Gov. Murphy Vetoes Coronavirus Bill, Signs 7 Others Into NJ Law

NEW JERSEY — Gov. Phil Murphy vetoed a bill on Monday that was supposed to help nursing home workers amid the coronavirus crisis. He also signed seven others and vetoed two more.

Murphy vetoed a bill that would require New Jersey to provide additional payments to long-term care facility staff who are providing direct-care services to patients during the coronavirus crisis.

The signing comes as New Jersey on Tuesday announced its highest daily case total since April — 3,877 — and the state's highest death toll since July: 21. Read more: Gov. Murphy: NJ COVID-19 Numbers Going 'In Wrong Direction'

"These numbers are devastating," Murphy said. "We are still in the midst of a pandemic. Wear a mask. Social distance. Stay safe."

Murphy said he commends the bill’s sponsors for recognizing the "significant burden that our long-term-care workforce has shouldered over the past eight months."

"These workers have been serving on the frontlines of the pandemic, often risking their own health and the health of their families in order to protect our most vulnerable residents," he said. "I certainly share the sponsors’ commitment to ensuring that the workforce receives the support it needs during this unprecedented public health crisis."

Murphy, however, said the administration recently instituted measures to ensure that direct-care providers at long-term care facilities are appropriately compensated for the critical care they provide.

The governor noted that he signed a bill into law in September that requires direct-care workers employed by long-term health care facilities to receive wages that are at least $3 higher than the state’s minimum wage.

"Importantly, (that) new law is not linked to the current pandemic; it enhances this workforce’s hourly compensation for the duration of the public health emergency and beyond," he said.

Additionally, the Fiscal Year 2021 budget contains a $78 million appropriation to increase front-line certified nurse aide wages in nursing facilities, he said.

However, "I am unable to support the present bill," he said about his veto. "The payment and grant programs would divert limited federal COVID-19 funding without regard for other immediate needs and could also limit the flexibility to shape COVID-19 programs that comply with federal standards for use of such funding."

Democrats pushed for the legislation as part of a package of bills targeted toward helping the long-term care community, where thousands of New Jersey's fatalities have occurred.

"COVID-19 has taken an immense toll on our long-term care community," said Sen. Joseph Vitale, D-Middlesex, chair of the Senate Health, Human Services and Senior Citizens Committee. “This legislation is a combination of Manatt Health’s recommendations and the committee’s extensive discussions with stakeholders and concerned residents. This community is comprised of some of our state’s most vulnerable residents — we can and must do better for them than we did at the onset of this pandemic.”

Murphy also signed legislation to give greater flexibility to nonprofit organizations unable to fulfill the terms and conditions of their public contracts or agreements.

The new law allows state agencies to provide waivers of contract penalties and to modify contract terms in the event a nonprofit is unable to perform as a result of the public health and state of emergency declarations.

The governor also signed Senate Republican Leader Tom Kean’s bill requiring that data collection concerning the state’s criminal justice system is conducted in a consistent and uniform manner, and is easily accessible to the public.

The new law requires the Office of Attorney General to collect, record and analyze criminal justice data, including demographic statistics.

“Justice is the cornerstone of American democracy, and all New Jersey residents deserve equal protection under the law,” said Kean (R-Union). “This will help elected officials and the public better evaluate how the law is being applied and enforced in New Jersey. It is imperative that we identify underlying issues within the system and find solutions as part of a concerted effort to assure that justice in New Jersey is blind and fair.”

Under the bill (A-1076/S-2638), the Office of Attorney General — in consultation with the Division of State Police, county prosecutors’ offices, Administrative Office of the Courts, and Department of Corrections — will establish a program to collect, record and analyze data regarding defendants in the state who are 18 or older when an alleged offense was committed.

Murphy signed the following bills into law:

• A-1076/S-2638 (Speight, McKnight, Timberlake/T. Kean, Gill) - Requires AG to collect, record, analyze, and report certain prosecutorial and criminal justice data.
• A-3996/S-2451 (Lopez, McKnight, Karabinchak/Ruiz, Vitale) - Permits modification of scope of work or terms and conditions of contract between nonprofit organizations and State agencies for failure to perform due to COVID-19 pandemic.
• A-2355/S-1974 (Dancer, Houghtaling, Vainieri Huttle/Gopal, Oroho) – Allows state residents who are outside of New Jersey to place wagers on horse races using account wagering system.
• A-4809/S-3007 (Pintor Marin, Sumter, DiMaso/Sarlo, Singleton) - Revises, clarifies, corrects, and simplifies various aspects of CBT.
• A-3914/S-2376 (Taliaferro, Moen, Vainieri Huttle/Greenstein, A.M. Bucco) – Provides for employment, retention, and benefits during public health hazard posed by coronavirus disease 2019 (COVID-19) of certain public employees.
• A-4134/S-2722 (Downey, Houghtaling, Verrelli/Scutari, Singleton) – Concerns workers’ compensation; revises effective date of P.L.2019, c.387 to clarify that law applies to cases pending, but not yet settled, or filed on or after date of enactment; increases burial expense allowance.
• S-2913/A-4654 (Sweeney/Burzichelli) – Permits state agency to completely or partially terminate contract concerning marine terminal or attendant real property to serve important public purpose.

Murphy conditionally vetoed the following bills:

• S-2362/A-3957 (Singleton, Addiego/Wimberly, Vainieri Huttle, Sumter) - Makes FY 2020 supplemental Grants-in-Aid appropriation of $5 million to DCA for NJSHARES - S.M.A.R.T. Program. Copy of Statement
• S-2419/A-3143 (Scutari/Kennedy) - Concerns local government regulation of installation, maintenance and repair of perimeter fence intrusion protection systems, other alarm systems, and locksmithing services. Copy of Statement

Murphy absolute vetoed the following bill:

• S-2788/A-4479 (Ruiz, Pou/Vainieri Huttle, Greenwald, Jasey) - Provides supplemental payments to long-term care facility staff providing direct-care services during COVID-19 pandemic. Copy of Statement