Health Benefits Increase In the closing minutes of the 109^th Legislature, the state Senate on Monday gave final legislative approval to a bill that would increase health insurance costs to local government employers. 

Now on the governor’s desk, S-2283/A-3759 would require all health insurers in New Jersey, including the New Jersey State Health Benefits Program, to cover unmarried dependents on their parent’s family health plan until the age of 30.  The bill was approved by a vote of 36-0. 

Under S-2283/A-3759, dependents eligible for coverage up to age 30 would have to be unmarried, have no dependents of their own, reside in New Jersey or be enrolled as full-time students out of state, and not be eligible for coverage under any other health plan. To remain covered, the dependent would pay a slightly higher premium, but would be entitled to the same level of coverage as any other dependent child within the health plan. 

NJSBA vigorously opposes the bill.  Although health coverage for young adults is a critical issue nationwide, S-2283/A-3759 would resolve the issue by placing a financial burden on local school districts.  Because the legislation would mandate an extension of health coverage, insurers would incur greater costs and, in turn, would pass these increases onto school districts—diverting limited resources away from education programming.

Immunity Also on the governor’s desk is legislation that would  provide immunity from civil liability to school employees who use reasonable restraint to prevent or stop fights among students.  The bill, S-2580/A-662 (Asselta/Blee, Wolfe, Stanley, Previte), would also provide immunity when the school employee uses reasonable force or restraint to protect himself from assault by a student. 

NJSBA supports S-2580/A-662, based on policy supporting efforts to provide safe environments for students and the belief that school employees who take reasonable action to protect students should not be subject unduly to lawsuits.  

Arbitration The state Senate also sent to the governor legislation that would require courts to defer decisions over contract disputes to arbitrators. A-4162/S-2618 was introduced at the behest of labor unions following a recent state Supreme Court decision, Camden City Board of Education v. Alexander, which upheld a long-held principle against granting such power to arbitrators in public sector contract disputes. 

NJSBA opposes the measure because it would impede public employers’ fiduciary responsibility to the public by giving absolute authority to interpret contractual agreements to arbitrators who have absolutely no accountability to taxpayers.  In essence, A-4162 would incorporate into public-sector labor law a private-sector concept, known as “legal presumption in favor of arbitration.”  Doing so would circumvent the fundamental compact that exists between the taxpaying public and public employers. 

Currently in the public sector, an arbitrator’s decision on a contract issue can be appealed to the courts, which may modify the decision based on several criteria, including the award’s impact on the public good, interest, and welfare. In the private sector, however, that standard does not exist.

Protection from Predators A bill that would establish an information/education program for students and parents on ways to protect children from pedophiles passed the Senate Monday and is awaiting action by Governor Codey.  Under S-2595/A-4066 (Inverso, Girgenti, Azzolina, Barnes) the Attorney General would  prepare a pamphlet on effective strategies for school children and parents of young children to prevent abduction and protect children from predators. 

Eye Safety The Senate gave final legislative approval to a bill designed to protect children from dangerous eye injuries that can occur while playing a sport. A-2091/S-1970 (Barnes, Diegnan, Malone, Sarlo) would require children who wear eyeglasses to wear protective eyewear while engaging in school, community or recreational sports. 

NJSBA supports A2091/S1970.  The measure would also authorize the New Jersey Council on Physical Fitness and Sports to provide grants to low-income families who need to purchase protective eyewear for a child.