As New Jersey reopens, Legislature contemplates post-closure bills

Last week, Governor Phil Murphy lifted the shelter-in-place order, effective June 9, which restricted travel and shut down businesses throughout the state. He also loosened the restrictions on indoor and outdoor gatherings, increasing the allowable numbers for such events.

But many questions still remain as to what impact his most recent Executive Orders 152 and 153 will have on New Jersey's Road Back Plan, which provides for a "methodical and strategic reopening of businesses and activities." Among other things, the orders increase the allowable number of individuals at indoor gatherings to 50 and outdoor gatherings to 100. They also allow for the reopening of outdoor spaces at recreational and entertainment businesses, provided they adopt policies encompassing, among other things, mandated infection control practices, frequent breaks for employees for hand washing, occupancy limits in restrooms, and worker notifications of COVID-19 exposures.

In the Judiciary, the Supreme Court approved a plan that transitions from fully remote operations to the gradual return to courthouses and court facilities.

The New Jersey Court's Post-Pandemic Plan contains a two-phased plan that outlines precautions being implemented before buildings will open for in-person meetings. Phase 2 of the plan is anticipated to list court events that will continue to be conducted remotely and those that will resume in person. The plan can be found attached to the Notice to the Bar dated June 10, on the Judiciary's website, at njcourts.gov.

In the Legislature, plans have not yet been set out to reopen the State House; however, virtual committee meetings were held to receive testimony on key COVID-19 bills.

A-4170 (Zwicker)/S-2539 (Greenstein) restricts use of certain data collected for the purposes of contact tracing related to the COVID-19 pandemic.

The Assembly Community Development and Affairs and Assembly Science, Innovation and Technology committees held a joint hearing to receive testimony from invited guests concerning the contact tracing bill. Questions explored included how to receive the data and storage and privacy issues related to data collection.

The legislation mandates that any contact tracing during the COVID-19 pandemic can only be used for that specific purpose, and that data must be deleted 30 days after it is received. It would also require the same level of protection for contact tracing data shared by public health entities with a third party. The commissioner of health would also be required to publish guidance online regarding how collected data may be used and how its security and confidentiality must be ensured.

A-3998 (Benson)/S-2476 (Singleton) focuses on workers' compensation supplemental benefits.

The Senate Budget and Appropriations Committee considered the bill, which provides supplemental benefit payments to the dependents of essential employees who died in the course of employment as a result of COVID-19.

The bill provides a cost-of-living adjustment to the spouse or dependent's workers' compensation death benefit if the employee dies from the coronavirus. Under the bill, an essential employee is defined as an employee in the public or private sector who, during a state of emergency, is a public safety worker or first responder; is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services; performs functions that involve physical proximity to members of the public and are essential to the public's health, safety and welfare; or is deemed an essential employee by the public authority declaring the state of emergency. The bill was voted out of committee and heads to the Senate for a vote this week.

Both bills are being monitored by the New Jersey State Bar Association.

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.