Permits Legislature to terminate certain declarations by Governor for state of emergency or public health emergency and limits duration of such declarations unless Legislature approves extension.

A4040

ASSEMBLY, No. 4040

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Permits Legislature to terminate certain declarations
by Governor for state of emergency or public health emergency and limits
duration of such declarations unless Legislature approves extension.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the Governor�s declarations under
certain emergencies, and supplementing P.L.1942, c.251 (C.App.A:9-33 et seq.)
and P.L.2005, c.222 (C.26:13-1 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� a.� A state of emergency
declaration issued by the Governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et
seq.) may be terminated by the Legislature by concurrent resolution if the
resolution receives a two-thirds affirmative vote of the authorized membership
of each House of the Legislature.�

���� A state of emergency
declaration issued by the Governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et
seq.) shall terminate automatically 60 days after the date of issuance unless
an extension is authorized by the Legislature.� The Legislature may authorize,
after a notice required in subsection e. of this section is received, as many
extensions of not less than 30 days, but not more than 90 days, by concurrent
resolution as receive a majority vote of the authorized membership of each
House of the Legislature.

���� b.� The Governor shall not
issue for the same emergency a declaration to the same or substantially same
effect as one that has been terminated pursuant to subsection a. of this
section or section 3 of this act, P.L.�� , c.��� (C.�� )(pending before the Legislature
as this bill), except in accordance with a law that permits the issuance of
another declaration specifically for that emergency.�

���� c.� The Legislature may
conduct the vote on any concurrent resolution specified in this section or in
section 3 of this act, P.L.�� , c.������ (C.����� )(pending before the
Legislature as this bill), by any means it deems necessary and appropriate,
including, but not limited to, in person, by teleconference, and remotely by
electronic means.

���� d.� For the purpose of this
section, �same emergency� means the initial event or events that gave rise to
the emergency declaration that has been terminated, and any event that occurs
subsequent to the initial event or events as a direct result, continuation, or
consequence of the initial event or events or the origin of which can be traced
directly to the initial event or events.�

���� e.� The Governor shall notify
the Legislature in writing of the need for an extension of any state of
emergency declaration issued pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.)
at least seven business days before an extension is authorized by the Legislature
pursuant to subsection a. of this section.� The notice shall provide
information on the need for the extension of such declaration and the threat to
the public health or safety that requires the extension.

���� When notice cannot be given at
least seven business days before an extension is authorized by the Legislature,
the notice shall be given by the Governor as soon as possible, but not later
than at least

24 hours before the extension is authorized, and the notice shall include an
explanation of why the notice could not have been given at least seven days
before the extension.�

���� f.� The Governor shall receive
and publish in the New Jersey Register any comments from the chairs and ranking
minority members of the relevant standing reference committees of the
Legislature on any notice given in accordance with subsection e. of this section.�
The publication shall include a response from the Executive Branch.� The
comments may be received before or after an extension is granted pursuant to
this act, P.L.�� , c.�� (pending before the Legislate as this bill), and shall
not affect the validity thereof.�

���� g.� If the Governor fails to
provide the notice required by subsection e. of this section for an extension,
the state of emergency declaration shall terminate unless an extension of the
declaration is approved, after the notice required in subsection e. of this
section is received, by the Legislature by concurrent resolution that receives
a majority vote of the authorized membership of each House of the Legislature.�

���� h.� This section shall not
apply to any declaration:

���� (1) rescinding an order, rule,
or regulation issued pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.);

���� (2) applying exclusively to
any or all of the executive and administrative offices, departments, and
instrumentalities of the Executive Branch of State government; or

���� (3) issued under the authority
of the Governor as the Commander-in-Chief of all the military and naval forces
of the State.�

���� 2.� a.� A public health
emergency declaration issued by the Governor pursuant to P.L.2005, c.222
(C.26:13-1 et seq.) may be terminated by the Legislature by concurrent
resolution if the resolution receives a two-thirds affirmative vote of the
authorized membership of each House of the Legislature.�

���� A public health emergency
declaration issued by the Governor pursuant to P.L.2005, c.222 (C.26:13-1 et
seq.) may be renewed by the Governor for only one additional period of 30 days
and the declaration then shall terminate automatically unless an extension is
authorized by the Legislature.� The Legislature may authorize, after a notice
required in subsection e. of this section is received, as many extensions of
not less than 30 days, but not more than 90 days, by concurrent resolution as
receive a majority vote of the authorized membership of each House of the
Legislature.

���� b.� The Governor shall not
issue for the same emergency a declaration to the same or substantially same
effect as one that has been terminated pursuant to subsection a. of this
section or section 3 of this act, P.L.�� , c.��� (C.�� )(pending before the Legislature
as this bill), except in accordance with a law that permits the issuance of
another declaration specifically for that emergency.�

���� c.� The Legislature may
conduct the vote on any concurrent resolution specified in this section or in
section 3 of this act, P.L.�� , c.������ (C.����� )(pending before the
Legislature as this bill), by any means it deems necessary and appropriate,
including, but not limited to, in person, by teleconference, and remotely by
electronic means.

���� d.� For the purpose of this
section, �same emergency� means the initial event or events that gave rise to
the emergency declaration that has been terminated, and any event that occurs
subsequent to the initial event or events as a direct result, continuation, or
consequence of the initial event or events or the origin of which can be traced
directly to the initial event or events.�

���� e.� The Governor shall notify
the Legislature in writing of the need for an� extension of any public health
emergency declaration issued pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) at
least seven business days before an extension is authorized by the Legislature
pursuant to subsection a. of this section.� The notice shall provide
information on the need for the extension of such declaration and the threat to
the public health or safety that requires the extension.

���� When notice cannot be given at
least seven business days before an extension is authorized by the Legislature,
the notice shall be given by the Governor as soon as possible, but not later
than at least 24 hours before the extension is authorized, and the notice shall
include an explanation of why the notice could not have been given at least
seven days before the extension.�

���� f.� The Governor shall receive
and publish in the New Jersey Register any comments from the chairs and ranking
minority members of the relevant standing reference committees of the
Legislature on any notice given in accordance with subsection e. of this section.�
The publication shall include a response from the Executive Branch.� The
comments may be received before or after an extension is granted pursuant to
this act, P.L.�� , c.�� (pending before the Legislate as this bill), and shall
not affect the validity thereof.�

���� g.� If the Governor fails to
provide the notice required by subsection e. of this section for an extension,
the public health emergency declaration shall terminate automatically unless an
extension of the declaration is approved, after the notice required in
subsection e. of this section is received, by the Legislature by concurrent
resolution that receives a majority vote of the authorized membership of each
House of the Legislature.�

���� h.� This section shall not
apply to any declaration:

���� (1) rescinding an order, rule,
or regulation issued pursuant to P.L.2005, c.222 (C.26:13-1 et seq.);

���� (2) applying exclusively to
any or all of the executive and administrative offices, departments, and
instrumentalities of the Executive Branch of State government; or

���� (3) issued under the authority
of the Governor as the Commander-in-Chief of all the military and naval forces
of the State.�

���� 3.��� a.� Any state of
emergency declaration issued by the Governor pursuant to P.L.1942, c.251
(C.App.A:9-33 et seq.) and any public health emergency declaration issued by
the Governor pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) to address the
COVID-19 pandemic or any other emergency that is in effect on the effective
date of this act, P.L.�� , c.�� (pending before the Legislature as this bill),
and:

���� (1) that has been in effect
for more than 60 days as of that effective date, or

���� (2) that has been in effect
for 60 days or less but was issued for the same emergency as the term is
defined in sections 1 and 2 of this act and has the same or substantially the
same effect as a declaration that was issued more than 60 days prior to the
effective date,

���� shall terminate automatically
on the effective date of this act unless, on the day that this act has passed
both Houses of the Legislature, or has passed both Houses of the Legislature
after amendments recommended by the Governor have been made to the act or after
objections to the bill have been received from the Governor, whichever occurs
later, a concurrent resolution to extend the state of emergency declaration or
public health emergency declaration, or both, for not less than 30 days, but
not more than 90 days, receives a majority vote of the authorized membership of
each House of the Legislature.�

���� If a concurrent resolution
authorizes an extension of either or both declarations, any additional
extensions shall be authorized or permitted only in accordance with sections 1
and 2 of this act, P.L. , c.��� (C.������� )(pending
before the Legislature as this bill).

���� b.� Except as provided in
subsection a. of this section, sections 1 and 2 of this act, P.L.��� , c.���
(C.������� )(pending before the Legislature as this bill), shall apply to any
state of emergency declaration or public health emergency declaration issued
after the effective date of this act or issued within 60 days prior to the
effective date of this act.��

���� 4.��� Nothing in this act,
P.L.�� , c.�� (pending before the Legislature as this bill), shall be construed
as limiting the authority of the Governor to designate a state of emergency as
may be authorized under the annual appropriations act, for the sole and limited
purpose of establishing� the eligibility of the State to receive federal funds,
provided, however, no such emergency declaration shall under any circumstances
serve as the basis for invoking any authority or powers set forth in P.L.1942,
c.251 (C.App.A:9-33 et seq.) or P.L.2005, c.222 (C.26:13-1 et seq.).

���� 5.��� This act shall take
effect immediately.�

STATEMENT

���� This bill provides for the
termination of a state of emergency declaration issued by the Governor pursuant
to P.L.1942, c.251 (C.App.A:9-33 et seq.) or a public health emergency
declaration issued pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) by the Legislature
by concurrent resolution if the resolution receives a two-thirds affirmative
vote of the authorized membership of each House of the Legislature.�� Also, the
bill limits the duration of a state of emergency to 60 days after the date of
issuance 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).�
The bill permits the Legislature to authorize, after a notice required in this
bill is received, an extension of the state of emergency declaration or public
health emergency declaration, with as many extensions of not less than 30 days,
but not more than 90 days, by concurrent resolution that receives a majority
vote of the authorized membership of each House of the Legislature.�

���� 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.�

���� The bill permits the
Legislature to conduct the vote on any concurrent resolution specified in the
bill by any means it deems necessary and appropriate, including, but not
limited to, in-person, teleconference, and remotely by electronic means.

���� For the purpose of this bill,
�same emergency� means the initial event or events that gave rise to the
emergency declaration that has been terminated, and any event that occurs
subsequent to the initial event or events as a direct result, continuation, or
consequence of the initial event or events or the origin of which can be traced
directly to the initial event or events.�

���� The bill requires the Governor
to notify the Legislature in writing of the need for an extension of any state
of emergency declaration or public health emergency declaration at least seven
business days before an extension is authorized by the Legislature pursuant to
this bill.� The notice will provide information on the need for the extension
of such declaration and the threat to the public health or safety that requires
the extension.

���� When notice cannot be given at
least seven business days before an extension is authorized by the Legislature,
the notice has to be given by the Governor as soon as possible, but not later
than at least 24 hours before the extension is authorized, and the notice has
to include an explanation of why the notice could not have been given at least
seven days before the extension.�

���� Under the bill, the Governor
will receive and publish in the New Jersey Register any comments from the
chairs and ranking minority members of the relevant standing reference
committees of the Legislature on any notice given in accordance with this
bill.� The publication is to include a response from the Executive Branch.�

���� If the Governor fails to
provide the notice required by this bill for an extension, the state of
emergency declaration or public health emergency declaration will be terminated
unless an extension of the declaration is approved, after the notice required
in the bill is received, by the Legislature by concurrent resolution that
receives a majority vote of the authorized membership of each House of the
Legislature.�

���� The provisions of the bill do
not apply to any state of emergency declaration or public health emergency
declaration:

���� (1) rescinding an order, rule,
or regulation issued pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) or to
P.L.2005, c.222 (C.26:13-1 et seq.);

���� (2) applying exclusively to
any or all of the executive and administrative offices, departments, and
instrumentalities of the Executive Branch of State government; or

���� (3) issued under the authority
of the Governor as the Commander-in-Chief of all the military and naval forces
of the State.�

���� The bill provides that any
state of emergency declaration issued by the Governor and any public health
emergency declaration issued by the Governor to address the COVID-19 pandemic
or any other emergency that is in effect on the effective date of the bill, and

���� (1) that has been in effect
for more than 60 days as of that effective date, or

���� (2) that has been in effect
for 60 days or less but was issued for the same emergency as the term is
defined in the bill and has the same or substantially the same effect as a
declaration that was issued more than 60 days prior to the effective date,

���� will terminate automatically
on the effective date of this bill unless, on the day that this bill has passed
both Houses of the Legislature, or has passed both Houses of the Legislature
after amendments recommended by the Governor have been made to the act or after
objections to the bill have been received from the Governor, whichever occurs
later, a concurrent resolution to extend the state of emergency declaration or
public health emergency declaration, or both, for not less than 30 days, but
not more than 90 days, receives a majority vote of the authorized membership of
each House of the Legislature.�

���� The termination and extension
provisions of the bill will apply to any state of emergency declaration or
public health emergency

declaration issued pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) or
P.L.2005, c.222 (C.26:13-1 et seq.) after the effective date or within 60 days
prior to the effective date of this bill.� Any other emergency declaration
issued pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) or P.L.2005, c.222
(C.26:13-1 et seq.) that is in effect on the date of enactment will
automatically terminate upon enactment unless the Legislature authorizes an
extension by concurrent resolution.�

���� The bill provides that it is
not to be construed as limiting the authority of the Governor to designate a
state of emergency as may be authorized under the annual appropriations act,
for the sole and limited purpose of establishing the eligibility of the State
to receive federal funds. However, no such emergency declaration may under any
circumstances serve as the basis for invoking any authority or powers set forth
in P.L.1942, c.251 (C.App.A:9-33 et seq.) or P.L.2005, c.222 (C.26:13-1 et
seq.).� �