclusion of the equal
rights provisions in the United Nations Charter, adopted June 15, 1945; and Florence Spearing Randolph, a minister in the African Methodist Episcopal Zion Church and noted suffrage leader," ###
Commemorate 150th Anniversary of Women's Rights Convention
A Resolution that would commemorate July 19 as the 150th anniversary of the Seneca Falls Convention, which
provided the framework for the women's rights movement. This Resolution was approved by a voice vote by the full Assembly, May 28, 1998.
On July 19, 1848, more than 300 individuals, including about 40 men, assembled at the Wesleyan Chapel in
Seneca Falls to publicly address the grievances of women. The first "convention to discuss the social, civil, and
religious condition and rights of women" was the formal beginning of the women's rights movement. The convention
resulted in the drafting of a Declaration of Sentiments which called for the right of women to vote and seventeen additional rights. It declared that "all men and women are created equal". ###
Children
Protection against Internet Child Exploitation Legislation, sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Guy Talarico (R-Bergen), protects
children from sexual predators who use the internet to contact them and was released by the Assembly Policy and Regulatory Oversight Committee.
The sponsors stressed that the measure is in no way intended to undermine free speech on the internet, and that only the criminally liable would be prosecuted. ####
Create Four Child Abuse/Neglect Treatment Centers
Legislation (A-1301), sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Gary Stuhltager
(R-Camden, Gloucester) appropriates $1.5 million to establish four regional diagnostic and treatment centers for
child abuse and neglect. The Bill was approved by the General Assembly February 19, 1998 by a vote of 77-0-1. The regional centers would be affiliated with local medical centers.
Currently the Division of Youth and Family Services (DYFS) provides protective services for children who have
been or are at risk of becoming victims of abuse or neglect. However, there is a lack of community-based
programs with the multi-disciplinary expertise necessary to identify and treat many forms of child mistreatment, especially with regard to sexual abuse, the Assembly noted.
Each center would provide a staff that includes a pediatrician, a psychologist, a consulting phychiatrist, and a social
worker who are trained specifically to evaluate and treat child victims of abuse and neglect. Each center would
also have at least one staff member with professional training and experience in the identification and treatment of
substance abuse. Additionally, substance abuse counseling for the parents or guardians would be provided.
Each regional center will evaluate and treat victims of child abuse and neglect, provide educational materials and
seminars on child abuse, receive referrals from DYFS and local county prosecutors, assist in investigations and
prosecutions of child abuse and neglect, and provide 24-hours-a-day emergency phone consultation services. ###
Interstate Child Support Reform
Legislation (A-1646), a companion measure to (A-1645) sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Marvin Cottrell (R-Camden, Gloucester) calls for the use of computer technology to enhance
collections efforts. The bill brings New Jersey into compliance with recent changes to the federal child support law
and will ensure the state does not lose approximately $90 million in crucial federal funding. Program changes must be running by April 1, 1998 to ensure federal funding for FY `99.
The Heck-Cottrell legislation will establish the "Uniform Interstate Family Support Act" (UIFSA). UIFSA provides
"one-stop-shopping" approach giving each state "long-arm" jurisdiction over a child support debtor even when the debtor is a nonresident.
Under the program, the first state to impose a support order would retain "continuing exclusive jurisdiction" as long
as one of the parties continues to reside in that state or unless both parties agree to transfer jurisdiction to another state.
In this way, all parties, courts and enforcement officials are assured that, between UIFSA states, there can only be one support order in effect at any given time.
In modification proceedings, it will be the law of the "continuing exclusive jurisdiction" state which will govern
whether or not the non-resident has a duty to support. Once issued, support order may be sent to any other
UIFSA state for registration. For enforcement purposes, the laws of the enforcing state would govern.
Features of the new law include the ability to send an income withholding order directly to an employer in another
UIFSA state, and judicial recognition of document transmitted electronically and testimony given by
teleconference or by video tape -- alleviating economic concerns placed on debtors who would otherwise have to
travel to give evidence in modification proceedings. It will also work as a tool against possible fraud.
Assembly Child Care Package Wins Approval A three-bill package was approved by the full Assembly on October 29, 1998 and includes:
A-1670, "The Neighborhood-Based Child Care Incentive Demonstration Program" establishes a new three-year
pilot program within the Division of Family Development (DFD), and encourages the creation of
neighborhood-based child care centers by emphasizing the use of neighborhood and community resources, such as
schools, religious organizations, non-profits, as well as the active involvement of parents, local businesses and community leaders, in collaborative partnerships.
While DFD will review proposals for such centers, the bill explicitly provides that priority considerations for grants
be given to applications which leverage in-kind and monetary contributions, and use of a large network of volunteers who have the skills which further the quality day care experience.
License fees currently collected from existing child care centers are not going back to the Department of Human
Services. This bill specifies that the licenses and renewal fees (approximately $175 annually), will be deposited
into this special Incentive Demonstration Fund for awarding such grants. The bill also specifies that existing monies
from the Mini Child Care Center Project Grants should be targeted towards these neighborhood-based day care centers.
A-1323 "The Small-Medium Business Child Care Consortium Incentive Demonstration Program", sponsored by
Assemblywoman Rose Marie Heck (R-Bergen), would utilize available federal funds to provide low-interest loans
of up to $100,000 to business consortiums that pool resources to make it economically viable to either directly
provide, or contract for day care services for its employees' children. One consortium in each region of New Jersey - northern, southern, and central - would be eligible for funding.
A-1669, "The Neighborhood-Business Day Care Tax Incentive Act" would provide tax incentives to encourage
the development of neighborhood based day care, and small and medium size business consortiums to provide day care service -- both new approaches in day care.
Businesses which provide day care through a consortium would be entitled to a tax credit equal to 15 percent of
expenditures made for physical plant or facilities. Tax incentives would also be given to any individual or business
which makes a monetary or in-kind contribution to a neighborhood-based day care center. Corporations would
get a 10 percent credit of their contributions against their corporate business tax, while unincorporated business would get a deduction for their total contribution.
By providing tax credits and deductions, the Assembly wants to foster model programs that may be expanded
statewide so that greater numbers of parents and their children will have new options in day care facilities which
are safe with good learning laboratories located in geographically-strategic locations.
Representatives from the New Jersey Child Care Association, the New Jersey Chamber of Commerce and the
New Jersey Business and Industry Association have offered their support for these bills. This package was
designed to help working mothers throughout the state is the result of recommendations given to the Assembly
Advisory Council on Women from church groups, neighborhood based groups, local public agencies and other day care specialists.
The Assembly voted 77-0 to approve A-1323; 77-0 to approve A-1669; and 76-0-1 to approve A-1670. The measure now heads to the Senate for consideration. ####
Heck Responds to 12th Annual Kids Count Study
Assemblywoman Rose Heck called the results of the 12th Annual Kids Count Study very encouraging news, but
pledges to continue working to improve New Jersey's national ranking. According to the study created by the
Annie E. Casey Foundation, New Jersey ranked seventh in the nation for its effort to promote the well being of children under the age of 18.
"The positive results reflect the hard work and effort my colleagues, advocates, and I have put into the well-being
of New Jersey's children during the last ten years," said Heck. "We have enacted wonderful programs and
legislation such as NJ KidCare and FamilyCare, The Safe Haven Act, Megan's Law, child abuse and neglect
prevention treatment centers, day care assistance packages, and new school construction. I have placed the
safety, education, and health of our children as priority number one since I have been in office."
New Jersey improved in several areas between 1990 and 1998. A 17 percent drop in the rate of teen deaths by
accident, homicide, and suicide had occurred. The infant mortality rate decreased 29 percent -- out pacing the
national decline of 22 percent. The high school dropout rate fell from 7 to 6 percent, placing New Jersey fourth lowest throughout the United States.
The Republican Legislature has championed initiatives to ensure poor families are able to provide for their
children. In addition to enacting FamilyCare and KidCare, which provide health insurance coverage to low-income
children and their families, the Legislature adopted the Earned Income Tax Credit providing 240,000
working-poor families with additional tax relief. Within the last 10 years, we have supplied more services and assistance to New Jersey's families than ever before in our state's history.
"But I do not take the study's results lightly," Heck added. "A complete and thorough revision of the study will be conducted under my supervision.
"New Jersey is serious about protecting and nurturing our children," said Heck. "I will not rest until New Jersey is
ranked number one in the treatment and well-being of our children." ###
Children's Summit II Held in South Jersey
Educators, parents, legislators, researchers, physicians, and community leaders converged in South Jersey on
October 23, 2000, for the Children's Summit II. The Summit was held in an effort to make New Jersey a better place for all children.
The conference focused on developing research findings to improve children's lives. Sessions were held on
specific issues relating to children at risk, including social, emotional, and behavioral aspects. Hands-on workshops also demonstrated these issues.
The goal of the Children's Summit II centered on a systematic approach of translating cognitive and neuroscience
research into practice according to Assemblywoman Rose M. Heck, co-chairwoman of the event.
"The Children's Summit II enabled us to find the best ways to use the results of years of research to improve the
daily development of our children," said Heck. "Our goal is to help children in as many different ways as possible.
The research findings will help us to assist in the positive development of the child, focusing on all aspects,
including the physical, developmental, mental, emotional, and behavioral. With so many advancements in research, we need to take action now and turn the theory into practice."
Heck continued, "Children deserve the chance to fulfill their dreams. It is our responsibility to ensure that each
and every child receives the tools needed to grow and fulfill those dreams. Our future is our children. We must use the information we have available to us now to create a better future for them." ###
Domestic Violence Assembly Task Force -- Second Public Hearing
According to Chairwoman Rose Marie Heck (R-Bergen), the purpose of the second meeting was to concentrate
on very specific issues including: the disbursement and utilization of funds through the federal Violence Against
Women Act and the Victims of Crime Act; and the extent of New Jersey's compliance with federal mandates concerning domestic violence program guidelines and reporting requirements.
Heck said, "there are many problems found stemming from the complex `grant period' method currently being
used. The grant period method -- giving requesting parties a specific time frame in which to apply, receive and
spend funding -- is not innately troublesome. Problems have arisen through inefficient management of the overall
process - specifically, a lack of sufficient notice given to victims' groups about filing deadlines, and the exorbitant
amount of time it takes to complete the process, including approving and awarding the funds. Some of the
difficulties reportedly stem from federal statutory requirements. This process needs to be expedited and more efficient".
Heck said another focal point of the meeting was the status report on the Domestic Violence Central Registry
((DVCR), the state-wide computer network that will coordinate information for victim's benefits, and the funds that have been dedicated for its completion.
Plans are underway to integrate the DVCR with the State Police Fully Integrated Fingerprint System with
`live-scan' fingerprint capability at a number of sites, which will track all criminals, not just those arrested for
domestic violence offenses. Additionally, discussions are taking place between the Administrative Office of the Courts and the State Police to also develop a Law Enforcement Inquiry Approach."
According to Heck, the original $2.3 million in federal funding received for the project in FY'96 went to the
fingerprinting system, and in FY'97 the State received an additional $640,000 for the program, and $1.2 million
for the computer registry. The committee was advised at the hearing that this will be done by November 1998.
The bi-partisan 14-member task force, initially authorized by AR-144 of last session, and co-sponsored by
Assemblywoman Rose M. Heck, was recently created to review the status of ongoing efforts and needed tools to
address the problem of domestic violence. The task force was reconstituted under this sessions's reorganization
resolution. The task force has 180 days to report its findings and recommendations to the Speaker and the General Assembly. ###
Assembly Task Force -- Third Public Hearing In its third public hearing, the Assembly Task Force on Domestic Violence listened to testimony on March 6, 1998
from law enforcement experts, training specialists, field professionals and a nationally renowned attorney in the area of domestic violence.
According to Chairwoman Rose Marie Heck (R-Bergen) , a discussion regarding the need for standardized
domestic violence training for local and State police officers topped the agenda. The disparity in training
requirements that currently exists appears to be the proverbial weak link in domestic violence case management.
We must take the necessary steps to reach a level of consistency with uniform standards which are essential to properly serving the victims of their brutal crimes.
"We must ensure that victims who enter to court system do not become victimized by the system by encountering a
hostile environment," said Heck. "It is difficult enough for these victims to bring their problems into a courtroom,
and therefor absolutely necessary that they feel comfortable and secure within the justice system."
According to Heck, "By listening to workers in the field, we can improve assistance to victims and ensure their
protection from violent offenders. The information gathered from this and other hearings will be used by the panel
to insure new recommendations whereby the legislative, executive and judicial branches can work together to improve the level of service provided to domestic violence victims."
The bi-partisan 14-member task force, initially authorized by AR-144 of last session, co-sponsored by
Assemblywoman Rose Marie Heck, was recently created to review the status of ongoing efforts and tools to
address the problem of domestic violence. The task force was reconstituted under this sessions's reorganization
resolution. The task force has 180 days to report its findings and recommendations to the Speaker and the General Assembly. ###
Assembly Task Force -- Unveils Final Recommendations After months of public hearings and private deliberations, the Assembly Task Force on Domestic Violence
presented its final report to Assembly Speaker Jack Collins, and publicly unveiled its findings at a State House press conference July 16, 1998.
According to Chairwoman Rose Marie Heck (R-Bergen), the Task Force was responsible for thoroughly
evaluating the State's domestic violence statues, make recommendations and provide initiatives for improving the enforcement of existing domestic violence laws.
"This Assembly Task Force found that although New Jersey's domestic violence policies are among the toughest in
the nation, implementation of the laws does not always reach our initial expectations," said Heck. "While New
Jersey mandates that its law enforcement and judicial personnel receive specialized domestic violence training,
testimony revealed that under certain circumstances training is being ignored. We found in some geographic areas
that inadequately trained law enforcement officers discourage victims from filing domestic violence complaints
particularly on Fridays, and/or weekends, and do not help victims file complaints for restraining orders, as required by law."
"We also found certain instances in which some members of the bench exhibited cynicism and insensitivity towards
domestic violence victims," she continued, "Our report documents some shocking examples of Family Court judges verbalizing their insensitivity towards domestic violence victims."
"In response to these types of situations, the Task Force calls for annual -- as opposed to the current bi-annual --
training for judges during which they would be required to hear actual victims give accounts of their abuse
firsthand. We also believe there should be a more pro-active way to monitor the courts, either periodically or
randomly, as a matter of routine. Removal of judges from serving in Family Court should not be ruled out."
"Testimony received from members of the Pro-Bono Domestic Violence Project at the Rutgers-Camden Law
School indicated that women who do not have the money to pay for legal advice cannot protect themselves or
their children from the domestic violence batter," said Heck. "They are doomed by the maze of judicial rules and procedures that do not always work to their benefit."
"These women need pro-bono legal representation, and we ought to create and expand networks of pro-bono
attorney representation regardless of whether the charges are heard in the criminal, family, or municipal court. A
system must be put into place for victims to escape from these perpetrators, and every effort should be made to better ensure a new and safer lives for these victims."
"In certain extremely dangerous situations, a type of protection similar to witness protection might be investigated
and pursued, particularly where children are involved. There is a definite link between domestic violence and child
abuse, particularly where drug and alcohol abuse are evident. Children in these homes are victimized, emotionally and mentally and behavioral problems can result."
"The Task Force found that, in many spousal abuse cases heard in municipal court, charges are often dropped or
downgraded due to part-time municipal judges and part-time municipal prosecutors simply because they do not have sufficient resources to be effective."
In addition, the Task Force discovered that divorce cases in family court, where the parties have a previous history
of domestic violence, are inappropriately sent to mediation. Heck said, "Our Task Force recommends that no
mediation of divorce actions should be ordered in cases where the parties were previously involved in a domestic
violence case. We also recommend that in those tragic cases where a parent is killed or incapacitated by the other
parent, presumptions should be made that the best interest of the child are served by awarding custody to the victim's family".
Furthermore, the Task Force learned about the successful domestic violence Hearing Officer Program, which has
been highly praised by Family Court judges and victim advocacy groups. "We should expand the Supreme
Court-established Domestic Violence Hearing Officer program throughout the State. These hearing officers, who
are experienced attorneys and domestic violence workers, augment the work of Family Court Judges," said Heck.
"Judges in Family Court are burdened with numerous and complicated cases and are thus unable to spend as
much time on soliciting crucial information and findings from victims who are frequently reluctant to do so in typical
court room settings. Hearing officers have the background and the time to dedicate to a domestic violence case."
Moreover, the Task Force calls for a stronger oversight system within the Judiciary. The group recommends that
the State Supreme Court exercise its jurisdiction over judges more actively, disciplining and even removing those
who fail to responsibly fulfill their duties in this very specialized area of criminal justice.
Another recommendation involves a better selection process for those serving the Family Court and a monetary
incentive for "battle pay" for judges who must listen to the horrific offenses being committed against the victims of
all ages and both genders. In addition, the court system should play a key role in preventing domestic violence behavior by requiring mandatory counseling for all batterers.
"Additionally, the Task Force strongly advocates domestic violence education in the schools," said Heck.
"Showing students how to handle their anger and emotions in non-violent ways can prevent future family tragedies.
Children who routinely witness domestic violence frequently grow up to become victims or abusers. We must stem
the recurring cycle of this behavior by using the classrooms to appropriately educate our children."
The Task Force found that properly trained domestic violence volunteer groups within police stations can provide
victims with the support they need during such a traumatic time and also assist in the proper filing of domestic violence complaints.
The Task Force determined that the Chief Justice's Statewide Working Group has been doing a good job in
implementing this program and recommends that these Working Groups be required across the state. Currently,
these groups are structured as volunteer programs and are very successful in some areas. The recommendation is
to ensure that this type of interdisciplinary team action and continued oversight be implemented in each of the 21
counties. Good programs can be emulated, and assistance is available through the Statewide Group.
In addition to recommending better enforcement of existing laws, the Task Force also focused on highlighting some of the weaknesses in existing laws that have been overlooked and need to be addressed.
"We recommend the mandatory fingerprinting of batterers arrested for disorderly persons domestic violence
offences to strengthen identification of batterers who may move between towns and out-of-state," said Heck.
"This technological feature can be an excellent preventative measure for batterers who obtain firearm permits in violation of court orders."
Additionally, the Task Force calls for existing domestic violence funding programs to be administered with greater
efficiency and accountability. "The use of public funds awarded to law enforcement, the judiciary and other groups
must be carefully monitored so that we effectively combat violence against women and children in the most optimum manner," said Heck.
Because of inadequate funding and processing delays, domestic violence service providers, which rely on federal
funds distributed by the state, are holding their program together with shoestring budgets. The Task Force
recommends that the State Auditor conduct an audit of the process by which federal funds are distributed by the
State to service providers. It also recommends that the grant-awarding process be streamlined in a user-friendly fashion.
The Task Force suggested that the Department of Law and Public Safety and the Administrative Office of the
Courts establish a central registry of domestic violence offenders to include the capability of processing municipal
court proceedings for these offenses. The Task Force recommends that all existing domestic violence charges be
available statewide, to ensure that a perpetrator in one county, when moving to another, and then committing subsequent acts, will not be viewed as a first time offender.
The Task Force took note of the special problems that the elderly and male victims of domestic violence face. It
discovered that 20 percent of domestic violence victims are men. The group recognizes that special steps must be
taken to reach out to this population of victims. They also found that only two to five percent of elderly abuse is
reported and recommends that domestic violence groups coordinate services for elderly victims, including alternative living arrangements and counseling for elderly batterers. ###
Domestic Violence Awareness Month Legislation (A-JR-23), sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Frank Blee (R-Atlantic)
would designate October "Domestic Violence Awareness Month". The joint resolution, which was merged with an
identical Senate resolution, was approved by the General Assembly October 29, 1998 by a vote of 70-0, and now heads to the governor for consideration.
Heck chaired the Assembly Task Force on Domestic Violence, which spent months thoroughly evaluating the
State's domestic violence statutes and assessing whether existing programs are being implemented effectively. The
bipartisan panel submitted its recommendations and initiatives aimed at improving enforcement of existing domestic violence laws to Speaker Jack Collins in July 1998.
"Making more people aware of the prevalence of domestic violence may help break the cycle in many families, "Heck said. ###
Aiding Battered Spouses
Legislation sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Guy Talarico (R-Bergen) would
give domestic violence victims better protection and more authority to fight their attackers, was released by the Assembly Judiciary Committee by a vote of 8-0, November 16, 1998
Specifically, the bill, a committee substitute for A-259 and A-781, would eliminate a domestic violence victim's
duty to retreat when attacked with deadly force by a live-in spouse or other household member. The measure is intended to address situations where there has been a history of domestic violence.
Under current law and self defense claims, a battered woman has the right to fight back if a stranger attacks her in
her home. If the attacker is her husband or live-in partner, however, she must retreat. This bill ensures that the
duty to retreat by a person attacked in her own home would be eliminated in all cases, unless the victim instigated the altercation.
"As the chair of the Domestic Violence Task Force, I strongly believe domestic violence victims must have the
authority to fight back against their attackers," said Heck. "These victims often find themselves in violent, turbulent
situations where their lives are at stake. When faced with deadly force, victims must have the right to defend themselves, whether the attacker is a spouse or a stranger."
The legislation comes in response to a 1997 Supreme Court case, State v. Gartland. The court recommended that
the Legislature review the application of the duty to retreat in the case of a spouse battered in her own home,
noting that New Jersey is among the minority of jurisdictions that impose a duty to retreat on a woman attacked by a cohabitant spouse.
In the case, a wife was convicted of reckless manslaughter after shooting her husband. The court found that there
was an extensive history of domestic violence between the couple and decided that the trial court could have
charged the jury to consider the history of domestic violence while they contemplated Mrs. Gartland's belief of the
need to use deadly force. Mrs. Gartland died while her appeal was pending, however, the NJ Supreme Court set aside her conviction by a vote of 7-0.
The court noted that self-defense claims traditionally require that a person who can safely retreat from the
confrontation avail herself of the means of escape. However, this requirement has since been modified, and today
most courts recognize exceptions. The most notable exception has been the `castle doctrine', which states that, if
the confrontation takes place in one's home, then the retreat requirement is suspended. In domestic violence cases,
however, the exception is more challenging because the aggressor is a co-occupant and both parties have a legal right to occupy the dwelling. ####
Seniors Reports on Elderly Abuse
Under bill (A-1306) sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Charlotte Vandervalk
(R-Bergen), legislation would mandate the reporting of incidents of suspected neglect, abuse or exploitation
against the elderly, developmentally disabled, or persons suffering from other incapacities. Thei proposal was
released May 22, 1998 from the Assembly Senior Issues and Community Services Committee and now heads to the full Assembly.
The measure would expand current law, which requires any person who suspects incidents of abuse of residents of
health-care facilities, or rooming or boarding houses to report such information to the Commissioner of Human
Services. The bill would expand this section to prohibit neglect, in addition to exploitation and abuse of the
residents. In addition, it would prohibit employers from taking discriminatory or retaliatory action against an
individual who reports incidents. Failure to report such incidents would be a disorderly persons offense.
The reports would be made to the Commissioner of Human Services, who would refer them for investigation and
evaluation to the appropriate county welfare agency. The legislation would require the commissioner to report
annually to the governor and the legislature on the effectiveness of the bill, including the number and types of
incident reported, a description of the victims and recommendations for the prevention and alleviation of the abuse, neglect and exploitation of an elderly person or a vulnerable adult. ###
Create Elderly Task Force The Assembly Task Force on Elderly Care would be created under legislation sponsored by Assemblywomen
Rose Marie Heck and Carol Murphy. The measure was approved by an Assembly voice vote, July 30, 1998.
The 13-member task force would focus on the following issues:
* Support or choices that care-givers need now and will need in the future to help their patients, parents or loved one maintain dignity and independence:
* The expectations that middle-aged persons currently have about the kind of care they will receive as senior citizens during the next 25-year period an how do they expect to pay for that care;
* The service delivery system that needs to be established or modified to meet anticipated elder care needs, and the kinds of legislative or policy decisions necessary for this purpose; and
The kinds of accommodations that need to be made for middle and lower-income senior citizens who want to utilize assisted living facilities.
Heck noted that according to the Office of Legislative Services, one in seven residents of New Jersey is at least 65 years old and that in 30 years one in four will be that age or older.
The Assembly members said the task force will begin hearings this fall and report its findings and recommendations approximately six months after the initial meeting. ###
Modify PADD Limits and Costs Legislation (A-253) proposing to increase income eligibility limits for citizens who qualify for the Pharmaceutical
Assistance to the Aged and Disabled (PAAD) program and reduce the copayment costs for numerous prescriptions was released September 17, 1998 by the Assembly Senior Issues and Community Services
Committee by a 6-0 vote and goes to the Assembly Appropriations Committee for consideration.
The bill, co-sponsored by Assemblywoman Rose Marie Heck (R-Bergen) and Guy F. Talarico (R-Bergen),
would establish automatic cost-of-living- increases in PAAD eligibility limits, according to the annual maximum
Social Security benefit cost-of-living adjustments. In addition, the bill would change the copayment for the PAAD
program to $2 for a third or subsequent prescriptions per month. Currently, PAAD participants pay $5 for the first two prescriptions each month. ###
Clarify Elderly and Disabled Neglect Abandonment of an elderly or disabled person would be considered an act of welfare endangerment, and a
third-degree crime under legislation A-1308 released October 5, 1998 by the Assembly Senior Issues and
Community Services Committee by a 6-0 vote, and sent to the full Assembly. The bill was approved by the Assembly November 23, 1998 by a 78-0 vote, and now heads to the Senate for consideration.
Sponsored by Assemblywoman Rose Marie Heck (R-Bergen), the measure would include willful abandonment in
the definition of neglect, and upgrade the severity the crime to third degree. A third-degree crime is punishable by a maximum 5 years in prison and/or $15,000 fine.
"An individual who shirks their legal duty to care for an elderly or disabled person needs to understand the
dangerous consequences abandonment can have on the dependant person," Heck said. "In some cases, adults
with special needs can be as helpless as children. If made to fend for themselves, they could hurt themselves or
someone else. Intentionally walking away from a person under such circumstances without seeking help is absolutely unacceptable and won't be dealt with lightly." ###
Fight Against Consumer Rip-offs Legislation (A-1300) sponsored by Assemblywomen Rose Marie Heck (R-Bergen) and Marion Crecco
(R-Essex-Passaic), would provide senior citizens and the disabled with new tools in the fight against dishonest
business practices. The bill was released November 16, 1998 by the Assembly Consumer Affairs and Regulated Professions Committee, and goes to the full Assembly.
This bill provides additional protection to senior citizens and the handicapped against unscrupulous business
operators who target the elderly and the handicapped. Additionally, it would impose heavy fines against violators
who conduct schemes or other sales solicitations aimed toward these specific groups. The measure would establish
a special education fund to assist seniors and the handicapped in gaining awareness of deceptive sales practices
targeted against them. Under the act, the eduction program would be funded by the penalty revenue collected following convictions.
The bill would provide fines of up to $10,000 if the victim was a senior citizen or handicapped person and the
violation caused the victim monetary injury. The measure would allow fines of up to $30,000 if the violation was
part of a scheme or planned course of actions targeted at handicapped or elderly persons in connection with sales or advertisements.
"Many of our seniors and handicapped are persons of modest financial means who also require special services,"
said Heck. "They are vulnerable to fast-talking, high-pressure salespeople who may seek to take advantage of
these groups. A monetary loss by a senior or handicapped person to an unscrupulous sales person is often an emotional and traumatic experience. Our bill will help decrease that possibility."
###
Defining Neglect of Elderly and Disabled
Legislation sponsored by Assembly members Rose Marie Heck and Kenneth C. LeFevre changes the definition
of the neglect of the elderly and disabled to an act of welfare endangerment, and a third-degree crime. The legislation was signed into law on January 25, 1999 by Governor Christie Whitman.
"An individual who shirks his or her legal duty to care for an elderly or disabled person needs to understand the
dangerous consequences abandonment can have on the dependent person," Heck said. "In some cases, adults
with special needs can be as helpless as children. If made to fend for themselves, they could hurt themselves or someone else." ###
Heck Bill Requires Reports on Elderly Abuse Legislation that would mandate the reporting of incidents of suspected neglect, abuse or exploitation against the
elderly, developmentally disabled, or persons suffering from other incapacities was released today from the Assembly Senior Issues and Community Services Committee.
Under the bill, A-1480, sponsored by Assemblywoman Rose Marie Heck and Charlotte Vandervalk, the reports
would be made to the Commissioner of Human Services, who would refer them for investigation and evaluation to
the appropriate county welfare agency. The County welfare agency would provide support services and refer victims to available mental health, home health and medical assistance programs.
"This legislation enhances the safety and welfare of the vulnerable elderly," said Heck. "Too often, the elderly and
the disabled are abused and taken advantage of, and many are unable to protect themselves." The measure would expand current law, which requires any person who suspects incidents of
abuse of residents of health-care facilities, or rooming or boarding houses to report such information to the Commissioner of Human Services. The bill would expand this section to
prohibit neglect, in addition to exploitation and abuse of the residents. ###
Legislation Adds Securities Fraud as Violation Covered by the Consumer Fraud Act Assemblywoman Rose Heck has introduced legislation that would protect seniors by bolstering New Jersey's
consumer fraud act to include fraud in the sale of securities as a violation covered by the state's consumer protection law.
"Many senior citizens have been targeted by individuals and companies promising to invest their life savings and
provide them with large rates of return," said Heck. "Often times these investment schemes completely deplete their savings leaving these seniors with nothing in the bank."
Under this legislation, A-147, "securities" would be added to the definition of "merchandise" in the act, which
protects consumers from deceptive sales and advertising practices in the marketing of merchandise.
"The impact of these schemes on our seniors is often devastating," Heck said. "Many of the people targeted for
these fraudulent investment schemes find that their savings are completely depleted leaving them with no financial independence, and sometimes costing these seniors their homes."
A-147 was introduced in response to observations made during the last legislative session by the Elder Fraud Task Force. The report of the task force noted that, as an age group, senior
citizens are the largest holders of wealth in our country but despite these assets, many seniors feel vulnerable and insecure because they no longer are drawing earnings from a paycheck.
Because of this, they tend to be easy targets for fraudulent investment schemes. Sex Offenders
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