Proposed legislation would limit New Jersey governor’s emergency powers

Proposed legislation would limit emergency powers and provide more legislative oversight of a governor’s executive orders.

Under current law, a state of emergency remains in effect until the governor ends it. A Public Health Emergency can be declared for 30 days, and the governor can issue subsequent 30-day extensions.

However, S-1200 would limit states of emergency to 60 days unless state lawmakers authorize an extension. The measure would also limit public health emergency declarations to a total of 60 days – the initial 30 days, which the governor can renew for an additional 30 days, as current law allows; lawmakers would need to authorize additional extensions.

“Since the start of the pandemic, New Jerseyans have been shocked and outraged by extremely intrusive government mandates that have been issued under the emergency powers assumed by the governor and the executive branch,” state Sen. Declan O’Scanlon, R-Monmouth, said in a statement.

“It’s unfathomable to many people that our laws would allow a single person to wield such an astonishing amount of authority with virtually no oversight,” O’Scanlon added. “Our new legislation is based on our experience over the last two years and addresses the serious concerns expressed by both legislators and the constituents we represent.”

O’Scanlon said the measure will have bipartisan support.