3 Big NJ Laws Signed By Gov. Murphy Take Effect On Wednesday

NEW JERSEY - As the state continues to battle the coronavirus pandemic, Gov. Phil Murphy has signed legislation that could impact families across the Garden State as they continue to deal with the effects of the coronavirus pandemic.

From a new budget to expanded family leave and a sales tax reduction on medical marijuana, new laws take effect Wednesday that could have a significant impact on millions of lives in July and beyond.

One of those laws – family leave – got another boost recently when Murphy signed additional legislation (S2374) that expands protections of the Family Leave Act, and allows employees forced to take time off to care for a family member directly impacted – such as suffering from the coronavirus – amid the COVID-19 outbreak. Read more: NJ Coronavirus, Reopen Updates: Here's What You Need To Know

“New Jerseyans should not have to make a decision between caring for a loved one with COVID-19 and keeping their job,” said Murphy. “Our state is already home to the nation’s most comprehensive Family Leave Act, and it’s only right that we expand these protections to meet the unprecedented health crisis we are facing.”

Here's a look at what's taking effect on Wednesday that could impact your life:

New budget

Murphy signed a "bare bones" three-month spending plan into law on Tuesday that includes a series of deep cuts and spending deferrals to help the state meet its most basic obligations through the extended fiscal year.

But during his daily COVID-19 briefing, Murphy was very clear that the measures put in place would not be enough in the long term. Read more: Three-Month 'Bare Bones' NJ State Spending Plan Approved

Family leave

Murphy's law will expand family leave for everyone in the state. Workers will be able to take up to 56 days of intermittent leave within a 12-month period beginning on July 1.

Also, there are no more waiting period for family leaves starting on or after July 1.

Murphy noted that New Jersey enacted a paid family leave program in 2008, but the new law significantly expands that program to provide additional job protections for those who miss work because of caring for a newborn child or a sick loved one.

"No one should ever be forced to choose between caring for a family member and earning a paycheck," said Murphy. "By providing the most expansive paid family leave time and benefits in the nation, we are ensuring that New Jerseyans no longer have to face such a decision and that working families are treated with the respect and dignity they deserve."

The bill, A3975, changes New Jersey's paid family leave program in a number of ways, including the following:

• Doubling the number of weeks for Family Leave Insurance (FLI) and Temporary Disability Insurance (TDI): Employees can take up to 12 consecutive weeks of paid family leave or temporary disability insurance during any 12-month period, beginning in July 2020. Currently, employees are only able to take up to 6 weeks of FLI or TDI in a 12-month period.
• Increasing the weekly benefit: Individuals can now receive 85 percent of their weekly wage, with the maximum possible benefit going up to 70 percent of the statewide average weekly wage. Using data from this year, the maximum possible benefit would go up from $650 a week to $860 a week under this law.
• Increasing intermittent leave from 42 days to 56 days.
• Anti-retaliation provisions: Employers with over 30 employees will be barred from retaliating or discriminating against an employee because they took family leave.
• Expanding individuals eligible to take paid family leave: The legislation expands paid family leave to include caring for siblings, in-laws, grandparents, grandchildren, other blood relatives, and any other individuals who can be shown to have the equivalent of a family relationship.
• Including domestic and sexual violence: The bill explicitly allows family temporary disability leave to be taken for medical attention, counseling, or legal assistance or proceedings arising out of domestic violence or sexual violence. A person can take family leave under this provision if they themselves were the victim of domestic or sexual violence, or if they need to care for a family member who was such a victim.

In April, Murphy signed legislation that says employees will also be eligible for leave to care for a family member as a result of an epidemic of a communicable disease – such as the coronavirus – or their efforts to prevent spread of the disease.

These job protections will extend to employees requiring leave to provide care or treatment for their child if the their school or place of care is closed in response to a public health emergency.

Medical marijuana sales tax reduction

Murphy recently signed legislation designed to make medical marijuana more accessible to patients who could benefit from it. Beginning on July 1, the current 6.625 percent tax rate imposed on sales of medical marijuana will be reduced. The schedule for the phase out is as follows:

• 4 percent on sales made between July 1, 2020, and June 30, 2021
• 2 percent on sales made between July 1, 2021, and June 30, 2022
• 0 percent on sales made on and after July 1, 2022

The measure, now known as the Jake Honig Compassionate Use Medical Marijuana Act, was sponsored by Assembly Democrats, Joann Downey, Joseph Danielsen, Eliana Pintor Marin, Andrew Zwicker, Eric Houghtaling and Carol Murphy.

The bill was named after Jake Honig, a 7-year old Howell resident nicknamed "Jake the Tank" who was diagnosed with a rare and aggressive from of brain cancer with a rare genetic mutation at the age of 2. After undergoing dozens of rounds of chemotherapy, proton radiation therapy, and surgery, his tumor went into remission for four years, until follow-up scans determined that the tumor had returned and spread to other parts of his body.

Jake was prescribed six different medications to treat his side effects which included nausea, vomiting, agitation and acid reflux, lawmakers said. Medical marijuana proved to be the most effective way of making Jake more comfortable. It helped to improve his mood, appetite and restore his mental well-being, lawmakers said.

The law expands access to medical marijuana for patients with any diagnosed medical condition, requires issuance of additional dispensary permits and revises certain requirements concerning patients and primary caregivers.

The authorization period will also be extended from 90 days to a year, and edible forms of marijuana will become more available.

Delivery service fees (took effect on June 25th)

Murphy signed legislation (S2437) last week that places limits on service fees charged to restaurants by third-party delivery applications and websites during state of emergencies declared by the governor in response to COVID-19.

The legislation prohibits third-party food takeout and delivery service applications and websites from charging service fees greater than 20 percent of the cost of the individual order.

The law also prohibits fees greater than 10 percent of the cost of the individual order, when the order is delivered by an employee of the restaurant or an independent contractor.

The limits are in effect during a state of emergency and until the first day of the third month following any state of emergency declared by the governor in response to COVID-19.

The legislation provides much needed relief to restaurants across New Jersey that have faced excessive fees while being limited to takeout and delivery service, Murphy said.

.“By following public health guidelines, restaurants across New Jersey have contributed to flattening the curve and to the enormous progress we have made against COVID-19,” said Murphy. “Through this legislation, now law, dining establishments throughout our state will receive much needed relief from excessive service fees if public health necessitates the return of dine-in restrictions.”

Murphy also recently signed other legislation into law:

• S-1055/A-3659 (Stack/Mukherji, Vainieri Huttle) - Permits qualified municipalities to prohibit conversion of affordable residential rental units to certain forms of ownership housing.
• S-2383/A-4142 (Sarlo, Ruiz, Sweeney, Oroho/Lampitt, Jasey, Vainieri Huttle) - Requires Commissioner of Education to establish three-year "Bridge Year Pilot Program" for certain students who were impacted by public health state of emergency caused by coronavirus disease 2019.
• A-741/S-762 (Johnson, Conaway, Zwicker/Gopal, Lagana) - Establishes NJ Fuel Cell Task Force to increase use of fuel cells in State.
• A-4126/S-2526 (Egan, Pinkin/Greenstein, Cruz-Perez) - Permits local units and authorities to waive interest and lien enforcement for certain delinquent water and sewer utility payments during emergency circumstances.
• S-1990/A-2963 (Weinberg, Lagana/Johnson, Tully, Swain) - Allows member of Board of Public Utilities to serve in unsalaried State government office.
• A-4131/S-2479 (Karabinchak, McKnight, Vainieri Huttle/Sweeney) - Requires DOH to establish sanitization guidelines for hotels operating in State.
• A-3942/S-2394 (Mukherji, Vainieri Huttle, Pintor Marin/Greenstein, Stack) - Requires hospital to permit individual to accompany woman during childbirth.
• A-3969/S-2392 (Danielsen, Mukherji, Verrelli/Sarlo) - Allows extension of certain local government timeframes; allows local governments to accept certain payments; allows local governments to conduct certain meetings remotely; adjusts certain property tax distribution and notice requirements.
• S-2344/A-3970 (Pou, Singer, Vitale/Reynolds-Jackson, Quijano, Zwicker) - Requires Medicaid and health insurance coverage for certain refills of prescription drugs during state of emergency.