The Town Crier - Legislative Backgrounder

On Friday, Governor Murphy signed some of the bills advanced by the legislature in response to COVID-19. Below is a summary of the laws signed into law. All of the laws take effect immediately.

Municipal Concerns

P.L. 2020, c. 5 Provides county clerks with additional week to mail ballots for 2020 primary election.

• County clerks provided with an additional week to proof, print, prepare, and mail vote-by-mail ballots.
• Military and overseas ballots must still be mailed by April 18, 2020.
• The additional week provided by this bill will only apply to the 2020 primary election.
• Took effect on March 20, 2020 and expires on the date of the 2020 primary election

P.L. 2020, c. 10 Modifies deadline by which public agency is required to respond to request for government record during period of emergency.

• Only applicable during a period of a declared State of Emergency, Public Health Emergency, or State of Local Disaster Emergency.
• The seven business days or soon as possible deadline to respond to Open Public Records Act (OPRA) requests does not apply.
• The records custodian must make reasonable effort, as the circumstance permit, to respond to an OPRA request within the seven business days or soon as possible deadline.
• Took effect on March 20, 2020.

P.L. 2020, c. 11 Allows public bodies to conduct meetings by electronic means during periods of emergency.

• Permissible only during a declared State of Emergency, Public Health Emergency, or State of Local Disaster Emergency.
• Permits a public body to perform any of the following by electronic means:
• conduct a meeting and any public business,
• cause a meeting to be open to the public,
• vote, or
• receive public comment.
• Will not violate the Open Public Meetings Act.
• Adequate notice of meeting can be by electronic notice
• When using this option, to the extent practicable, the public business should be limited to matters necessary for the continuing operation of government related to the emergency.
• Department of Community Affairs and State Board of Education, must adopt regulations for boards of education.
• Does not rescind N.J.S.A. 10:4-10(b), emergency meeting provision.
• Took effect March 20, 2020.

P.L. 2020, c. 12 Extends deadlines for adoption of county and municipal budgets under certain circumstances.

• Current law allows the Director of Local Government Services to extend the deadlines for approval and adoption of county and municipal budgets, only with approval of the Local Finance Board.
• This bill would permit, during a declared State of Emergency or Public Health Emergency, the Director of the Division of Local Government Services to unilaterally extend the statutory dates for introduction and approval of county and municipal budget without needing approval by Local Finance Board.
• Took effect March 20, 2020.

School Concerns

P.L. 2020, c. 6 Requires school districts to provide school meals or meal vouchers to students eligible for free and reduced-price school meals during school closures due to COVID-19 epidemic.

• In event the school is closed due to the recent COVID-19 epidemic, the school district must implement a program during the school closure to provide school meals to all students enrolled in the district who are eligible for free and reduced-price school lunch and breakfast programs.
• The district must identify one or more school meal distribution sites that are walkable and easily accessible to the students in the district.
• In collaboration with the county and municipal government, a school meal distribution site may include, but is not limited to:
• Faith-based locations.
• Community centers.
• Locations where summer meals are available.
• In high density housing locations, the district must make every effort to identify a school meal distribution site in that housing area.
• If students are not in walking distance to a school meal distribution site, the school district must distribute the school meals to the student’s residence or bus stop up to a total of three school days’ worth of food per delivery.
• School district can use their own buses or as an exemption to the Public School Contracts law contract out buses for the distribution of school meals.
• In the event the school district is unable to provide school meals, they must establish a food voucher system to provide funds to enable students’ access to nutritious food at retail food stores.
• The state is responsible for any cost not reimbursed by the federal government incurred by the school district.
• Took effect March 20, 2020.

Individual Citizen and Business Concerns

P.L. 2020, c. 8 Expands EDA small business loan program to include small businesses negatively affected by certain epidemics

• Authorizes the New Jersey Economic Development Authority (EDA) to provide grants during periods of emergency declared by the Governor, for the duration of economic disruptions due to the emergency.
• Extends the uses for funds in the Economic Recovery Fund and provides that EDA may extend NJ Grow Projects, if project delay is a result of economic hardship as a result of the state of emergency.

P.L. 2020, c. 16 Limits return of items purchased from retail food stores under certain circumstances.

• To inhibit the further spread of COVID-19 and protect public health.
• Makes it unlawful for any retail food store to accept the return of groceries and other foodstuff purchased during and 30 days following the COVID-19 State of Emergency.
• At its discretion, a retail food store may accept the return of groceries and other foodstuff if it determines they are unsafe for use or defective. Such returned goods cannot be offered for resale.
• Defines “groceries and other foodstuff” as dairy products, meats, and delicatessen products, produce products, seafood products, carbonated beverages, coffee, and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.
• Defines “retail food store” as any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premise consumption.

P.L. 2020, c. 9 Concerns time off from work in connections with infectious disease.

• Prohibits an employer, during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020, from terminating or refusing to reinstate an employee if the employee requests or takes time off from work based on a recommendation from a licensed medical professional to do so as a result of COVID-19.
• This would seemingly apply to all employers, including municipal employers.
• There is a $2,500 penalty for an employer that violates the provisions of this bill.
• Took effect March 20, 2020.

P.L. 2020, c. 15 Permits corporations to hold shareholders’ meeting in part or solely by means of remote communication during state of emergency.

• Permits corporations to hold shareholders' meetings in part or solely by means of remote communication. 
• During a State of Emergency declared by the Governor, a meeting of shareholders may be held by means of remote communication to the extent the board authorizes and adopts guidelines and procedures governing such a meeting.
• Shareholders participating in a meeting of shareholders by means of remote communication are deemed to be present in person and are entitled to vote at the meeting, regardless of whether the meeting is held at a designated place or solely by means of remote communication.
• Took effect March 20, 2020. 

P.L. 2020, c. 4 Permits professional and occupational licensing boards to expedite licensure of certain individuals during state of emergency or public health emergency.

• Allows the Division of Consumer Affairs in the Department of Law and Public Safety, with the approval of the Attorney General, to expedite the professional and occupational licensing process for out-of-state individuals when the Governor has declared a state of emergency.
• To qualify for the expedited process the individual applicant must have a corresponding license, certificate of registration or certification in good standing from another jurisdiction. 
• The ability to expedite applications means the Division of Consumer Affairs has the authority to waive certain requirements such as criminal history record background check and payment of certain fees. 
• Took effect March 20, 2020. 
   

Health Issues

P.L. 2020, c. 7 Requires health insurance and Medicaid coverage for testing and treatment of coronavirus disease 2019.

• Requires health insurance carriers (health, hospital and medical service corporations, health maintenance organizations, and insurance companies), the State and School Employees’ Health Benefits Programs (SEHBP)  and the State Medicaid program, to provide coverage for expenses incurred in:
• The testing for COVID-19, provided that a licensed medical practitioner has issued a medical order for that testing.
• The delivery of health care services through telemedicine or telehealth in accordance with the provisions of N.J.S.A. 45:1-61 et seq.
• The requirements remain in effect during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020.
• Requires the coverage to be provided to the same extent as for any other services under the health benefits plan, except that no cost-sharing may be imposed on the coverage provided pursuant to the bill.
• Took effect on March 20, 2020 and applies to all health benefit plans currently in effect as well as any insurance plans issued on or after March 20, 2020.

P.L. 2020, c. 3 Facilitates use of telemedicine and telehealth to respond to health emergencies.

• Provides that, for the duration of the public health emergency declared in response to the COVID-19, any health care practitioner will be authorized to provide and bill for services using telemedicine and telehealth, regardless of whether rules and regulations concerning the practice of telemedicine and telehealth have been adopted.
• The services authorized under the bill will include the full range of services set forth in the definitions of telemedicine and telehealth pursuant to N.J.S.A. 45:1-61 that are appropriate under the standard of care. 
• Took effect on March 20, 2020.

P.L. 2020, c. 13 Authorizes licensed health care facilities and laboratories to develop and administer coronavirus disease 2019 (COVID-19) tests.

• Provides that, for the duration of the public health emergency declared in connection with the COVID-19, all licensed health care facilities and clinical laboratories will be authorized to collect specimens for the purposes of testing for COVID-19.
• Commissioner of Health is expressly authorized, during a public health emergency, to waive mandatory staffing ratio requirements for health care facilities.
• Took effect March 20, 2020.

P.L. 2020, c. 14 Requires food access information be displayed on websites of 2-1-1 system and executive branch departments during public health emergencies to the extent practicable.

• Requires the statewide 2-1-1 system and all executive branch departments, to the extent practicable, to prominently display information concerning food access programs and resources through their main websites and social media throughout the duration of any declared public health emergency.
• Took effect March 20, 2020.

P.L. 2020, c. 1 Concerns prohibition of residential tenant eviction and eviction due to residential foreclosure during certain emergency circumstances

• Provides the Governor with the authority, if a public health emergency or state of emergency or both have been declared, to issue an Executive Order that would prohibit the lessee, tenant, homeowner, or any other person from being removed from a residential property.
• Evictions and foreclosure proceedings may be initiated or continued but the enforcement of judgements for possessions, warrants of removal, and writs of possessions shall be stayed during the Governor’s Executive Order.
• Residential property for these purposes does not include any hotel, motel, or other guest house, or part thereof rented to a transient guest or seasonal tenant, or a residential health care facility.
• Took effect on March 19, 2020
  
  

Contact:

• Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
• Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
• Jon Moran, Senior Legislative Analyst, jmoran@njlm.org, 609-695-3481 x121.