7 New NJ Laws That May Change Your Life In 2020

NEW JERSEY - With a new year comes new laws. New Jersey had what may have been a landmark year in terms of legislating in 2019, whether you liked it or not.

From expanded family leave to legalizing end-of-life decisions, New Jersey has seven new laws that should have a dramatic impact on millions of lives in 2020. Some of the new laws in Gov. Phil Murphy's third year will take dramatic steps away from the more conservative policies of the Christie administration.

These legislative accomplishments came as the Murphy administration also had some failures, particularly its efforts to get the state Legislature to legalize marijuana.

The legislature, with Murphy's support, did agree to put the issue to public vote in November 2020. Read more: NJ Lawmakers Pass Big Marijuana, Vaccine, Driver's License Bills

Here's a look at the seven new laws taking hold in 2020 that could impact your life:

Family leave

Murphy signed a bill into law that will expand family leave for everyone in the state.

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: Workers will be able to take up to 56 days of intermittent leave within a 12-month period, beginning in July 2020.
• 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 newly signed 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. An individual 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.

"This comprehensive paid family leave program, coupled with the newly passed earned sick leave and minimum wage increase, are fundamental elements in building a stronger and fairer New Jersey for all working families," Murphy said.

Right-to-die law

The law, which was sponsored by Democratic Assemblyman John Burzichelli and Senator Nick Scutari, made New Jersey the eighth state to allow such end-of-life decisions with the assistance of medical professionals.

Here's what the legislation does:

• The "Medical Aid in Dying for the Terminally Ill Act" permits terminally ill, adult patients residing in New Jersey to obtain and self-administer medication to end their lives peacefully and humanely, Murphy said.
• A patient's attending and consulting physicians must determine that the patient has a life expectancy of six months or less, has the capacity to make health care decisions, and is acting voluntarily, in order for the patient to obtain the medication, according to the Murphy administration.
• The bill defines a "terminal disease" as an irreversible illness that has been medically confirmed and will result in a patient's death within six months.
• It will cover: an adult resident of New Jersey who is capable and has been determined by the patient's attending physician and consulting physician to be suffering from a terminal disease, and has voluntarily expressed a wish to die.
• The bill will require patients suffering from a terminal disease to first verbally request a prescription from their attending physician, followed by a second verbal request at least 15 days later.
• The attending physician will have to offer the patient a chance to rescind the request.
• A consulting physician will then be called upon to certify the original diagnosis and reaffirm the patient is capable of making a decision.
• It will also require one request in writing signed by two witnesses. A valid request for medication must be signed and dated by the patient and witnessed by at least two individuals who, in the patient's presence, attest that the patient is capable and is acting voluntarily to sign the request.
• Only the patient will be permitted to administer the drug to themselves. At least one of the witnesses must be a person who is not: 1) a relative of the patient; 2) entitled to any portion of the estate of the patient; 3) an owner, operator, or employee of a health care facility where the patient is receiving treatment, or 4) the patient's physician.
• The law requires that the patient's attending physician recommend that the patient participate in a consultation concerning additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options, and provide the patient with a referral to a health care professional qualified to discuss these options.
• The attending physician will be required to document the recommendation in the patient's medical record, and indicate whether the patient chose to participate in the consultation, and whether the patient is receiving palliative, comfort or hospice care.

Medical marijuana

Murphy signed legislation designed to make medical marijuana more accessible to patients who could benefit from it.

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 bill (A-10), expands access to medical marijuana for patients with any diagnosed medical condition, requires issuance of additional dispensary permits, revises certain requirements concerning patients and primary caregivers as well as requirements for physicians to authorize qualifying patients and improves the application, ownership and operational requirements for alternative treatment centers.

The authorization period will also be extended from 90 days to a year, and edible forms of marijuana will become more available. The sales tax of medical marijuana is also being phased out, Murphy said.

Here's what the law will change:

• Raising the monthly limit from two ounces to three ounces: Formerly, medical marijuana patients were limited to receiving two ounces in a 30-day period. The bill raises the limit to three ounces for 18 months, and after that time elapses, the maximum amount will be determined by regulation. Additionally, terminally ill and hospice care patients will not be subject to any monthly limit, effective immediately.
• Extending the authorization period from 90 days to one year: Formerly, patients could only be authorized by a physician to receive up to a 90-day supply and must be re-certified every three months. The bill changes this requirement and authorizes health care practitioners to issue up to a one-year supply, which will help reduce the frequency of these visits and decrease costs for patients.
• Edibles for adults in addition to minors: Under the prior law, edibles were only authorized for patients who are minors. This bill allows edibles to be dispensed to adult patients as well.
• Phase-out of sales tax: Unlike most forms of medicine, medical marijuana was subject to the sales tax. The bill phases out the sales tax over three years. It goes down to 4 percent in July 2020, 2 percent in July 2021, and is eliminated entirely in July 2022.
• Allowing physician assistants and advanced practice nurses to authorize medical marijuana: Under the prior law, only physicians could authorize the use of medical marijuana for patients. This bill allows physician assistants and advanced practice nurses to also authorize medical marijuana treatments, making medical marijuana more accessible to patients.
• Employment protections for patients: The bill prohibits employers from taking adverse employment actions against employees solely based on their status as medical marijuana patients. The bill clarifies that nothing in the law requires employers to allow the consumption of medical marijuana during work hours or do anything that could result in the loss of federal funding.
• Multiple caregivers per patient: The bill authorizes patients to have two designated caregivers at once. Designated caregivers can obtain medical marijuana for a patient.
• Reciprocity with other states' medical marijuana programs: Individuals who are registered as qualifying patients in other states can be considered qualifying patients in New Jersey for a period of up to six months. During that time, they can possess and use medical marijuana, and can obtain medical marijuana if they get authorization from a health care practitioner in New Jersey based on a qualifying condition.
• Price lists for dispensaries: Dispensaries will be required to post on their websites a price list that applies to all medical marijuana products and cannot deviate from those prices. These price lists cannot be revised more than once a month. Transparency around pricing will promote competition and help lower prices for patients.
• Home delivery: The bill authorizes the adoption of regulations to enable dispensaries to deliver medical marijuana to patients, which will improve patient access.
• Creation of a Cannabis Regulatory Commission: The bill creates a Cannabis Regulatory Commission in but not of the Department of the Treasury to assume responsibility over the medical marijuana program. The commission consists of five members appointed by the Governor, with one each upon the recommendation of the Senate President and the Speaker. The initial three appointments made solely by the Governor are direct appointments serving terms of three, four, and five years, and subsequently are subject to advice and consent.

Sex abuse

Murphy signed legislation to help protect sex-abuse victims, targeting those harmed by religious and Boy Scout leaders.

Murphy signed legislation (S477) extending the statute of limitations in civil actions for sexual abuse claims. The signing came just days after a law firm released the names of more than 100 people who allegedly committed sexual abuse while serving in the Catholic church's clergy.
Read more: Another 100 NJ Priests, Clergy Accused Of Sex Abuse In New Disclosure

The law also creates a two-year window for parties to bring lawsuits based on sexual abuse that would be time-barred even with the new statute of limitations, and expands the categories of potential defendants in civil actions.

"Survivors of sexual abuse deserve opportunities to seek redress against their abusers," said Murphy. "This legislation allows survivors who have faced tremendous trauma the ability to pursue justice through the court system. I thank the bill's sponsors for their commitment to tackling this issue, as well as the advocates for their activism and engagement."

School instruction on the history of contributions of persons from LGBTQ community

Murphy signed legislation that requires boards of education to include instruction, and adopt instructional materials, that accurately portray political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people.

"It's critical that our classrooms highlight the achievements of LGBTQ people throughout history. Our youth deserve to see how diverse American history truly is — and how they can be a part of it one day, too," Murphy said.

Garden State Equality, a leading New Jersey advocacy group for the LGBTQ community, saluted the legislation, saying: "Just as we honor contributions of people of color, women, and immigrants, LGBTQ people deserve a place in our history books and classrooms."

"America's nearly 250 year history is richly diverse, and our nation grows when we embrace our multifaceted past rather than hide from it," the group said.

Transgender birth certificates

New Jersey residents can now change the gender listed on their birth certificates more efficiently and easily thanks to a new law that took effect on Friday.
The legislation sponsored by Sen. Joseph F. Vitale and Senate Majority Leader Loretta Weinberg revised procedures for individuals who have changed their gender and name to receive an amended birth certificate.

"With advancements in modern medicine, we know that gender reassignment surgery is no longer the only option for transitioning yet the law takes a one-size-fits-all approach. It does not account for nonsurgical transitioning which usually includes physical, psychological, social, and emotional changes," said Vitale, D-Middlesex.

"This bill removes the barriers that transgender New Jerseyans face when requesting changes to such an important identification document as their birth certificate to reflect who they are, and will help to expand anti-discrimination protections."

Formerly, a person had to undergo gender reassignment surgery in order to amend the gender on their birth certificate. S-478 requires the state registrar of vital statistics to issue an amended birth certificate to a person born in the state who shows the gender and name of the person has been changed.

In order to process this request, the registrar needs a receipt of a name change approved by the court and a form from the person, or person's guardian.

"New Jersey law needs to recognize current practices for gender transitioning, which include nonsurgical therapies, and must afford transgendered individuals the same broad protection of their rights as all citizens to have official identification that reflects their gender," said Weinberg, D-Bergen. "From applying for travel documents or driver's licenses to school registration, a birth certificate is a necessary document and must be consistent with reality."

Hair discrimination

Last week, Murphy signed S3945, also known as the "Create a Respectful and Open Workplace for Natural Hair Act," which prohibits racial discrimination on the basis of "traits historically associated with race, including, but not limited to, hair texture, hair type and protective hairstyles."

The law was introduced after Andrew Johnson, an African American high school wrestler at Buena Regional High School, was forced to cut off his dreadlocks in order to compete in a match Dec. 19, 2018. Read more: NJ School To Meet After Alleged Racist Ref Made Wrestler Cut Hair

"Race-based discrimination will not be tolerated in the state of New Jersey," Murphy said. "No one should be made to feel uncomfortable or be discriminated against because of their natural hair. I am proud to sign this law in order to help ensure that all New Jersey residents can go to work, school or participate in athletic events with dignity."

U.S. Sen. Cory Booker said discrimination against black hair is "discrimination against black people, and no one should be denied a job, an education or face discrimination because of their hairstyle."

As defined in the bill, the term "protective hairstyles" includes "such hairstyles as braids, locks and twists." This change is intended to remove any confusion or ambiguity over the scope of the anti-discrimination laws.