MESSAGE FROM THE BCBA PRESIDENT

I am happy to report that Governor Murphy has recently signed into law A.3903 as amended, which allows notaries, attorneys, and other officials in New Jersey to perform notarial acts remotely using technology. The legislation is now in effect and will remain in effect throughout the duration of the COVID-19 health emergency.

The Association recognized the importance of this legislation many weeks ago and has been working with Bergen County’s Senate Delegation and the State’s Division of Revenue to encourage it’s adoption. Our Officers and Board of Trustees held its first video conference meeting last week to approve my letter urging our legislative representatives to approve the bill.

This law will now enable many of our members to effectively represent the vital interests of their clients in a variety of practice areas. Though we had urged a sunset period to coincide with the COVID-19 public health emergency, the revised legislation still requires recordings of notarial acts to be retained for ten years. I urge BCBA members to review the legislation and let us know if further refinement is necessary to otherwise effectuate its intent during the COVID-19 public health emergency. A copy of the approved legislation is attached for your information.

Please stay safe and healthy.

Warmest personal regards,
Joe”

Assembly, No. 3903_STATE OF NEW JERSEY 1R.pdf

New Jersey Governor Phillip Murphy’s Executive Order No. 107

Paragraphs 10 and 11

The following paragraphs below come from Governor Murphy’s Executive Order No. 107 in response due to the growing concerns of the COVID-19 virus. These paragraphs relate to the practice and operations of law firm staff and employees. Other businesses, including law firms, are directed to have most of their workforce, “wherever practicable,” telework from home, with the exception of employees who cannot perform their functions via these arrangements.The order lists examples of employees who need to be physically present as those who perform general building maintenance, IT maintenance and administrative functions, among others.

” (10) All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements. For purposes of this order, “telework” means the practice of working from home or alternative locations closer to home through the use of technology that equips the individual to access necessary materials.

(11) To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue. Examples of employees who need to be physically present at their work site in order to perform their duties include, but are not limited to, law enforcement officers, fire fighters, and other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, information technology maintenance workers, janitorial and custodial staff, and certain administrative staff.”

 

Below is the link to Governor Murphy’s Executive Order No. 107. Previously cited paragraphs 10 and 11 are relocated on page 10.

Governor Murphy Executive Order No. 107. pdf

WHEREAS, through Executive Order No. 102, which I signed on February 3, 2020, I created the State’s Coronavirus Task Force, chaired by the Commissioner of the New Jersey Department of Health (“DOH”), in order to coordinate the State’s efforts to appropriately prepare for and respond to the public health hazard posed by Coronavirus disease 2019 (“COVID-19”); and

WHEREAS, in light of the dangers posed by COVID-19, I issued Executive Order No. 103 (2020) on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserved the right to utilize and employ all available resources of State government to protect against the emergency created by COVID19; and

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