The Town Crier - Legislative Backgrounder

Yesterday the Assembly and Senate passed A-5820/S-3866, which will expire all COVID-19 Executive Orders 30 days after the Governor Murphy signs the bill with limited exceptions. We anticipate the Governor to sign this bill very shortly.

The following Executive Orders are exempted from the 30-day expiration date and will remain in effect until January 1, 2022:

• Executive Order No. 106: Moratorium on removals of individuals due to evictions or foreclosures.
• Executive Order No. 111: Requiring health care facilities to report data, Including PPE inventory and bed capacity, on a daily basis
• Executive Order No. 112: Removing barriers to Health Care Professionals joining New Jersey's COVID-19 Response and provide protections for front line health care responders.
• Executive Order No. 123: Extending insurance premium grace periods.
• Executive Order No. 127: Extending certain deadlines associated with rulemaking.
• Executive Order No. 150: Outdoor dining protocols and process to expand premises for liquor license holders.
• Executive Order No. 159, Executive Order No. 170, and Executive Order No. 178: Extending certain statutory deadlines across State Government.
• Executive Order No. 207: Enrolling residents who choose to receive a COVID-19 vaccine in the New Jersey Immunization Information System.
• Executive Order No. 229: Extending utility shutoff moratorium through June 30, 2021.
• Executive Order No. 233: Provides all stimulus payments issued to New Jerseyans under the American Rescue Plan Act to be exempt from, and will not be subject to, garnishment by private creditors and debt collectors.
• Executive Order No. 237: Permitting summer youth overnight and day camps for the 2021 season.
• Most recent executive order in effect containing general COVID-19 mitigation measures regarding face coverings, social distancing, and gatherings. The executive order cannot be more restrictive than the recommendations of the Centers for Disease Control and Prevention guidelines. Unless there is a substantial increase in hospitalizations, spot positivity, or rate of transmission above 1 necessitates a modification that would be more restrictive.

The Governor will have the ability to revoke or modify any of the executive orders listed above prior to January 1, 2022.

Under the legislation any civil or criminal immunity related to the COVID-19 response bestowed by either Executive Order No. 112, P.L.2020, c.18, or Department of Health Executive Directive No. 20-006 (Revised) issued December 16, 2020 upon health care professionals, health care facilities, health care systems, modular field treatment facilities, and any other sites designated by the Commissioner of the Department of Health for temporary use in connection with the State’s COVID-19 response, including hotels and student dormitories will expire on September 1, 2021. Conduct occurring prior to September 1, 2021 by health care professionals, health care facilities, or health care systems will retain the Department of Health Executive Directive No. 20-006 (Revised) issued December 16, 2020 civil or criminal immunity provided by Executive Order No. 112, P.L.2020, c.18, or Department of Health Executive Directive No. 20-006 (Revised) as issued December 16, 2020. Civil immunity will continue beyond September 1, 2021 only for individuals specifically engaged in vaccinations or testing related to COVID-19.

Any administrative order, directive, or waiver issued under the public health emergency will expire on January 11, 2022. They may continue and may be modified between the effective date of the bill and January 11, 2022. If the Governor determines that any administrative order, directive, or waiver must be extended past  the January 11 deadline, the Governor must notify the Legislature by January 1, 2022. At such time they may be extended for additional 90 days.

Any administrative order, directive, or waiver issued by the Department of Health regarding staffing ratios, overtime, shifts, and vacation time will remain in force until September 1, 2021.

Following the termination of the public health emergency, the Governor, Commissioner of Health, and any other State agency head may issue orders, directives, and waivers related to the vaccination distribution, administration, and management; COVID-19 testing; health resource and personnel allocation; data collection, retention, sharing, and access; coordination of local health departments; and implementation of any applicable recommendations of the Centers for Disease Control and Prevention to prevent or limit the transmission of COVID-19, including in specific settings. This authority can continue to January 11, 2022 unless the Governor notifies the legislature by January 1, 2022 that additional 90 days are necessary.

The bill would take effect immediately.


Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.