Bill Text: NJ A5769 | 2018-2019 | Regular Session | Introduced
Bill Title: Expands will registry maintained by Secretary of State to include information regarding declarant's advance directive; provides for public information campaign for registry.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-08-27 - Introduced, Referred to Assembly Judiciary Committee [A5769 Detail]
Download: New_Jersey-2018-A5769-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Expands will registry maintained by Secretary of State to include information regarding declarant's advance directive; provides for public information campaign for registry.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning advance directives, and amending the title and body and supplementing P.L.2005, c.97.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The title of P.L. 2005, c.97 is amended to read as follows:
An Act creating a will and advance directive registry and supplementing Title 3B of the New Jersey Statutes.
2. Section 1 of P.L.2005, c.97 (C.3B:3-2.1) is amended to read as follows:
1. a. The Secretary of State shall create and maintain a will and advance directive registry in which a testator or his attorney or a declarant or his attorney may register information regarding the testator's will or the declarant's advance directive. The information contained in such registry shall include the name of the person making the will or advance directive, the date the will or advance directive was made, and sufficient identification of the location of the will or advance directive at the time of registration. The registry shall not contain a copy of the will or advance directive.
b. The fee for registration of a will or advance directive shall be $10.00, which shall be deposited by the Secretary of State in the General Fund.
c. The existence or nonexistence of a registration for a particular will or advance directive shall not be considered as evidence in any proceeding relating to such will or advance directive, and the failure to file information about a will or advance directive in the will and advance directive registry shall not be a factor in determining the validity of the will or advance directive.
d. The fee for application to the Secretary of State to conduct a search of the registry shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. Only interested persons and their representatives may conduct a search of the registry. As used in this act, "interested persons" means children, spouses, potential heirs, devisees, fiduciaries, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.
e. The Secretary of State shall not be liable for the accuracy of the representation of the person conducting a search of the registry or for the accuracy of the information contained in the registry.
As used in this section:
"Advance directive" means a writing executed in accordance with the requirements of P.L.1991, c.201 (C.26:2H-53 et seq.). An "advance directive" may include a proxy directive or an instruction directive, or both.
(cf: P.L.2005, c.97, s.1)
3. (New section) The Secretary of State, in consultation with the Commissioner of Health, shall establish and undertake a public information campaign concerning the will and advance directive registry established pursuant to section 1 of P.L.2005, c.97 (C.3B:3-2.1). The campaign shall include, but not be limited to, educating the public on the existence of the registry.
4. This act shall take effect immediately.
STATEMENT
Under current law, the Secretary of State maintains a will registry in which a testator or his attorney may register information regarding the testator's will. This bill would require the Secretary of State to expand this registry to also permit a declarant or his attorney to register information regarding the declarant's advance directive.
The bill provides that the following information would be included in the registry: the name of the person making the advance directive, the date the advance directive was made, and sufficient identification of the location of the advance directive at the time of registration. The registry would not contain a copy of the advance directive. The fee for registration of an advance directive would be $10, which would be deposited into the General Fund.
The existence or nonexistence of a registration for a particular advance directive would not be considered as evidence in any proceeding relating to such advance directive, and the failure to file information about an advance directive in the registry would not be a factor in determining the validity of the advance directive.
"Advance directive" is defined in the bill to mean a writing executed in accordance with the requirements of P.L.1991, c.201 (C.26:2H-53 et seq.). An "advance directive" may include a proxy directive or an instruction directive, or both.
The bill also provides for the Secretary of State, in consultation with the Commissioner of Health, to establish and undertake a public information campaign concerning the will and advance directive registry. The campaign would include, but not be limited to, educating the public on the existence of the registry. It is the sponsor's intent to heighten public awareness of the registry.
