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Bill > ACR43


NJ ACR43

NJ ACR43
Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This constitutional amendment provides that certain emergency orders, rules, or regulations issued by the Governor during a period of a state of emergency will terminate on the 15th day following the date of issuance, unless the Legislature approves a greater period of time by way of a concurrent resolution. The constitutional amendment prohibits the Governor from issuing an order, rule, or regulation to the same or substantially the same effect as the one terminated pursuant to the amendment for the same emergency. The constitutional amendment does not apply to orders, rules, or regulations: (1) rescinding an order, rule, or regulation issued pursuant to the "Civil Defense and Disaster Control Act," or a successor State statute; (2) issued pursuant to direction by or agreement with the federal government, in compliance with federal law, or to the extent that application of the bill would jeopardize the receipt of federal funds by the State; (3) applying exclusively to the executive branch; (4) issued under the Governor's authority as the Commander-in-Chief of the military and naval forces of the State; or (5) issued pursuant to a provision of law providing for a greater period, notwithstanding that the order, rule, or regulation may also cite to an authority provided under the "Civil Defense and Disaster Control Act," or a successor State statute.

AI Summary

This joint resolution proposes a constitutional amendment that would limit the Governor's emergency orders, rules, or regulations to a maximum of 14 days during a state of emergency. After 14 days, such orders would automatically terminate unless the Legislature approves an extension through a concurrent resolution. The Governor would be prohibited from issuing a substantially similar order for the same emergency. Important exceptions to this 14-day limit include orders related to federal law compliance, those exclusively applying to the executive branch, orders issued under the Governor's role as Commander-in-Chief of military forces, and orders rescinding previous emergency declarations. If approved, this amendment would require a public vote at a general election, with voters choosing whether to support limiting the Governor's emergency powers. The resolution aims to provide greater legislative oversight during emergency situations by preventing prolonged unilateral executive action without explicit legislative approval, while still maintaining flexibility for critical government functions and federal compliance.

Committee Categories

Government Affairs

Sponsors (6)

Last Action

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

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