Replaces references to "alien" and "illegal alien" in statutes with "foreign national" and "undocumented foreign national," respectively; prohibits use of those terms by executive branch agencies.

A1354

ASSEMBLY, No. 1354

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblyman MICHAEL VENEZIA

District 34 (Essex)

Co-Sponsored by:

Assemblywomen Quijano, Haider, Reynolds-Jackson and Morales

SYNOPSIS

���� Replaces references to "alien" and
"illegal alien" in statutes with "foreign national" and
"undocumented foreign national," respectively; prohibits use of those
terms by executive branch agencies.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning references to persons who are not citizens
of the United States and amending various parts of the statutory law and
supplementing Title 52 of the Revised Statutes.

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

���� 1.��� N.J.S.3B:5-12 is amended
to read as follows:

���� 3B:5-12.���� a.� An individual
is not disqualified to take as an heir because he or an individual through whom
he claims is or has been
[
an
alien
]

a foreign national
.

���� b.��� An individual who is
related to the decedent through two lines of relationship is entitled to only a
single share based on the relationship that would entitle the individual to the
larger share.

(cf: P.L.2004, c.132, s.54)

���� 2.��� N.J.S.3B:28-1 is amended
to read as follows:

���� 3B:28-1.� Estates of dower and
curtesy prior to May 28, 1980.

���� The widow or widower, whether
[
alien
]

foreign
national
or not, of an individual dying intestate or otherwise, shall be
endowed for the term of his life of one half of all real property of which the
decedent, or another to the decedent's use, was seized of an estate of
inheritance at any time during marriage prior to May 28, 1980, unless the widow
or widower shall have relinquished her right of dower or his right of curtesy
in the manner provided by P.L.1953, c.352 (C.37:2-18.1) or such right of dower
or such right of curtesy otherwise shall have been extinguished by law.

(cf: P.L.2005, c.160, s.19)

���� 3.��� Section 13 of P.L.1970,
c.13 (C.5:9-13) is amended to read as follows:

���� 13.� a.� The right of any
person to a prize drawn shall not be assignable, except as permitted by this
section.

���� b.��� The payment of any prize
drawn may be paid to the estate of a deceased prize winner upon receipt by the
State Lottery of a certified copy of an order appointing an executor or an
administrator.

���� c.��� Any person may be
assigned and paid the prize to which the winner is entitled pursuant to a
judicial order of the New Jersey Superior Court or a federal court having
jurisdiction over property located in this State provided that the order
pertains to claims of ownership in the prize drawn, division of marital
property in divorce actions, bankruptcy, child support, appointment of a
guardian or conservator, or distribution of an estate.

���� d.��� Any person may be
assigned and paid a prize to which the winner is entitled pursuant to a
judicial order of the New Jersey Superior Court or a federal court having
jurisdiction over property located in this State provided that the order
contains at least the following findings:

���� (1)� the full legal name,
address, social security number or taxpayer identification number and, if
applicable, resident
[
alien
]

foreign
national
number of the winner;

���� (2)� the full legal name,
address, social security number or taxpayer identification number and, if
applicable, resident
[
alien
]

foreign
national
number of the assignee;

���� (3)� the date on which the
winner won the prize;

���� (4)� the date on which the
winner claimed the prize;

���� (5)� the gross amount of the
prize drawn before application of withholding taxes;

���� (6)� the gross amount of
payments to be made to the winner by the State Lottery before application of
withholding taxes;

���� (7)� the dates of the payments
to be assigned and the amount of the specific payments to be assigned on each
date;������� (8) the identity of the winner's spouse, if any, and the interest
of the spouse in the prize;

���� (9)� the identity of any other
co-owner, claimant or lienholder and the amount of the interests, liens,
security interests, prior assignments or offsets asserted by such party;

���� (10) that the interest rate or
discount rate, as applicable, and all fees and costs and other material terms
relating to the assignment are expressly and clearly included in all material
documents and in all documents that include any obligations of the prize
winner;

���� (11) that the interest rate or
discount rate, as applicable, associated with the assignment does not indicate
overreaching or exploitation, does not exceed current usury rates, and does not
violate any laws of usury of this State;

���� (12) that the winner has
reviewed and understands the terms of the assignment;

���� (13) that the winner
understands that the winner will not receive the prize payments, or portions
thereof, for the years assigned;

���� (14) that the winner has
agreed to the assignment of the winner's own free will without undue influence
or duress;

���� (15) that the winner has
retained, and consulted with, independent legal counsel who has advised the
winner of the winner's legal rights and obligations;

���� (16) that the winner has
retained, and consulted with, an independent tax advisor concerning the tax
consequences of the assignment;

���� (17) that the winner does not
seek assignment for purposes of evading creditors, judgments or obligations for
child support; and

���� (18) that the winner has
certified that the winner does not have a child support obligation, or if the
winner has a child support obligation, that no arrearage is due and that the
winner is not obligated to repay any public assistance benefits.

���� e.��� Before a winner is
legally bound, by agreement, contract or otherwise, and prior to the issuance
of an order pursuant to subsection d. of this section, the assignee shall
provide the winner with all material documents which shall be binding on the
assignor, including documents evidencing obligations of the winner, and a
written notice recommending that the winner obtain independent counsel before
signing any document which shall be binding on the assignor.� All documents
shall include a notice of the assignor's right to cancel the agreement which
shall be located in immediate proximity to all spaces reserved for the
signature of the winner in bold-faced type of at least 10 points and which
shall provide as follows:

���� "You have the right to
cancel this assignment without any cost to you until midnight three business
days after the day on which you have signed an agreement to assign all or a
portion of your prize.

���� Cancellation occurs when you
give notice by regular first class mail, postage prepaid, to the assignee at
the address listed at the top of the first page of this document that you wish
to cancel the assignment.� Notice is deemed given when deposited in a
mailbox."

���� f.���� If the State Lottery
determines that a judicial order granting an assignment, issued pursuant to
subsection d. of this section, is complete and correct in all respects, the
State Lottery shall, not later than 10 days after receiving a true and correct
copy of the filed judicial order, send the winner and the assignee written
confirmation of receipt of the court-ordered assignment and of the State
Lottery's intent to rely thereon in making future payments to the assignee
named in the order.� The State Lottery shall, thereafter, make all payments in
accordance with the judicial order.� No change in the terms of any assignment
shall be effective unless made pursuant to a subsequent judicial order.

���� g.��� The State Lottery may
impose a reasonable fee on an assignor to defray any direct or indirect
administrative expenses associated with an assignment.

���� h.��� A winner shall not be
permitted to assign the last two� annual prize payments.

���� i.���� The State Lottery and
the State are not parties to assignment proceedings, except that, the State may
intervene as necessary to protect the State's interest in monies owed to the
State.

���� j.���� The State Lottery and
the State shall comply with, and rely upon, a judicial order in distributing
payments subject to that order.

���� k.��� A winner may pledge or
grant a security interest in all or part of a prize as collateral for repayment
of a loan pursuant to a judicial order containing the findings required by
subsection d. of this section which the court deems relevant to the pledge or
grant.

���� l.���� Except where
inconsistent with the provisions of this section, the New Jersey consumer fraud
act, P.L.1960, c.39 (C.56:8-1 et seq.), shall apply to all transactions under
this section.

���� m.�� The court shall cease to
approve assignments pursuant to subsection d. of this section if:

���� (1)� the United States
Internal Revenue Service issues a technical rule letter, revenue ruling, or
other public ruling in which it is determined that because of the right of
assignment provided by subsection d. of this section, prizewinners who do not
exercise the right to assign prize payments would be subject to an immediate
income tax liability for the value of the entire prize rather than annual
income tax liability for each installment when received; or

���� (2)� a court of competent
jurisdiction issues a published decision holding that because of the right of
assignment provided by subsection d. of this section, prizewinners who do not
exercise the right to assign prize payments would be subject to an� immediate
income tax liability for the value of the entire prize rather than annual
income tax liability for each installment when received.

���� n.��� Upon receipt, the
director shall immediately file a copy of a letter or ruling of the United
States Internal Revenue Service or a published decision of a court of competent
jurisdiction, described in subsection m. of this section, with the Secretary of
State.� No assignment shall be approved pursuant to subsection d. of this
section after the date of such filing.

���� o.��� Notwithstanding the
provisions of this section, any lottery prize assignment or loan transaction
which has been approved by a New Jersey Superior Court pursuant to section 13
of P.L.1970, c.13 (C.5:9-13) on or before May 15, 1998, regardless of whether such
an order has been or is the subject of an appeal, shall, upon joint written
agreement of the parties, be deemed a binding assignment or transaction and
shall be honored by the Division of the State Lottery.

���� p.��� No change in the terms
of any assignment shall be effective unless made pursuant to a subsequent court
order under this section.

���� q.��� A voluntary assignment
shall not include or cover payments, or portions of payments, that are subject
to the offset pursuant to P.L.1991, c.384 (C.5:9-13.1 et seq.), P.L.1997, c.306
(C.5:9-13.10 et seq.), or any other law unless appropriate provisions are made
to satisfy the obligations giving rise to the offset.

���� r.���� No lottery assignee
shall directly or indirectly recommend or facilitate the hiring of any lawyer
or accountant to assist the assignor in determining the appropriateness of the
proposed assignment.� Further, the assignee shall not offer prior to the closing
tax or investment advice.

���� s.���� The director,
commissioners and employees of the Division of the State Lottery shall be
discharged of any and all liability upon payment of a prize drawn pursuant to
this section.

(cf: P.L.1998, c.103, s.1)

���� 4.��� Section 4 of P.L.2005,
c.46 (C.5:12-100.1) is amended to read as follows:

���� 4.��� a.� The right of any
annuity jackpot winner to receive annuity jackpot payments from a slot system
operator shall not be assignable, except as permitted by this section. The
provisions of this section shall prevail over the provisions of the
"Uniform Commercial Code Secured Transactions," N.J.S.12A:9-101 et
seq., including N.J.S.12A:9-406, or any other law to the contrary.

���� b.��� Notwithstanding any
other provision of this section, annuity jackpot payments may be paid to the
estate of a deceased jackpot winner, in the same manner as they were paid to
the winner, upon receipt by the slot system operator of a certified copy of an
order appointing an executor or an administrator.

���� c.��� A person may be assigned
and paid the annuity jackpot payments to which an annuity jackpot winner is
entitled pursuant to a judicial order of the New Jersey Superior Court or any
other court having jurisdiction over property located in this State provided
that the order pertains to claims of ownership in the annuity jackpot payments,
division of marital property in divorce actions, bankruptcy, child support,
appointment of a guardian or conservator, or distribution of an estate.

���� d.��� A person may be assigned
and paid the annuity jackpot payments to which an annuity jackpot winner is
entitled pursuant to a judicial order of the New Jersey Superior Court or any
other court having jurisdiction over property located in this State. The annuity
jackpot winner and the proposed assignee shall prepare a proposed form of order
and submit such proposed order to the court for its consideration. The proposed
form of order shall contain the following information:

���� (1)� the full legal name,
address, social security number or taxpayer identification number and, if
applicable, resident
[
alien
]

foreign
national
number of the winner;

���� (2)� the full legal name,
address, social security number or taxpayer identification number and, if
applicable, resident
[
alien
]

foreign
national
number of the assignee;

���� (3)� the date on which and the
casino where the annuity jackpot was won;

���� (4)� the slot machine game on
which the annuity jackpot was won;

���� (5)� the slot system operator
primarily responsible for making the annuity jackpot payments;

���� (6)� the gross amount of the
annuity jackpot won before application of withholding taxes;

���� (7)� the gross amount of each
payment to be made to the winner by the slot system operator before application
of withholding taxes;

���� (8)� the dates of the payments
to be assigned and the amount of the specific payments to be assigned on each
date;

���� (9)� the identity of the
winner's spouse, domestic partner or partner in a civil union, if any, and the
interest of that person, if any, in the annuity jackpot payments;

���� (10) the identity of any other
co-owner, claimant or lienholder and the amount of the interests, liens,
security interests, prior assignments or offsets asserted by each such party;

���� (11) that the interest rate or
discount rate, as applicable, and all fees and costs and other material terms
relating to the assignment are expressly and clearly included in all material
documents and in all documents that include any obligations of the annuity
jackpot winner;

���� (12) that the interest rate or
discount rate, as applicable, and any other fees or charges associated with the
assignment do not indicate overreaching or exploitation, do not exceed current
usury rates, and does not violate any laws of usury of this State;

���� (13) that the winner has
reviewed and understands the terms of the assignment;

���� (14) that the winner
understands that the winner will not receive the annuity jackpot payments, or
portions thereof, for the years assigned;

���� (15) that the winner has
agreed to the assignment of the winner's own free will without undue influence
or duress;

���� (16) that the winner has
retained and consulted with independent legal counsel who has advised the
winner of the winner's legal rights and obligations;

���� (17) that the winner has
retained and consulted with an independent tax advisor concerning the tax
consequences of the assignment;

���� (18) that the winner has
disclosed all existing debts, liens and child support obligations and does not
seek assignment for purposes of evading creditors, judgments or obligations for
child support; and

���� (19) that the winner has
certified that: the winner is not obligated to repay any public assistance
benefits; and the winner does not have a child support obligation, or if the
winner does have a child support obligation, that no arrearage is due.

���� The annuity jackpot winner and
the proposed assignee shall provide a copy of the proposed form of order to the
slot system operator at least 10 days before the court is scheduled to act on
the proposed order to allow the slot system operator the opportunity to ensure
that the proposed order is complete and correct in all respects prior to the
court's approval.

���� e.��� Before a winner is
legally bound, by agreement, contract or otherwise, and prior to the issuance
of an order pursuant to subsection d. of this section, the assignee shall
provide the winner with all material documents which shall be binding on the
assignor, including documents evidencing obligations of the winner, and a
written notice recommending that the winner obtain independent counsel before
signing any document which shall be binding on the assignor. All documents
shall include a notice of the assignor's right to cancel the agreement which
shall be located in immediate proximity to all spaces reserved for the
signature of the winner in bold-faced type of at least 10 points and which
shall provide as follows:

���� "You have the right to
cancel this assignment without any cost to you until midnight three business
days after the day on which you have signed an agreement to assign all or a
portion of your annuity jackpot.

���� Cancellation occurs when you
give notice by regular first class mail, postage prepaid, to the assignee at
the address listed at the top of the first page of this document that you wish
to cancel the assignment. Notice is deemed given when deposited in a mailbox."

���� f.���� The slot system
operator shall, not later than 10 days after receiving a true and correct copy
of the filed judicial order, send the winner and the assignee written
confirmation of receipt of the court-ordered assignment and of the slot system
operator's intent to rely thereon in making future payments to the assignee
named in the order. The slot system operator shall, thereafter, make all
payments in accordance with the judicial order. No change in the terms of any
assignment shall be effective unless made pursuant to a subsequent judicial
order pursuant to this section.

���� g.��� The slot system operator
may impose a reasonable fee on an assignor to defray any direct or indirect
administrative expenses associated with an assignment.

���� h.��� The division, the
commission and the State are not parties to assignment proceedings, except that
the State may intervene as necessary to protect the State's interest in monies
owed to the State.

���� i.���� The slot system
operator and the State shall comply with, and rely upon, a judicial order in
distributing payments subject to that order.

���� j.���� A winner may pledge or
grant a security interest in all or part of an annuity jackpot as collateral
for repayment of a loan pursuant to a judicial order containing the information
required by subsection d. of this section which the court deems relevant to the
pledge or grant.

���� k.��� Except where
inconsistent with the provisions of this section, the New Jersey consumer fraud
act, P.L.1960, c.39 (C.56:8-1 et seq.), shall apply to all transactions under
this section.

���� l.���� The provisions of
subsections d., e. and j. of this section shall be invalid if:

���� (1)� the United States
Internal Revenue Service issues a technical rule letter, revenue ruling, or
other public ruling in which it is determined that because of the right of
assignment provided by subsection d. of this section, annuity jackpot winners
who do not exercise the right to assign annuity jackpot payments would be
subject to an immediate income tax liability for the value of the entire
annuity jackpot rather than annual income tax liability for each installment
when received; or

���� (2)� a court of competent
jurisdiction issues a published decision holding that because of the right of
assignment provided by subsection d. of this section, annuity jackpot winners
who do not exercise the right to assign annuity jackpot payments would be subject
to an immediate income tax liability for the value of the entire annuity
jackpot rather than annual income tax liability for each installment when
received.

���� m.�� Upon receipt, the
division shall immediately file a copy of a letter or ruling of the United
States Internal Revenue Service or a published decision of a court of competent
jurisdiction, described in subsection l. of this section, with the Secretary of
State. No assignment shall be approved pursuant to subsection d. of this
section after the date of such filing.

���� n.��� A voluntary assignment
shall not include or cover payments, or portions of payments, that are subject
to the offset pursuant to section 5 of this amendatory and supplementary act,
P.L.2005, c.46 (C.5:12-100.2), or any other law, unless appropriate provisions
are made to satisfy the obligations giving rise to the offset.

���� o.��� No assignee shall
directly or indirectly recommend or facilitate the hiring of any lawyer or
accountant to assist the assignor in determining the appropriateness of the
proposed assignment. Further, the assignee shall not offer, prior to the
closing, tax or investment advice.

(cf: P.L.2011, c.19, s.66)

���� 5.��� Section 1 of P.L.1987,
c.53 (C.18A:3-19.1) is amended to read as follows:

����
1.
��� As used in this
act:

���� �"Foreign
government" means any government other than the government of the United
States or of its states, territories or possessions or any political
subdivision thereof.

���� �"Foreign legal
entity" means a. any legal entity created under the laws of a foreign
government or b. any legal entity created under the laws of the United States
or any of its political subdivisions if a majority of the ownership of that
legal entity is directly or indirectly held legally or beneficially by one or
more foreign governments or one or more foreign persons or one or more legal
entities created under the laws of a foreign government and includes an agent
acting for the legal entity.

���� "Foreign person"
means any individual who is not a citizen of or resident
[
alien
]

foreign
national
of the United States or of its territories or possessions and
includes an agent acting for the foreign person.

���� "Gift" means any
endowment, gift, grant, contract, award, present or property of any kind.

(cf: P.L.1987, c.53, s.1)

���� 6.��� Section 1 of P.L.2013,
c.170 (C.18A:62-4.4) is amended to read as follows:

���� 1.��� a.� Notwithstanding the
provisions of any law or regulation to the contrary, a student, other than a
nonimmigrant
[
alien
]

foreign
national,
within the meaning of
a �nonimmigrant alien,� as defined under

section 101 (a)(15) of the "Immigration and Nationality Act" (8
U.S.C. s.1101(a)(15)), shall be exempt from paying out-of-State tuition at a
public institution of higher education if the student:

���� (1)� attended high school in
this State for three or more years;

���� (2)� graduated from a high
school in this State or received the equivalent of a high school diploma in
this State;

���� (3)� registers as an entering
student or is currently enrolled in a public institution of higher education
not earlier than the fall semester of the 2013-2014 academic year; and

���� (4)� in the case of a person
without lawful immigration status, files an affidavit with the institution of
higher education stating that the student has filed an application to legalize
his immigration status or will file an application as soon as he is eligible to
do so.

���� b.��� Student information
obtained in the implementation of this section shall be confidential.

���� c.��� The Secretary of Higher
Education shall adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
necessary to effectuate the provisions of this section.

(cf: P.L.2013, c.170, s.1)

���� 7.��� R.S.19:15-20 is amended
to read as follows:

����
19:15-20.
��� If a
person shall be challenged as not qualified or entitled to vote, and the person
challenging him shall specify a ground for such challenge to be that� the
person so challenged is
[
an
alien
]

a foreign national
, the judge of election may forthwith� tender to him
an oath or affirmation, in the following form: "You do swear� (or affirm,
as the case may be), that to the best of your knowledge, information and
belief, you were born a citizen of the United States, and that you do not owe
allegiance to any foreign prince, potentate, state or sovereignty" , and
if the person so challenged shall refuse to take the oath or� affirmation so
tendered to him, he shall be deemed to be
[
an
alien
]

a foreign national
, unless he� shall produce at the time of claiming his
vote, to the board, a lawful certificate, issued out of and under the seal of
some court of record, having authority to admit
[
aliens
]

foreign nationals
to the
rights of a citizen of the United States, showing that he has been admitted to
the rights of a citizen of the United States.� In this case the judge shall
tender to the person so challenged an oath or affirmation in the following
form:

���� "You do swear (or affirm,
as the case may be), that you are the person named in the certificate of
naturalization which you have produced to the board."�� In case the person
producing the same shall claim to have derived the� rights of such citizen
through the naturalization of his parent, such certificate shall show that the
person alleged to be such parent has been admitted to the rights of such
citizen.� In this event, an oath or affirmation,� in the following form, shall
be tendered to such person:

���� "You do swear (or affirm,
as the case may be), that to the best of your knowledge, information and
belief, the person named in the certificate of naturalization which you have
produced to this board was your parent, and that you were at the time of the
naturalization of your parent under the age of twenty-one years, and resident
of the United States."�� If the person so challenged shall in either case
refuse to take the oath or affirmation so tendered to him, he shall be deemed
to be
[
an
alien
]

a foreign national
.

(cf: R.S.19:15-20)

���� 8.��� Section 8 of P.L.1991,
c.187 (C.26:2H-18.31) is amended to read as follows:

����
8.
��� a.� A hospital
shall not be reimbursed for the cost of uncompensated care unless the
commissioner certifies to the commission that the hospital has followed the
procedures pursuant to this section and section 11 of P.L.1991, c.187
(C.26:2H-18.33).� For the purposes of this section and section 11 of P.L.1991,
c.187 (C.26:2H-18.33), "designated hospital employee" means an
employee of the hospital who has received training in the collection of patient
financial data and identification of third party coverage and in assessing a
patient's eligibility for public assistance; and "responsible party"
means any person who is responsible for paying a patient's hospital bill.�

���� b.��� A designated hospital
employee shall interview a patient upon the patient's initial request for
care.� If the emergent nature of the patient's required health care makes the
immediate patient interview impractical, the designated hospital employee shall
interview the patient's family member, responsible party or guardian, as
appropriate, but if there is no family member, responsible party or guardian,
the designated hospital employee shall interview the patient within five
working days of the patient's admission into the hospital or prior to
discharge, whichever date is sooner.�

���� c.��� A patient interview
shall, at a minimum, include the following inquiries, except as provided in
paragraph (5) of this subsection:�

���� (1)� The designated hospital
employee shall obtain documentation of proper identification of the patient.
Documentation of proper identification may include, but shall not be limited
to, a driver's license, a voter registration card,
[
an alien
]

a foreign
national
registry card, a birth certificate, an employee identification
card, a union membership card, an insurance or welfare plan identification card
or a Social Security card. Proper identification of the patient may also be
provided by personal recognition by a person not associated with the patient.�
For the purposes of this paragraph, "proper identification" means the
patient's name, mailing address, residence telephone number, date of birth,
Social Security number, and place and type of employment, employment address
and employment telephone number, as applicable.

���� (2)� The designated hospital
employee shall inquire of the patient, family member, responsible party or
guardian, as appropriate, whether the patient is covered by health insurance,
and if so, shall request documentation of the evidence of health insurance coverage.
Documentation may include, but shall not be limited to, a government sponsored
health plan card or number, a group sponsored or direct subscription health
plan card or number, a commercial insurance identification card or claim form
or a union welfare plan identification card or claim form.�

���� (3)� If evidence of health
insurance coverage for the patient is not documented or if evidence of health
insurance coverage is documented but the patient's health insurance coverage is
unlikely to provide payment in full for the patient's account at the hospital,
the designated hospital employee shall make an initial determination of whether
the patient is eligible for participation in a public assistance program.� If
the employee concludes that the patient may be eligible for a public assistance
program, the employee shall so advise the patient, family member, responsible
party or guardian, as appropriate. The employee, either directly or through the
hospital's social services office, shall give the patient, family member,
responsible party or guardian, as appropriate, the name, address and phone
number of the public assistance office that can assist in enrolling the patient
in the program. The employee, or the social services office of the hospital,
shall also advise the public assistance office of the patient's possible
eligibility, including possible retroactive or presumptive eligibility, for the
program.�

���� Notwithstanding the provisions
of this paragraph to the contrary, if a county welfare agency employee is
assigned to the hospital pursuant to section 9 of P.L.1991, c.187
(C.26:2H-18.32) the designated hospital employee shall refer the patient,
family member, responsible party or guardian, as appropriate, to the county
welfare agency employee who shall determine if the patient is eligible for
Medicaid.�

���� (4)� If evidence of health
insurance coverage for the patient is not documented or if evidence of health
insurance coverage is documented but the patient's health insurance coverage is
unlikely to provide payment in full for the patient's account at the hospital,
and the patient does not appear to be eligible for public assistance, the
designated hospital employee shall determine if the patient is eligible for
charity care pursuant to regulations adopted by the commissioner.� If the
patient does not qualify for charity care, the designated hospital employee
shall request from the patient, family member, responsible party or guardian,
as appropriate, the patient's or responsible party's place of employment,
income, real property and durable personal property owned by the patient or
responsible party and bank accounts possessed by the patient or responsible
party, along with account numbers and the name and location of the bank.�

���� (5)� In the case of a patient
seeking outpatient services, the designated hospital employee shall make the
inquiries and obtain the documentation required pursuant to paragraphs (1) and
(2) of this subsection.� If the patient provides the required documentation,
the designated hospital employee is not required to make further inquiries, but
if the patient cannot provide the required documentation, the designated
hospital employee shall follow the procedures required pursuant to paragraphs
(3) and (4) of this subsection.�

���� d.��� The provisions of this
section shall not apply to a patient who is investigated by a county adjuster
and found to be indigent by a court of competent jurisdiction pursuant to the
provisions of chapter 4 of Title 30 of the Revised Statutes.� A patient so found
shall qualify for charity care under rules and regulations adopted by the
commissioner.�

(cf: P.L.1991, c.187, s.8)

���� 9.��� R.S.30:4-49 is amended
to read as follows:

���� 30:4-49.����� Except as
hereinafter provided, legal settlement in a county within the meaning of this
article shall be continuous residence in such county for a period of not less
than five years immediately preceding the date of application for admission or
commitment, excluding the time, if any, spent by the patient in any charitable,
or correctional institution or public hospital.
[
An alien
]

A foreign
national
who has taken up his residence in any county in this State
immediately upon arriving in this country, having had such county as his
destination, and who shall have resided in such county for a period of at least
three years immediately preceding the date of application for admission or
commitment, shall be deemed to have a legal settlement in such county.�

(cf: P.L.1995, c.155, s.10)

���� 10.� Section 3 of P.L.1968,
c.413 (C.30:4D-3) is amended to read as follows:

���� 3.��� Definitions. As used in
P.L.1968, c.413 (C.30:4D-1 et seq.), and unless the context otherwise requires:

���� a.��� "Applicant"
means any person who has made application for purposes of becoming a
"qualified applicant."

���� b.��� "Commissioner"
means the Commissioner of Human Services.

���� c.��� "Department"
means the Department of Human Services, which is herein designated as the
single State agency to administer the provisions of this act.

���� d.��� "Director"
means the Director of the Division of Medical Assistance and Health Services.

���� e.��� "Division"
means the Division of Medical Assistance and Health Services.

���� f.���� "Medicaid"
means the New Jersey Medical Assistance and Health Services Program.

���� g.��� "Medical
assistance" means payments on behalf of recipients to providers for
medical care and services authorized under P.L.1968, c.413.

���� h.��� "Provider"
means any person, public or private institution, agency, or business concern
approved by the division lawfully providing medical care, services, goods, and
supplies authorized under P.L.1968, c.413, holding, where applicable, a current
valid license to provide such services or to dispense such goods or supplies.

���� i.���� "Qualified
applicant" means a person who is a resident of this State, and either a
citizen of the United States or an eligible
[
alien
]

foreign
national
, and is determined to need medical care and services as provided
under P.L.1968, c.413, with respect to whom the period for which eligibility to
be a recipient is determined shall be the maximum period permitted under
federal law, and who:

���� (1)� Is a dependent child or
parent or caretaker relative of a dependent child who would be, except for
resources, eligible for the aid to families with dependent children program
under the State Plan for Title IV-A of the federal Social Security Act as of July
16, 1996;

���� (2)� Is a recipient of
Supplemental Security Income for the Aged, Blind and Disabled under Title XVI
of the Social Security Act;

���� (3)� Is an "ineligible
spouse" of a recipient of Supplemental Security Income for the Aged, Blind
and Disabled under Title XVI of the Social Security Act, as defined by the
federal Social Security Administration;

���� (4)� Would be eligible to
receive Supplemental Security Income under Title XVI of the federal Social
Security Act or, without regard to resources, would be eligible for the aid to
families with dependent children program under the State Plan for Title IV-A of
the federal Social Security Act as of July 16, 1996, except for failure to meet
an eligibility condition or requirement imposed under such State program which
is prohibited under Title XIX of the federal Social Security Act such as a
durational residency requirement, relative responsibility, consent to
imposition of a lien;

���� (5)� (Deleted by amendment,
P.L.2000, c.71).

���� (6)� Is an individual under 21
years of age who, without regard to resources, would be, except for dependent
child requirements, eligible for the aid to families with dependent children
program under the State Plan for Title IV-A of the federal Social Security Act
as of July 16, 1996, or groups of such individuals, including but not limited
to, children in resource family placement under supervision of the Division of
Child Protection and Permanency in the Department of Children and Families
whose maintenance is being paid in whole or in part from public funds, children
placed in a resource family home or institution by a private adoption agency in
New Jersey or children in intermediate care facilities, including developmental
centers for the developmentally disabled, or in psychiatric hospitals;

���� (7)� Would be eligible for the
Supplemental Security Income program, but is not receiving such assistance and
applies for medical assistance only;

���� (8)� Is determined to be
medically needy and meets all the eligibility requirements described below:

���� (a)�� The following
individuals are eligible for services, if they are determined to be medically
needy:

���� (i)�� Pregnant women;

���� (ii) Dependent children under
the age of 21;

���� (iii) Individuals who are 65
years of age and older; and

���� (iv) Individuals who are blind
or disabled pursuant to either 42 C.F.R.435.530 et seq. or 42 C.F.R.435.540 et
seq., respectively.

���� (b)� The following income
standard shall be used to determine medically needy eligibility:

���� (i)�� For one person and two
person households, the income standard shall be the maximum allowable under
federal law, but shall not exceed 133 1/3% of the State's payment level to two
person households under the aid to families with dependent children program under
the State Plan for Title IV-A of the federal Social Security Act in effect as
of July 16, 1996; and

���� (ii) For households of three
or more persons, the income standard shall be set at 133 1/3% of the State's
payment level to similar size households under the aid to families with
dependent children program under the State Plan for Title IV-A of the federal
Social Security Act in effect as of July 16, 1996.

���� (c)�� The following resource
standard shall be used to determine medically needy eligibility:

���� (i)�� For one person
households, the resource standard shall be 200% of the resource standard for
recipients of Supplemental Security Income pursuant to 42 U.S.C. s.1382(1)(B);

���� (ii) For two person
households, the resource standard shall be 200% of the resource standard for
recipients of Supplemental Security Income pursuant to 42 U.S.C. s.1382(2)(B);

���� (iii) For households of three
or more persons, the resource standard in subparagraph (c)(ii) above shall be
increased by $100.00 for each additional person; and

���� (iv) The resource standards
established in (i), (ii), and (iii) are subject to federal approval and the
resource standard may be lower if required by the federal Department of Health
and Human Services.

���� (d)� Individuals whose income
exceeds those established in subparagraph (b) of paragraph (8) of this
subsection may become medically needy by incurring medical expenses as defined
in 42 C.F.R.435.831(c) which will reduce their income to the applicable medically
needy income established in subparagraph (b) of paragraph (8) of this
subsection.

���� (e)�� A six-month period shall
be used to determine whether an individual is medically needy.

���� (f)�� Eligibility
determinations for the medically needy program shall be administered as
follows:

���� (i)�� County welfare agencies
and other entities designated by the commissioner are responsible for
determining and certifying the eligibility of pregnant women and dependent
children.� The division shall reimburse county welfare agencies for 100% of the
reasonable costs of administration which are not reimbursed by the federal
government for the first 12 months of this program's operation. Thereafter, 75%
of the administrative costs incurred by county welfare agencies which are not
reimbursed by the federal government shall be reimbursed by the division;

���� (ii) The division is
responsible for certifying the eligibility of individuals who are 65 years of
age and older and individuals who are blind or disabled.� The division may
enter into contracts with county welfare agencies to determine certain aspects
of eligibility. In such instances the division shall provide county welfare
agencies with all information the division may have available on the
individual.

���� The division shall notify all
eligible recipients of the Pharmaceutical Assistance to the Aged and Disabled
program, P.L.1975, c.194 (C.30:4D-20 et seq.) on an annual basis of the
medically needy program and the program's general requirements.� The division
shall take all reasonable administrative actions to ensure that Pharmaceutical
Assistance to the Aged and Disabled recipients, who notify the division that
they may be eligible for the program, have their applications processed
expeditiously, at times and locations convenient to the recipients; and

���� (iii) The division is
responsible for certifying incurred medical expenses for all eligible persons
who attempt to qualify for the program pursuant to subparagraph (d) of
paragraph (8) of this subsection;

���� (9)� (a) Is a child who is at
least one year of age and under 19 years of age and, if older than six years of
age but under 19 years of age, is uninsured; and

���� (b)� Is a member of a family
whose income does not exceed 133% of the poverty level and who meets the
federal Medicaid eligibility requirements set forth in section 9401 of
Pub.L.99-509 (42 U.S.C. s.1396a);

���� (10) Is a pregnant woman who
is determined by a provider to be presumptively eligible for medical assistance
based on criteria established by the commissioner, pursuant to section 9407 of
Pub.L.99-509 (42 U.S.C. s.1396a(a));

���� (11) Is an individual 65 years
of age and older, or an individual who is blind or disabled pursuant to section
301 of Pub.L.92-603 (42 U.S.C. s.1382c), whose income does not exceed 100% of
the poverty level, adjusted for family size, and whose resources do not exceed
100% of the resource standard used to determine medically needy eligibility
pursuant to paragraph (8) of this subsection;

���� (12) Is a qualified disabled
and working individual pursuant to section 6408 of Pub.L.101-239 (42 U.S.C.
s.1396d) whose income does not exceed 200% of the poverty level and whose
resources do not exceed 200% of the resource standard used to determine eligibility
under the Supplemental Security Income Program, P.L.1973, c.256 (C.44:7-85 et
seq.);

���� (13) Is a pregnant woman or is
a child who is under one year of age and is a member of a family whose income
does not exceed 185% of the poverty level and who meets the federal Medicaid
eligibility requirements set forth in section 9401 of Pub.L.99-509 (42 U.S.C.
s.1396a), except that a pregnant woman who is determined to be a qualified
applicant shall, notwithstanding any change in the income of the family of
which she is a member, continue to be deemed a qualified applicant until the
end of the 60-day period beginning on the last day of her pregnancy;

���� (14) (Deleted by amendment,
P.L.1997, c.272).

���� (15) (a) Is a specified
low-income Medicare beneficiary pursuant to 42 U.S.C. s.1396a(a)10(E)iii whose
resources beginning January 1, 1993 do not exceed 200% of the resource standard
used to determine eligibility under the Supplemental Security Income program,
P.L.1973, c.256 (C.44:7-85 et seq.) and whose income beginning January 1, 1993
does not exceed 110% of the poverty level, and beginning January 1, 1995 does
not exceed 120% of the poverty level.

���� (b)� An individual who has,
within 36 months, or within 60 months in the case of funds transferred into a
trust, of applying to be a qualified applicant for Medicaid services in a
nursing facility or a medical institution, or for home or community-based services
under section 1915(c) of the federal Social Security Act (42 U.S.C.
s.1396n(c)), disposed of resources or income for less than fair market value
shall be ineligible for assistance for nursing facility services, an equivalent
level of services in a medical institution, or home or community-based services
under section 1915(c) of the federal Social Security Act (42 U.S.C.
s.1396n(c)). The period of the ineligibility shall be the number of months
resulting from dividing the uncompensated value of the transferred resources or
income by the average monthly private payment rate for nursing facility
services in the State as determined annually by the commissioner. In the case
of multiple resource or income transfers, the resulting penalty periods shall
be imposed sequentially.� Application of this requirement shall be governed by
42 U.S.C. s.1396p(c).� In accordance with federal law, this provision is
effective for all transfers of resources or income made on or after August 11,
1993.� Notwithstanding the provisions of this subsection to the contrary, the
State eligibility requirements concerning resource or income transfers shall
not be more restrictive than those enacted pursuant to 42 U.S.C. s.1396p(c).

���� (c)�� An individual seeking
nursing facility services or home or community-based services and who has a
community spouse shall be required to expend those resources which are not
protected for the needs of the community spouse in accordance with section
1924(c) of the federal Social Security Act (42 U.S.C. s.1396r-5(c)) on the
costs of long-term care, burial arrangements, and any other expense deemed
appropriate and authorized by the commissioner.� An individual shall be
ineligible for Medicaid services in a nursing facility or for home or
community-based services under section 1915(c) of the federal Social Security
Act (42 U.S.C. s.1396n(c)) if the individual expends funds in violation of this
subparagraph.� The period of ineligibility shall be the number of months
resulting from dividing the uncompensated value of transferred resources and
income by the average monthly private payment rate for nursing facility
services in the State as determined by the commissioner.� The period of
ineligibility shall begin with the month that the individual would otherwise be
eligible for Medicaid coverage for nursing facility services or home or
community-based services.

���� This subparagraph shall be
operative only if all necessary approvals are received from the federal
government including, but not limited to, approval of necessary State plan
amendments and approval of any waivers;

���� (16) Subject to federal
approval under Title XIX of the federal Social Security Act, is a dependent
child, parent or specified caretaker relative of a child who is a qualified
applicant, who would be eligible, without regard to resources, for the aid to families
with dependent children program under the State Plan for Title IV-A of the
federal Social Security Act as of July 16, 1996, except for the income
eligibility requirements of that program, and whose family earned income,

���� (a)�� if a dependent child,
does not exceed 133% of the poverty level; and

���� (b)� if a parent or specified
caretaker relative, beginning September 1, 2005 does not exceed 100% of the
poverty level, beginning September 1, 2006 does not exceed 115% of the poverty
level and beginning September 1, 2007 does not exceed 133% of the poverty level,

plus such earned income disregards
as shall be determined according to a methodology to be established by
regulation of the commissioner;

���� The commissioner may increase
the income eligibility limits for children and parents and specified caretaker
relatives, as funding permits;

���� (17) Is an individual from 18
through 20 years of age who is not a dependent child and would be eligible for
medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), without
regard to income or resources, who, on the individual's 18th birthday was in
resource family care under the care and custody of the Division of Child
Protection and Permanency in the Department of Children and Families and whose
maintenance was being paid in whole or in part from public funds;

���� (18) Is a person between the
ages of 16 and 65 who is permanently disabled and working, and:

���� (a)�� whose income is at or
below 250% of the poverty level, plus other established disregards;

���� (b)� who pays the premium
contribution and other cost sharing as established by the commissioner, subject
to the limits and conditions of federal law; and

���� (c)�� whose assets, resources
and unearned income do not exceed limitations as established by the
commissioner;

���� (19) Is an uninsured
individual under 65 years of age who:

���� (a)�� has been screened for
breast or cervical cancer under the federal Centers for Disease Control and
Prevention breast and cervical cancer early detection program;

���� (b)� requires treatment for
breast or cervical cancer based upon criteria established by the commissioner;

���� (c)�� has an income that does
not exceed the income standard established by the commissioner pursuant to
federal guidelines;

���� (d)� meets all other Medicaid
eligibility requirements; and

���� (e)�� in accordance with
Pub.L.106-354, is determined by a qualified entity to be presumptively eligible
for medical assistance pursuant to 42 U.S.C. s.1396a(aa), based upon criteria
established by the commissioner pursuant to section 1920B of the federal Social
Security Act (42 U.S.C. s.1396r-1b);

���� (20) Subject to federal
approval under Title XIX of the federal Social Security Act, is a single adult
or couple, without dependent children, whose income in 2006 does not exceed 50%
of the poverty level, in 2007 does not exceed 75% of the poverty level and in
2008 and each year thereafter does not exceed 100% of the poverty level; except
that a person who is a recipient of Work First New Jersey general public
assistance, pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), shall not be a
qualified applicant; or

���� (21) is an individual who:

���� (a)�� has an income that does
not exceed the highest income eligibility level for pregnant women established
under the State plan under Title XIX or Title XXI of the federal Social
Security Act;

���� (b)� is not pregnant; and

���� (c)�� is eligible to receive
family planning services provided under the Medicaid program pursuant to
subsection k. of section 6 of P.L.1968, c.413 (C.30:4D-6) and in accordance
with 42 U.S.C. s.1396a(ii).

���� j.���� "Recipient"
means any qualified applicant receiving benefits under this act.

���� k.��� "Resident"
means a person who is living in the State voluntarily with the intention of
making his home here and not for a temporary purpose.� Temporary absences from
the State, with subsequent returns to the State or intent to return when the purposes
of the absences have been accomplished, do not interrupt continuity of
residence.

���� l.���� "State Medicaid
Commission" means the Governor, the Commissioner of Human Services, the
President of the Senate and the Speaker of the General Assembly, hereby
constituted a commission to approve and direct the means and method for the
payment of claims pursuant to P.L.1968, c.413.

���� m.�� "Third party"
means any person, institution, corporation, insurance company, group health
plan as defined in section 607(1) of the federal "Employee Retirement and
Income Security Act of 1974," 29 U.S.C. s.1167(1), service benefit plan,
health maintenance organization, or other prepaid health plan, or public,
private or governmental entity who is or may be liable in contract, tort, or
otherwise by law or equity to pay all or part of the medical cost of injury,
disease or disability of an applicant for or recipient of medical assistance
payable under P.L.1968, c.413.

���� n.��� "Governmental peer
grouping system" means a separate class of skilled nursing and
intermediate care facilities administered by the State or county governments,
established for the purpose of screening their reported costs and setting
reimbursement rates under the Medicaid program that are reasonable and adequate
to meet the costs that must be incurred by efficiently and economically
operated State or county skilled nursing and intermediate care facilities.

���� o.��� "Comprehensive
maternity or pediatric care provider" means any person or public or
private health care facility that is a provider and that is approved by the
commissioner to provide comprehensive maternity care or comprehensive pediatric
care as defined in subsection b. (18) and (19) of section 6 of P.L.1968, c.413
(C.30:4D-6).

���� p.��� "Poverty
level" means the official poverty level based on family size established
and adjusted under Section 673(2) of Subtitle B, the "Community Services
Block Grant Act," of Pub.L.97-35 (42 U.S.C. s.9902(2)).

���� q.��� "Eligible
[
alien
]

foreign
national
" means one of the following:

���� (1)�
[
an alien
]

A foreign
national
present in the United States prior to August 22, 1996, who is:

���� (a)�� a lawful permanent
resident;

���� (b)� a refugee pursuant to
section 207 of the federal "Immigration and Nationality Act" (8
U.S.C. s.1157);

���� (c)�� an asylee pursuant to
section 208 of the federal "Immigration and Nationality Act" (8
U.S.C. s.1158);

���� (d)�
[
an alien
]

a foreign
national
who has had deportation withheld pursuant to section 243(h) of the
federal "Immigration and Nationality Act" (8 U.S.C. s.1253 (h));

���� (e)��
[
an alien
]

a foreign
national
who has been granted parole for less than one year by the U.S.
Citizenship and Immigration Services pursuant to section 212(d)(5) of the
federal "Immigration and Nationality Act" (8 U.S.C. s.1182(d)(5));

���� (f)��
[
an alien
]

a foreign
national
granted conditional entry pursuant to section 203(a)(7) of the
federal "Immigration and Nationality Act" (8 U.S.C. s.1153(a)(7)) in
effect prior to April 1, 1980; or

���� (g)�
[
an alien
]

a foreign
national
who is honorably discharged from or on active duty in the United
States armed forces and the
[
alien's
]

foreign
national�s
spouse and unmarried dependent child.

���� (2)�
[
An alien
]

A foreign
national
who entered the United States on or after August 22, 1996, who is:

���� (a)��
[
an alien
]

a foreign
national
as described in paragraph (1)(b), (c), (d) or (g) of this
subsection; or

���� (b)�
[
an alien
]

a foreign
national
as described in paragraph (1)(a), (e) or (f) of this subsection
who entered the United States at least five years ago.

���� (3)� A legal
[
alien
]

foreign
national
who is a victim of domestic violence in accordance with criteria
specified for eligibility for public benefits as provided in Title V of the
federal "Illegal Immigration Reform and Immigrant Responsibility Act of
1996" (8 U.S.C. s.1641).

(cf: P.L.2018, c.1, s.1)

���� 11.� Section 2 of P.L.1997,
c.352 (C.30:4D-6f) is amended to read as follows:

���� 2.��� An eligible
[
alien
]

foreign
national
as defined in section 3 of P.L.1968, c.413 (C.30:4D-1 et seq.) who
otherwise meets all eligibility criteria therefor is entitled to medical
assistance provided pursuant to section 6 of P.L.1968, c.413 (C.30:4D-6).�
[
An alien
]
�
A foreign
national
who does not qualify as an eligible
[
alien
]

foreign national
but who
is a resident of New Jersey and would otherwise be eligible for medical
assistance provided pursuant to section 6 of P.L.1968, c.413 is entitled only
to care and services necessary for the treatment of an emergency medical
condition as defined in section 1903(v)(3) of the federal Social Security Act
(42 U.S.C. s.1396b(v)(3)).

(cf: P.L.1997, c.352, s.2)

���� 12.� Section 2 of P.L.2002,
c.81 (C.34:8-79) is amended to read as follows:

���� 2.��� a.� The Director of the
Division of Consumer Affairs in the Department of Law and Public Safety, in
consultation with the Commissioner of Health and Senior Services, shall require
that, no later than the 180th day after the date of enactment of this act, each
health care service firm regulated by the Division of Consumer Affairs shall
provide the following information to each patient receiving home-based services
from that firm, or to a person designated by the patient:

���� (1)� the name and
certification or licensure title, as applicable, of the homemaker-home health
aide or other health care professional whose practice is regulated pursuant to
Title 45 of the Revised Statutes, to be displayed on an identification tag as
required by regulation of the New Jersey Board of Nursing, or as otherwise to
be prescribed by regulation of the director for other health care
professionals, that the homemaker-home health aide or other health care
professional shall wear at all times while examining, observing or caring for
the patient; and

���� (2)� a copy of the most
current edition of the consumer guide to homemaker-home health aides published
by the New Jersey Board of Nursing.

���� b.��� The Director of the
Division of Consumer Affairs in the Department of Law and Public Safety, in
consultation with the Commissioner of Health and Senior Services, shall require
that, no later than the 180th day after the date of enactment of this act, each
health care service firm, employment agency or registry and temporary help
service firm or personnel consultant regulated by the Division of Consumer
Affairs shall provide the following information in writing to each consumer
receiving home-based services, including, but not limited to, domestic,
companion, sitter and live-in services, from a person who is employed by that
firm, agency, registry or consultant and is not a certified homemaker-home
health aide or other health care professional whose practice is regulated
pursuant to Title 45 of the Revised Statutes, or to a person designated by the
consumer:

���� (1)� notification that the
person is not a certified homemaker-home health aide or other health care
professional whose practice is regulated pursuant to Title 45 of the Revised
Statutes;

���� (2)� any training received by
that person which the firm, agency, registry or consultant deems relevant to
the provision of those services that the person is assigned to provide to the
consumer;

���� (3)� proof that the person is
a United States citizen or legally documented
[
alien
]

foreign
national
; and

���� (4)� evidence of employment
history verification or character references for that person.

���� c.��� The information provided
pursuant to subsections a. and b. of this section shall be provided:

���� (1)� in advance of the
provision of services to the patient or consumer, as applicable, whenever
possible; and

���� (2)� otherwise upon the
initial visit to the patient's or consumer's home of the person assigned to
provide services to the patient or consumer.

���� d.��� Beginning on the first
day of the 13th month after the date of enactment of this act, the
identification tag required pursuant to subsection a. of this section shall
include a photograph of the homemaker-home health aide or other health care
professional.

���� e.��� The director, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), shall adopt rules and regulations to effectuate the purposes of this
section.

(cf: P.L.2002, c.81, s.2)

���� 13.� R.S.43:21-4 is amended to
read as follows:

���� 43:21-4. Benefit eligibility
conditions. An unemployed individual shall be eligible to receive benefits with
respect to any week eligible only if:

���� (a)�� The individual has filed
a claim at an unemployment insurance claims office and thereafter continues to
report at an employment service office or unemployment insurance claims office,
as directed by the division in accordance with such regulations as the division
may prescribe, except that the division may, by regulation, waive or alter
either or both of the requirements of this subsection as to individuals
attached to regular jobs, and as to such other types of cases or situations
with respect to which the division finds that compliance with such requirements
would be oppressive, or would be inconsistent with the purpose of this act;
provided that no such regulation shall conflict with subsection (a) of
R.S.43:21-3.

���� (b)� The individual has made a
claim for benefits in accordance with the provisions of subsection (a) of
R.S.43:21-6.

���� (c) (1) The individual is able
to work, and is available for work, and has demonstrated to be actively seeking
work, except as hereinafter provided in this subsection or in subsection (f) of
this section.

���� (2)� The director may modify
the requirement of actively seeking work if such modification of this
requirement is warranted by economic conditions.

���� (3)� No individual, who is
otherwise eligible, shall be deemed ineligible, or unavailable for work,
because the individual is on vacation, without pay, during said week, if said
vacation is not the result of the individual's own action as distinguished from
any collective action of a collective bargaining agent or other action beyond
the individual's control.

���� (4) (A) Subject to such
limitations and conditions as the division may prescribe, an individual, who is
otherwise eligible, shall not be deemed unavailable for work or ineligible
because the individual is attending a training program approved for the individual
by the division to enhance the individual's employment opportunities or because
the individual failed or refused to accept work while attending such program.

���� (B)� For the purpose of this
paragraph (4), any training program shall be regarded as approved by the
division for the individual if the program and the individual meet the
following requirements:

���� (i)�� The training is for a
labor demand occupation and is likely to enhance the individual's marketable
skills and earning power, except that the training may be for an occupation
other than a labor demand occupation if the individual is receiving short-time benefits
pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et al.) and the
training is necessary to prevent a likely loss of jobs;

���� (ii)� The training is provided
by a competent and reliable private or public entity approved by the
Commissioner of Labor and Workforce Development pursuant to the provisions of
section 8 of the "1992 New Jersey Employment and Workforce Development
Act," P.L.1992, c.43 (C.34:15D-8);

���� (iii) The individual can
reasonably be expected to complete the program, either during or after the
period of benefits;

���� (iv) The training does not
include on the job training or other training under which the individual is
paid by an employer for work performed by the individual during the time that
the individual receives benefits; and

���� (v)� The individual enrolls in
vocational training, remedial education or a combination of both on a full-time
basis, except that the training or education may be on a part-time basis if the
individual is receiving short-time benefits pursuant to the provisions of
P.L.2011, c.154 (C.43:21-20.3 et al.).

���� (C)� If the requirements of
subparagraph (B) of this paragraph (4) are met, the division shall not withhold
approval of the training program for the individual for any of the following
reasons:

���� (i)�� The training includes
remedial basic skills education necessary for the individual to successfully
complete the vocational component of the training;

���� (ii)� The training is provided
in connection with a program under which the individual may obtain a college
degree, including a post-graduate degree;

���� (iii) The length of the
training period under the program; or

���� (iv) The lack of a prior
guarantee of employment upon completion of the training.

���� (D)� For the purpose of this
paragraph (4), "labor demand occupation" means an occupation for
which there is or is likely to be an excess of demand over supply for
adequately trained workers, including, but not limited to, an occupation
designated as a labor demand occupation by the Center for Occupational
Employment Information pursuant to the provisions of subsection d. of section
27 of P.L.2005, c.354 (C.34:1A-86).

���� (5)� An unemployed individual,
who is otherwise eligible, shall not be deemed unavailable for work or
ineligible solely by reason of the individual's attendance before a court in
response to a summons for service on a jury.

���� (6)� An unemployed individual,
who is otherwise eligible, shall not be deemed unavailable for work or
ineligible solely by reason of the individual's attendance at the funeral of an
immediate family member, provided that the duration of the attendance does not
extend beyond a two-day period.

���� For purposes of this
paragraph, "immediate family member" includes any of the following
individuals: father, mother, mother-in-law, father-in-law, grandmother,
grandfather, grandchild, spouse, child, child placed by the Division of Youth
and Family Services in the Department of Children and Families, sister or
brother of the unemployed individual and any relatives of the unemployed
individual residing in the unemployed individual's household.

���� (7)� No individual, who is
otherwise eligible, shall be deemed ineligible or unavailable for work with
respect to any week because, during that week, the individual fails or refuses
to accept work while the individual is participating on a full-time basis in self-employment
assistance activities authorized by the division, whether or not the individual
is receiving a self-employment allowance during that week.

���� (8)� Any individual who is
determined to be likely to exhaust regular benefits and need reemployment
services based on information obtained by the worker profiling system shall not
be eligible to receive benefits if the individual fails to participate in available
reemployment services to which the individual is referred by the division or in
similar services, unless the division determines that:

���� (A)� The individual has
completed the reemployment services; or

���� (B)� There is justifiable
cause for the failure to participate, which shall include participation in
employment and training, self-employment assistance activities or other
activities authorized by the division to assist reemployment or enhance the
marketable skills and earning power of the individual and which shall include
any other circumstance indicated pursuant to this section in which an
individual is not required to be available for and actively seeking work to
receive benefits.

���� (9)� An unemployed individual,
who is otherwise eligible, shall not be deemed unavailable for work or
ineligible solely by reason of the individual's work as a board worker for a
county board of elections on an election day.

���� (10) An individual who is
employed by a shared work employer and is otherwise eligible for benefits shall
not be deemed ineligible for short-time benefits because the individual is
unavailable for work with employers other than the shared work employer, so
long as:

���� (A)� The individual is able to
work and is available to work the individual's normal full-time hours for the
shared work employer; or

���� (B)� The individual is
attending a training program which is in compliance with the provisions of
paragraph (4) of subsection (c) of this section and the agreements and
certifications required pursuant to the provisions of section 2 of P.L.2011,
c.154 (C.43:21-20.4).

���� (d)� With respect to any
benefit year commencing before January 1, 2002, the individual has been totally
or partially unemployed for a waiting period of one week in the benefit year
which includes that week. When benefits become payable with respect to the third
consecutive week next following the waiting period, the individual shall be
eligible to receive benefits as appropriate with respect to the waiting
period.� No week shall be counted as a week of unemployment for the purposes of
this subsection:

���� (1)� If benefits have been
paid, or are payable with respect thereto; provided that the requirements of
this paragraph shall be waived with respect to any benefits paid or payable for
a waiting period as provided in this subsection;

���� (2)� If it has constituted a
waiting period week under the "Temporary Disability Benefits Law,"
P.L.1948, c.110 (C.43:21-25 et al.);

���� (3)� Unless the individual
fulfills the requirements of subsections (a) and (c) of this section;

���� (4)� If with respect thereto,
claimant was disqualified for benefits in accordance with the provisions of
subsection (d) of R.S.43:21-5.

���� The waiting period provided by
this subsection shall not apply to benefit years commencing on or after January
1, 2002.� An individual whose total benefit amount was reduced by the
application of the waiting period to a claim which occurred on or after January
1, 2002 and before the effective date of P.L.2002, c.13, shall be permitted to
file a claim for the additional benefits attributable to the waiting period in
the form and manner prescribed by the division, but not later than the 180th
day following the effective date of P.L.2002, c.13 unless the division
determines that there is good cause for a later filing.

���� (e) (1) (Deleted by amendment,
P.L.2001, c.17).

���� (2)� (Deleted by amendment,
P.L.2008, c.17).

���� (3)� (Deleted by amendment,
P.L.2008, c.17).

���� (4)� With respect to benefit
years commencing on or after January 7, 2001, except as otherwise provided in
paragraph (5) of this subsection, the individual has, during his base year as
defined in subsection (c) of R.S.43:21-19:

���� (A)� Established at least 20
base weeks as defined in paragraphs (2) and (3) of subsection (t) of
R.S.43:21-19; or

���� (B)� If the individual has not
met the requirements of subparagraph (A) of this paragraph (4), earned
remuneration not less than an amount 1,000 times the minimum wage in effect
pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the
calendar year preceding the calendar year in which the benefit year commences,
which amount shall be adjusted to the next higher multiple of $100 if not
already a multiple thereof.

���� (5)� With respect to benefit
years commencing on or after January 7, 2001, notwithstanding the provisions of
paragraph (4) of this subsection, an unemployed individual claiming benefits on
the basis of service performed in the production and harvesting of agricultural
crops shall, subject to the limitations of subsection (i) of R.S.43:21-19, be
eligible to receive benefits if during his base year, as defined in subsection
(c) of R.S.43:21-19, the individual:

���� (A)� Has established at least
20 base weeks as defined in paragraphs (2) and (3) of subsection (t) of
R.S.43:21-19; or

���� (B)� Has earned remuneration
not less than an amount 1,000 times the minimum wage in effect pursuant to
section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year
preceding the calendar year in which the benefit year commences, which amount
shall be adjusted to the next higher multiple of $100 if not already a multiple
thereof; or

���� (C)� Has performed at least
770 hours of service in the production and harvesting of agricultural crops.

���� (6)� The individual applying
for benefits in any successive benefit year has earned at least six times his
previous weekly benefit amount and has had four weeks of employment since the
beginning of the immediately preceding benefit year.� This provision shall be
in addition to the earnings requirements specified in paragraph (4) or (5) of
this subsection, as applicable.

���� (f) (1) The individual has
suffered any accident or sickness not compensable under the workers'
compensation law, R.S.34:15-1 et seq. and resulting in the individual's total
disability to perform any work for remuneration, and would be eligible to
receive benefits under this chapter (R.S.43:21-1 et seq.) (without regard to
the maximum amount of benefits payable during any benefit year) except for the
inability to work and has furnished notice and proof of claim to the division,
in accordance with its rules and regulations, and payment is not precluded by
the provisions of R.S.43:21-3(d); provided, however, that benefits paid under
this subsection (f) shall be computed on the basis of only those base year
wages earned by the claimant as a "covered individual," as defined in
subsection (b) of section 3 of P.L.1948, c.110 (C.43:21-27); provided further
that no benefits shall be payable under this subsection to any individual:

���� (A)� For any period during
which such individual is not under the care of a legally licensed physician,
dentist, optometrist, podiatrist, practicing psychologist, advanced practice
nurse, or chiropractor, who, when requested by the division, shall certify within
the scope of the practitioner's practice, the disability of the individual, the
probable duration thereof, and, where applicable, the medical facts within the
practitioner's knowledge;

���� (B)� (Deleted by amendment,
P.L.1980, c.90.)

���� (C)� For any period of
disability due to willfully or intentionally self-inflicted injury, or to
injuries sustained in the perpetration by the individual of a crime of the
first, second or third degree;

���� (D)� For any week with respect
to which or a part of which the individual has received or is seeking benefits
under any unemployment compensation or disability benefits law of any other
state or of the United States; provided that if the appropriate agency of such
other state or the United States finally determines that the individual is not
entitled to such benefits, this disqualification shall not apply;

���� (E)� For any week with respect
to which or part of which the individual has received or is seeking disability
benefits under the "Temporary Disability Benefits Law," P.L.1948,
c.110 (C.43:21-25 et al.);

���� (F)� For any period of
disability commencing while such individual is a "covered
individual," as defined in subsection (b) of section 3 of the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27).

���� (2)� The individual is taking
family temporary disability leave to provide care for a family member with a
serious health condition or to be with a child during the first 12 months after
the child's birth or placement of the child for adoption or as a foster child
with the individual, and the individual would be eligible to receive benefits
under R.S.43:21-1 et seq. (without regard to the maximum amount of benefits
payable during any benefit year) except for the individual's unavailability for
work while taking the family temporary disability leave, and the individual has
furnished notice and proof of claim to the division, in accordance with its
rules and regulations, and payment is not precluded by the provisions of
R.S.43:21-3(d) provided, however, that benefits paid under this subsection (f)
shall be computed on the basis of only those base year wages earned by the
claimant as a "covered individual," as defined in subsection (b) of
section 3 of P.L.1948, c.110 (C.43:21-27); provided further that no benefits shall
be payable under this subsection to any individual:

���� (A)� For any week with respect
to which or a part of which the individual has received or is seeking benefits
under any unemployment compensation or disability benefits law of any other
state or of the United States; provided that if the appropriate agency of such
other state or the United States finally determines that the individual is not
entitled to such benefits, this disqualification shall not apply;

���� (B)� For any week with respect
to which or part of which the individual has received or is seeking disability
benefits for a disability of the individual under the "Temporary
Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.);

���� (C)� For any period of family
temporary disability leave commencing while the individual is a "covered
individual," as defined in subsection (b) of section 3 of the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27); or

���� (D)� For any period of family
temporary disability leave for a serious health condition of a family member of
the claimant during which the family member is not receiving inpatient care in
a hospital, hospice, or residential medical care facility and is not subject to
continuing medical treatment or continuing supervision by a health care
provider, who, when requested by the division, shall certify within the scope
of the provider's practice, the serious health condition of the family member,
the probable duration thereof, and, where applicable, the medical facts within
the provider's knowledge.

���� (3)� Benefit payments under
this subsection (f) shall be charged to and paid from the State disability
benefits fund established by the "Temporary Disability Benefits Law,"
P.L.1948, c.110 (C.43:21-25 et al.), and shall not be charged to any employer
account in computing any employer's experience rate for contributions payable
under this chapter.

���� (g)� Benefits based on service
in employment defined in subparagraphs (B) and (C) of R.S.43:21-19 (i)(1) shall
be payable in the same amount and on the terms and subject to the same
conditions as benefits payable on the basis of other service subject to the "unemployment
compensation law"; except that, notwithstanding any other provisions of
the "unemployment compensation law":

���� (1)� With respect to service
performed after December 31, 1977, in an instructional, research, or principal
administrative capacity for an educational institution, benefits shall not be
paid based on such services for any week of unemployment commencing during the
period between two successive academic years, or during a similar period
between two regular terms, whether or not successive, or during a period of
paid sabbatical leave provided for in the individual's contract, to any
individual if such individual performs such services in the first of such
academic years (or terms) and if there is a contract or a reasonable assurance
that such individual will perform services in any such capacity for any
educational institution in the second of such academic years or terms;

���� (2)� With respect to weeks of
unemployment beginning after September 3, 1982, on the basis of service
performed in any other capacity for an educational institution, benefits shall
not be paid on the basis of such services to any individual for any week which
commences during a period between two successive academic years or terms if
such individual performs such services in the first of such academic years or
terms and there is a reasonable assurance that such individual will perform
such services in the second of such academic years or terms, except that if
benefits are denied to any individual under this paragraph (2) and the
individual was not offered an opportunity to perform these services for the
educational institution for the second of any academic years or terms, the
individual shall be entitled to a retroactive payment of benefits for each week
for which the individual filed a timely claim for benefits and for which
benefits were denied solely by reason of this clause;

���� (3)� With respect to those
services described in paragraphs (1) and (2) above, benefits shall not be paid
on the basis of such services to any individual for any week which commences
during an established and customary vacation period or holiday recess if such
individual performs such services in the period immediately before such
vacation period or holiday recess, and there is a reasonable assurance that
such individual will perform such services in the period immediately following
such period or holiday recess;

���� (4)� With respect to any
services described in paragraphs (1) and (2) above, benefits shall not be paid
as specified in paragraphs (1), (2), and (3) above to any individual who
performed those services in an educational institution while in the employ of
an educational service agency, and for this purpose the term "educational
service agency" means a governmental agency or governmental entity which
is established and operated exclusively for the purpose of providing those
services to one or more educational institutions;

���� (5)� As used in this
subsection (g) in order for there to be a "reasonable assurance" all
of the following requirements shall be met:

���� (A)� The educational
institution has made an offer of employment in the following academic year or
term that is either written, oral, or implied;

���� (B)� The offer of employment
in the following academic year or term was made by an individual with actual
authority to offer employment;

���� (C)� The employment offered in
the following academic year or term shall be in the same capacity;

���� (D)� The economic conditions
of the employment offered may not be considerably less in the following
academic year or term than in the then current academic year or term.� For the
purpose of this paragraph, "considerably less" means that the claimant
will earn less than 90 percent of the amount the claimant earned in the then
current academic year or term;

���� (E)� The offer of employment
in the following academic year or term is not contingent upon a factor or
factors that are within the educational institution's control, including but
not limited to, course programming, decisions on how to allocate available funding,
final course offerings, program changes, and facility availability; and

���� (F)� Based on a totality of
the circumstances, it is highly probable that there is a job available for the
claimant in the following academic year or term.� If a job offer contains a
contingency, primary weight should be given to the contingent nature of the offer
of employment. Contingencies that are not necessarily within the educational
institution's control, such as funding, enrollment and seniority, may be taken
into consideration but the existence of any one contingency should not
determine whether it is highly probable that there is a job available for the
claimant in the following academic year or term.

���� (6)� Determinations by the
department whether claimants have a "reasonable assurance" shall be
done on a case-by-case basis.

���� (7)� Each educational
institution shall provide the following to the department, in a form, including
electronic form, prescribed by the commissioner, no less than 10 business days
prior to the end of the academic year or term:

���� (A)� A list of all employees
who the educational institution has concluded do not have a reasonable
assurance of employment in the following academic year or term, along with
information prescribed by the commissioner regarding each such employee, which
information shall include, but not be limited to, name and social security
number; and

���� (B)� For each employee that
the educational institution maintains does have a reasonable assurance of
employment in the following academic year or term, a statement explaining the
manner in which the employee was given a reasonable assurance of employment, that
is, whether it was in writing, oral, or implied, and what information about the
offer, including contingencies, was communicated to the individual.

���� (8)� The statement required
under subparagraph (B) of paragraph (7) of this subsection (g) may be used by
the department in its analysis under paragraphs (5) and (6) of this subsection
(g), but it does not conclusively demonstrate that the claimant has a reasonable
assurance of employment in the following academic year or term.

���� (9)� Failure of an educational
institution to provide the statement required under subparagraph (B) of
paragraph (7) of this subsection (g) not less than 10 business days prior to
the end of the academic year or term shall result in a rebuttable presumption that
the claimant does not have a reasonable assurance of employment in the
following academic year or term.� This rebuttable presumption shall give rise
to an inference that the claimant does not have a reasonable assurance of
employment in the following academic year or term, but shall not conclusively
demonstrate that the claimant does not have a reasonable assurance of
employment in the following academic year or term.

���� (10) If any part of P.L.2020,
c.122 is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the State or the
eligibility of employers in this State for federal unemployment tax credits, the
conflicting part of that act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of the
remainder of this act.� Rules adopted under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the State or the granting of federal unemployment tax credits to employers in
this State.

���� (h)� Benefits shall not be
paid to any individual on the basis of any services, substantially all of which
consist of participating in sports or athletic events or training or preparing
to so participate, for any week which commences during the period between two
successive sports seasons (or similar periods) if such individual performed
such services in the first of such seasons (or similar periods) and there is a
reasonable assurance that such individual will perform such services in the
later of such seasons (or similar periods).

���� (i) (1) Benefits shall not be
paid on the basis of services performed by
[
an
alien
]

a foreign national
unless such
[
alien
]

foreign
national
is an individual who was lawfully admitted for permanent residence
at the time the services were performed and was lawfully present for the
purpose of performing the services or otherwise was permanently residing in the
United States under color of law at the time the services were performed
(including
[
an
alien
]

a foreign national
who is lawfully present in the United States as a
result of the application of the provisions of section 212(d)(5) (8 U.S.C.
s.1182 (d)(5)) of the Immigration and Nationality Act (8 U.S.C. s.1101 et
seq.)); provided that any modifications of the provisions of section
3304(a)(14) of the Federal Unemployment Tax Act (26 U.S.C. s. 3304 (a) (14)) as
provided by Pub.L.94-566, which specify other conditions or other effective
dates than stated herein for the denial of benefits based on services performed
by
[
aliens
]

foreign
nationals
and which modifications are required to be implemented under
State law as a condition for full tax credit against the tax imposed by the
Federal Unemployment Tax Act, shall be deemed applicable under the provisions
of this section.

���� (2)� Any data or information
required of individuals applying for benefits to determine whether benefits are
not payable to them because of their
[
alien
]

foreign-national

status shall be uniformly required from all applicants for benefits.

���� (3)� In the case of an
individual whose application for benefits would otherwise be approved, no
determination that benefits to such individual are not payable because of
[
alien
]

foreign-national

status shall be made except upon a preponderance of the evidence.

���� (j)�� Notwithstanding any
other provision of this chapter, the director may, to the extent that it may be
deemed efficient and economical, provide for consolidated administration by one
or more representatives or deputies of claims made pursuant to subsection (f)
of this section with those made pursuant to Article III (State plan) of the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et
al.).

(cf: P.L. 2020, c.122)

���� 14.� R.S.44:1-97 is amended to
read as follows:

����
44:1-97.
����� Overseers
shall in respect to all applicants for relief keep a record which� may be by
card index and which shall state:

���� a.��� The name, age, sex and
residence;

���� b.��� The number and names of
children and their ages;

���� c.��� The time and place of
last employment and the family income;

���� d.��� Whether citizen or
[
alien
]

foreign
national
and the place of nativity;

���� e.��� The place of abode for
the ten years preceding the application for relief;

���� f.���� The cause direct and
indirect which has operated to make relief necessary so far as can be
ascertained;

���� g.��� The relief or aid given,
and such relief as may have been or is being provided by all organizations as
ascertained;

���� h.��� The name of the overseer
or deputy and helper having particular knowledge and charge of the case, and of
witnesses of the fact with their addresses;� and

���� i.���� The name of those
responsible by law for the support of the poor person� and the name of any
relative agreeing or likely to agree to contribute in whole� or in part to, or
assist in, the support of the poor person.

(cf: R.S.44:1-97)

���� 15.� R.S.44:4-50 is amended to
read as follows:

����
44:4-50.
����� Directors
of welfare shall keep a record which may be by card index and which shall state
in respect to all applicants for relief:

���� a.��� The name, age, sex and
residence;

���� b.��� The number and names of
children and their ages;

���� c.��� The time and place of
last employment, and the family income;

���� d.��� Whether citizen or
[
alien
]

foreign
national
and the place of nativity;

���� e.��� The place of abode for
the ten years preceding the application for relief;

���� f.���� The causes direct and
indirect which operated to make relief necessary so far as can be ascertained;

���� g.��� The relief or aid given,
and such relief as may have been or is being provided by all organizations as
ascertained;

���� h.��� The names of the
director or deputy and helper having particular knowledge and charge of the
case, and of witnesses of the fact with their addresses;� and

���� i.���� The names of those
responsible by law for the support of the poor person� and of any relative
agreeing or likely to agree to contribute in whole or in� part to, or assist
in, the support of the poor person.

(cf: R.S.44:4-50)

���� 16.� Section 7 of P.L.1997,
c.13 (C.44:10-40) is amended to read as follows:

���� 7.��� a.� Single adults and
couples without dependent children shall not be eligible for medical assistance
for inpatient or outpatient hospital care or long-term care under the program,
except that medical assistance shall be provided for the following, in accordance
with regulations adopted by the commissioner:

���� (1)� inpatient hospitalization
costs for a recipient of general public assistance pursuant to P.L.1947, c.156
(C.44:8-107 et seq.) who is admitted to a special hospital licensed by the
Department of Health and Senior Services which is not eligible to receive a
charity care subsidy from the Health Care Subsidy Fund established pursuant to
P.L.1992, c.160 (C.26:2H-18.51 et al.) and to which payments were made prior to
July 1, 1991 on behalf of patients receiving general public assistance;

���� (2)� nursing home costs for a
person residing in a non-Medicaid certified nursing facility prior to July 1,
1995, whose income is above the Medicaid institutional cap and who does not
otherwise qualify for State-funded nursing home care as a medically needy person
pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), to be paid for out of a
separate account from the Medicaid program; which assistance shall continue
until the person is no longer eligible for long-term care; and

���� (3)� nursing home costs for
[
an alien
]

a foreign
national
residing in a Medicaid certified nursing facility prior to the
effective date of this act who is not Medicaid-eligible under Pub.L.104-193;
which assistance shall continue until the person is no longer eligible for
long-term care.

���� b.��� The provisions of this
section shall not affect the eligibility of a single adult or a couple without
dependent children for the New Jersey FamilyCare Health Coverage Program
established pursuant to section 4 of P.L.2000, c.71 (C.30:4J-4).

(cf: P.L.2000, c.71, s.8)

���� 17.� Section 1 of P.L.1997,
c.14 (C.44:10-44) is amended to read as follows:

���� 1.��� As used in this act:

���� "Applicant" means an
applicant for benefits provided by the Work First New Jersey program.

���� "Assistance unit"
means: a single person without dependent children; a couple without dependent
children; dependent children only; or a person or couple with one or more
dependent children who are legally or blood-related, or who is their legal
guardian, and who live together as a household unit.

���� "Benefits" means any
assistance provided to needy persons and their dependent children and needy
single persons and couples without dependent children under the Work First New
Jersey program.

���� "Commissioner" means
the Commissioner of Human Services.

���� "County agency"
means the county agency that was administering the aid to families with
dependent children program at the time the federal "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
Pub.L.104-193, was enacted and which, upon� the enactment of P.L.1997, c.14
(C.44:10-44 et al.) shall also administer the Work First New Jersey program in
that county.

���� "Dependent child"
means a child:

���� a.��� under the age of 18;

���� b.��� under the age of 19 and
a full-time student in a secondary school or an equivalent level of vocational
or technical training, if, before the student attains age 19, the student may
reasonably be expected to complete the student's program of secondary school or
training; or

���� c.��� under the age of 21 and
enrolled in a special education program,

who is living in New Jersey with
the child's natural or adoptive parent or legal guardian, or with a relative
designated by the commissioner in a place of residence maintained by the
relative as the relative's home.

���� "Eligible
[
alien
]

foreign
national
" means one of the following:

���� a.��� a qualified
[
alien
]

foreign
national
admitted to the United States prior to August 22, 1996, who is
eligible for means-tested, federally funded public benefits pursuant to federal
law;

���� b.��� a refugee, asylee,
victim of human trafficking, or person granted withholding of deportation under
federal law for the person's first five years after receiving that
classification in the United States pursuant to federal law;

���� c.��� a qualified
[
alien
]

foreign
national
who is a veteran of, or on active duty in, the armed forces of the
United States, or the spouse or dependent child of that person pursuant to
federal law;

���� d.��� a recipient of refugee
and entrant assistance activities or a Cuban or Haitian entrant pursuant to
federal law;

���� e.��� a legal permanent
resident
[
alien
]

foreign
national
who has worked 40 qualifying quarters of coverage as defined under
Title II of the federal Social Security Act; except that, for any period after
December 31, 1996, a quarter during which an individual received means-tested,
federally funded public benefits shall not count toward the total number of
quarters;

���� f.���� a qualified
[
alien
]

foreign
national
admitted to the United States on or after August 22, 1996, who has
lived in the United States for at least five years and is eligible for
means-tested, federally funded public benefits pursuant to federal law; or

���� g.��� a qualified
[
alien
]

foreign
national
who has been battered or subjected to extreme cruelty in the
United States by a spouse, parent or a member of the spouse or parent's family
residing in the same household as the
[
alien
]

foreign
national
, or a qualified
[
alien
]

foreign
national
whose child has been battered or subjected to extreme cruelty in
the United States by a spouse or parent of the
[
alien
]

foreign national
, without
the active participation of the
[
alien
]

foreign
national
, or by a member of the spouse or parent's family residing in the
same household as the
[
alien
]

foreign
national
.� In either case, the spouse or parent shall have consented or
acquiesced to the battery or cruelty and there shall be a substantial
connection between the battery or cruelty and the need for benefits to be
provided.� The provisions of this subsection shall not apply to
[
an alien
]

a foreign
national
during any period in which the individual responsible for the
battery or cruelty resides in the same household or assistance unit as the
individual subjected to the battery or cruelty.� Benefits shall be provided to
the extent and for the period of time that the
[
alien
]

foreign national
or
[
alien�s
]

foreign
national�s
child is eligible for the program.

���� For the purposes of this
section, �qualified
[
alien
]

foreign
national
� is defined pursuant to
the definition of a �qualified alien�
under
the provisions of section 431 of Title IV of Pub.L.104-193.

���� "Income" means, but
is not limited to, commissions, salaries, self-employed earnings, child support
and alimony payments, interest and dividend earnings, wages, receipts,
unemployment compensation, any legal or equitable interest or entitlement owed
that was acquired by a cause of action, suit, claim or counterclaim, insurance
benefits, temporary disability claims, estate income, trusts, federal income
tax refunds, State income tax refunds, homestead rebates, lottery prizes,
casino and racetrack winnings, annuities, retirement benefits, veterans'
benefits, union benefits, or other sources that may be defined as income by the
commissioner; except that in the event that individual development accounts for
recipients are established by regulation of the commissioner, any interest or
dividend earnings from such an account shall not be considered income.

���� "Income eligibility
standard" means the income eligibility threshold based on assistance unit
size established by regulation of the commissioner for benefits provided within
the limit of funds appropriated by the Legislature.

���� "Legal guardian"
means a person who exercises continuing control over the person or property, or
both, of a child, including any specific right of control over an aspect of the
child's upbringing,� pursuant to a court order.

���� "Non-needy
caretaker" means a relative caring for a dependent child, or a legal
guardian of a minor child who, in the absence of a natural or adoptive parent,
assumes parental responsibility and has income which exceeds the income
eligibility standard but is less than 150% of the State median income adjusted
for household size.

���� "Recipient" means a
recipient of benefits under the Work First New Jersey program.

���� "Resources" means
all real and personal property as defined by the commissioner; except that in
the event that individual development accounts for recipients are established
by regulation of the commissioner,� all funds in such an account, up to the
limit determined by the commissioner, including any interest or dividend
earnings from such an account, shall not be considered to be a resource.

���� "Services" means any
Work First New Jersey benefits that are not provided in the form of cash
assistance.

���� "Title IV-D" means
the provisions of Title IV-D of the federal Social Security Act governing
paternity establishment and child support enforcement activities and
requirements.

���� "Work First New Jersey
program" or "program" means the� program established pursuant to
P.L.1997, c.38 (C.44:10-55 et seq.).

(cf: P.L.2007, c.96, s.3)

���� 18.� Section 2 of P.L.1997,
c.14 (C.44:10-45) is amended to read as follows:

���� 2.��� a.� Benefits under the
Work First New Jersey program shall be determined according to standards of
income and resources established by the commissioner.� These standards shall
take into account, for the determination of eligibility and the provision of benefits,
all income and resources of all persons in the assistance unit of which the
applicant or recipient is a member, except as provided by law governing the
Work First New Jersey program and as prescribed by the commissioner. The
benefits to be granted shall be governed by standards established by regulation
of� the commissioner.� The commissioner may set income and resource eligibility
and benefits standards that differ with respect to types of assistance units.

���� b.��� A recipient, as a
condition of eligibility for benefits, shall, subject to good cause exceptions
as defined by the commissioner, be required to: do all acts stated herein
necessary to establish the paternity of a child born out-of-wedlock, and to
establish and participate in the enforcement of� child support obligations;
cooperate with work requirements established by the commissioner; make
application for any other assistance for which members of the assistance unit
may be eligible; be income and resource eligible as defined by the
commissioner, including the deeming of income and resources as appropriate;
provide all necessary documentation which shall include the federal Social
Security number for all assistance unit members, except for an eligible
[
alien
]

foreign
national
who cannot be assigned a Social Security number due to his status,
or make application for same; sign an agreement to repay benefits in the event
of receipt of income or resources; and� comply with personal identification
requirements as a condition� of receiving benefits, which may employ the use
of� high technology processes for the detection of fraud.

���� c.��� Notwithstanding any
other provision of law or regulation to the contrary, an applicant shall not be
eligible for benefits when the applicant's eligibility is the result of a
voluntary cessation of employment without good cause, as determined by the
commissioner, within 90 days prior to the date of application for benefits.

���� d.��� A voluntary assignment
or transfer of income or resources within one year prior to the time of
application for benefits for the purpose of qualifying therefor shall render
the applicant and the applicant's assistance unit members ineligible for
benefits for a period of time determined by regulation of the commissioner.

���� e.��� Any income or resources
that are exempted by federal law for purposes of eligibility for benefits shall
not reduce the amount of benefits received by a recipient and shall not be
subject to a lien or be available for repayment to the State or county agency
for benefits received by the individual.

(cf: P.L.1997, c.14, s.2)

���� 19.� Section 5 of P.L.1997,
c.14 (C.44:10-48) is amended to read as follows:

���� 5. a. Only those persons who
are United States citizens or eligible
[
aliens
]

foreign
nationals
shall be eligible for benefits under the Work First New Jersey
program. Single adults or couples without dependent children who are legal
[
aliens
]

foreign
nationals
who meet federal requirements and have applied for citizenship,
shall not receive benefits for more than six months unless (1) they attain
citizenship, or (2) they have passed the English language and civics components
for citizenship, and are awaiting final determination of citizenship by the
federal Immigration and Naturalization Service.

���� b.��� The following persons
shall not be eligible for assistance and shall not be considered to be members
of an assistance unit:

���� (1) non-needy caretakers,
except that the eligibility of a dependent child shall not be affected by the
income or resources of a non-needy caretaker;

���� (2) Supplemental Security
Income recipients, except for the purposes of receiving emergency assistance
benefits pursuant to section 8 of P.L.1997, c.14 (C.44:10-51);

���� (3)
[
illegal aliens
]

undocumented
foreign nationals
;

���� (4) other
[
aliens
]

foreign
nationals
who are not eligible
[
aliens
]

foreign
nationals
;

���� (5) a person absent from the
home who is incarcerated in a federal, State, county or local corrective
facility or under the custody of correctional authorities, except as provided
by regulation of the commissioner;

���� (6) a person who: is fleeing
to avoid prosecution, custody or confinement after conviction, under the laws
of the jurisdiction from which the person has fled, for a crime or an attempt
to commit a crime which is a felony or a high misdemeanor under the laws of the
jurisdiction from which the person has fled; or is violating a condition of
probation or parole imposed under federal or state law;

���� (7) (Deleted by amendment,
P.L.2021, c.312).

���� (8) a person found to have
fraudulently misrepresented his residence in order to obtain means-tested,
public benefits in two or more states or jurisdictions, who shall be ineligible
for benefits for a period of 10 years from the date of conviction in a federal
or state court; or

���� (9) a person who intentionally
makes a false or misleading statement or misrepresents, conceals or withholds
facts for the purpose of receiving benefits, who shall be ineligible for
benefits for a period of six months for the first violation, 12 months for the
second violation, and permanently for the third violation.

���� c.��� A person who makes a
false statement with the intent to qualify for benefits and by reason thereof
receives benefits for which the person is not eligible is guilty of a crime of
the fourth degree.

���� d.��� Pursuant to the
authorization provided to the states under 21 U.S.C. s.862a(d)(1), this State
elects to exempt from the application of 21 U.S.C. s.862a(a):

���� (1) needy persons and their
dependent children domiciled in New Jersey for the purposes of receiving
benefits under the Work First New Jersey program and food assistance under the
federal "Food and Nutrition Act of 2008," Pub.L.110-234 (7 U.S.C.
s.2011 et seq.); and

���� (2) single persons and married
couples without dependent children domiciled in New Jersey for the purposes of
receiving food assistance under Pub.L.110-234.

(cf: P.L.2021, c.312, s.17)

���� 20.� Section 3 of P.L.1997,
c.38 (C.44:10-57) is amended to read as follows:

���� 3.��� As used in this act:

���� "Alternative work
experience" means unpaid work and training� only with a public, private
nonprofit or private charitable employer that provides a recipient with the
experience necessary to adjust to, and learn how to function in, an employment
setting and the opportunity to combine that experience with education and job
training.� An alternative work experience participant shall not be assigned to
work for a private, for profit employer.

���� "Applicant" means an
applicant for benefits provided by the Work First New Jersey program.

���� "Assistance unit"
means: a single person without dependent children; a couple without dependent
children; dependent children only; or a person or couple with one or more
dependent children who are legally or blood-related, or who is their legal
guardian, and who live together as a household unit.

���� "Benefits" means any
assistance provided to needy persons and their dependent children and needy�
single persons and couples without dependent children under the Work First New
Jersey program.

���� "Case management"
means the provision of certain services to Work First New Jersey recipients,
which shall include an assessment and development of an individual
responsibility plan.

���� "Commissioner" means
the Commissioner of Human Services.

���� "Community work
experience" means unpaid work and training� only with a public, private�
nonprofit or private charitable employer provided to a recipient when, and to
the extent, that such experience is necessary to enable the recipient to adjust
to, and learn how to function in, an employment setting.� A community work
experience participant shall not be assigned to work for a private, for profit
employer.

���� "County agency"
means the� county agency that was administering the aid to families with
dependent children program at the time the federal "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
Pub.L.104-193, was enacted and which, upon the enactment of P.L.1997, c.38
(C.44:10-55 et seq.) shall also administer the Work First New Jersey program in
that county.

���� "Dependent child"
means a child:

���� a.��� under the age of 18;

���� b.��� under the age of 19 and
a full-time student in a secondary school or an equivalent level of vocational
or technical training, if, before the student attains age 19, the student may
reasonably be expected to complete the student's program of secondary school or
training; or

���� c.��� under the age of 21 and
enrolled in a special education program,

who is living in New Jersey with
the child's natural or adoptive parent or legal guardian, or with a relative
designated by the commissioner in a place of residence maintained by the
relative as the relative's home.

���� "Eligible
[
alien
]

foreign
national
" means one of the following:

���� a.��� a qualified
[
alien
]

foreign
national
� admitted to the United States prior to August 22, 1996, who is
eligible for means-tested, federally funded public benefits pursuant to federal
law;

���� b.��� a refugee, asylee, or
person granted withholding of deportation under federal law for the person's
first five years after receiving that classification in the United States
pursuant to federal law;

���� c.��� a qualified
[
alien
]

foreign
national
who is a veteran of, or on active duty in, the armed forces of the
United States, or the spouse or dependent child of that person pursuant to
federal law;

���� d.��� a recipient of refugee
and entrant assistance activities or a Cuban or Haitian entrant pursuant to
federal law;

���� e.��� a legal permanent
resident
[
alien
]

foreign
national
who has worked 40 qualifying quarters of coverage as defined under
Title II of the federal Social Security Act; except that, for any period after
December 31, 1996, a quarter during which an individual received means-tested,
federally funded public benefits shall not count toward the total number of
quarters;

���� f.���� a qualified
[
alien
]

foreign
national
admitted to the United States on or after August 22, 1996, who has
lived in the United States for at least five years and is eligible for
means-tested, federally funded public benefits pursuant to federal law� ; or

���� g.��� a qualified
[
alien
]

foreign
national
who has been battered or subjected to extreme cruelty in the
United States by a spouse, parent or a member of the spouse or parent's family
residing in the same household as the
[
alien
]

foreign
national
, or a qualified
[
alien
]

foreign
national
whose child has been battered or subjected to extreme cruelty in
the United States by a spouse or parent of the
[
alien
]

foreign national
, without
the active participation of the
[
alien
]

foreign
national
, or by a member of the spouse or parent's family residing in the
same household as the
[
alien
]

foreign
national
.� In either case, the spouse or parent shall have consented or
acquiesced to the battery or cruelty and there shall be a substantial
connection between the battery or cruelty and the need for benefits to be
provided.� The provisions of this subsection shall not apply to
[
an alien
]

a foreign
national
during any period in which the individual responsible for the
battery or cruelty resides in the same household or assistance unit as the
individual subjected to the battery or cruelty.� Benefits shall be provided to
the extent and for the period of time that the
[
alien
]

foreign national
or
[
alien�s
]

foreign
national�s
� child is eligible for the program.

���� For the purposes of this
section, "qualified
[
alien
]

foreign
national
" is defined pursuant to
the definition of a �qualified
alien� under
the provisions of section 431 of Title IV of Pub.L.104-193.

���� "Full-time post-secondary
student" means a student enrolled for a minimum of 12 credit hours in a
post-secondary school.

���� �"Income" means, but
is not limited to, commissions, salaries, self-employed earnings, child support
and alimony payments, interest and dividend earnings, wages, receipts,
unemployment compensation, any legal or equitable interest or entitlement owed
that was acquired by a� cause of action, suit, claim or counterclaim, insurance
benefits, temporary disability claims, estate income, trusts, federal income
tax refunds, State income tax refunds, homestead rebates, lottery prizes,
casino and racetrack winnings, annuities, retirement benefits, veterans'
benefits, union benefits, or other sources that may be defined as income by the
commissioner; except that in the event that individual development accounts for
recipients are established by regulation of the commissioner, any interest or
dividend earnings from such an account shall not be considered income.

���� "Legal guardian"
means a person who exercises continuing control over the person or property, or
both, of a child, including any specific right of control over an aspect of the
child's upbringing, pursuant to a court order.

���� "Program" means� the
Work First New Jersey program established pursuant to this act.

���� "Recipient" means a
recipient of benefits under the Work First New Jersey program.

���� "Resources" means
all real and personal property as defined by the commissioner; except that in
the event that individual development accounts for recipients are established
by regulation of the commissioner,� all funds in such an account, up to the
limit determined by the commissioner, including any interest or dividend
earnings from such an account, shall not be considered to be a resource.

���� "Title IV-D" means
the provisions of Title IV-D of the federal Social Security Act governing
paternity establishment and child support enforcement activities and
requirements.

���� "Work activity"
includes, but is not limited to, the following, as defined by regulation of the
commissioner: employment; on-the-job training; job search and job readiness
assistance; vocational educational training;� job skills training related
directly to employment; community work experience; alternative work experience;
supportive work; community service programs, including the provision of child
care as a community service project;� in the case of teenage parents or
recipients under the age of 19 who are expected to graduate or complete their
course of study by their 19th birthday, satisfactory attendance at a secondary
school or in a course of study leading to a certificate of general equivalence;
and education that is necessary for employment in the case of a person who has
not received a high school diploma or a certificate of high school equivalency,
a course of study leading to a certificate of general equivalence, or
post-secondary education, when combined with community work experience participation
or another work activity approved by the commissioner, including employment.

(cf: P.L.1997, c.38, s.3)

���� 21.� Section 5 of P.L.1997, c.38
(C.44:10-59) is amended to read as follows:

���� 5.��� a.� All adult persons,
except as otherwise provided by law governing the Work First New Jersey
program, are charged with the primary responsibility of supporting and
maintaining themselves and their dependents; the primary responsibility for the
support and maintenance of minor children is that of the parents and family of�
those children; and benefits shall be provided only when other means of support
and maintenance are not present to support the assistance unit.

���� b.��� Benefits shall be
temporary and serve the primary goal of fostering self-sufficiency.� Failure to
cooperate with any of the program eligibility requirements without good cause,
as determined by the commissioner, shall result in ineligibility for benefits
for some or all assistance unit members.

���� c.��� If the county agency or
municipal welfare agency, as appropriate, determines, based upon an applicant's
written statement signed under oath, that the applicant is in immediate need of
benefits because the applicant's available resources are insufficient , as
determined by the commissioner, to meet the minimal current living expenses�
pursuant to regulations adopted by the commissioner, of the applicant's
assistance unit, the county agency or municipal welfare agency shall issue cash
assistance benefits to the applicant on the date of application, subject to the
applicant meeting all other program eligibility requirements.

���� d.��� The commissioner shall
establish by regulation, standards and procedures to screen and identify
recipients with a history of being subjected to domestic violence and refer
these� recipients to counseling and supportive services.� The commissioner may
waive program requirements, including, but not limited to, the� time limit on
benefits pursuant to section 2 of� P.L.1997, c.37 (C.44:10-72), residency
requirements pursuant to section 6 of P.L.1997, c.38 (C.44:10-60), child
support cooperation requirements pursuant to subsection b. of section 2 of
P.L.1997, c.14 (C.44:10-45) and the limitation on increase of cash assistance
benefits as a result of the birth of a child pursuant to section 7 of P.L.1997,
c.38 (C.44:10-61), in cases where compliance with such requirements would make
it more difficult for a recipient to escape domestic violence or unfairly
penalize the recipient who is or has been victimized by such violence, or who
is at risk of further domestic violence.

���� e.��� The commissioner shall
establish regulations determining eligibility and other requirements of the
Work First New Jersey program.� Regulations shall include provisions for the
deeming of income, when appropriate, which include situations involving the sponsor
of an eligible
[
alien
]

foreign
national
in accordance with federal law, and� legally responsible relatives
of assistance unit members.

(cf: P.L.1997, c.38, s.5)

���� 22.� R.S.46:3-18 is amended to
read as follows:

���� 46:3-18.�����
[
Alien
]

Foreign-national

friends shall have the same rights, powers and privileges and be subject to the
same burdens, duties, liabilities and restrictions in respect of� real estate
situate in this State as native-born citizens.� Any
[
alien
]

foreign national
who
shall� be domiciled and resident in the United States and licensed or permitted
by the� government of the United States to remain in and engage in business�
transactions in the United States, and who shall not be arrested or interned
or� his property taken by the United States, shall be considered
[
an alien
]

a
foreign-national
friend� within the meaning of this act.

���� Nothing contained in this
section shall be construed to:

���� a.��� Entitle any
[
alien
]

foreign
national
to be elected into any office of trust or profit in this State, or
to vote at any town meeting or election of members of the Senate� and General
Assembly, or other officers, within this State, or for Representatives in
Congress or electors of the President and Vice-President of the United States;�
or

���� b.��� Prevent the
sequestration, seizure or disposal by either the State or National government
of any real estate or interest therein so long as the same is owned or held by
any
[
alien
]

foreign
national
, made pursuant to duly enacted legislation, during the continuance
of war between the United States and the government of the country of which any
such
[
alien
]

foreign
national
is a citizen or subject;� but any bona fide� conveyance, mortgage
or devise made by such
[
alien
]

foreign
national
shall be valid, if made to a� citizen of the United States or to
[
an alien
]

a
foreign-national
friend.

(cf: P.L.1943, c.145, s.1)

���� 23.� Section 44 of P.L.1961,
c.32 (C.54:8A-44) is amended to read as follows:

����
44.
� (a)� On or before
the filing date prescribed in section 18 (C.54:8A-18) of this act, an income
tax return shall be made and filed by or for every individual having a gross
income derived from sources within his source state in excess of the sum of his
personal exemptions allowed in section 10 (C.54:8A-10) of this act, or having
any items of tax preference derived from or connected with New Jersey sources
in excess of the specific deduction provided in section 6.2(c)
(C.54:8A-6.2(c)).

���� (b)� (1)� If the Federal
income tax liability of husband or wife is determined� on a separate Federal
return, their New Jersey income tax liabilities and� returns shall be separate.

���� (2)� If the Federal income tax
liabilities of husband and wife (other than a� husband and wife described in
paragraph (3)) are determined on a joint Federal� return, or if neither files a
Federal return:

���� (A)� They shall file a joint
New Jersey income tax return, and their tax liabilities shall be joint and
several, or

���� (B)� They may elect to file
separate New Jersey income tax returns on a single form if they comply with the
requirements of the Division of Taxation in� setting forth information, and in
such event their tax liabilities shall be� separate.

���� (3)� If either husband or wife
is a resident and the other is a nonresident,� they shall file separate New
Jersey income tax returns on such single or� separate forms as may be required
by the Division of Taxation, and in such� event their tax liabilities shall be
separate.

���� (4)� Marital or other status.�
An individual's marital or other status under� subsection 2(c) (C.54:8A-2(c)),
subsection 9(b) of P.L.1961, c.32 (C.54:8A-9(b)) and subsection 7(a)(3)(B) of
this amendatory and supplementary act shall be presumed to be the same as his
marital or other status for purposes of� establishing the applicable Federal
income tax rates.� However, an individual� who is a nonresident
foreign
national, defined federally as a nonresident
alien
,
for Federal
income tax purposes and who fails to� qualify under subsection 2(c), or
subsection 9(b) of P.L.1961, c.32 or� subsection 7(a)(3)(B) of this amendatory
and supplementary act solely by reason� of his status for purposes of
establishing the applicable Federal income tax� rates shall, nevertheless,
qualify under such provisions provided he files a� statement with his return
setting forth such information in respect to his� status as the director shall
prescribe.

���� (c)�� The return for any
deceased individual shall be made and filed by his fiduciary or other person
charged with his property.

���� (d)� The return for an
individual who is unable to make a return by reason of� minority or other
disability shall be made and filed by his fiduciary or other� person charged
with the care of his person or property (other than a receiver� in possession
of only a part of his property), or by his duly authorized� agent.

���� (e)�� Any tax under this act,
and any increase, interest or penalty thereon, shall, from the time it is due
and payable, be a personal debt of the person liable to pay the same, to the
State of New Jersey.

���� (f)�� If the amount of net
income or Federal items of tax preference for any year of any taxpayer as
returned to the United States Treasury Department or to� an appropriate State
officer is changed or corrected by the taxpayer or the� Commissioner of
Internal Revenue or other officer of the United States or other� competent
authority, or where a renegotiation of a contract or subcontract with� the
United States results in a change in net income, or Federal items of tax�
preference such taxpayer shall report such change or corrected net income, or�
Federal items of tax preference or the results of such renegotiation, within
90� days after the final determination of such change or correction or�
renegotiation, or as required by regulation, and shall concede the accuracy of�
such determination or state wherein it is erroneous.� Any taxpayer filing an�
amended return with such department or officer shall also file within 90 days�
thereafter an amended return in this State which shall contain such
information� as the regulations shall require.

(cf: P.L.1978, c.131, s.5)

���� 24.� N.J.S.54A:2-1 is amended
to read as follows:

���� 54A:2-1.� Imposition of tax.�
There is hereby imposed a tax for each taxable year (which shall be the same as
the taxable year for federal income tax purposes) on the New Jersey gross
income as herein defined of every individual, estate or trust (other than a
charitable trust or a trust forming part of a pension or profit-sharing plan),
subject to the deductions, limitations and modifications hereinafter provided,
determined in accordance with the following tables with respect to taxpayers'
taxable income:

���� a.��� For married individuals
filing a joint return and individuals filing as head of household or as
surviving spouse for federal income tax purposes:

���� (1)� for taxable years
beginning on or after January 1, 1991 but before January 1, 1994:

����������� If the taxable income
is:��������� The tax is:

����������� Not over
$20,000.00..........��� 2% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$50,000.00........$400.00 plus 2.5% of the excess over $20,000.00

����������� Over $50,000.00 but not

����������� �over
$70,000.00........����������� $1,150.00 plus 3.5% of the excess over $50,000.00

����������� Over $70,000.00 but not

����������� over $80,000.00........������������ $1,850.00
plus 5.0% of the excess over $70,000.00

����������� Over $80,000.00 but not

����������� over $150,000.00......������������ $2,350.00
plus 6.5% of the excess over $80,000.00

����������� Over $150,000.00
............���� $6,900.00 plus 7.0% of the excess over $150,000.00

����������� (2)������ For taxable
years beginning on or after January 1, 1994 but before January 1, 1995:

����������� If the taxable income
is:����� The tax is:

����������� Not over
$20,000.00......������������������� 1.900% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$50,000.00.......������������ $380.00 plus 2.375% of the excess over $20,000.00

����������� Over $50,000.00 but not

����������� ����������� over
$70,000.00......�������������� $1,092.50 plus 3.325% of the excess over
$50,000.00

����������� Over $70,000.00 but not

����������������������� �over
$80,000.00.......������������ $1,757.50 plus 4.750% of the excess over
$70,000.00

����������� Over $80,000.00 but not

����������������������� �over
$150,000.00.......���������� $2,232.50 plus 6.175% of the excess over
$80,000.00

����������� Over $150,000.00
..........������������������ $6,555.00 plus 6.650% of the excess over
$150,000.00

����������� (3)������ for taxable
years beginning on or after January 1, 1995 but before January 1, 1996:�

����������� If the taxable income
is:��������� �������� The tax is:

����������� Not over
$20,000.00..........��� 1.700% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$50,000.00........����������� $340.00 plus 2.125% of the excess over $20,000.00

����������� Over $50,000.00 but not

����������� �over
$70,000.00........����������� $977.50 plus 2.975% of the excess over $50,000.00

����������� Over $70,000.00 but not

����������������������� �over
$80,000.00........����������� $1,572.50 plus 4.250% of the excess over
$70,000.00

����������� Over $80,000.00 but not

����������������������� �over
$150,000.00......����������� $1,997.50 plus 6.013% of the excess over
$80,000.00

����������� Over $150,000.00
............���� $6,206.60 plus 6.580% of the

���� excess over $150,000.00

����������� (4)������ for taxable
years beginning on or after January 1, 1996 but before January 1, 2004:

����������� If the taxable income
is:��������� �������� The tax is:

����������� Not over
$20,000.00............� 1.400% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$50,000.00.........���������� $280.00 plus 1.750% of the excess over $20,000.00

����������� Over $50,000.00 but not

����������������������� �over
$70,000.00........����������� $805.00 plus 2.450% of the excess over $50,000.00

����������� Over $70,000.00 but not

����������������������� �over
$80,000.00........����������� $1,295.50 plus 3.500% of the���� excess over
$70,000.00

����������� Over $80,000.00 but not

����������������������� �over
$150,000.00......����������� $1,645.00 plus 5.525% of the���� excess over
$80,000.00

����������� Over $150,000.00
...............� $5,512.50 plus 6.370% of the

����������������������� ��������������������������������������������
����������� excess over $150,000.00

����������� (5)������ for taxable
years beginning on or after January 1, 2004 but before January 1, 2018:

����������� If the taxable income
is:������� ���������� The tax is:

����������� Not over
$20,000.00..........��� 1.400% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$50,000.00........����������� $280.00 plus 1.750% of the� excess over
$20,000.00

����������� Over $50,000.00 but not

����������������������� �over
$70,000.00........����������� $805.00 plus 2.450% of the� excess over
$50,000.00

����������� Over $70,000.00 but not

����������������������� �over
$80,000.00....... ���������� $1,295.50 plus 3.500% of the���� excess over
$70,000.00

����������� Over $80,000.00 but not

����������� �over $150,000.00......����������� $1,645.00
plus 5.525% of the

���� excess over $80,000.00

����������� Over $150,000.00 but
not

����������������������� �over
$500,000.00...... ��������� $5,512.50 plus 6.370% of the���� excess over
$150,000.00

����������� Over $500,000.00
............���� $27,807.50 plus 8.970% of the

����������������������� ��������������������������������������������
����������� excess over $500,000.00

����������� (6)������ for taxable
years beginning on or after January 1, 2018, but before January 1, 2020:

����������� If the taxable income
is:��������� �������� The tax is:

����������� Not over
$20,000.00..........��� 1.400% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$50,000.00...... ����������� $280.00 plus 1.750% of the� excess over $20,000.00

����������� Over $50,000.00 but not

����������������������� �over
$70,000.00....... ���������� $805.00 plus 2.450% of the� excess over $50,000.00

����������� Over $70,000.00 but not

����������������������� �over
$80,000.00....... ���������� $1,295.50 plus 3.500% of the���� excess over
$70,000.00

����������� Over $80,000.00 but not

����������������������� �over
$150,000.00..... ���������� $1,645.00 plus 5.525% of the���� excess over
$80,000.00

����������� Over $150,000.00 but
not

����������������������� �over
$500,000.00..... ���������� $5,512.50 plus 6.370% of the���� excess over
$150,000.00

����������� Over $500,000.00 but
not

����������������������� �over
$5,000,000.00.. ���������� $27,807.50 plus 8.970% of the���� excess over
$500,000.00

����������� Over $5,000,000.00
..........��� $431,457.50 plus 10.75% of the

���� excess over $5,000,000.00

����������� (7)������ for taxable
years beginning on or after January 1, 2020:

����������� If the taxable income
is:������������������� The tax is:

����������� Not over
$20,000.00........� �� 1.400% of taxable income

����������� Over $20,000.00 but not

����������� over $50,000.00....� ������������� $280.00
plus 1.750% of the excess over $20,000.00

����������� Over $50,000.00 but not

����������������������� over
$70,000.00.... ��������������������������� $805.00 plus 2.450% of the excess
over $50,000.00

����������� Over $70,000.00 but not

����������������������� over
$80,000.00...� ��������������������������� $1,295.50 plus 3.500% of the excess
over $70,000.00

����������� Over $80,000.00 but not

����������������������� over
$150,000.00.. ��������������������������� $1,645.00 plus 5.525% of the excess
over $80,000.00

����������� Over $150,000.00 but
not

����������� over $500,000.00.. ��������������������������� $5,512.50
plus 6.370% of the excess over $150,000.00

����������� Over $500,000.00 but
not

����������������������� over
$1,000,000.00..� ���������������������� $27,807.50 plus 8.970% of the excess
over $500,000.00

����������� Over $1,000,000.00...������������������������������������ $72,657.50
plus 10.750% of the excess over $1,000,000.00

���� b.��� For married individuals
filing separately, unmarried individuals other than individuals filing as head
of household or as a surviving spouse for federal income tax purposes, and
estates and trusts:

���� (1)� for taxable years
beginning on or after January 1, 1991 but before January 1, 1994:

����������� If the taxable income
is:��������� �������� The tax is:

����������� Not over
$20,000.00..........��� 2% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$35,000.00....... ���������� $400.00 plus 2.5% of the

���� excess over $20,000.00

����������� Over $35,000.00 but not

����������������������� �over
$40,000.00....... ���������� $775.00 plus 5.0% of the

���� excess over $35,000.00

����������� Over $40,000.00 but not

����������������������� �over
$75,000.00....... ���������� $1,025.00 plus 6.5% of the�� excess over
$40,000.00

���� Over $75,000.00 ...........�������������� $3,300.00
plus 7.0% of the excess over $75,000.00

����������� (2)������ for taxable
years beginning on or after January 1, 1994 but before January 1, 1995:

����������� If the taxable income
is:��������� �������� The tax is:

����������� Not over
$20,000.00..........��� 1.900% of taxable income

���� ������ Over $20,000.00 but not

����������������������� �over
$35,000.00........ ��������� $380.00 plus 2.375% of the excess over $20,000.00

����������� Over $35,000.00 but not

����������������������� �over
$40,000.00........ ��������� $736.25 plus 4.750% of the� excess over $35,000.00

����������� Over $40,000.00 but not

����������������������� �over
$75,000.00........ ��������� $973.75 plus 6.175% of the� excess over $40,000.00

����������� Over $75,000.00
..........�������������������� $3,135.00 plus 6.650% of the���� excess over
$75,000.00

���� (3)� for taxable years
beginning on or after January 1, 1995 but before January 1, 1996:

���� If the taxable income
is:��������� ��� The tax is:

����������� Not over
$20,000.00..........��� 1.700% of taxable income

����������� Over $20,000.00 but not

����������������������� over
$35,000.00....... ����������� $340.00 plus 2.125% of the� excess over
$20,000.00

����������� Over $35,000.00 but not

����������� ����������� over
$40,000.00..........���������� $658.75 plus 4.250% of the� excess over
$35,000.00

����������� Over $40,000.00 but not

����������������������� �over
$75,000.00....... ���������� $871.25 plus 6.013% of the� excess over $40,000.00

����������� Over $75,000.00
..........�������������������� $2,975.80 plus 6.580% of the���� excess over
$75,000.00

����������� (4)������ for taxable
years beginning on or after January 1, 1996 but before January 1, 2004:

���� If the taxable income
is:��������� ��� The tax is:

����������� Not over
$20,000.00..........��� 1.400% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$35,000.00........����������� $280.00 plus 1.750% of the� excess over
$20,000.00

����������� Over $35,000.00 but not

����������������������� �over
$40,000.00........����������� $542.50 plus 3.500% of the� excess over
$35,000.00

����������� Over $40,000.00 but not

����������������������� �over
$75,000.00........����������� $717.50 plus 5.525% of the� excess over
$40,000.00

����������� Over
$75,000.00............������������������� $2,651.25 plus 6.370% of the���� excess
over $75,000.00

����������� (5)������ for taxable
years beginning on or after January 1, 2004 but before January 1, 2018:

����������� If the taxable income
is:�������� ��������� �The tax is:

����������� Not over
$20,000.00..........��� 1.400% of taxable income

����������� Over $20,000.00 but not

����������������������� �over
$35,000.00........ ��������� $280.00 plus 1.750% of the� excess over $20,000.00

����������� Over $35,000.00 but not

����������������������� �over
$40,000.00........ ��������� $542.50 plus 3.500% of the� excess over $35,000.00

���� Over $40,000.00 but not

����������������������� �over
$75,000.00....... ���������� $717.50 plus 5.525% of the� excess over $40,000.00

����������� Over $75,000.00 but not

����������������������� �over
$500,000.00...... ��������� $2,651.25 plus 6.370% of the���� excess over
$75,000.00

����������� Over $500,000.00
............���� $29,723.75 plus 8.970% of the

����������������������� ��������������������������������������������
����������� excess over $500,000.00

����������� (6)������ for taxable
years beginning on or after January 1, 2018, but before January 1, 2020:

����������� If the taxable income
is:��������� �������� The tax is:

����������� Not over
$20,000.00..........��� 1.400% of taxable income

���� Over $20,000.00 but not

����������������������� �over
$35,000.00........����������� $280.00 plus 1.750% of the� excess over
$20,000.00

����������� Over $35,000.00 but not

����������������������� �over
$40,000.00........����������� $542.50 plus 3.500% of the� excess over
$35,000.00

����������� Over $40,000.00 but not

����������������������� �over
$75,000.00........����������� $717.50 plus 5.525% of the� excess over
$40,000.00

����������� Over $75,000.00 but not

����������������������� �over
$500,000.00......����������� $2,651.25 plus 6.370% of the���� excess over
$75,000.00

����������� Over $500,000.00 but
not

����������������������� �over
$5,000,000.00...����������� $29,723.75 plus 8.970% of the���� excess over
$500,000.00

����������� Over $5,000,000.00
..........��� $433,373.75 plus 10.75% of the

����������������������� ��������������������������������������������
����������� excess over $5,000,000.00

���� (7) for taxable years
beginning on or after January 1, 2020:

����������� If the taxable income
is:������������������������������� The tax is:

����������� Not over
$20,000.00......� ���������������� 1.400% of taxable income

����������� Over $20,000.00 but not

����������������������� over
$35,000.00.......��� �������������������� $280.00 plus 1.750% of the excess
over $20,000.00

����������� Over $35,000.00 but not

����������������������� over
$40,000.00......���� �������������������� $542.50 plus 3.500% of the excess
over $35,000.00

����������� Over $40,000.00 but not

����������������������� over
$75,000.00......���� �������������������� $717.50 plus 5.525% of the excess
over $40,000.00

���� Over $75,000.00 but not

����������������������� over
$500,000.00...�� ����������� $2,651.25 plus 6.370% of the excess over
$75,000.00

����������� Over $500,000.00 but
not

����������������������� over
$1,000,000.00..�������������������������� $29,723.75 plus 8.970% of the excess
over $500,000.00

����������� Over $1,000,000.00....����������������������������������� $74,573.75
plus 10.750% of the excess over $1,000,000.00

���� c.��� For the purposes of this
section, an individual who would be eligible to file as a head of household for
federal income tax purposes but for the fact that such taxpayer is a
nonresident
foreign national, defined federally as a nonresident
alien,
shall determine tax pursuant to subsection a. of this section.

���� d.��� For the purposes of this
section, for taxable year 2018, withholding by every employer from salaries,
wages and other remuneration paid by an employer for services rendered
described in subsections a. and b. of this section, in excess of $5,000,000
during that taxable year, shall be at the rate of 15.6% as soon as practicable
but no later than September 1, 2018. The Director of the Division of Taxation
is authorized to do all things necessary to implement the withholding tax
prescribed by this section for taxable year 2018.

���� e.��� No additions to tax or
penalty shall be imposed under N.J.S.54A:9-6 for insufficient payment of
estimated tax that may otherwise be due on salaries, wages and other
remuneration received before September 1, 2018, on which there is a rate of tax
imposed pursuant to subsections a. and b. of this section.

���� f.���� An employer maintaining
an office or transacting business within this State and making payment of any
salaries, wages and remuneration subject to New Jersey gross income tax or
making payment of any remuneration for employment subject to contribution under
the New Jersey "unemployment compensation law," pursuant to
R.S.43:21-1 et seq., that is subject to New Jersey gross income tax shall not
be subject to interest, penalties or other costs that may otherwise be imposed
for insufficient withholding of salaries, wages and other remuneration made
before September 1, 2018, that is directly attributable to the enactment of the
taxable income tables and tax rates in subsections a. and b. of this section.

(cf: P.L.2020, c.94, s.1)

���� 25.� (New section)� a.� An
executive agency of the State of New Jersey shall not use the following terms
in any proposed or final rule, regulation, interpretation, publication, other
document, display, or sign issued by the agency after the date of the enactment
of this act, P.L.��� , c.��� (C.��� ) (pending before the Legislature as this
bill), except to the extent that the term is used in quoting or reproducing
text written by a source other than an officer or employee of the agency:

���� (1)� The term �alien�, when
used to refer to an individual who is not a citizen or national of the United
States.

���� (2)� The term �illegal alien�
when used to refer to an individual who is unlawfully present in the United
States or who lacks a lawful immigration status in the United States.

���� b.��� Nothing in this act
shall be construed as intended to result in a reduction of federal funds that
may be available to the State.

���� c.��� 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.

���� d.��� Whenever the terms
�alien� or �illegal alien� occur or any reference is made thereto in any law,
regulation, contract, or document, the same shall be deemed to mean or refer to
�foreign national� and �undocumented foreign national,� respectively.

���� 26.� This act shall take
effect on the first day of the third month next following the date of
enactment.

STATEMENT

���� This bill replaces the terms
�alien� and �illegal alien� in the New Jersey statutes with the terms �foreign
national� and �undocumented foreign national,� respectively, when referring to
a person in the context of his legal status.� This bill also ensures that
executive branch agencies discontinue use of those terms.

���� This bill removes from State
law the offensive language characterizing persons who are immigrants as
�aliens� or �illegal aliens� and prohibits State executive agencies from using those
terms in any proposed or final rule, regulation, interpretation, publication, or
other document, display, or sign issued by the agency after the effective date
of this bill, except to the extent that they are used in quoting or reproducing
text written by a source other than an officer or employee of the agency.�
Similar legislation was introduced in Congress on October 21, 2015, by
Congressman Joaquin Castro.�

���� The United States is a nation
of immigrants, and as such, our laws should discontinue the use of terms that
ostracize those in our society who may have been born elsewhere. Regardless of
status, immigrants to our nation are first and foremost human beings. Removing
the terms �alien� and �illegal alien� from this State�s laws shows respect to
the hundreds of millions of descendants of immigrants who call the United
States home.�������

���� Especially in the context of
an issue as contentious as immigration, discontinuing use of the terms �alien�
and �illegal alien� will help reduce the prejudice that has skewed discussions
concerning immigration and offer recognition of immigrants� personhood in the
laws of this State.