⏳NJ Legislative Update; Extension Of Governor's Emergency Executive Authority

One of the most contentious and pressing issues facing New Jerseyans is the possibility of extending Covid-19 executive orders through legislative approval on the final day of the voting.

The current law requires a vote prior to Jan 11, 2022 extending Governor Murphy's authority to maintain executive orders, including those concerning masking, testing and vaccination requirements.

The last voting session of the 219th Legislature of the State of New Jersey is Monday January 10, 2022.

(In case you're wondering, legislators who won races in November 2021 will be sworn into office on the following day to begin the 220th Legislature.)

Dozens of bills are listed for votes which could lead to final passage by legislators and move to the governor's desk for approval, veto, requests for amendments or other changes as described in the law.

*Neither the bills or resolutions described and linked below have been officially listed yet on the NJ Legislature website for the Jan. 10, 2022 voting sessions. This info is current as of press time - Jan. 7, 2022,  5pm Eastern Time.

Here are some things that you need to know:

📍The current law passed in June 2021 allows for a 90 day extension of the active, current versions of executive orders, waivers and directives.

📍The same law requires that both houses - NJ Senate and General Assembly - pass a resolution to agree with the extension of the same orders, waivers and directives listed within as communicated by the governor to the legislature.

📍The current law referred to above provides for amendments of the orders, waivers and directives by the governor or head of state agency prior to January 11, 2022. The individual changes in and of themselves are not required to be voted on by members of the legislature prior to being agreed to through the resolution process confirming extension of authority described above.

📍On Thursday Jan. 6, 2022 identical bills (S-4313 and A-6261) were introduced on an emergency basis to the NJ Senate and Assembly amending the same law referred to above by changing the duration of the extension from 90 days to 45 days.

📍There is currently an Assembly resolution (ACR-223) introduced on Jan. 6, 2022 to extend the governor's emergency authority for 45 days published on the NJ Legislature website. It relies on passing the bills listed above. The resolution lists all of the executive orders, etc. that are to be included in the extension.

📍There is currently a Senate resolution (SCR-165) introduced on Jan. 6, 2022 to extend the governor's emergency authority for 90 days as written in the current law. It includes language referencing the Covid-19 case surge as the factor requiring a full 90 day extension.

There's no indication regarding which timeline (and associated bills or resolution) will be the final version that all members have the opportunity to debate and potentially amend on the respective floors of the NJ Senate and General Assembly.

Ultimately, passage of a resolution - in agreement - by both the NJ Senate and Assembly extending the governor's authority must occur to grant an extension and maintain the executive orders beyond January 11, 2022.

WANJ will be following this closely. Check back for updates and late-breaking developments.