Monmouth Lawmaker Introduces Bill That Would Limit Gov.'s Power

MIDDLETOWN, NJ — The Republican state Senator who represents Monmouth County introduced a bill this January that would severely limit how much power a governor has in declaring a state of emergency, or a public health emergency.

Senator Declan O’Scanlon's bill — should it become law — would even give the state Legislature the authority to terminate an emergency declaration by the governor, as long as there is a two-thirds vote of the Legislature.

The idea that the state Legislature could overturn a state of emergency is unprecedented in New Jersey government, and in other U.S. states.

The bill takes direct aim at Gov. Phil Murphy, who has implemented — and renewed — multiple states of emergency since the coronavirus pandemic started nearly two years ago.

“At a certain point, we have to be willing to accept that this is no longer an emergency, it’s everyday life,” said O’Scanlon. “It doesn’t matter whether you agree or disagree with the governor’s policies: Our current law leaves too much power in the hands of one person, be he/she a Democrat or a Republican."

The bill, S-1200, would limit the duration of a state of emergency to 60 days unless an extension is authorized by the Legislature. His bill would also limit a public health emergency declaration to 60 days, again unless an extension is authorized by the Legislature.

Currently, a New Jersey governor does not need approval from the Legislature to either declare or extend a state of emergency.

The way New Jersey law is written, once a governor declares a public health emergency or state of emergency, he or she can unilaterally issue executive orders, such as telling the public to stay off the roads in a snowstorm, or closing schools in a pandemic. He needs no agreement from state lawmakers.

From rent moratoriums to the school mask mandate, Gov. Murphy has issued dozens of "EOs" or executive orders since the pandemic started; you can read them all here.

The Monmouth County Republican lawmaker said he is just trying to restore the balance of government, as written in the state constitution.

“Since the start of the pandemic, New Jerseyans have been shocked and outraged by extremely intrusive government mandates that have been issued under the emergency powers assumed by the governor and executive branch,” said O’Scanlon. “It’s unfathomable to many people that our laws would allow a single person to wield such an astonishing amount of authority with virtually no oversight."

"Every other state in the nation currently provides more legislative oversight than does New Jersey," he added. "Our system is clearly an outlier."

O'Scanlon said even some Democratic lawmakers have signed on onto his bill, but he did not name who. The bill is currently in committee.

O'Scanlon also said he supports this bill introduced last week by brand-new South Jersey state Sen. Edward Durr (R), which would require NJ schools obtain approval from parents before mandating children use "medical devices." The FDA technically considers a mask a medical device.

O'Scanlon represents New Jersey's thirteenth legislative district, which includes Aberdeen, Atlantic Highlands, Fair Haven, Hazlet, Highlands, Holmdel, Keansburg, Keyport, Little Silver, Marlboro, Middletown, Monmouth Beach, Oceanport, Sea Bright, Rumson and Union Beach.

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