Governor signs remote notary legislation NJSBA helped shape

The much-anticipated remote notary bill was signed into law by Governor Phil Murphy last week, opening up the ability to notarize documents using communication technology that would permit individuals to communicate simultaneously using sight and sound, a win for the state's legal community.

The New Jersey State Bar Association (NJSBA) had been urging legislators to allow remote notary acknowledgements since the beginning of the COVID-19 crisis. A previous version of the bill was limited to only notaries public, and would not have been effective for 90 days.

After hearing of heroic efforts made by members to obtain valid notary acknowledgements in parking lots, on front porches and across backyards, where safe social distancing measures could be employed, the NJSBA successfully urged that a new bill be introduced that would take effect immediately. When first drafted, however, A-3903 (Downey)/S-2336 (Greenstein), was limited in its application. The NJSBA successfully urged amendments to expand the ability to notarize to all individuals able to administer oaths and authorizations statutorily—specifically attorneys—and to remove the prohibition against remotely notarizing wills and codicils. The bill took effect last week, and lasts only for the duration of the public health emergency and state of emergency declared by the governor in Executive Order 103 of 2020.

Governor enacts COVID-19 response laws following remote voting session

In a remote voting session—the first for the Senate and the second for the Assembly—the Legislature sent a group of bills to the governor addressing the budget, an extension of filing deadlines for tax filings and payments, immunity for healthcare professionals and facilities, and benefits and Medicaid coverage.

COVID-19 Fiscal Mitigation Act

The deadlines for filing gross income tax returns or making payments has been extended to July 15, 2020. The governor signed A-3918 (Pintor Marin)/S-2338 (Sarlo), which also clarifies the timeframes for filing returns and the imposition of penalties or interest, and extends the statute of limitations to assess taxes by 90 days following the conclusion of the state of emergency. The bill also modifies the duration of the state's fiscal year 2020 to conclude on Sept. 30, 2020, and sets the new fiscal year as beginning Oct. 1, 2020, requiring additional spending authorizations to be made through the enactment of general law that amends or provides for a supplemental appropriation to that annual appropriations act. The bill further clarifies that it does not modify municipalities that adopt the state's fiscal year and does not prevent municipalities from converting to a calendar fiscal year.

Healthcare immunity bill protects healthcare professionals and facilities

Healthcare professionals and healthcare facilities and systems will receive immunity from civil and criminal liability for certain malpractice claims alleging injury or death incurred during the public health emergency and state of emergency declared under Executive Order 103. Amended on the floor during the vote, the Legislature approved a preamble explicitly stating the legislative intent of the bill "because of the lack of committee hearings." The bill strives to remove impediments to providing medical treatment in COVID-19-related emergencies, and grants "all medical personnel supporting the COVID-19 response" immunity. The statement makes clear that it is not the intent of the Legislature to "grant immunity to medical services, treatment and procedures that are unrelated to the COVID-19 emergency." Despite this amendment, the bill drew concerns from legislators regarding the impact on communities of color, which are believed to be susceptible to comorbidities that would lead to being given less priority for respirator treatment in favor of individuals without such comorbidities. The bill is retroactive to March 9.

Relaxation of mass layoff severance requirements

Notification regarding mass layoffs was relaxed to exclude layoffs necessary because of "a fire, flood, natural disaster, natural emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs." A-3983 (Quijano)/S-2353 (Cryan) is effective retroactive to March 9, and provides protections for employers from the required notifications during the current public health emergency and state of emergency. In addition to relaxing the notification requirements, it also changes the severance requirements for employers in the case of mass layoffs, or termination or transfer of operations. The bill makes the change to the definition of mass layoff retroactive to March 9 and amends the effective date of the NJ WARN Act regarding severance requirements for employers to the 90th day following the termination of Executive Order 103.

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.