New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A3429

Introduced
3/8/22  

Caption

Permits Legislature to terminate certain declarations by Governor for state of emergency or public health emergency and limits duration of such declarations unless Legislature approves extension.

Impact

This legislation has significant implications for how emergency declarations are managed in New Jersey. By limiting the duration of such declarations and placing authority in the hands of the Legislature, it seeks to prevent prolonged use of emergency powers that may have been enacted during crises like the COVID-19 pandemic. Proponents argue that this increases accountability and curtails any potential overreach by the executive branch, supporting the principle of checks and balances within government.

Summary

Assembly Bill A3429 permits the New Jersey Legislature to terminate certain state and public health emergency declarations made by the Governor. Specifically, it outlines a process whereby the Legislature can use a concurrent resolution, requiring a two-thirds vote from both houses to end such declarations. The bill also stipulates that unless an extension is approved, a state of emergency will automatically expire 60 days after its issuance, thereby increasing legislative oversight over emergency powers.

Contention

However, the bill has also generated controversy and debate. Critics may argue that such legislative control could hamper timely responses to emergencies that may require swift executive action. Additionally, the provisions requiring written notification from the Governor about the necessity for extension and potential limitations on re-declarations for the same emergency could be seen as constraining the Governor's ability to manage ongoing crises effectively, thereby potentially compromising public health and safety.

Companion Bills

NJ S1200

Same As Permits Legislature to terminate certain declarations by Governor for state of emergency or public health emergency and limits duration of such declarations unless Legislature approves extension.

Previously Filed As

NJ A4040

Permits Legislature to terminate certain declarations by Governor for state of emergency or public health emergency and limits duration of such declarations unless Legislature approves extension.

NJ S2514

Permits Legislature to terminate certain declarations by Governor for state of emergency or public health emergency and limits duration of such declarations unless Legislature approves extension.

NJ A4778

Permits religious services during state of emergency or public health emergency declarations by Governor.

NJ S71

Permits religious services during state of emergency or public health emergency declarations by Governor.

NJ S966

Requires Governor hold public hearings during declarations under Emergency Health Powers Act.

NJ HJR17

Termination Of Declarations Of Emergency, Ca

NJ HJR21

Termination Of Declarations Of Emergency, Ca

NJ A630

Limits to 14 days effective period of certain emergency orders, rules, or regulations.

NJ S106

Exempts certain essential individuals and businesses from certain requirements in state of emergencies or public health emergencies.

NJ HB121

Limiting Emergency Powers Act of 2023 This bill provides that a national emergency declared by the President terminates 30 days after a declaration unless a joint resolution affirming such declaration is enacted. All existing emergency declarations expire after two years unless the President requests a renewal that receives congressional approval.

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