News : POLITICO New Jersey Playbook: Concealed carry court decision in N.Y. could be a warning for N.J. effort

Friday, October 7, 2022

POLITICO New Jersey Playbook: Concealed carry court decision in N.Y. could be a warning for N.J. effort

Oct 07, 2022

Presented by Robert Wood Johnson Foundation

Good Friday morning!

The governor recently said he expects the Legislature to soon put forward bills to create gun-free zones. But maybe they'll want to take their time.

A federal case in New York shows just how difficult that might be. This case is still at the district court level, but a federal judge appointed by George W. Bush yesterday blocked a bunch of provisions of New York's new gun law. The measure had been written in response to the Supreme Court's ruling overturning New York's "justifiable need" statute for concealed carry. Among the provisions the district court rejected were prohibitions on carrying handguns in "sensitive places," including subways and Times Square.

The decision also strikes down a provision of the law requirin g those applying for concealed carry permits prove "good moral character." The burden of proof for moral characters would fall on the state.

We'll see how this case progresses. But when it comes to gun control, as goes New York, so goes New Jersey. So I wouldn't be surprised if lawmakers fine-tune the bills to avoid the pitfalls of the New York law. Then again, the Legislature initially got the eligible date wrong for the new child tax credit, so they're not exactly great at lawmaking with a scalpel.

Read more about it here.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 243

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

QUOTE OF THE DAY: "This is a desperate cry for help." — Tom Kean campaign spokesperson Harrison Neely on Tom Malinowski releasing an internal poll memo that shows him tied with Tom Kean

WHERE'S MURPHY? No public schedule

PROGRAMMING NOTE: New Jersey Playbook will be off Monday for the holiday. I'll be back in your inbox on Tuesday.

HAPPY BIRTHDAY: Princeton's Michael Hotchkiss , RP Consulting's Jessica Stewart, former statehouse reporter Timothy J. Carroll. Saturday for Assemblymember Annette Chapparo, BPU Commissioner Upendra Chivukuka, Prospect Park Administrator Intashan Chowdhury, former MacArthur staffer Jeff Hein. Sunday for former state Sen. Kip Bateman, state Sen. Jim Holzapfel, Pou COS Carol Cuadrado. Monday for Kivvit's Vin Ciniello, Treasury spox Jennifer Sciortino, GOP operative Pete Sheridan

A message from Robert Wood Johnson Foundation:

WHAT TRENTON MADE

GONE LATOURETTE — As lawmakers reflect on Sandy, DEP's absence from hearing raises questions about state's flood planning, by POLITICO's Ry Rivard: As the 10th anniversary of Superstorm Sandy approaches, New Jersey lawmakers heard four hours of testimony Thursday about the storm's aftermath and how prepared the state is for future storms. But there was a notable absence from the parade of witnesses — Shawn LaTourette, the state's top environmental regulator. LaTourette's agency, the Department of Environmental Protection, has been working for years on rules to change building standards in flood-prone areas of the state. The rules, which have been repeatedly delayed, are now in limbo, casting doubt on whether the lessons of Sandy and other extreme weather tragedies will be learned. LaTourette's absence Thursday raised further questions about Gov. Phil Murphy's support for the rules, his top environmental regulator and, indeed, the DEP itself, since no official from the agency spoke during the joint legislative hearing.

JURASSIC PARK: THE LOST FUNDS — "N.J. could divest its $92B pension fund from fossil fuels. What it means financially and for climate change ," by NJ Advance Media's Steven Rodas and Derek Hall: "New Jersey would join a growing list of states to divest its pension fund from fossil fuel companies if a long-stalled bill crosses the finish line in Trenton this fall. The legislation (A1733), now in its fourth iteration after it was first introduced in 2017, has gained new momentum in recent weeks as the fight against climate change intensifies nationwide … Maine enacted a similar law last year, ordering public funds to curtail investments in coal, petroleum, natural gas and other related products by 2026. New York said its $226 billion pension fund will look to divest significantly from fossil fuel stocks by 2025. New Jersey's move would be stricter, requiring the state's public worker pension fund to divest from the 200 largest publicly traded fossil fuel companies no more than two years from the time the bill is enacted."

MURPHY'S NO BRUCE WAYNE — "'Just all lies': Women's soccer reels from "scathing report as Gotham FC fans demand change ," by The Record's Melanie Anzidei: "In the report, former Racing Louisville FC president Brad Estes said he spoke with Steven Temares, a founding owner of Sky Blue and former Bed Bath & Beyond chief executive, and afterward was under the impression that Temares would '100%' hire [Christy] Holly again. 'Temares' comments assuaged [Estes'] concerns about any issues Holly had at Sky Blue,' according to the report. 'That's my biggest concern right now, as far as who is still involved with Gotham,' said Jen Muller, a board member of Cloud 9, a Gotham FC fan supporters' group. 'I think Steve Temares needs to answer for that.' … Supporters of Gotham FC on Wednesday said they are still reeling from the news about their team's former head coach. They now expect accountability from those in the front office and across the league. Muller even said that when Holly was fired, he blamed his dismissal on his assistant coaches 'who want[ed] power.' Muller said she looks back at those texts now and realizes 'it's just all lies.'"

THE SAME LEGISLATURE THAT GAVE THEM LAWSUIT IMMUNITY? — " N.J. looks to crack down on nursing homes: 'We must fix this system as lives are literally at stake'," by NJ Advance Media's Susan K. Livio: "The five-star Nursing Home Compare rating system, created by the federal government to help consumers shop for a nursing home, would be utilized to take punitive action against consistently low-scoring facilities in New Jersey, if a bill that passed a Senate panel is signed into law. The legislation is one of four bills the Senate Health, Human Services and Senior Citizens Committee approved in response to the alarming number of people who were infected with and died from COVID-19 in the early stage of the pandemic. The dire circumstances of the fast-spreading mysterious virus exposed festering problems with the nursing home industry, including a lack of frontline aides and infection control experts."

YOU'VE GOTTA FIGHT FOR EVERY SCRAPPLE — "What can New Jersey learn from Pennsylvania on taxes? A lot," by Jack Ciattarelli for Gannett: "'I've been calling for a lower [business tax] since I first took office and I'm thrilled that we were able to make this happen . . . This lower tax rate is a game-changer for business . . . We're going to ensure tax fairness, make [our state] a top location for businesses, and bring new, good paying jobs here . . .' Some might consider that pretty conservative rhetoric. Most would probably guess it's the policy position of some Republican governor. If they did, they would be wrong. That's what Pennsylvania's Gov. Tom Wolf, a Democrat, said when he recently signed reform legislation lowering Pennsylvania's business tax from 10% to 5% …Over the mid- to long-term, any state's business recruitment and retention strategies and, in turn, economic vitality, are all about being regionally competitive. Wolf understands that. How else is Pennsylvania going to compete with its neighbor to the west, Ohio, which has no business tax? As for Pennsylvania's neighbor to the east, New Jersey, our maximum 11.5% rate is the highest in the nation.

—" Murphy touts N.J.'s increase in pre-K but says universal program could take 'several' more years"

—"Temporary Fix To N.J.'S Bag Ban Approved By Senate Committee"

—"NJ accuses 5 towns of violating law regarding same-sex marriage"

—" With Doherty departing, jockeying for his Senate Judiciary seat will soon begin"

JOIN NEXT WEDNESDAY FOR A TALK ON U.S.-CHINA AND XI JINPING'S NEW ERA: President Xi Jinping will consolidate control of the ruling Chinese Communist Party later this month by engineering a third term as China's paramount leader, solidifying his rule until at least 2027. Join POLITICO Live for a virtual conversation hosted by Phelim Kine, author of POLITICO's China Watcher newsletter, to unpack what it means for U.S.-China relations. REGISTER HERE.

BIDEN TIME

DANK BIDEN — Biden pardons marijuana offenses, calls for review of federal law , by POLITICO's Eugene Daniels and Natalie Fertig : President Joe Biden on Thursday granted a pardon to all people convicted of simple marijuana possession under federal law, in what amounts to the most extensive White House action taken to date on U.S. drug policy. The president also urged governors to take similar action for state offenses of civil possession of marijuana. In addition, he called on the Secretary of Health and Human Services and the Attorney General to "expeditiously" review how marijuana is scheduled under federal law. Currently, marijuana is classified as a Schedule I narcotic, meaning it's deemed to have no medical use and a high potential for abuse. Heroin and LSD are other Schedule I drugs.

—@ActualAlexZ: ": @GovMurphy spokeswoman says that because NJ ordered all low level marijuana offenders expunged last year, "pardons are not necessary." This comes hours after @POTUS urged governors to follow his lead and pardon low level marijuana offenders. @News12NJ"

POUGHKEEPSIE, WEED AND NEW JERSEY: BIDEN TAKES A TOUR OF MY LIFE IN ONE DAY — "President Biden visits N.J. for fundraiser at Gov. Murphy's home," by NJ Advance Media's Brent Johnson and Jonathan D. Salant: President Joe Biden stopped by Gov. Phil Murphy's Middletown house Thursday for an intimate, high-dollar fundraiser as Democrats seek to retain control of Congress and several governorships in next month's midterm elections. According to White House pool reports: … Murphy declined to offer any details about the fundraiser when speaking to reporters earlier Thursday, except to say that he would not be preparing the meal. 'The president, the only request he had was that I not cook,' he said after an unrelated event in nearby West Long Branch. Earlier in the day, Biden joined New York Gov. Kathy Hochul at IBM in Poughkeepsie, where the company announced a $20 billion in investment in computing.""

PREDICTION: TOM WILL WIN THIS ELECTION — "Suddenly, a New Jersey congressional race looks like a bellwether," by The New York Times' Tracey Tully: "When New Jersey's congressional map was redrawn last year, Representative Tom Malinowski, a second-term Democrat, was widely considered a political goner … But 10 months later, as voters have absorbed the impact of the Supreme Court decision overturning the constitutional right to abortion, there are signs that Democrats believe the national political momentum has shifted to a degree that even this race, written off by some as a strategic sacrifice, is narrowing … Mr. Malinowski is running for a second time against Tom Kean Jr., the namesake of a beloved former New Jersey governor making his fourth run for Congress … [A] national political action committee dedicated to preserving the Democratic majority in the House has suddenly begun buying up its first television time for Malinowski ads. And Democratic loyalists who have been knocking on doors for Mr. Malinowski say concern over abortion rights has grown palpable within the suburban swing district, which stretches from one side of northern New Jersey to the other."

—Snowflack: " A real time glance at all the key Nov. 8th elections"

—Gottheiner: "Congestion pricing: Kathy Hochul, Eric Adams and the MTA could hurt NJ"

—"Sherrill, DeGroot agree to three debates ahead of NJ-11th congressional midterm vote"

—" Saudi Arabia move to cut oil supply 'a war on N.J. working families,' Murphy says"

A message from Robert Wood Johnson Foundation:

LOCAL

SMALLISTINA — "Can Polistina and Small get beyond feud to work together for Atlantic City?" by The Press of Atlantic City's Michelle Brunetti Post: "Democratic Mayor Marty Small Sr. launched into an attack on Republican state Sen. Vince Polistina at a symposium Wednesday on new technology to make the city clean and safe. Small's several-minute tirade charged the Atlantic County state lawmaker with interfering with the city's government, a complaint that needed airing, the mayor said, adding it was the '800-pound gorilla in the room.' The verbal barbs appeared to take a room full of state officials, city employees and police abac … Polistina, who was at the symposium and didn't respond publicly to Small but said later:'[It was a professional presentation about something good for the city, to improve government's ability to respond to residents. He went completely sideways.' … Small said Polistina had sent him a letter Tuesday attacking the greatest police department in the world on a daily basis, saying we don't do anything and crime is up,' Small said … There were 12 homicides last year and three to date in the city this year, Small said, showing crime is not out of control … Polistina's recent letter to Small, which Polistina made public, invited him to stop the personal sniping and sit down to talk"

— " Atlantic City to debut new technology to combat crime, fix city issues"

JACKSON RESIDENTS FEAR THAT, LIKE DEREK ZOOLANDER, THEY WON'T BE ABLE TO TURN LEFT — " Jackson religious schools would cause 'disastrous and catastrophic' traffic, residents say," by The Asbury Park Press' Mike Davis: "Traffic wasn't on the agenda. It was supposed to be a hearing about how four private schools on Leesville Road would be situated on the site, about the parking lots and the septic system and just about anything other than traffic. But there's only one thing at the forefront for the people who live near the proposed Bellevue Estates LLC project: 'It's going to be epically disastrous and catastrophic, the amount of traffic,' Wiletta Drive resident Susan Cooper said. 'We're never going to be able to make a left out of our streets.' The Planning Board on Monday held its first hearing on the proposal to build four private, religious schools — three elementary schools and a high school — and a separate gymnasium to accommodate 2,850 students on a 33-acre plot on Leesville Road. It's the second time in less than one year that the same developer, Mordechai Eichorn, has asked the board to approve a school complex with thousands of students on the relatively rural thoroughfare."

—"Former school employee stole $95K in district property, authorities say "

—"Violent crime in Camden down dramatically over last decade due to community policing efforts"

—"Atlantic City High School teacher had sexual encounter with student at hotel, court records say"

—" Officials call for regional task force to investigate deadly car rally in Wildwood"

—"Ocean City, NJ may increase beach tag cost by a lot — are Wildwoods next? "

—"Dramatic Paterson fire engine collision that injured 8 detailed in new report"

—" Barnegat Lighthouse to shine again in time for Sandy anniversary"

—"Trenton Central High School locked down then evacuated, police swarm the school "

— "Former NJ school principal charged as a peeping Tom burglar"

—" Dean of N.J. prep school fired after being charged with attempted luring"

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

EVERYTHING ELSE

SOMEONE'S GOTTA PAY DOORDASH — "Why is Rutgers letting its athletics division stop payments on $84M in university loans?" by The Record's Abbott Koloff and Jean Rimbach: "The $84 million in loans that Rutgers University gave its athletics division in recent years to cover some of its losses have disappeared from athletics' latest financial documents. A year ago, Rutgers President Jonathan Holloway told NorthJersey.com that he was considering forgiving those loans, which the university had given athletics to help pay escalating costs of playing in the Big Ten Conference. The loans are no longer included as part of the athletic division's total debt. And the athletics budget for the 2022-23 fiscal year doesn't include any payment of principal or interest on those loans, which were funded by Rutgers students and New Jersey taxpayers. A university spokeswoman recently said in an email that the loans had not yet been forgiven — but declined to clarify their absence from the new financial documents obtained by NorthJersey.com through an open records request.' … I think the entire community deserves full transparency and a proper explanation" about the status of the loans, said Rebecca Givan, the head of the university faculty union, noting that money for the loans came from student tuition and state taxpayers."

BABY'S FIRST ROOT CANAL — " 'Unconscionable': Dentists in NJ and NY allegedly did unneeded 'baby root canals' on kids," by The Record's Steve Janoski: "A pediatric dentist who owns more than a dozen practices in New Jersey, New York and Vermont has agreed to pay more than $750,000 to settle allegations that his dentists performed unnecessary "baby root canals" on children, then billed Medicaid for the procedures, state and federal authorities announced Thursday."

—"Here's how a Bergen County hospital plans to keep its troubled history in the past"

—" High schools want coaches who work in the building, but it's becoming harder to find"

—"N.J. ShopRite faces second lawsuit after woman says she was hurt in shopping cart mishap"

—"Now five wins in, New Jersey's Cris Pannullo could be the next 'Jeopardy!' super champ"

A message from Robert Wood Johnson Foundation:

Efforts to make New Jersey a healthier, more equitable state took a major step forward with Acenda Integrated Health receiving funding from RWJF to serve as the "incubator" organization to launch the state's first public health institute.

The institute will promote collaboration and build capacity in New Jersey, where public health infrastructure and systems are stretched thin. It will play a key role in a reimagined public health system in the state. Today, 33 states are served by a public health institute; New Jersey's would be the first to have health equity as a founding priority.

"Dedicated advocates, community members, and partners in state government have worked hard for this moment to arrive," said RWJF's Maisha Simmons. "Everyone in New Jersey should be able to live the healthiest life possible – and a establishing a public health institute is a critical step on that path."