TRENTON, NJ – In a rare bipartisan move, New Jersey lawmakers are pushing a sweeping measure that places new limits on how long a governor can maintain a state of emergency or public health emergency without legislative approval. The legislation, co-sponsored by ten Republican and Democratic senators, gives the New Jersey Legislature authority to terminate or extend emergency declarations and curtails the open-ended executive powers that defined the state’s pandemic response.
Under the proposed law, a state of emergency automatically expires after 60 days unless extended by a majority vote of both legislative houses. Similarly, public health emergencies may last no more than 60 days in total—an initial 30-day period with one 30-day renewal by the governor—before lawmakers must authorize any continuation. The Legislature may also terminate any emergency by concurrent resolution with a two-thirds vote in both chambers.
The bipartisan sponsor list includes Senators Michael Testa, Holly Schepisi, Anthony M. Bucco, Kristin Corrado, James Holzapfel, Joseph Pennacchio, Robert Singer, Jon Bramnick, Vincent Polistina, and Parker Space.
The law comes after former New Jersey Governor Phil Murphy’s record-breaking volume and length of emergency declarations during his two terms in office.
Restoring legislative balance after pandemic powers debate
The measure is designed to rebalance power between the Executive and Legislative branches following criticism of extended emergency declarations during the COVID-19 pandemic. Lawmakers from both parties argued that indefinite extensions allowed governors to bypass normal legislative oversight.
“This bill ensures no future governor—Democrat or Republican—can rule indefinitely by emergency order,” said. “It restores the constitutional balance and gives the people’s representatives a seat at the table when long-term decisions are made.”
The law also requires the Governor to notify the Legislature at least seven business days before seeking an extension, outlining the reasons and public safety threats that justify it. If notice cannot be given in that timeframe, the Governor must provide written explanation at least 24 hours before any legislative vote on extension.
Key provisions of the new law:
- Automatic termination after 60 days for all emergency declarations unless extended by the Legislature.
- Two-thirds vote allows the Legislature to end a governor’s emergency early.
- The Governor must provide written notice and justification for extensions.
- Prevents the Governor from reissuing the same emergency declaration once terminated.
The act applies retroactively to existing emergencies that have lasted more than 60 days, requiring immediate legislative approval for continuation. It also clarifies that federal funding-related declarations—those made solely to access disaster relief—remain unaffected by the new limits.
