ASSEMBLY, No. 729

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Assemblyman  BRIAN E. RUMPF

District 9 (Atlantic, Burlington and Ocean)

Assemblywoman  DIANNE C. GOVE

District 9 (Atlantic, Burlington and Ocean)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

Co-Sponsored by:

Assemblymen McGuckin, Catalano, Bergen, Scharfenberger, Assemblywoman Flynn, Assemblymen Umba, Torrissi, Assemblywomen Piperno and Eulner

 

 

 

 

SYNOPSIS

     Makes permanent certain immunity relating to COVID-19 spread in planned real estate developments.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act to make permanent certain immunity relating to COVID-19 spread in planned real estate developments and amending the title and body of P.L.2021, c.142.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  The title of P.L.2021, c.142 is amended to read as follows:

An Act establishing immunity relating to COVID-19 spread in planed real estate developments and supplementing Title 2A of the New Jersey Statutes.

 

     2.  Section 1 of P.L.2021, c.142 is amended to read as follows:

     1. a. A planned real estate development shall be immune from civil liability for damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises of the planned real estate development, so long as the planned real estate development has prominently displayed at the entrance of any communal space shared by the planned real estate development’s residents and their guests, such as pools, gyms, and clubhouses, a sign stating the following warning:

“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.”

     b. The immunity provided pursuant to subsection a. of this section shall not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.

     c. Nothing in this section shall be construed to limit or modify any claim for relief under the workers’ compensation law, R.S.34:15-1 et seq.

     d. As used in this section:

“COVID-19” means the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, that is caused by the SARS-CoV-2 virus, [and] first identified in Wuhan, Hubei Province, People’s Republic of China.

“Planned real estate development” means the same as that term is defined in section 3 of P.L.1977, c.419 (C.45:22A-23).

(cf: P.L.2021, c.142, s.1)

     3.  Section 2 of P.L.2021, c.142 is amended to read as follows:

     2.  This act shall take effect immediately [and shall expire on the first day of calendar year 2022].

(cf: P.L.2021, c.142, s.2)

 

     4.  This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill eliminates the expiration of immunity for planned real estate developments in the event of COVID-19 spread.  New Jersey law previously established a temporary immunity for planned real estate developments from liability for damages related to the exposure to or transmission of COVID-19 on their premises so long as the following signage is posted at the entrance of shared spaces, such as pools and gyms: 

“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.”

     The New Jersey law to provide the temporary immunity established an expiration date of January 1, 2022.  This bill provides permanent immunity to planned real estate developments in the event of COVID-19 exposure or transmission on their premises so long as required signage is posted.  This immunity does not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.