{"id":"DUT-NJ-001","kind":"duty","level":"state","jurisdiction":"New Jersey","state":"NJ","metro":"","industry":"","agency":"","eco":"","issuer":"New Jersey Legislature (211th Legislature); approved by Acting Governor Richard J. Codey","authority":"Legislative enactment; codified at N.J.S.A. 26:13-1 to -31 (Emergency Health Powers Act)","instrument":"P.L. 2005, c. 222 (Emergency Health Powers Act), as enacted; N.J.S.A. 26:13-1 to -31, including 26:13-3 (declaration; countermeasures), 26:13-8 (closure, evacuation, decontamination of facilities), 26:13-12 (measures to prevent transmission), 26:13-15 (isolation and quarantine; duty to obey), and section 31 amending R.S. 26:4-2","title":"An Act concerning emergency health powers, supplementing Title 26 of the Revised Statutes, and amending R.S.26:4-2, 26:8-62, 34:15-43 and 34:15-75","dateIssued":"2005-09-14","effective":"2005-09-14 (s. 36: \u0027This act shall take effect immediately\u0027); powers exercisable during a declared public health emergency (declared Mar. 9, 2020, EO 103, Ex. NJ-001; terminated June 4, 2021, EO 244, Ex. NJ-052)","end":"standing","startDate":"2005-09-14","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","QUAR","EMER"],"addressees":["owners or persons in control of premises (any \u0027facility\u0027); persons generally (isolation and quarantine); health care facilities (hearing right, 26:13-8(a)(2))"],"clause":"8. During a state of public health emergency, the commissioner may exercise the following powers over facilities or property: a. Facilities. To close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health.","enforcement":"Closure by written order (26:13-8(a)(1)); court-enforced isolation and quarantine (26:13-15); violation of the Governor\u0027s orders under the declared emergency is a disorderly-persons offense under N.J.S.A. App. A:9-49 (Ex. DUT-NJ-006); the 2005 act carries no free-standing fine section","functions":[],"notes":"During the declared public health emergency the Commissioner of Health could close, evacuate or decontaminate any facility reasonably believed to endanger the public health, take \u0027all reasonable and necessary measures to prevent the transmission of infectious disease\u0027 (26:13-12), and order isolation and quarantine that the subject \u0027shall obey\u0027 (26:13-15(d)(1)), and the declaring order could \u0027prescribe necessary actions or countermeasures to protect the public\u0027s health\u0027 (26:13-3(a)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://pub.njleg.gov/bills/2004/PL05/222_.PDF","snapshot":"","fileExists":true,"fileBytes":89443,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-NJ","url":"/library/DUT-NJ-001","exhibitUrl":"/exhibit/DUT-NJ-001","citation":"New Jersey Legislature (211th Legislature); approved by Acting Governor Richard J. Codey, P.L. 2005, c. 222 (Emergency Health Powers Act), as enacted; N.J.S.A. 26:13-1 to -31, including 26:13-3 (declaration; countermeasures), 26:13-8 (closure, evacuation, decontamination of facilities), 26:13-12 (measures to prevent transmission), 26:13-15 (isolation and quarantine; duty to obey), and section 31 amending R.S. 26:4-2 (standing) (Ex. DUT-NJ-001)","stateName":"New Jersey","related":["NJ-001","NJ-052","DUT-NJ-007","NJ-036","DUT-NJ-006","DUT-NJ-002"]}