New Jersey Senate Bill S1200

New Jersey 2022-2023 Regular Session

• Introduced: 1/31/22
• Refer: 1/31/22

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

Under the provisions of SB1200, any state or public health emergency declaration that the Governor issues will automatically terminate 60 days after its issuance unless the Legislature approves an extension. This renewal can only occur through a majority vote on a concurrent resolution, allowing the Legislature to exert control over the duration of emergency powers. The bill further restricts the Governor from issuing new declarations for the same emergency once a declaration has been terminated, effectively preventing repeated emergencies from being prolonged without legislative oversight.

Summary

Senate Bill 1200 proposes a significant change in the management of state and public health emergencies in New Jersey by granting the Legislature the authority to terminate emergency declarations issued by the Governor. Specifically, it empowers the Legislature to end a state of emergency after a concurrent resolution with a two-thirds majority vote from the authorized membership of both Houses. This could lead to a more accountable and balanced approach to emergency management, ensuring that the Governor's emergency powers can be checked by the legislative branch.

Contention

The bill has sparked discussions around the balance of power between the Executive and Legislative branches. Supporters argue that it adds necessary checks to the executive authority, especially in light of the experiences during the COVID-19 pandemic where emergency declarations were extended without sufficient legislative input. On the other hand, critics fear that it may hinder timely responses to emergencies, as the requirement for legislative approval could delay crucial actions needed during public health crises. There's a significant concern regarding whether this increased legislative oversight might affect the state's ability to respond promptly and effectively to unforeseen emergencies.