O’Scanlon Introduces Bipartisan Bill Limiting Emergency Powers, Ensuring Effective Legislative Oversight

Senator Declan O’Scanlon has introduced legislation that would set new limits on emergency powers, ensure effective legislative oversight, and restore the balance of power as envisioned by our state constitution.

“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,” said O’Scanlon (R-Monmouth). “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. 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. I’ve been in discussions with some of my Democrat colleagues and am proud to announce the bill will have bipartisan sponsorship.”

Under current law, a State of Emergency can remain in effect until terminated by the Governor, and a Public Health Emergency can be declared for 30 days with subsequent 30-day extensions issued at the Governor’s sole discretion.

O’Scanlon’s new bill, S-1200, limits the duration of a State of Emergency to 60 days unless an extension is authorized by the Legislature, and limits a public health emergency declaration to a total of 60 days (the initial 30 day duration and one 30-day renewal by the Governor as provided by current law) unless an extension is authorized by the legislature. (To view a PDF of the bill, click here).

Additionally, the measure provides the Legislature with the explicit authority to terminate both types of emergency declarations through a two-thirds vote of the Legislature.

Finally, the bill prohibits the Governor from issuing for the same emergency a declaration to the same or substantially same effect as one terminated pursuant to this bill, except in accordance with a law that permits the issuance of another declaration specifically for that emergency.

“This bill does absolutely nothing controversial. It simply clearly enumerates what was the original intent of our state constitution. It also is very similar to polices in many other states. In fact, every other state in the nation currently provides more legislative oversight than does NJ. Our system is clearly an outlier. The framers of our state and federal constitutions knew that a system of checks and balances in government is necessary to ensure that people have a say in the policies that impact their lives through their elected representatives,” added O’Scanlon. “Every single member of the New Jersey Legislature should want to sponsor and support this legislation, which would improve their ability to represent their constituents. To oppose this measure would be the equivalent of saying, ‘I choose not to do my job.’”

“It doesn’t matter whether you agree or disagree with the Governor’s policies…our current law leaves too much power in the hands of one person, be he/she a Democrat or a Republican. It ignores our constitution in negating the democratic, coequal branch of government model our country was founded upon. This bill simply, constructively & fairly rebalances NJ state government. No one who cares about good, balanced, fair democratic republic government can make a reasonable argument against this legislation.”

“The Governor too should support this reasonable policy if he has been honest recently when he publicly said he desires to work in conjunction with the legislature going forward. His support of this bill would simply be keeping that promise.”

The current State of Emergency declaration has been in effect since March 9, 2020, and a new Public Health Emergency was declared earlier this month after the Legislature declined to advance a resolution extending various emergency powers that had been set to expire.

“At a certain point, we have to be willing to accept that this is no longer an emergency, it’s everyday life,” said O’Scanlon. “In everyday life, we have a regular legislative process that is designed to ensure important policy decisions are vetted in an open, public, and transparent manner. Our democratic system of government functions best when it actually strives to be democratic.”

O’Scanlon first announced the new legislation on January 12.