The COVID Project
The record
- Jurisdiction
- New Jersey (Governor; State Director of Emergency Management / Superintendent of State Police); State level · New Jersey
- Level
- State
- Authority
- N.J.S.A. App. A:9-34, -51
- Issued
- 2020-04-02 Apr. 2, 2020
- Effective
- 2020-04-02 (immediately) (read as 2020-04-02)
- End
- Until revoked or modified by the Governor; not among the orders expressly rescinded before June 4, 2021 (read as 2021-06-04)
- In force
- Apr. 2, 2020 to June 4, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Supply chainOther
- Addressees
- State Director of Emergency Management
- every person or entity in the State or doing business in the State
- holders of medical resources (hospitals, health care facilities, manufacturers, distributors, businesses)
- municipalities and counties (preemption clause)
- Functions reached
- SC every holder, distributor and manufacturer of PPE and medical equipment in the State (property subject to taking)
- OP
- CB customers whose ordered goods could be redirected by the State
- Collection
- State corrections, emergency management and Guard AGY-ST-CORRECTIONS-EMA-GUARD
Operative words
1. The State Director of Emergency Management, who is the Superintendent of State Police, is hereby authorized and empowered to exercise the full authority afforded to the Governor under the Disaster Control Act to take or use personal services and/or real or personal property, including medical resources, for the purpose of protecting or promoting the public health, safety, or welfare.... 3. It shall be the duty of every person or entity in this State or doing business in this State... to cooperate fully in all matters concerning this Executive Order, and to cooperate fully with Administrative Orders issued pursuant to this Executive Order. 4. No municipality, county, or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance, or resolution which will or might in any way conflict with any of the provisions of my Executive Order.
Enforcement
Compensation 'following the procedures established by the Disaster Control Act, N.J.S.A. App. A:9-51' (para. 2); duty to cooperate (para. 3); penalties under N.J.S.A. App. A:9-49, -50
Notes
The State-level Defense Production Act analogue in its strongest form: a standing commandeering power over private medical inventories, exercised through the Superintendent of State Police in consultation with the Commissioner of Health. Reached medical distributors, dental and veterinary practices and construction firms holding N95 stock, and every hospital purchasing department.