Presented by Pre-K Our Way
It turns out all Gov. Phi Murphy needed to finally get the millionaires tax done was a pandemic.
David Wildstein reports that Murphy, Senate President Steve Sweeney and Speaker Craig Coughlin are closing in on a deal coupling the millionaires tax with a one-time $500 tax break for some less-wealthy New Jerseyans, while putting the financial transaction tax off the table (at least as part of the budget talks).
This isn’t a surprise considering legislative leaders have been telegraphing their willingness since Murphy’s budget address, but it’s still shocking considering how dug in Sweeney had been against the tax since Murphy’s inauguration — the tax he passed numerous times under former Gov. Chris Christie, knowing it would get vetoed.
That was before Murphy’s popularity soared as the pandemic slammed New Jersey and hasn't so far abated too much despite the tragedies at the nursing homes and the unemployment waits and the MVC lines. But I think the bigger factor here is not Murphy’s popularity, or the suffering of New Jersey’s less wealthy residents during the pandemic. The idea of continually resisting efforts to make the state’s wealthiest pay more when so many are hurting is politically untenable. And so the tax cut coupled with it makes political sense.
And don’t expect that baby bonds proposal to be in the budget.
WHERE’S MURPHY? — Somwhere in the 2nd District at 1 p.m. to join Amy Kennedy to announce her campaign plank for South Jersey infrastructure, then Cape May for a 2 p.m. ribbon cutting ceremony at the Harriet Tubman Museum.
CORONAVIRUS TRACKER — 447 newly diagnosed cases for a total of 197,792. Nine more deaths for a total of 14,263 (not counting 1,791 probable deaths)
QUOTE OF THE DAY: “It will be a couple of weeks ... before we know whether or not Seaside Heights unwillingly became a coronavirus hotspot because of these knuckleheads, who I hope don’t come back to New Jersey and certainly aren’t welcome.” — Gov. Phil Murphy on the YouTubers who brought hundreds of people out in the town
HAPPY BIRTHDAY — WPCNJ's Lisa Kaado, Attorney Daniel Kline, J. Fletcher Creamer & Son’s Kevin Watsey
WHAT TRENTON MADE
I THINK HE STAYED AN EXTRA YEAR JUST TO STICK IT TO SWEENEY — Murphy's chief counsel to leave administration, by POLITICO’s Samantha Maldonado: Gov. Phil Murphy said Wednesday his chief counsel Matt Platkin will leave the administration in mid-October. Platkin will join the law firm Lowenstein Sandler in its white collar criminal defense and business litigation groups. Platkin has been in his role as chief counsel since Murphy took office in January 2018. Prior to that, he served as Murphy’s policy director during the gubernatorial campaign. "For the past five years, Matt has been by my side counseling me on every single consequential decision I've made," Murphy said in a statement. "From raising the minimum wage to $15 an hour to enacting the nation's strongest equal pay legislation, Matt has served our Administration with integrity, talent, and a deep sense of purpose. I look forward to continuing to rely on his counsel as he begins the next chapter of his professional life."
LTCS — Murphy signs bills to raise long-term care wages and force reinvestment in resident care, by POLITICO’s Sam Sutton: Five months after New Jersey‘s nursing homes and long-term care facilities were the epicenter of the Covid-19 pandemic, Gov. Phil Murphy on Wednesday signed four bills designed to help stem future outbreaks, stabilize the industry’s workforce and centralize the state’s unwieldy bureaucracy for oversight. “These are big steps forward to make sure we live [and] we learn — that we can address what was an uneven performance of that industry,” Murphy said during a Covid-19 press briefing earlier Wednesday afternoon, adding that there’s hope the legislation puts “some pieces in place that will have some permanent significance to allow us to weather future storms.” More than 7,000 residents and staff of New Jersey‘s long-term care facilities have died after testing positive for Covid-19, representing a little less than half the total deaths believed to have been caused by the virus since the state recorded its first case in early March.
— “Hundreds rally outside NJ veterans home to demand investigation of coronavirus deaths”
MAND MEN — Murphy won’t support eliminating mandatory minimum sentences for official misconduct, by POLITICO’s Matt Friedman: Gov. Phil Murphy said Wednesday that he does not support eliminating mandatory minimum sentences for official misconduct. POLITICO reported Wednesday morning that a bill to eliminate or reduce mandatory minimum sentences for mostly nonviolent drug and property crimes was quietly amended to also eliminate mandatory minimum sentences for official misconduct. An accompanying bill was also amended to make those changes retroactive for current inmates. As initially written, the bills, NJ A4369 (20R) and NJ A4370 (20R), were based on the recommendations of a November 2019 report by the New Jersey Criminal Sentencing and Disposition Commission. However, the report by the state-appointed commission did not recommend doing away with mandatory minimum sentences for official misconduct. “Let me say unequivocally, official misconduct was not on the list,” Murphy said in response to a question during his regular press briefing in Trenton. “So I just want to say as clearly as I can: I do not support official misconduct being roped into this legislation.”
THE INVINCIBLES — Positive Covid-19 tests rising among young people in New Jersey, by POLITICO’s Sam Sutton: Young people are fueling the Covid-19 pandemic in New Jersey. The spot positivity rate for residents between the ages of 14 and 24 is more than triple that of the state at-large, Gov. Phil Murphy and Health Commissioner Judith Persichilli told reporters Wednesday. Residents in that demographic were testing positive roughly 3 percent of the time in mid-August, Persichilil said. That number is now eclipsing 7 percent, she said, citing the most recent data collected by the health department. Overall, the state’s spot positivity rate on tests taken Sept. 12 was just 2.06 percent. “With schools and colleges reopening, this is just a reminder to take this virus seriously,” Persichilli said during Murphy’s regular press briefing in Trenton.
— Opinion: “Illicit raid of Clean Communities Fund will gut litter clean-up programs”
— “Activists fight budget cuts to inmate transitional programs”
— “N.J. sales tax revenue rebounds for 1st time since pandemic hit. Other taxes? Not so good”
— “N.J. eviction filings reach 26K amid state, CDC moratorium”
— “New Jersey can’t justify financial transaction tax | Opinion”
— “NJ bill would create Division of Violence Prevention and Intervention”
TRUMP ERA
PPP HOW CAN I EXPLAIN IT? — “PPP loans: $165M went to Shore employers showing no jobs saved. Some say feds never asked,” by The Asbury Park Press’ Mike Davis: “At least $1.2 billion in loans from the federal government’s Paycheck Protection Program went to New Jersey businesses and other employers whose loan records show the funds weren't used to save any jobs, an analysis by the Asbury Park Press and the USA Today Network Atlantic Group found. At least $165 million of those loans went to some 500 employers at the Shore, some of whom qualified for millions of dollars in bailout money to help them weather the COVID-19 pandemic. Yet employers and a major bank told the Network that the government didn't ask them to provide information about the number of jobs being retained … The Network's findings raise fresh doubts about the accuracy of the government's accounting for the $659 billion loan program. A growing number of media outlets have reported that the nationwide data on PPP loans that the U.S. Department of Treasury released in July is rife with errors and missing information.”
11,111.1 MASTROS — Booker to introduce $100B measure to clean toxic sites, tackle contamination, by POLITICO’s Samantha Maldonado: Sen. Cory Booker (D-N.J.) introduced legislation Wednesday that would appropriate $100 billion to advance the cleanup of legacy pollution and ensure safe drinking water across the country. The Environmental Justice Legacy Pollution Act — exclusively obtained by POLITICO — would also bar the approval of permits for major sources of air pollution, such as refineries or power plants, in communities already affected by it. “In order for communities of color, low-income communities, and indigenous communities to thrive, this legacy of pollution must be eliminated,” Booker, the former mayor of Newark, said in a statement.
TRUMP LAWSUIT— Trump campaign seeks to halt early vote counting while lawsuit against New Jersey is decided, by POLITICO’s Matt Friedman: President Donald Trump’s campaign wants a federal judge to act soon to prevent New Jersey from counting mail-in ballots starting 10 days before the Nov. 3 election. In a court filing Wednesday, the campaign also asked U.S. District Court Judge Michael Shipp to bar elections officials from accepting mail-in ballots that do not have a postmark for two days after Election Day. The campaign and its co-plaintiffs, the Republican National Committee and the New Jersey Republican State Committee, filed an “an order to show cause why a preliminary injunction should not issue” — its first move to hasten the lawsuit they filed Aug. 18. But the motion, signed by state Sen. Michael Testa (R-Cumberland), does not seek to immediately pause the larger plans for a mail-in election, despite the Trump campaign’s claims it violates the U.S. Constitution and three federal laws.
IMMIGRATION — “Court ruling could mean deportation of tens of thousands in New York, New Jersey,” by WNYC’s Matt Katz: “A federal court ruling Monday upholds the Trump Administration's decision to eliminate Temporary Protected Status, or TPS, for immigrants from El Salvador, Haiti, Nicaragua, and Sudan. The ruling could mean deportations of about 70,000 New Yorkers and New Jerseyans, including Nancie Adolphe, who arrived from Haiti more than two decades ago, at age 11. Adolphe has TPS, as do her parents. But her three siblings are U.S. citizens and would be left in Brooklyn if she and her parents lose TPS and get deported.”
— “Seven weeks before election day and U.S. Senate recount remains in court”
— “Presidential Politics has Huge Implications in CD2’s Van Drew v. Kennedy”
— “Former Bergen County Judge Andrew Napolitano countersues sexual assault accuser”
— “Don’t get confused by postal service brochure about mail-in voting, Murphy says”
— “In NJ-7, candidates make the race about sex offenders, Trump”
LOCAL
TRENTONIAN DEMOCRACY — “Critics decry election ordinance that gives Trenton council, mayor 6 more months in office,” by The Trentonian’s Isaac Avilucea: “Government leaders who are a part of what one resident called possibly the most ‘dangerous and dysfunctional’ epochs in Trenton history are about to award themselves with another six months in office. Council will vote Thursday on moving the capital city’s nonpartisan election from May to November. If passed, the measure, sponsored by controversial legislator Robin Vaughn, shifts the runoff for mayor and council races to December from June. The council passed legislation earlier this year that allowed Trentonians to determine by referendum whether to change the election date. Vaughn’s latest proposal, making it exclusively council’s decision, supplants the previous ordinance.”
GOING FOR BROQUE — “Ex-Roque allies including Rodas, Acosta, Vargas suing West New York for political retaliation,” by Hudson County View’s John Heinis: “Allies of former West New York Mayor Felix Roque including Steven Rodas, Silvio Acosta, and Ruben Vargas, are suing Mayor Gabriel Rodriguez and the town for political retaliation after being let go or demoted from their jobs last year. The 12-page, three-count lawsuit, filed in Hudson County Superior Court on September 1st, alleges that five former municipal employees had their civil rights violations — due to protected political speech — constructive discharge, and breach of implied contract.”
THE LEGAL ARC OF THE RESTRICTIVE COVENANT — “Developer drops plans, at least for now, for sports betting parlor at former track,” by The Courier-Post’s Jim Walsh: “A developer has dropped plans for a sports-betting parlor at the site of a former Cherry Hill racetrack, according to a decision in a court fight over the proposal. Cherry Hill Towne Center cited the impact of the COVID-19 pandemic and resulting government restrictions in mothballing its project ‘at least for the foreseeable future,’ U.S. District Judge Renee Marie Bumb said in a ruling Thursday. The judge approved the developer's request to drop its lawsuit against GS Park Racing, the track's former operator. GSPR contends a restrictive covenant on the property gives it the exclusive right to offer gambling at the site. Cherry Hill Towne Center's lawsuit sought a court ruling that the covenant was unenforceable.”
FLASHBACK TO 2018 — “Legislation Gov. Phil Murphy signed into law … to allow sports betting in New Jersey includes a provision for a sports book at the site of a former racetrack in Cherry Hill where there are no plans to ever host horse racing again. The site is owned by Jack Morris and Joseph Marino, two developers with ties to South Jersey power broker George Norcross.”
SURPRISED THEY DIDN’T ACCIDENTALLY FILE THE LAWSUIT IN INDIA — “N.J. town’s decision to remove Columbus statue deprives ‘Italian Americans of their civil right,' lawsuit alleges,” by NJ Advance Media’s Joe Atmonavage: “An Italian American organization has filed a federal lawsuit against West Orange and its mayor after the township removed a Christopher Columbus monument in the wake of nationwide protests of racial injustices and oppression this summer. The Italian American One Voice Coalition, a national organization ‘dedicated to the rightful representation of Italian Americans,’ said Mayor Robert Parisi’s decision to remove the monument in June deprives ‘Italian Americans of their civil right to honor their historic and cultural origins in the manner or manners they see fit,’ according to the lawsuit … The coalition is asking a federal judge to mandate the township to restore the monument to the intersection of Valley Street and Kingsley Street, where it had been since 1992 when the monument was dedicated by public officials to to commemorate the 500th anniversary of Columbus' arrival to the New World.”
BLEED OF MUNICIPALITIES CONVENTION — “Paterson council members owed city hotel costs from 2018, 2019 Atlantic City conventions,” by The Paterson Press’ Joe Malinconico: “Two City Council members and one former councilman owed Paterson about $2,100 for unpaid bills from the Borgata Hotel in Atlantic City from the 2018 and 2019 League of Municipalities conventions, according to public documents released Monday. Councilwoman Maritza Davila owed $857, or $371 from 2018 and $486 from 2019; Councilman Luis Velez owed $747, including $366 from 2018 and $381 from 2019; and former Councilman Shahin Khalique owed $486 from 2019. The city's recent practice has been to pay up front for hotel reservations for elected officials and council members, who then are supposed to reimburse Paterson for the bills, officials said.”
TWEET OF THE DAY — @CouncilmanKurtz: "We [Atlantic City Council] passed my resolution tonight calling on @GovMurphy to increase indoor dining capacity to at least 50%. This additional capacity is critical to the survival of our hospitality industry and residents during the Fall/Winter seasons."
— “Bergen County attorney indicted in $9 million in CARES Act fraud”
— “Edison police officers who beat no-show charges get jobs back”
— “Hamilton flooding issues may dominate public hearing for solar farm developer”
— “Cooper's Ferry touts job placements during pandemic through Camden Works”
— “Family and advocates demand release of information on N.J. man shot and killed by police last month”
— “After 24 years, Nutley police sued as man searches for answers in sister's disappearance”
EVERYTHING ELSE
DO YOU HAVE TO LET IT LINGER? THE ZOMBIE WALK HAS ALREADY BEEN CANCELED — “How long will the wildfire smoke linger in the sky over N.J.?” by NJ Advance Media’s Len Melisurgo: “Once again, New Jersey is being cheated out of a warm September day with clear blue skies — thanks to all those wildfires burning in the western United States. Even though the fires are almost 3,000 miles away from the Garden State, the thick smoke is rising high into the atmosphere and drifting across the nation by those bands of strong upper-level winds known as the jet stream.”
— “Prosecutors said N.J. doctor was corrupt, but judge dropped charges. Now he’s suing for $100M”
— “Rutgers football: Here are 5 questions as the Big Ten football season returns Oct. 23”
— “Has coronavirus killed public transit? Here’s what needs to change for commuters to come back”
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