Gibbons Law Alert

Gibbons Law Alert

Category: State Government

“We’re from Jersey, Baby!” Governor Murphy Delivers the 2025 State of the State Address

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Posted in State Government

On January 15, 2025

Yesterday afternoon, Governor Phil Murphy delivered his seventh State of the State address at a joint session of the New Jersey Legislature. This address re-invoked the “stronger and fairer” New Jersey theme that marked Governor Murphy’s first term, imbued with the subtext of innovation. During the address, the Governor looked back at some of the events that have occurred while he has been in office, including a global pandemic, record high inflation, and the outbreak of two international conflicts. He also highlighted the State’s accomplishments as the “medicine chest to the world,” its growing entertainment and film industry, and its winning bid to host the 2026 FIFA World Cup Final. In all, Governor Murphy presented a broad scope of issues his administration seeks to work on during his final year in office. Those priorities include affordability and economic opportunity; childcare and education; healthcare and reproductive rights; transportation and infrastructure; the environment; the protection of fundamental rights; and criminal justice reform. Affordability and Economic Opportunity The Governor acknowledged the rising cost of living and efforts to make New Jersey more affordable. He highlighted programs such as ANCHOR (geared toward property tax relief) and RetireReady NJ (a publicly run retirement savings program), as well as a higher minimum wage rate that has nearly doubled since he took...

Two Major Updates for New Jersey Alcoholic Beverage License Holders on Outdoor Dining Rules and New Mandatory Signage for Businesses

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Posted in State Government

On November 26, 2024

Just in time for the Thanksgiving holiday, New Jersey has taken action on two items that impact the operations of alcoholic beverage licensees. The first action codifies the COVID-era outdoor dining and beverage service rules in statute, while the second requires certain alcoholic beverage licensees to post signs that bring awareness to the risks of human trafficking. Renewal of Outdoor Dining and Beverage Service Permits Governor Murphy signed S3608/A4866 into law on November 25, 2024, making permanent the COVID-era outdoor dining permissions for restaurants and certain alcoholic beverage retailers and manufacturers. Under the new law, the holder of a temporary expansion permit issued by the New Jersey Division of Alcoholic Beverage Control (the “Division”) may have its temporary permit converted to an annual permit, which is renewable with the approval of local officials. Owners and operators of these businesses are permitted to use certain outdoor spaces as an extension of their business premises for the purpose of conducting sales of food and beverages, including alcoholic beverages if licensed. This includes the continued use of fixtures such as covered and uncovered patios and decks, tents, canopies, umbrellas, tables, and chairs for outdoor dining. The enactment of S3608/A-4866 brings to a close four years of temporary outdoor dining rules. Governor Murphy originally signed legislation to expand outdoor dining...

Governor Murphy Proposes FY 2025 Budget Centered on Opportunity, Affordability, and Shared Responsibility in New Jersey

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Posted in State Budget / State Government

On February 28, 2024

Yesterday afternoon, Governor Murphy presented his State FY 2025 Budget to a joint session of the Legislature in Trenton, New Jersey. The proposed budget totals $55.9 billion, keeping total spending growth below 1 percent from the FY 2024 adjusted appropriations ($55.43 billion). It includes a $6 billion surplus. The proposal does not include any new taxes but does include a new 2.5 percent corporate transit fee that will apply to many of the large businesses operating in New Jersey and other smaller revenue raisers (discussed below). The Governor’s budget address was centered around themes of opportunity and affordability. The budget proposal stressed that opportunity is available to all who call New Jersey home and those who may be newcomers to the State. Affordability/Property Tax Relief Governor Murphy addressed rising costs, supply chain snarls, and inflation in his address. The proposed budget aims to improve affordability in the State by addressing property taxes and increasing access to housing. The budget proposal includes $3.5 billion dollars directed toward property tax relief through programs such as the Affordable New Jersey Communities for Homeowners and Renters (ANCHOR) Property Tax Relief Program, which provides property tax rebates to both homeowners and tenants, and the Senior Freeze Program, which provides property tax relief to seniors and differently abled New Jerseyans. The...

A Look Ahead: The 221st Legislature and State of the State Address

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Posted in State Government / State Legislation

On January 10, 2024

On Tuesday, the 221st Legislature commenced in Trenton. The Senate welcomed 10 new Senators to the chamber, namely: Sen. Carmen Amato, Jr. (LD9); Sen. John Burzichelli (LD3); Sen. Owen Henry (LD12); Sen. John McKeon (LD27); Sen. Angela McKnight (LD31); Sen. Paul Moriarty (LD4); Sen. Raj Mukherji (LD32); Sen. Parker Space (LD24); Sen. Britnee Timberlake (LD34); and Sen. Latham Tiver (LD8). Senators McKeon, McKnight, Moriarty, Mukherji, Space, and Timberlake each moved over to the Senate after serving in the General Assembly during the last session. Sen. Nick Scutari, of Union County, was elected to continue as Senate President, and Sen. M. Teresa Ruiz, of Essex County, will continue as the Senate Majority Leader. Sen. Shirley Turner, of Mercer County, has been named President Pro Tempore, a position she previously held twice, and Sen. Anthony Bucco, of Morris County, will continue as the Senate Minority Leader.

Governor Murphy Presents His Fiscal Year 2023 Budget

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Posted in State Government

On March 9, 2022

Governor Murphy presented his Fiscal Year (FY) 2023 Budget to a joint session of the State Legislature in a live address for the first time since February 2020. The proposed budget totals $48.9 billion – a $2.5 billion increase over the FY 2022 budget – and includes a $4.2 billion surplus, which is nearly double the surplus included in last year’s budget. The proposal does not include any new taxes or fees. In fact, the Governor’s spending plan includes a one-year fee holiday to waive fees typically assessed for driver’s license renewals, marriage licenses, state park entry, and license fee applications or renewals for roughly 130,000 professionals across the health care spectrum. The Governor themed his budget address around one word: Affordability. This became a key issue in the 2021 gubernatorial and legislative election, and is something both the Governor and legislative leaders identified as their priority for the current legislative session. The budget proposal looks to improve affordability in the State by addressing property taxes and access to housing. It appropriates $900 million for the Affordable New Jersey Communities for Homeowners and Renters (ANCHOR) Property Tax Relief Program, which proposes to provide property tax rebates to both homeowners and tenants. Additionally, the Governor’s budget allocates $300 million to the Affordable Housing Protection Fund to...

Governor Murphy Signs Executive Order to Prevent State Resources from Supporting the Russian Government

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Posted in State Government

On March 3, 2022

Governor Murphy signed Executive Order 291 (“EO 291”) on March 2, 2022, which requires all state agencies to review their authority to suspend or revoke licenses, permits, registrations, and certifications of businesses that invest directly in companies owned or controlled by the governments of Russia, Belarus, or their instrumentalities, and businesses that invest directly in such companies. EO 291 also directs all relevant State agencies to undertake a review of the State’s ability to boycott or halt the import or purchase of products or services provided from Russia or Belarus. EO 291 is broad-reaching in its scope and includes: Boycotting or halting the import or purchase of any products or services provided from the Russian Federation or Belarus, including, but not limited to, food products, energy products, clothing products, jewelry, and liquor or other alcoholic beverages made in the Russian Federation or Belarus. Reviewing all relevant State contracts to determine if any are with companies owned or controlled by the governments of Russia, Belarus, or their instrumentalities, or businesses that invest directly in such companies, directly or as subcontractors. Requiring the New Jersey Department of Banking and Insurance to issue bulletins or directives to regulated entities requiring them to fully comply with United States sanctions on the Russian Federation and Belarus, as well as with...

A Look at the 220th Legislature and Annual State of the State Address

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Posted in State Government

On January 14, 2022

On January 11, 2022, New Jersey began a new legislative session marked by the Legislature’s reorganization and the Governor’s State of the State Address. Legislative Reorganization Democrats retained control of both houses, albeit with much smaller margins after Republicans managed to win back several seats in the November elections. Democrats now hold a 24 to 16 majority in the Senate and a 46 to 34 majority in the General Assembly. The Senate has new leadership for the first time in twelve years, with Senator Nicholas Scutari of Union County being sworn in as the Senate President and Senator Teresa Ruiz of Essex County becoming the Senate Majority Leader. Senator Sandra Cunningham of Hudson County remains the Senate President Pro Tempore. Senator Steven Oroho of Sussex County is now the Republican Leader, replacing Tom Kean, Jr., who did not run for reelection in order to focus on his campaign for the 7th Congressional District. The Senate also welcomed five new members. Senators Jon Bramnick (R-21), Gordon Johnson (D-37), Jean Stanfield (R-8), and Andrew Zwicker (D-16) all previously served in the General Assembly. Senator Ed Durr (R-3) has not previously held elective office. In the Assembly, Craig Coughlin of Middlesex County and Louis Greenwald of Camden County will continue as Speaker and Majority Leader, respectively, for another...

Governor Murphy Issues Executive Order Creating Mandatory Health and Safety Requirements at Businesses

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Posted in State Government

On October 29, 2020

Governor Murphy’s Executive Order 192, issued on October 28, 2020 (the “Order”), requires every business, nonprofit, and governmental or educational entity in the State “that requires or permits its workforce…to be physically present at a worksite” to follow a uniform set of public health measures to slow the spread of COVID-19. The Order becomes effective at 6:00 a.m. on November 5, 2020. The Order mandates ten specific actions that businesses must take: Enable employees to remain at least six feet apart at all times. When employees cannot maintain this distance, businesses must require employees to wear face masks and shall install physical barriers between workstations wherever possible. Require that employees, customers, visitors, and other people entering the worksite wear cloth or disposable face masks while on the premises, in accordance with Centers for Disease Control and Prevention (CDC) recommendations. The only exceptions to this directive are for individuals under two years of age or where it is impracticable for a person to wear a face mask, such as when the individual is eating or drinking or where a service being provided by the employer cannot be performed on someone wearing a mask. Businesses must make face masks available, at the businesses’ expense, to their employees. Businesses may permit employees to remove face masks when the...

Highlights from the Swearing-In of the 219th Legislature and Governor’s State of the State Address

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Posted in State Government

On January 15, 2020

The 219th Session of the New Jersey Legislature started on January 14, 2020 with the reorganization of the Legislature and the Governor’s State of the State Address. Legislative Reorganization The General Assembly welcomed seven new members, with Democrats still retaining a significant 52-28 majority. Speaker Craig Coughlin (D-19) retained his post for another two-year term, as did Majority Leader Louis Greenwald (D-6) and Minority Leader John Bramnick (R-21). The State Senate is also controlled by the Democratic Party with a 25-15 majority. Senate President Steve Sweeney (D-3) became the longest-serving Senate President in New Jersey history, starting his sixth term as leader of the Senate. Senator Tom Kean (R-21) returns as Senate Minority Leader for another term. In their respective speeches, legislative leaders struck similar messages of unity, compromise, and improving the quality of life for all residents. Senate President Sweeney focused on school funding, higher education, water quality, and the need for improvements to New Jersey Transit. Speaker Coughlin and Majority Leader Greenwald highlighted their priorities which included water quality, as well as tax reform and affordability, behavioral health, and food insecurity. Assembly Republican Leader Bramnick took a different approach and specifically addressed cooperation, and condemned hate and violence at all levels. He did, however, put forth a proposal to cap legislative spending increases...

Budget Matters, Incentives, and Cannabis Will Be This Summer’s Hot Topics in Trenton

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Posted in State Government

On July 9, 2019

The Summer is here and the halls of the Legislature are quiet, but three topics that controlled much of the debate in Trenton this year are expected to drag into the Fall: the state budget, economic incentives, and cannabis. Fiscal Year 2020 Governor Murphy signed the Fiscal Year 2020 budget on June 30, avoiding a government shutdown, but not ending the debate on taxes and spending. After the Legislature sent the Governor a budget that did not include a millionaire’s tax, corporate responsibility fee, and tax on opioid manufacturers, the Governor line-item vetoed several appropriations and signed an Executive Order authorizing the State Treasury to place in reserve approximately $235 million in state appropriations. In 2016,Governor Christie took similar action when his Administration froze approximately $100 million in spending as the state health benefit plan design committees considered cost reductions. Prior to the July 4th holiday, the Murphy Administration announced the full list of spending items placed in reserve. The funds will only be released after the Treasurer certifies that certain revenue objectives are met, meaning this issue will linger for several months. Economic Incentives Also on June 30, the State’s two main economic incentive programs, the Grow NJ Assistance Program (GROWNJ) and the Economic and Redevelopment Growth Grant (ERGG) Program, expired and new applications...

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