New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1274

Introduced
1/9/24  

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

The bill limits the automatic duration of state of emergency declarations, mandating that these declarations will terminate after 60 days unless the Legislature approves an extension under defined circumstances. Extensions can be granted in increments of 30 to 90 days, contingent on legislative approval. This aims to prevent prolonged states of emergency from occurring without legislative agreement, effectively impacting how emergencies are managed in New Jersey. It also sets a precedent for revising how power is distributed between the executive and legislative branches during crises.

Summary

Assembly Bill A1274 seeks to redefine the process through which the New Jersey Legislature can terminate state of emergency and public health emergency declarations issued by the Governor. Under the current framework, the Governor has broad authority to declare a state of emergency, but A1274 introduces a mechanism whereby the Legislature can terminate such declarations if a concurrent resolution receives a two-thirds affirmative vote from both Houses. This provision is aimed at increasing legislative oversight over emergency declarations, ensuring they do not extend indefinitely without accountability.

Contention

Notable points of contention surrounding A1274 include concerns over the balance of power between the Governor's office and the Legislature, particularly in times of emergency. Supporters argue that the bill upholds democratic principles by ensuring that elected representatives in the Legislature have the final say on emergency declarations. However, opponents may argue that such restrictions could hinder swift action needed in emergencies, limiting the Governor's capability to respond promptly to crises such as public health threats. Furthermore, the intricacies of the notification process for extensions and the conditions under which they may or may not occur could generate legislative gridlock.

Companion Bills

NJ S1671

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.

NJ S1200

Carry Over 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 A3429

Carry Over 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 A630

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

NJ HJR17

Termination Of Declarations Of Emergency, Ca

NJ HJR21

Termination Of Declarations Of Emergency, Ca

NJ S966

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

NJ A665

Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

NJ S106

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

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