Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.

ACR141

ASSEMBLY CONCURRENT RESOLUTION No. 141

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Assemblyman� GREGORY P. MCGUCKIN

District 10 (Monmouth and Ocean)

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Proposes constitutional amendment to limit effective
period of certain emergency orders, rules, or regulations issued by Governor to
14 days.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution
proposing to amend
Article V, Section I of the New Jersey Constitution by adding a new paragraph.

����
Be It
Resolved
by the
General Assembly
of the State
of New Jersey (the
Senate
concurring):

���� 1.��� The following proposed
amendment to the Constitution of the State of New Jersey is hereby agreed to:

PROPOSED AMENDMENT

���� Amend
Article V, Section I, by adding a new paragraph 16 to read as follows:

���� 16.� Any emergency order,
rule, or regulation issued by the Governor during a period of a state of
emergency shall terminate on the 15th

day following the date of
issuance, unless approved for a greater period by the Legislature pursuant to a
concurrent resolution.� The Governor shall not issue, for the same emergency,
an order, rule, or regulation to the same or substantially the same effect as
the one terminated pursuant to this paragraph.� This paragraph shall not apply
to any order, rule, or regulation: (a) rescinding an order, rule, or regulation
issued pursuant to the New Jersey �Civil Defense and Disaster Control Act,�
P.L.1942, c.251 (C.App.A:9-33 et seq.), or a successor State statute; (b)
issued pursuant to direction by or agreement with the federal government, in
compliance with federal law, or such that application of this paragraph would
jeopardize the receipt of federal funds by this State; (c) applying exclusively
to any or all of the executive and administrative offices, departments, and
instrumentalities of the State government; (d) issued under the authority of
the Governor as the Commander-in-Chief of all the military and naval forces of
the State; or (e) issued pursuant to any other provision of law providing for a
greater period, notwithstanding that such order, rule, or regulation invokes
any authority under the provisions of the New Jersey �Civil Defense and
Disaster Control Act,� P.L.1942, c.251 (C.App.A:9-33 et seq.), or a successor
State statute.

���� 2.��� When this proposed
amendment to the Constitution is finally agreed to pursuant to Article IX,
paragraph 1 of the Constitution, it shall be submitted to the people at the
next general election occurring more than three months after the final
agreement and shall be published at least once in at least one newspaper of
each county designated by the President of the Senate, the Speaker of the
General Assembly and the Secretary of State, not less than three months prior
to the general election.

���� 3.��� This proposed amendment
to the Constitution shall be submitted to the people at that election in the
following manner and form:

���� There shall be printed on each
official ballot to be used at the general election, the following:

���� a.���� In every municipality
in which voting machines are not used, a legend which shall immediately precede
the question as follows:

���� If you favor the proposition
printed below make a cross (X), plus (+), or check (
a
) in the square opposite the word "Yes." If you are
opposed thereto make a cross (X), plus (+) or check (
a
) in the square opposite the
word "No."

���� b.��� In
every municipality the following question:

CONSTITUTIONAL
AMENDMENT TO LIMIT THE EFFECTIVE PERIOD OF CERTAIN EMERGENCY ORDERS, RULES OR
REGULATIONS ISSUED BY THE GOVERNOR

YES

���� Do you approve amending the
Constitution to limit to 14 days certain orders issued by the Governor for an
emergency?

���� The amendment would also
apply to certain rules and regulations issued for an emergency.

���� Certain emergency orders
issued pursuant to federal law or those that only apply to the executive
branch of State government would not be limited to 14 days.� The Governor
could also issue orders concerning the New Jersey National Guard without a
time limit.

���� The Legislature may approve
a longer period of time that emergency orders, rules, or regulations be in
effect.

INTERPRETIVE
STATEMENT

NO

���� This constitutional
amendment would limit to 14 days certain orders, rules, or regulations issued
by the Governor for an emergency.

���� Currently, State law allows
the Governor to issue orders, rules, or regulations in response to an
emergency.� There is no time limit on such orders, rules, or regulations.

���� This amendment would require
certain emergency orders, rules, or regulations issued by the Governor to end
after 14 days.

���� Emergency orders, rules, or
regulations that apply only to the executive branch, are required by federal
law, or are issued under the Governor�s power as head of the New Jersey
National Guard are not subject to a time limit.

���� The Legislature may approve
a longer period of time that emergency orders, rules, or regulations be in
effect.

���� A �yes� vote would change
the Constitution to limit to 14 days certain emergency orders, rules, or
regulations issued by the Governor.

���� A �no� vote would leave the
Constitution unchanged.� The Governor would continue to decide how long an
emergency order, rule, or regulation will last when State law does not
provide a limit.

STATEMENT

���� This constitutional amendment
provides that certain emergency orders, rules, or regulations issued by the
Governor during a period of a state of emergency will terminate on the 15th day
following the date of issuance, unless the Legislature approves a greater
period of time by way of a concurrent resolution.� The constitutional amendment
prohibits the Governor from issuing an order, rule, or regulation to the same
or substantially the same effect as the one terminated pursuant to the
amendment for the same emergency.

���� The constitutional amendment
does not apply to orders, rules, or regulations:

���� (1)�� rescinding an order,
rule, or regulation issued pursuant to the �Civil Defense and Disaster Control
Act,� or a successor State statute;

���� (2)�� issued pursuant to
direction by or agreement with the federal government, in compliance with
federal law, or to the extent that application of the bill would jeopardize the
receipt of federal funds by the State;

���� (3)�� applying exclusively to
the executive branch;

���� (4)�� issued under the
Governor�s authority as the Commander-in-Chief of the military and naval forces
of the State; or

���� (5)�� issued pursuant to a
provision of law providing for a greater period, notwithstanding that the
order, rule, or regulation may also cite to an authority provided under the
�Civil Defense and Disaster Control Act,� or a successor State statute.