Hazing, Casinos, Sexual Assault Protections and More COVID-19 Bills Highlight Senate Voting Session
The New Jersey Senate approved bills to increase protections for victims of hazing and victims of sexual harassment or assault by certain state officers, employees or members of the Legislature.
June 15, 2020 at 08:10 PM
8 minute read
The Senate on Monday approved bills to increase protections for victims of hazing and victims of sexual harassment or assault by certain state officers, employees or members of the Legislature.
Similar to voting sessions since mid-March, the 40-member upper chamber again addressed victims of COVID-19 and its fallout by passing several relief measures—including a controversial tax deferment bill to help Atlantic City casinos, which remain shuttered due to social-distancing restrictions until possibly reopening July 4 weekend, according to Gov. Phil Murphy.
After getting nominations for two prosecutor positions, tax boards, the board of governors at Rutgers University, among others, out of the way, the Senate advanced about two dozen measures in the two-hour session.
An emergency bill, S-2400, to defer tax payments by Atlantic City's nine casinos, received some debate before getting a 27-4 approval.
S-2400 would enable temporary modifications to the payment and use of certain casino gaming taxes and fees due to the COVID-19 public health emergency and state of emergency. It allows full deduction of promotional gaming credits and certain coupons from gross revenues, and appropriates $100 million in federal funds to the Economic Development Authority for small business assistance.
Those who ended up voting "no" on the bill included Sen. Richard Codey, D-Essex, who said he felt the casinos were again getting industry and regional preferential treatment when small businesses throughout the state were struggling.
"I don't think it's right," said Codey, who had a heated exchange with Senate President Steve Sweeney, D-Gloucester—the prime sponsor of the bill, with Sen. Chris A. Brown, R-Atlantic.
"The state spent millions in a takeover [of Atlantic City] five years ago and where did that get us? Nowhere," Codey said.
Sweeney said the bill goes beyond AC's gambling casinos and adds $100 million to the EDA to help the businesses to which Codey was referring. Sweeney said the deferment aid to casinos was estimated to be about $66 million at most, but would most likely be closer to $35 million to $40 million.
"The goal is to get this industry up and running," Sweeney said, addressing Codey. "Right now it's not contributing much of anything."
S-593, a bipartisan bill that would prohibit a state agency from entering into a nondisclosure agreement with an individual claiming they were sexually assaulted or harassed by a state officer, employee or member of the legislature, sponsored by Sen. James Beach, D-Burlington, and Sen. Kristin Corrado, R-Bergen, cleared the Senate unanimously.
S-593 also bars the use of campaign funds to make a settlement payment to an individual claiming they were sexually assaulted or harassed by a candidate or an employee of a candidate.
"If we are going to create an environment in Trenton where all women feel safe, valued and respected, we must change how we handle claims of sexual assault and harassment," Beach said in a statement after the Senate voted 39-0. "We cannot allow campaign donations to be used to pay off survivors of sexual assault."
"Any attempt to silence women from sharing their experiences is unacceptable and must end," said Corrado in the same release. "This legislation will empower survivors while also preventing the use of campaign funds to bankroll sexual harassment and assault claims."
A-268, the Assembly version of S-593, was introduced and referred to the Assembly State and Local Government Committee on Jan. 14, and has yet to be scheduled for a hearing in that house.
Also Monday, the parents of Timothy Piazza moved another step closer to helping prevent hazing incidents like the one that took their son's life in 2017, as the Senate approved the bill named after him by a 39-0 vote. S-84, Timothy J. Piazza's Law, would upgrade the crime of hazing from a disorderly persons offense to a fourth-degree crime if it causes bodily injury, and to a third-degree crime if it causes serious bodily injury. The bill would also require high schools, universities and student organizations, including fraternities, to take a more active role in preventing and punishing hazing activities.
Timothy Piazza of Readington, Pennsylvania, was a 19-year-old Penn State University student who died after consuming high amounts of alcohol at a fraternity hazing ritual in February 2017.
"No student deserves to go through the ritual humiliation that Timothy Piazza experienced on the night that he died," said Sen. Christopher "Kip" Bateman, R-Somerset, the prime sponsor with Sen. Tom Kean, R-Union. "With the enactment of this bill, hazing will no longer be tolerated in New Jersey's high schools and colleges."
Kean said the bill sends a clear message: "We won't allow this culture of humiliation and violence to continue in New Jersey," said Kean in a statement immediately after the bill's passage. "If you engage in hazing, you will be prosecuted to the fullest extent of the law."
Jim Piazza, Timothy's father, has been traveling to college campuses and appearing before state legislatures with his wife Evelyn. The couple has made it their crusade to change hazing laws at the state and federal levels in honor of their late son. A similar bill became law in Pennsylvania last year with the Piazzas present for the bill signing by Gov. Tom Wolf.
Jim Piazza told the Law Journal that he and Evelyn were gratified by the New Jersey Senate vote Monday.
"We are very appreciative of Sen. Kip Bateman for pushing this bill along and of Sen. Tom Kean for jumping in to provide his support," Piazza said in an email. "I would expect the Assembly would have no issue in passing this bill and no doubt the Governor will sign it when presented to him."
"This law, and others like it, will provide the teeth that will hopefully hold those individuals who ignore the law accountable for their actions," Piazza said. "Better yet, hopefully, it will serve as a deterrent to spare others from a similar fate as our son."
"Unfortunately, we know all too well that hazing can turn deadly and no one should have to put themselves at risk for trying to join an organization," said Piazza. "There should be no question that hazing results in forced or coerced actions."
"When it is found that hazing occurs, we hope that law enforcement will use this law to properly charge individuals and that judges will properly sentence the individuals who engage in it," added Piazza. "Failure to do so will make this law meaningless. … Strong sentences will make a difference. Anything less is passing the buck to the next time it happens."
The Assembly companion bill, A-3149, sponsored by Assemblymembers Carol Murphy, D-Burlington; Louis Greenwald, D-Camden; and Roy Freiman, D-Somerset, has been referred to the Assembly Law and Public Safety Committee and has yet to be scheduled for a hearing.
Also on Monday, bills concerning COVID-19 that passed the Senate include:
• S-2499, which appropriates federal and state funds to implement more than $1 billion in vital environmental infrastructure construction. (Passed 40-0);
• S-2522 would facilitate reopening opportunities for restaurants, bars and breweries to provide outdoor service on property they own such as decks, patios, yards and parking lots during the COVID-19 emergency without having to file an application with local planning or zoning boards. It also would allow licensed establishments to extend their liquor licenses to outdoor spaces without having to make a separate application and pay an additional fee to the Division of Alcoholic Beverage Control. (Passed 38-0);
• S-2518 would allow additional time for high school and middle school athletes to pass sports physicals for the fall season. (Passed 37-0);
• S-2085 would require state contracting units, including state colleges, to use an electronic construction procurement process for public works contracts whenever the project requires public advertisement. (Passed 40-0);
• S-2331 would assist in obtaining benefits for inmates released early from prison due to COVID-19 and reentering society. (Passed 39-0);
• S-2500, would establish the "Local and County Health Department Infectious Disease Preparedness Study Commission" to analyze the general roles and responsibilities of local and county health departments during the pandemic. (Passed 39-0);
• S-2467 would extend the current regulations issued in response to COVID-19 regarding the use of telemedicine and telehealth and expand its use for 90 days after the governor officially ends the emergency. (Passed 40-0);
• S-2476 would allow for certain benefits for surviving dependents of essential workers who die during the pandemic. (Passed 38-0).
• S-2542 would allow municipalities to suspend certain zoning requirements during the COVID-19 state of emergency. (Passed 39-0);
• S-2526, would allow local units and authorities to waive interest and lien enforcement for certain delinquent water and sewer utility payments during emergency circumstances. (Passed 40-0); and
A-741/S-762, would establish NJ Fuel Cell Task Force to increase use of fuel cells in state. Passed 39-0.
Murphy signed S-2526/A-4126 and A-741/S-762 on Friday.
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