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Ex. NJ-053 Order Primary source read

P.L. 2021, c. 103

An Act concerning emergency health powers and supplementing Title 26 of the Revised Statutes (expiration and continuation of COVID-19 executive orders, administrative orders, directives and waivers after the Public Health Emergency)

New Jersey Legislature (Assembly Bill No. 5820); approved by Governor Philip D. Murphy · New Jersey (State)

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The record

Jurisdiction
New Jersey
Level
State
Authority
N.J. Const. art. IV; supplementing Title 26 (N.J.S.A. 26:13-32 to -36)
Issued
2021-06-04 June 4, 2021
Effective
2021-06-04 (sec. 6: "This act shall take effect immediately") (read as 2021-06-04)
End
Sec. 1: unlisted EHPA-based executive orders expired July 4, 2021; listed orders (EOs 106, 111, 112, 123, 127, 150, 159, 170, 178, 207, 229, 233, 237 and the most recent general mitigation order) to January 1, 2022; sec. 3(a): agency administrative orders, directives and waivers to January 11, 2022 unless explicitly revoked; sec. 3(c): DOH staffing-ratio, overtime, shift and vacation waivers to September 1, 2021; sec. 2: health care immunity to September 1, 2021; sec. 5: continuing authority for vaccination, testing, resource allocation, data and CDC-recommendation orders to January 11, 2022 (read as 2021-07-04)
In force
June 4, 2021 to July 4, 2021
Quarters
2021 Q22021 Q3
Limitation types
Emergency declarationHealth care ordersVaccination or testingOther
Addressees
  • the Governor
  • heads of State agencies
  • every person subject to the continued orders and directives
Functions reached
  • fixes what was in force July 1 - Sept. 30, 2021: the listed executive orders, every unrevoked agency directive and waiver, and the Governor's continuing power to order vaccination, testing and CDC-recommendation measures
Collection
New Jersey NJ

Operative words

Sec. 1 (C.26:13-32): "All executive orders issued by the Governor prior to the effective date of this act... that relied on the existence of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, shall expire 30 days following the effective date of this act, with the exception of the executive orders listed in this section that shall remain in effect until January 1, 2022.... (14) The most recent executive order containing general coronavirus disease 2019 (COVID-19) mitigation measures regarding face coverings, social distancing, and gatherings prior to the effective date of this act". Sec. 3(a) (C.26:13-34): "the force and effect of any administrative order, directive, or waiver issued by the head of a State agency that relied on the existence of the public health emergency... shall expire on January 11, 2022. Such administrative order, directive, or waiver may be continued and may be modified by the head of a State agency, unless such administrative order, directive, or waiver is explicitly revoked, until January 11, 2022." Sec. 4 (C.26:13-35): "The state of emergency declared in Executive Order No. 103 of 2020, as extended, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) shall remain in effect until terminated by the Governor." Sec. 5 (C.26:13-36): after termination "the Governor, Commissioner of Health, and the head of any other State agency may issue orders, directives, and waivers... related to (1) vaccination distribution, administration, and management, (2) COVID-19 testing, (3) health resource and personnel allocation, (4) data collection... (5) coordination of local health departments, and (6) implementation of any applicable recommendations of the Centers for Disease Control and Prevention to prevent or limit the transmission of COVID-19, including in specific settings."

Enforcement

Statute; continued orders and directives carry their own penalties

Notes

The Legislature's own statement that New Jersey's emergency regime did not end on June 4, 2021: it kept fourteen categories of executive orders alive to January 1, 2022 and every agency directive to January 11, 2022, and it authorized the health-care, school and child-care mandates of August and September 2021.

Retrieval note

Read from the Legislature's enrolled-law page (rendered to PDF).