Bill Text: NJ A833 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides that when addressing emergency Governor cannot take action that is inconsistent with statutes unless irreparable harm will result.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A833 Detail]
Download: New_Jersey-2012-A833-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Provides that when addressing emergency Governor cannot take action that is inconsistent with statutes unless irreparable harm will result.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the emergency powers of the Governor and amending P.L.1942, c.251.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L. 1942, c.251 (C. App. A:9-34) is amended to read as follows:
2. The Governor is authorized to utilize and employ all the available resources of the State Government and of each and every political subdivision of this State, whether of men, properties or instrumentalities, and to commandeer and utilize any personal services and any privately owned property necessary to avoid or protect against any emergency subject to the future payment of the reasonable value of such services and privately owned property as hereinafter in this act provided. In addressing an emergency, the Governor shall not take an action that is inconsistent with the provisions of any statute unless the emergency is of a nature, scope, and type that irreparable harm to the public health, safety, or resources would result and the Governor issues an executive order indicating which statutes will not be complied with and fully explaining the specific justification for that noncompliance.
(cf: P.L.1953, c.438, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill provides that, in addressing an emergency, the Governor may not take an action that is inconsistent with the provisions of any statute unless the emergency is of a nature, scope, and type that irreparable harm to public health, safety, or resources would result and the Governor issues an executive order indicating which statutes will not be complied with and fully explaining the specific justification for that noncompliance. The bill's purpose is to reduce the possibility that an asserted emergency could be used to justify an unconstitutional intrusion on the Legislature's lawmaking prerogative.
