ASSEMBLY, No. 6261

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 6, 2022

 


 

Sponsored by:

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Permits certain administrative orders, directives, and waivers issued for the COVID-19 public health emergency to be extended for 45 days.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the expiration of certain administrative orders, directives, and waivers issued for the COVID-19 public health emergency and amending P.L.2021, c.103.

 

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

 

     1.  Section 3 of P.L.2021, c.103 (C.26:13-34) is amended to read as follows:

     3.  a.  Following the termination of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, 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 declared by the Governor in Executive Order No. 103 of 2020, as extended, 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.

     b.  Notwithstanding subsection a. of this section, the Governor shall notify the Legislature by January 1, 2022 if the Governor determines that it is necessary or appropriate to continue for an additional [90] 45 days beyond January 11, 2022 any administrative order, directive, or waiver issued by the head of a State agency that relied on the existence of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended.  The administrative orders, directives, or waivers shall be extended for an additional [90] 45 days if each House of the Legislature passes a concurrent resolution to continue any such administrative order, directive, or waiver.  Any administrative order, directive, or waiver as to which the Governor does not provide notification to the Legislature or as to which both Houses of the Legislature do not pass a concurrent resolution to continue shall expire on January 11, 2022.

     c.  Notwithstanding subsection a. of this section, the provisions of any administrative order, directive, or waiver issued by the Department of Health that relied on the existence of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, governing staffing ratios, overtime, shifts, and vacation time shall remain in force and effect until September 1, 2021, at which time all such provisions of administrative orders, directives, and waivers governing staffing ratios, overtime, shifts, and vacation time shall be superseded by relevant provisions of laws, regulations, or collective bargaining agreements in effect on that date.

(cf: P.L.2021, c.103, s.3)

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Under current law (P.L.2021, c.103), the COVID-19 Public Health Emergency ended on July 4, 2021, except that certain administrative orders, directives, and waivers issued in response to the public health emergency were extended until January 11, 2022.  However, current law also provides that following the termination of the COVID-19 Public Health Emergency, the Governor must notify the Legislature by January 1, 2022 if the Governor determines that it is necessary or appropriate to continue for an additional 90 days beyond January 11, 2022 any administrative order, directive, or waiver issued by the head of a State agency that relied on the existence of the public health emergency.  Under current law, the administrative orders, directives, or waivers would be extended for an additional 90 days if each House of the Legislature passes a concurrent resolution to continue the administrative order, directive, or waiver.

     This bill permits certain administrative orders, directives, and waivers issued for the COVID-19 public health emergency to be extended for 45 days (until February 25, 2022) instead of 90 days (until April 11, 2022), which is current law.