Bills on the Governor’s Desk
As the 221st Legislative Term has concluded, there are 151 bills on Governor Murphy’s for his consideration. He can either sign them, veto them, or leave office without taking action on it, known as a Pocket Veto.
Below is a summary of legislation on his desk with municipal interest.
A-575/S-2751: Directs DEP to develop guidelines concerning State and local government purchase of goods made from recycled material.
This bill directs the Department of Environmental Protection (DEP) to develop, and update as appropriate within 180 days, guidelines on recommended recovered material content percentages for use by State and local agencies when entering into contracts for the purchase of goods, in order to encourage the purchase of goods made with recycled material including compost.
The DEP must publish the guidelines and updates on the department’s website.
The Director of the Division of Purchase and Property in the Department of Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, and all State and local agencies having authority to contract for the purchase of goods shall ensure that all product specifications for new procurements advertised after the publication of the guidelines reflect the guidelines developed, or updated, pursuant to subsection a of this bill, if applicable, and to the extent practicable and feasible.
This bill does not apply retroactively to any binding contractual obligations, bid packages advertises and made available to the public or competitive an sealed bids received by the State, or any amendment, modification, or renewal of a contract, or a contract entered into by a local contracting unit if following the guidelines developed or updated would increase the cost of the contract.
This would take effect immediately after enactment.
A-1400/S-984: Requires water supplier to notify affected municipalities, school districts, charter schools, nonpublic schools, and institutions of higher education of violations of drinking water quality standards.
The owner or operator of a public water system shall immediately notify, by telephone and electronic mail, the governing body of a municipality and the chief administrator of every school district, charter school,?nonpublic school, and institution of higher education served by the public water system incurs a violation requiring a Tier 2 Public Notice required pursuant to the United States Environmental Protection Agency's National Primary Drinking Water Regulations at Part 141, subpart Q of Title 40, Code of Federal Regulations.
This law takes effect immediately.
A-1432: Authorizes use of school bus monitoring systems; establishes certain enforcement procedures and penalties for certain violations captured by school bus monitoring systems.
A-1432 authorizes the use of a school bus monitoring system to enforce the State law governing passing a school bus. A school bus monitoring system is defined as a system meeting certain requirements set forth in the bill and having at least one camera and computer that captures and records a digital video or image of any motor vehicle operating near a school bus.
Under current law, school buses are required to exhibit flashing red lights when the bus has stopped for the purpose of receiving or discharging any person with a developmental disability or a child. Drivers of vehicles approaching or overtaking the school bus are required to stop at least 25 feet from a school bus that has activated its flashing lights.
The legislation imposes a civil penalty of $250 on a person who passes a school bus in violation of current law if the violation is evidenced by the recorded images captured by a school bus monitoring system. Under these circumstances, any civil penalty imposed and collected for this violation is to be forwarded to the financial officer of the municipality in which the violation occurred and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of this law through the utilization of a school bus monitoring system and other public education safety programs. A violation that is evidenced by the recorded images captured by a school bus monitoring system would not result in penalty points or automobile insurance eligibility points being assessed on the violator.
A municipality or school district operating or providing Type I or Type II school buses that transport students may contract with a private vendor to provide for the installation, operation, and maintenance of a school bus monitoring system for enforcement purposes. A school bus monitoring system must be capable of capturing and producing a record of any occurrence that may be considered illegal passing of a school bus and include in that recorded image.
Any suspected violation captured in a recorded image produced by a school bus monitoring system to be made available to the chief law enforcement officer of the municipality in which the violation occurred. A law enforcement officer is to issue a summons within 90 days of determining that a suspected violation occurred. A summons may not be issued for a violation occurring more than 90 days from the date of the violation.
Any recorded image or information produced in connection with a school bus monitoring system is not a public record under New Jersey’s Open Public Records Act, is not discoverable as a public record except upon a subpoena issued by a grand jury or a court order in a criminal matter, and is not to be offered into evidence in any civil or administrative proceeding unless directly related to illegally passing a school bus. Images of violations are not to be retained for more than 60 days after the collection of a civil penalty is imposed. All other images may be purged after 95 days of the recording.
The Commissioner of Education, the Superintendent of State Police, and the Chief Administrator of the New Jersey Motor Vehicle Commission may adopt rules and regulations to effectuate the purposes of the bill, including specifications and certification procedures for the school bus monitoring systems and devices that may be installed. The Supreme Court of New Jersey may adopt Rules of Court as appropriate or necessary to effectuate the purposes of the substitute.
The bill will take effect on the first day of the seventh month next following enactment, but permits the Commissioner of Education, the Superintendent of State Police, and the Chief Administrator of the New Jersey Motor Vehicle Commission to take anticipatory administrative actions in advance of the bill’s effective date.
A-2993: Authorizes local governments to provide voluntary contributions to certain nonprofit veterans’ organizations.
A-2993 permits a municipality or county to annually make a voluntary contribution of not more than $70,000 to a duly incorporated nonprofit veterans’ organization. The contribution must be used to address issues of veterans located within the county or municipality, as applicable, concerning, but not limited to, housing assistance, food security, mental health and suicide prevention, career transitions and advancement, transportation, and veteran family resources. The nonprofit veterans’ organization must provide the governing body and chief financial officer with an accounting of all funds contributed to them in the previous year, including the use of those funds for programs or resources accessible to veterans within the county or municipality, as applicable.
A-2993 defines “nonprofit veterans’ organizations” as any organization which provides support services to those who have served in the armed forces of the United States, including but not limited to services related to the physical, emotional, and medical needs of veterans, and which qualifies as a 501(c)(19) tax exempt organization under the Internal Revenue Code.
It would take effect immediately.
A-3036: “Swift Access For Emergency Response Actions Preservation Program” (SAFER APP); authorizes Attorney General to order turn-by-turn navigation systems to reroute vehicular traffic under certain conditions. This bill establishes the “Swift Access For Emergency Response Actions Preservation Program” (SAFER APP). The governing body of a municipality may adopt a resolution requesting the Attorney General to investigate whether use of turn-by-turn navigation systems by drivers creates an emergency condition within the municipality. More specifically, the Attorney General should investigate whether the guidance provided to motorists by a turn-by-turn navigation system or systems has resulted in or contributed to an ongoing emergency traffic condition with regard to the flow of vehicular traffic within the municipality. This is subject to the approval of the Commissioner of Transportation within 90 days of the date the governing body of a municipality submits the resolution to the commissioner.
Upon approval of the resolution by the commissioner, the Attorney General, in consultation with the commissioner and the governing body of the municipality, is to investigate the traffic conditions described in the resolution to determine whether an emergency condition exists. The Attorney General is to share the results of the investigation with the governing body of the municipality. If it is determined that an emergency condition exists, the bill authorizes the Attorney General to notify, electronically and in writing, any person, business, or other entity having ownership or control of a turn-by-turn navigation system. The Attorney General is to also order them when providing instructions to a driver, to detour, reroute, or divert vehicular traffic to remove the emergency condition.
Any person, business, or other entity having ownership or control of a turn-by-turn navigation system that fails to adhere to the Attorney General’s order is to be subject to a fine of not more than $5,000 per day but not less than $1,000 per day, which is to be paid to the affected municipality, until the person, business, or other entity complies with the order.
Governor Murphy Conditionally vetoed this bill with the following recommendations for reconsideration: (1) amend the bill to give the Attorney General the discretion, in consultation with the Commissioner, to engage with the operator of a navigation system to devise an alternative solution to alleviate or eliminate the ongoing emergency traffic condition, rather than simply ordering them to modify their instructions to drivers; (2) amend the reporting requirement to require the Attorney General to also make a recommendation regarding retention or repeal of the legislation, based on the experience garnered over the two-year period; and (3) amend the bill to ensure there is adequate time to develop an appropriately deliberated rule proposal and to give the public sufficient opportunity to weigh in, in accordance with the time frames established under the Administrative Procedure Act.
The Governor also recommended a technical change to clarify the role of the NJSHAD System as a platform that displays information gathered by the DOH from various sources and to clarify the protocols for sharing data obtained pursuant to the bill with researchers.
Section 8 of this act is to take effect immediately, and the remainder of the act will take effect 90 days after enactment.
A-3360:?Authorizes establishment of municipal homelessness trust funds and adoption of homeless housing plans by municipalities. A-3360/S-4832 establishes the Municipal Homelessness Trust Funds Act.
In consultation with the Office of Homelessness Prevention (DCA) and at least one community-based organization, a municipality may adopt a homeless housing plan by resolution.
A homeless housing plan is a strategic plan adopted by a municipality, prepared in consultation with the Department of Community Affairs and a community-based organization to address the housing needs of persons experiencing homelessness within its jurisdiction that includes measurable and achievable objectives to end homelessness in the municipality. The plan must include provisions for the administration of a trust fund, strategic local plan to identify and address the needs of potential beneficiaries, and establish guidelines for the award of grants or loans from the trust fund.
If a municipality adopts a plan, they must establish a municipal homelessness trust fund by ordinance. Any funds not expended after 4 years must be transferred to the Department of Community Affairs. The administrative costs for the trust fund cannot exceed 5% of total funds deposited in the fund
The municipality may also establish a fee, no more than $5, to any existing fines and penalties collected by the municipality, including but not limited to, parking tickets and court fines to fund the trust fund.
The municipal homelessness trust fund must be used for the operation of a homeless housing grant program. The homelessness housing grant program must award grants to provide:
- Acquisition, construction, or rehabilitation of housing projects or units within housing projects that supply permanent affordable housing for persons, including families, experiencing homelessness or at risk of experiencing homelessness;
- Rentalassistancevouchers, including tenant- and project-based subsidies, for affordable housing projects or units within housing projects that provide permanent affordable housing for persons, including families, experiencing homelessness or at risk of experiencing homelessness;
- Supportive services,including payment for temporaryaccommodationata hotel, to obtain ormaintain, or both, permanent affordable housing; and
- Prevention services for at-risk individuals or families so they can obtain andmaintainpermanent affordable housing.
Grants awarded by the governing body must be used to support projects that:
- Measurably reduce homelessness;
- Demonstrate government cost savings over time;
- Employ evidence-based models;
- Can be replicated in other municipalities;
- Include an outcome measurementcomponent;
- Are consistent with the homeless housing plan; or
- Fund the acquisition, construction, or rehabilitation projects that will serve individuals or families experiencing homelessness for a period of at least 30 years or the equal to the longest term of affordability required by other funding sources.
Municipalities that have established a Municipal Homelessness Trust Fund must annually report to Office of Homelessness Prevention information concerning the use of the funds, including the details of collection and expenditures of funds, projects funded, and outcomes achieved.
It would take effect 1st day of 3rd month next following enactment.
A-3451: Revises law concerning family leave to extend protection by reducing employee threshold from 30 employees to 15 employees in definition of employer.
This bill amends Family Leave Act by extending to employees of employers with 15 or more employees the right to be reinstated to employment after taking family temporary disability leave benefits or unpaid family leave, thus ensuring that more workers who pay for family temporary disability leave insurance (FLI) will be able to return to work after taking FLI benefits.
Employees of employers with 15 or more employees will be entitled to 12 weeks of job protected leave, whether that leave paid or unpaid. It also provides that an employee, regardless of size of the employer, be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment.
The minimum length of employment is reduced from 12 months to 6 months and the minimum base hours from 1,000 to 500 for an employe under the “Family Leave Act.” An eligible employee will have the option of using either their earned sick leave or whichever is applicable of temporary disability benefits or family temporary disability leave benefits and may select the order in which the different kinds of leave are taken, but may not receive more than one kind of paid leave simultaneously during any period of time.
This will take effect six months following enactment.
A-4436/S-3323: Requires local unit to accept electronic payment of construction code fees.
This bill requires construction contracts entered into under the “Local Public Contracts Law” to allow the contractor to pay enforcing agency fees imposed under the “State Uniform Construction Code” by way of a card payment system or electronic funds transfer system.
A local unit is required to establish a card system and electronic funds transfer system for payments required to be made under the “State Uniform Construction Code Act” of NJSA 52:27d-119 et seq. A local unit is required to establish a card payment system or electronic funds transfer system by passage of a resolution of the governing body.
It would take effect immediately upon enactment.
A-4372: Permits educational research and services corporation to act as lead agency or contracting unit for procurement of any goods or services and public works.
A-4372 permits educational research and service corporations to contract with institutions of higher education that are voting members of the educational research and service corporation and exempts those contracts from public bidding requirements.
Currently, a four-year public institution of higher education is permitted to join with other public or independent institutions to form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes in accordance with federal law.
The provisions of the bill also permit an educational research and services corporation to enter into an agreement with an institution of higher education which is a voting member of the educational research and services corporation to provide services, consulting, staffing, or goods concerning educational technology systems and related educational support services. The bill stipulates that these agreements are to be considered shared services agreements and are not subject to any public bidding requirements under State law including, but not limited to, the County College Contracts Law and the State College Contracts Law.
A-4562: Allows State, municipalities, and counties to implement automatic enrollment of their employees in deferred compensation plans.
A-4562 permits the State and a county or municipality to adopt an automatic enrollment arrangement where a deferred compensation plan provision permits the employer to defer and deduct a specified percentage from an employee’s salary unless the employee elects not to defer or to defer a different percentage.
This bill provides that such an automatic enrollment arrangement will be optional at the municipality’s or county’s discretion to adopt. For the State, the automatic enrollment arrangement will be mandatory for employees hired on or after the first January after the bill’s effective date unless the employee makes an affirmative election not to defer or to defer at a different percentage.
The bill provides that in the case of a plan that includes an automatic enrollment arrangement, the named fiduciary will designate a default investment into which an employee’s deferred salary will be invested in the absence of an affirmative investment election from the employee.
A-4913: Establishes certain State funding preferences for municipalities that enhance opportunities to develop housing.
This legislation establishes certain State funding preferences for municipalities that adopt certain strategies to encourage denser residential development, supplementing Titles 40, 52, and 27 of the Revised Statutes and amending P.L.2000, c.72.The League has long argued against proposals which preempt local zoning, and override local master plans, redevelopment proposals and municipal housing plans. We appreciate the sponsors of this legislation for listening to the concerns of hundreds of municipalities and advancing an incentive-based approach.
A-4913/S-4364 does not propose any new funding sources, nor is there an accompanying appropriation. As over 400 municipalities are participating in the affordable housing program [PL 2024, c2], we would ask consideration that the incentives-based approach be met with additional funding and resources in the upcoming budget process to assist municipalities with their state-imposed obligations.
This act takes effect on the first day of the ninth month next following enactment, and the Commissioner of Community Affairs, and the commissioners of other State departments impacted by this act may take anticipatory administrative action in advance as shall be necessary for the implementation.
A-5039: Requires Division of Pensions and Benefits report on available funds in local government part of SHBP prior to transferring funds from State part of SHBP. Requires monthly reporting on certain assets in SHBP. A-5309 would require the Division of Pensions and Benefits to report to the State Health Benefits Commission (SHBC) on the claims payable, available fund balance, and anticipated premiums for the local part of the State Health Benefits Program (SHBP) prior to transferring funds from the State part of SHBP to such local parts.
On the 30th day of each month, the division would be required to report to the State Treasurer and SHBC the funds available in both the State and local parts of SHBP, including cash balances, claims costs incurred, and premiums collected.
Governor Murphy vetoed the legislation in its original form on February 10, citing concerns for unnecessary delays and solvency of local funds. The Assembly concurred with the Governor’s recommendations and passed the legislation on February 27. The legislation was received in the Senate on March 3 to concur with the Governor’s recommendations.
A-5042/S-4040: Requires State entities purchase 5% of goods and services from Central Nonprofit Agency; requires Division of Purchase and Property to establish training protocols for all purchasing agents; grants Central Nonprofit Agency right of first refusal.
As introduced A-5042/S-4040 would have required state and local governments to procure 5% of their goods and services through Central Nonprofit Agencies (e.g., Arc) those commodities and services that have been set aside for purchase from approved rehabilitation facilities instead of making a good faith effort. The bill was amended to remove local government from the new requirements and revert back to local governments’ making a good faith effort to procure 5% of their goods and services through a Central Nonprofit Agency.
The law would take effect immediately.
A-5118: Provides health care benefits to disabled members of TPAF and PERS.
A-5118 permits members of the Teachers’ Pension and Annuity Fund (TPAF) and Public Employees’ Retirement System (PERS), or long-term disability insurance recipients who are disabled and receiving TPAF or PERS disability insurance benefits, to be entitled to health care benefits under the School Employees’ Health Benefits Program (SEHBP) and State Health Benefits Program (SHBP) in the same manner as it is provided to retirees of the TPAF and PERS retirement systems who receive health insurance under the SEHBP and SHBP, except that such health care benefits will be free and will not require employee contributions.
There will be no deadline for disability insurance recipients to enroll in coverage and no eligibility requirements imposed to receive coverage other than the member being required to be a recipient of disability insurance under TPAF or PERS.
Health benefits are not to be considered as benefits that reduce the amount that disabled TPAF or PERS members would receive in disability benefits, and, for pension purposes, the member is to be considered as if the member was in active service for the duration of the time the disability benefit is received.
A-5308: Requires Director of Division of Local Government Services to establish grant program to enhance local government efficiency; appropriates $1.5 million.
The Director of the Division of Local Government Services (division) in the Department of Community Affairs must establish a local government unit management enhancement review grant program to provide grants to local government units to contract with management enhancement review consultants to conduct local government unit efficiency reviews and to make recommendations to streamline operations and reduce costs. The bill appropriates $1.5 million from the General Fund to the division to provide grants to local government units to effectuate the purposes of the bill. The maximum grant award under the program is $150,000 for a county-based local government unit and $100,000 for a municipal-based local government unit. The bill requires a local government unit that receives a grant under the program to contribute 25% of the grant award amount to the management enhancement review.
To participate in the program, a local government is required to submit an application to the division detailing the local government unit's proposed plans for the grant funding, including, but not limited to: (1) the amount of grant funding being sought by the local government unit; (2) a description of how the grant funding will be used to conduct an efficiency review; and (3) the proposed sources of matching funding to be used by the local government unit to conduct the efficiency review.
After reviewing the applications, the Director of the division is required to select local government units to receive a management enhancement review grant based on factors specified in the bill. Within one year of receiving a grant, each participating local government unit is required to submit a report to the director. The director is required to compile the reports submitted for inclusion in a comparative profile of the participating local government units and to post the profile for public inspection on the division’s website in an easily accessible location.
The Governor conditionally vetoed this bill with a recommendation for an amendment to mandate that any allocated funds under the bill that remain unawarded or unobligated by June 1, 2026, be reallocated to the LEAP (Local Efficiency Achievement Program) to be used to effectuate the LEAP in accordance with applicable law.
It is set to take effect immediately upon enactment.
A-5394/S-3802: Requires certain State-funded construction projects to utilize plastic construction materials that contain certain amounts of postconsumer recycled content.
One year after the effective date of A-5394/S-3802, any construction project funded in whole or in part by state grants or loans or other state funding cannot incorporate plastic construction material unless the it contains at least 10% postconsumer recycled content for plastic purchased two years prior or, for plastic purchased thereafter, it must contain at least 15% postconsumer recycled.
The requirements of the new law do not apply if the use of the plastic construction material would increase the overall cost of the project by 20%, the material does not exist for the intended application, is not available in sufficient quantities, is not available within 60 days of the start of the construction project, or the construction is for residential housing deed restricted as low-income or moderate income housing.
In addition, the new requirements of the law will not apply if a licensed architect or engineer provides a written certification that the use of construction materials needed to meet the provision of this law would cause structural integrity issues with the construction project that are likely to materially and negatively impact the safety of any future occupants of the construction project, and the structural integrity issues cannot be reasonably mitigated without the use of construction materials that do not meet the provisions this new law.
The Commissioner of Department of Environmental Protection has rulemaking authority.
This law would take effect immediately.
A-5886: Revises process for filling vacancy from this State in United States House of Representatives. This bill revises the process for filling a vacancy from this State in the United States House of Representatives under certain circumstances by expediting the process.
This bill specifically establishes a timeframe of within 10 days of the occurrence of the vacancy for the Governor to issue a writ of election. It also removes the requirement that the election to fill the vacant seat be held on the same day as the next upcoming general election and instead allows for a special election date to be designated.
The vacancy can be filled either when the unexpired term to be filled equals or exceeds 180 days, then the special election will then be held not less than 64 nor more than 70 days following the day of the special primary election or when the unexpired term to be filled is less than 180 days, but in no case less than 135 days, the writ will designate a special day as the day on which the election will be held to fill such vacancy and no primary election will be held for the nomination of candidates to fill such vacancy.
If a vacancy occurs in the final 135 days of an unexpired term, the seat will remain vacant until the start of a new term.
This is set to take effect immediately.
A-6213: Allows cities to close existing lifeguard pension plans to new entrants and modifies certain lifeguard pension benefits; makes new lifeguard pension plans permissive.
A-6213 allows cities of the fourth class that have established lifeguard pension plans to close such existing pension plans to new entrants and modifies certain lifeguard pension benefits. The legislation also makes new lifeguard pension plans permissive in those cities.
Fourth class cities are those bordering the Atlantic Ocean and considered seaside or summer resorts. Active or retired members in existing plans would continue to be eligible for service retirement and other benefits, as provided under current law. However, the legislation allows the governing body to modify or terminate the offer of pension and other benefits for active members of the pension plan who have not attained at least 10 years of service in the plan. The bill also provides that any current or former member of the lifeguard force who does not qualify for a pension will receive a return of all accumulated deductions, plus regular interest as determined by the lifeguard pension commission. Members are currently required to contribute 4% of their salary to the pension fund; employers also contribute 4% of total salaries paid to lifeguards to the fund.
This legislation takes effect immediately.
A-6308: “Safe Communities Act”; requires AG to develop certain model policies.
The bill requires the Attorney General to develop model policies on how certain locations including health care facilities, public schools, domestic violence shelters, emergency shelters, family shelters, youth shelters, food pantries, funeral homes, harm reduction sites, disaster and emergency response sites, offices of social services, correctional facilities, and courthouses, interact with federal civil law enforcement to ensure that all people have access.
The model policies would prohibit these sensitive locations from assisting or participating in federal civil law enforcement and would prohibit enforcement on entity premises at those locations.
Under the bill, the AG is required to publish the model policies on the website of the Department of Law and Public Safety (DLPS). The bill requires the Commissioners of Community Affairs, Children and Families, Health, Human Services, Education, and Corrections, and Administrative Director of the Courts to adopt the model policies within 180 days of issuance by the AG’s office, or policies that provide greater protections, and to prominently display these policies at their respective institutions in an area open to the public.
The bill also requires the AG to develop a model policy, in consultation with the State’s religious leaders, that a place of worship may adopt, to ensure that individuals are not deterred from entering the premises regardless of immigration status. The model policy developed is also required to be published on the DLPS Internet website.
A-6309:?Establishes “Privacy Protection Act”; concerns collection and sharing of certain personal information.
This bill establishes the “Privacy Protection Act,” concerning the collection and sharing of certain personal information by State and local government entities and health care facilities.
Under the bill, government entities and health care facilities are prohibited from requesting or collecting information relating to a person’s immigration status, place of birth, social security number, and individual taxpayer identification number unless it is strictly necessary to assess eligibility for, or to administer, a requested public service, benefit, or program.
The bill provides that any information collected for that purpose, whether written or oral, is not considered a government record under the open public records act and is not to be disclosed except: (1) by an election agency when the disclosure of a candidate’s citizenship status is a requirement for elected office; (2) as required to administer benefits or services pursuant to State or federal law; (3) as required by a subpoena, valid court order, or warrant issued by a State or federal judge, or pursuant to federal law; or (4) upon obtaining written consent from the person to whom the information pertains.
In addition, the bill prohibits a government entity from selling, sharing, or transferring automated license plate recognition information concerning the operation of a person’s motor vehicle, except: (1) to another government entity when permitted by law; (2) pursuant to a subpoena, valid court order, or judicial warrant; or (3) upon obtaining written consent from the person to whom the information pertains. The provision of data hosting services does not constitute the sale, sharing, or transfer of automated license plate recognition information.
The bill requires that written consent for the disclosure of information be in the person’s language of choice and that it include: (1) the exact record or information to be shared; (2) the purpose for sharing the record or information; (3) a statement clarifying that consent is voluntary and declining to consent shall not result in discrimination or retaliation by the government entity or health care facility; (4) a statement clarifying that consent may be revoked, but that revocation does not impact any record or information already shared under prior written consent granted pursuant to the provisions of the bill; and (5) the person or agency to receive the record or information.
In addition, the bill requires a government entity or health care facility that discloses any record or information pursuant to a subpoena, valid court order, judicial warrant, or federal law to provide notice to the person to whom the record or information pertains regarding the disclosure. The notice is required to set forth: (1) specific record or information subject to disclosure; (2) the party to which the record or information was disclosed; and (3) the basis for disclosing the information.
Under the bill, government entities and the Commissioner of Health for health care facilities are required to review their confidentiality policies, guidelines, and recommendations and identify any changes necessary to ensure compliance with the provisions of the bill and make any changes as expeditiously as possible, but no later than one calendar year following the bill’s effective date. It also requires these entities to prominently post these policies on their websites.
In addition, the bill amends subsection g. of N.J.S.A.39:2-3.4 to provide that, in addition to any officer, employee, or contractor of the New Jersey Motor Vehicle Commission (MVC), as provided under current law, a government entity, as defined by the bill, is also prohibited from disclosing any motor vehicle records containing personal information for any purposes related to Title 8 of the United States Code without the informed consent of the applicant, a warrant signed by a State or federal judge, lawful court order, or subpoena, except when it would be contrary to federal law. Under the bill, when responding to a warrant, court order, or subpoena requiring the disclosure of motor vehicle information, a government entity may disclose only those records or information specifically requested in the warrant, court order, or subpoena.
Finally, a person who knowingly violates the bill’s provisions is subject to injunctive relief and civilly liable for damages to the person to whom the information pertains, or to that person’s personal representative or guardian.
The Governor conditionally vetoed the bill on the following recommendations: (1) amend the bill to make clear that collecting information required for this purpose is permissible; and (2) amend the bill to impose liability on government agencies and health care facilities that violate these privacy protections, rather than on individual employees; and (3) subjecting health care facilities that violate the privacy protections provided under this bill to enforcement by the Department of Health, rather than by requiring individuals aggrieved by such violations to file a complaint in the Superior Court.
It would be effective immediately after enactment, except for the provision regarding the Department of Health, which is effective one year after enactment.
A-6310: Codifies AG Directive, "Strengthening Trust Between Law Enforcement and Immigrant Communities."
This bill codifies the Attorney General Directive “Strengthening Trust Between Law Enforcement and Immigrant Communities.”
Under the provisions of this bill, a law enforcement officer is prohibited from engaging in conduct constituting racially influenced policing. In addition, with certain exceptions, State, county, and municipal law enforcement agencies and officers are prohibited from: (1) stopping, questioning, arresting, searching, or detaining any individual based solely on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law; or (2) inquiring about an individual’s immigration status, unless it is necessary for an ongoing investigation of an indictable offense by that individual and relevant to the offense under investigation.
Under certain conditions, State, county, and municipal law enforcement agencies and officers are prohibited from providing certain types of assistance to federal immigration authorities when the sole purpose is to enforce federal civil immigration law.
It prohibits State, county, or municipal law enforcement agencies from entering into, modifying, renewing, or extending any agreement to exercise federal immigration authority pursuant to section 287(g) of the Immigration and Nationality Act and from exercising any law enforcement authority pursuant to a preexisting section 287(g) agreement. This section of the Immigration and Nationality Act authorizes the federal Department of Homeland Security to delegate immigration enforcement functions to State and local law enforcement agencies, including the power to identify, arrest, and process individuals for immigration violations.
The bill’s provisions do not apply to existing contracts between the U.S. Immigration and Customs Enforcement (ICE) and certain counties to house ICE detainees.
Every State, county, and municipal law enforcement agency is required to establish procedures that include certain determinations for processing requests for T-visa and U-visa certifications from potential victims of crime or human trafficking within 120 days of the request being made. Each law enforcement agency is required to post information about its procedures on its website, or if it does not have a website, on the website of the county or municipality it serves, when feasible.
At a defendant’s initial court appearance before a judge, the prosecutor is to confirm that the defendant has been advised on the record that potential charges and convictions may carry immigration consequences and that the defendant may have rights to consular notification pursuant to the Vienna Convention on Consular Relations.
In assessing whether to seek pretrial detention of an arrestee under current law, the prosecutor is to make an individualized assessment based on the specific facts presented in each case and is not to assume that a non-citizen presents a risk of flight. When evidence of the defendant’s immigration status is not relevant to the crime charged or to a witness’s credibility, it is not to be presented to the jury. In cases where it is relevant and admissible at trial, the prosecutor is not to seek to admit the evidence without first raising the issue with the court outside of the jury’s presence and requesting that the court give an appropriate limiting instruction.
The bill further requires every State, county, and municipal law enforcement agency and official to notify a detained individual, in writing and in a language the individual can understand, when federal civil immigration authorities request to interview the detainee, to be notified of the detainee’s upcoming release from custody, or to continue detaining the detainee past the time the detainee would otherwise be eligible for release. The bill also requires agencies to provide a detained individual with copies of the documents provided by federal immigration authorities in connection with any request.
Also, under the provisions of this bill, on an annual basis, each State, county, and municipal law enforcement agency is required to report, in a manner prescribed by the Attorney General, any instances in which the agency provided assistance to federal civil immigration authorities that are prohibited by the bill. Municipal and county law enforcement agencies are required to submit a report to the county prosecutor, who is then required to submit a consolidated report to the Attorney General. The New Jersey State Police and all other State law enforcement agencies are required to submit the report to the Attorney General. The Attorney General is to post online a consolidated report detailing all instances of assistance by State, county, and municipal law enforcement agencies.
Finally, the Division of Criminal Justice must develop a training program to explain the requirements of the bill and requires all State, county, and municipal law enforcement officers to complete the training within 60 days after it becomes available. County prosecutors are required to educate the public about the provisions of the bill, with a focus on strengthening trust between law enforcement and immigrant communities.
It is set to take effect immediately upon enactment.
S-699: Establishes program in SADC for acquisition of development easements on privately-owned woodlands. This bill directs the State Agriculture Development Committee (SADC) to establish a program for the acquisition of development easements on privately owned woodlands.
The purpose of the program would be to promote the preservation and stewardship of lands for agricultural, silvicultural, and horticultural use and production, and to protect the State’s forested lands.
Eligibility for inclusion in the program includes the following requirements: (1) be at least 20 acres in size; (2) be devoted, in whole or in part, to either agricultural production or the production for sale of tree or forest products; and (3) for those areas not in agricultural production, be managed by the landowner in accordance with a forest stewardship plan approved pursuant to NJSA 13:1LL-31, a woodland management plan approved pursuant to the “Farmland Assessment Act of 1964” (NJSA 54:23.3.) or a plan approved pursuant to the federal Forest Stewardship Program administered by the United States Forest Service.
The appraisal process for development easements under the program would be the same as that for farmland under the provisions of subsection e. of NJSA 13:8C-50, which were recently revised by P.L.2023, c.245. Under the program, the SADC would be authorized to use constitutionally dedicated corporation business tax (CBT) revenues to fund the acquisition of development easements, provided that the use is consistent with the “Preserve New Jersey Act,” NJSA 13:8C-43 et seq. and the State Constitution. Grants distributed by the SADC would be authorized to cover up to 80% of the costs of acquisition of a development easement a local government unit or nonprofit organization.
This would take effect immediately.
S-2160: Allows seasonal retail consumption alcoholic beverage license holder to exchange license for full-year consumption license.
S-2160 allows a person who held a seasonal retail consumption license prior to the bill’s effective date to surrender the license to the issuing authority and exchange the license for a plenary retail consumption license. This license will permit the licensee to sell alcoholic beverages for consumption on the licensed premises throughout the entire year during the same times and days as other plenary retail consumption license holders in the same municipality.
The fee to convert a seasonal license would be based upon the average sales price of plenary retail consumption licenses in the municipality during the two years immediately preceding the bill’s effective date. If a plenary retail consumption license has not been sold during the two years immediately preceding the bill’s effective date, the fee is to be based upon the average sales price of the last three plenary retail consumption licenses sold preceding the bill’s effective date. If the licensed premises is located within the boundaries of two or more municipalities, the highest average sale price of the two or more municipalities would be used to calculate the fee. The calculation to determine the fee would not include de minimis or related party transfer sales. The fee to convert a seasonal license would not exceed $250,000. A person who exchanges a license would also be required to pay the same annual fee as a plenary retail consumption license holder.
S-2373: Provides employment protections for paid first responders diagnosed with post-traumatic stress disorder under certain conditions.
As amended, this bill establishes employment protections for paid first responders who are diagnosed with work-related posttraumatic stress disorder (PTSD) under certain circumstances.
An employer is prohibited from discharging, harassing, or otherwise discriminating or retaliating against an employee, or threatening to do so, with respect to the compensation, terms, conditions, duties, or privileges of employment on the basis that the employee took or requested any leave related to a qualifying diagnosis of PTSD. The amended bill defines “employer” as a public entity that employs paid first responders.
S-2961: Establishes minimum qualifications for persons employed on public works contracts.
S-2961 establishes minimum qualifications for persons employed on public works projects. As passed with the Governor’s conditional veto, a journeyperson must have either graduated from an apprenticeship program equal to a United States Department of Labor-registered apprenticeship program sponsored by a labor union or jointly sponsored with a labor union with prevailing wage and an employer association, with or has completed four years of documented work as a tradesperson that can be verified by pay records or through sworn statements of the craft worker and the employer or employers from that time.. Craft workers who are members of a labor union and employed by a signatory to a collective bargaining agreement that is or was the basis for a determination by the commissioner of the ‘prevailing wage’ are exempted from these provisions.
The law will take effect 90 days after enactment.
S-3389: Provides certain requirements concerning railroad safety.
Under S-3389, at least a two-person crew is required on all dangerous hazardous trains. Additionally, the railroad company must display its name on the dangerous hazardous train. The two-person crew requirement is mandatory when a train is transporting one or more loaded freight cars containing any material poisonous by inhalation or transporting 10 or more loaded freight cars or freight cars loaded with bulk packages or containing certain hazardous materials.
The bill provides for certain exceptions to the two-person crew requirement, including: when a train is performing helper service; when a train is a tourist, scenic, historic, or excursion operation that is not part of the general railroad system of transportation; when a train is a locomotive that is not attached to railcars, is located inside a rail yard, and is being moved between tracks or moved to or from a maintenance shop; and when the owner or operator has been exempted from the two-person crew requirement by the Commissioner of Transportation.
A railroad company, including a short line, is prohibited from operating any train that exceeds 8,500 feet in length on any main line or branch line within the state. Additionally, an owner or operator of a privately owned railroad is required to submit a copy of federally required bridge inspection reports to the Commissioner of Transportation, the Governor, and the Legislature. Finally, non-profit labor organizations in the industry will be allowed on railroad property to assist with safety inspections and to identify safety concerns.
The Board of Public Utilities (BPU), in conjunction with Department of Transportation (DOT), is required to work with each railroad company that operates in the state to ensure that wayside detector systems are installed and are operating along railroad tracks on which the railroad company operates and to ensure that such systems meet certain standards. If a railroad company refuses to work or otherwise cooperate with the BPU and the DOT in good faith, the BPU and the DOT are required to investigate the railroad company’s safety practices and standards to determine whether the company appears to be in compliance with federal railroad safety standards. If the railroad company does not appear to be in compliance, the BPU and the DOT are then required to make a report to the Federal Railroad Administration, within 60 days after this determination, detailing the results of the investigation and recommending that the administration take enforcement action against the railroad company and a copy of the report will be sent to the Governor and Legislature.
S-3470: Upgrades cyber-harassment of public servant or family member to third-degree crime; requires Attorney General to establish cyber-harassment prevention initiatives; appropriates funds.
Under current law, cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree. This bill amends current law to also make cyber-harassment a third degree crime if a person commits an offense against a public servant or any member of a public servant’s family. The bill defines “public servant” as any person elected to public office, appointed to, or employed by any public entity in this State, or any subdivision thereof, and shall include any person serving as a judicial officer, as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1), juror, advisor, or consultant, performing a governmental function, but the term does not include witnesses.
The League supports this legislation because it provides a measure of protection to public officials. If signed by the Governor, it will take effect immediately.
S-3505: Establishes protected leave under “Family Leave Act” and family temporary disability leave benefits for bereavement for death of child, miscarriage, stillbirth, and certain other circumstances.
S-3505 provides that an employee may take family leave granted by the “New Jersey Family Leave Act” to grieve the loss of a child due to the death of the child, miscarriage, stillbirth, or termination of a pregnancy for medical reasons.
The bill also permits leave due to an unsuccessful adoption that had been pending and planned by the employee or due to an unsuccessful fertility treatment, including, but not limited to, intrauterine insemination and assisted reproductive technology.
S-3505 allows an employee to take family temporary disability leave benefits granted by the “Temporary Disability Benefits Law” to bereave the loss of a child due to the death, miscarriage, stillbirth, or termination of a pregnancy for medical reasons, if the individual, or the spouse, domestic partner, or civil union partner of the individual, is a biological parent of the child or is a parent of the child pursuant to a valid gestational carrier agreement. The bill allows an employee to take family temporary disability leave benefits to bereave an unsuccessful adoption that had been pending and planned by the employee or bereave an unsuccessful fertility treatment, including, but not limited to, intrauterine insemination and assisted reproductive technology.
The bill limits leave and benefits for bereavement as follows:
(1) For bereavement related to a circumstance for which the employee would not otherwise be eligible for any other kind of disability and family leave and benefits, the employee may take leave and benefits, depending on the circumstances, for not more than 21 days immediately following the date of the event which is the reason for the bereavement.
(2) For bereavement related to a circumstance for which the employee would be otherwise eligible for disability or family leave or benefits, depending on the circumstances, the employee may take leave and benefits for not more than seven days immediately following the date of the event which is the reason for the bereavement.
S-4690/A-5901: Authorizes certain energy projects involving installation of transmission and distribution wires that cross preserved farmland.
This legislation bypasses local authority and authorizes certain energy projects involving installation of transmission and distribution wires that cross preserved farmland.
This legislation permits the State Agriculture Development Committee to authorize the construction of transmission wires on preserved farmland. If passed and signed by the Governor, this legislation takes effect immediately.
S-4834: Regulates certain electric bicycles.
S-4834 amends current law to remove classifications of electric bicycles and to redefine and expand the classification of “motorized bicycle” to include a pedal bicycle with fully-operable pedals and an electric motor that can provide assistance when the rider is pedaling or that, through the use of a throttle, can be used to exclusively propel the bicycle.
The legislation creates a system of ages and licensure; insurance and additional requirements are outlined to operate a motorized bicycle. A person has 12 months following the bill’s effective date to comply with the requirements of the legislation.
Any law enforcement officer investigating an accident involving a motorized bicycle must report it to the Department of Transportation and the New Jersey Motor Vehicle Commission.
The New Jersey Motor Vehicle Commission and the Department of Transportation must prepare and submit an annual report to the Legislature concerning all information collected concerning motorized bicycles in this state.
S-4847: Makes various changes to membership on Cannabis Regulatory Commission and to legalized medical and personal use cannabis marketplace. Removes certain prohibitions imposed on the commissioners of the Cannabis Regulatory Commission and makes various reforms concerning the legalized medical and personal use cannabis marketplace.
Under the bill, a commissioner who holds local elected office may campaign and fundraise for such office in the election year for that office. The bill permits a member of the commission and the executive director or any other employee of the commission, following written notice by a member or the executive director to the chair, to attend a political event in the member’s, director’s, or employee’s official capacity.
The bill removes the limitation that commission members, the executive director, and employees are prohibited from meeting or discussing with any person any issues involving any pending or proposed application or any matter whatsoever which may reasonably be expected to come before the commission. Such meetings or discussions may occur upon the commission’s business premises or any other location designated by the commission.
The bill increases the salary of the members of the commission to $160,000, the chair of the commission to at least $165,000, and as amended, the executive director of the commission to $175,000. It also establishes that a majority of the authorized members of the commission designate the chair of the commission.
The bill also permits an immediate family member of any State officer or employee to hold, directly or indirectly, an interest in medical or adult-use cannabis entities only if, in the judgment of the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate, such employment will not interfere with the responsibilities of the State officer or employee, or person, and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the State officer or employee, or person.
The amended bill changes the definition of “person” under section 4 of P.L.1981, c.142 (C.52:13D-17.2), regarding conflicts of interest matters. It permits a special State officer or employee, or any member of the immediate family, without matters affecting medical cannabis or personal use cannabis activity, to obtain employment with such businesses within two years subsequent to the termination of the office or employment of such person.
The bill modifies CREAMMA as it relates to Workplace Impairment Recognition Experts (WIRE). The bill renames WIRE to “Workplace Impairment Recognition Evaluator,” shifts certain certification authority from the Police Training Commission to the Department of Labor and Workplace Development, and finally, requires the commission to issue a certification to a person upon completion of necessary courses.
The bill clarifies that the definition “ownership interest” applies only to present rights to ownership or equity interest in an entity, but not a future right. Moreover, it also clarifies that an alternative treatment center (ATC) that was expanded to the adult-use market pays the identical fee applicable to the relevant adult-use license renewal fee.
The bill establishes that an applicant seeking a minority-owned, women-owned, or disabled-veteran owned certification may reference an investor, the members of an investor group, or fund in order to meet certification requirements. As amended, it establishes that any change in ownership interest to a minority-owned, women-owned, or disabled-veteran owned business will require such business to recertify with the commission the eligibility of such certification.
The New Jersey State Police (NJSP) must develop and implement an enforcement program to identify, investigate, and initiate enforcement actions against unlicensed businesses selling cannabis or cannabis items. The NJSP or a local law enforcement agency is permitted to take steps to close such businesses, seize any cannabis sold by the unlicensed business, and refer the matter for criminal prosecution. In addition, an unlicensed business may be deemed a public nuisance subject to abatement under State and municipal law.
The amended bill permits the commission to make recommendations to the Legislature related to the establishment of a new license type. It also clarifies that the commission may, by rule or regulation, exempt certain employees, including entry-level employees, from the requirements of a criminal history background check.
S-4864/A-5967: Permits certain local units to enter into project labor agreements for public works projects below the $5 million threshold.
S-4864 would permit municipalities, counties, school districts, or fire districts to include the use of a project labor agreement for public works projects under $5 million. As a reminder, P.L. 2002, c. 44, established a minimum threshold of $5 million of the cost of public works projects to permit the use of a project labor agreement.
It would take effect immediately.