Senate Commerce Committee Statement to Senate, No. 3093 — State of New Jersey (January 21, 2021)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 3093, State of New Jersey, dated January 21, 2021, reporting the bill favorably with committee amendments. As amended, the bill directs the Governor, in consultation with the Commissioner of the Department of Health, to develop a county-based mitigation plan allowing businesses to operate during a pandemic, using a seven day rolling average to set Red, Yellow and Green risk categories. The Governor would assign a category to each of the State's 21 counties and 565 municipalities and restrict business activity accordingly, countywide or by municipality depending on whether density exceeds 1,500 persons per square mile. The amendments remove language exempting certain liquor license holders from fines established by the Governor.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
3093

with
committee amendments

STATE
OF NEW JERSEY

DATED: JANUARY
21, 2021

The
Senate Commerce Committee reports favorably and with committee amendments
Senate Bill No. 3093.

As
amended, the bill directs the Governor to develop and implement a county-based
mitigation plan to allow businesses to operate during a pandemic.

Under
this bill, the Governor, in consultation with the Commissioner of the
Department of Health, is directed to develop and implement a mitigation plan to
allow business to operate during a pandemic. This plan will be developed by
using empirical data, over a seven day rolling average, to establish three categories
of risk that will be organized by the following colors:

(1) Red, which
shall indicate that there is an active outbreak and is the highest level of
risk;

(2) Yellow, which
shall indicate that the risk of an outbreak is moderate; and

(3) Green, which
shall indicate that the risk of an outbreak is low.

Once
these categories, and the thresholds for reaching them, are established, the
Governor will assign one of the categories to each of the State’s 21 counties
and 565 municipalities, with additional consideration given to a county
containing a jail, university, or other large congregate facility. The Governor
will then restrict business activity within a county based on the category that
the county was assigned to. For an affected county with a population density
greater than 1,500 persons per square mile, the Governor may restrict business
activity countywide or by municipality. If an affected county has a population
density beneath 1,500 persons per square mile, the Governor will restrict
business activity by municipality. Municipalities within an affected county
may further restrict business activity if the municipality has reason to
believe that, based on empirical data, they should be subject to restrictions
beyond those mandated upon them.

A
county assigned to a category higher than green will not be reassigned to a
lesser category without a three-week evaluation of the area’s empirical data to
determine its progress. Restrictions pertaining to each category of risk and
the data trends of each county will be published on the Department of Health
website to provide transparency for affected business owners and the public.

COMMITTEE AMENDMENTS:

The committee amended the bill to remove language in
the bill that exempts holders of a liquor license with retail consumption
privileges and operating certain establishments from fines established by the
Governor.

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