The COVID Project
The record
- Jurisdiction
- New Jersey
- Level
- State
- Authority
- L.1942, c. 251; App. A:9-34 amended L.1953, First Sp. Sess., c. 438; App. A:9-49 amended (disorderly-persons penalty, 6 months / $1,000)
- Issued
- 2022-11-14 Nov. 14, 2022
- Effective
- standing; the Governor's orders under it took effect on promulgation (A:9-45) (read as 2022-11-14)
- End
- standing; the State of Emergency declared Mar. 9, 2020 under this act continued through Sept. 30, 2021 and beyond (Exs. NJ-052, NJ-053 s. 4)
- In force
- Standing since Nov. 14, 2022 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding dutyOther
- Addressees
- persons generally ('each and every person within this State'); every business ('doing business in this State,' as each order's duty-to-cooperate paragraph applies it); public officials
- Character
- order penalty
- Collection
- Standing duties: New Jersey DUT-NJ
Operative words
All such orders, rules and regulations having to do with the conduct of persons which shall be adopted by the Governor and promulgated as provided herein shall be binding upon each and every person within this State.... shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both
Penalty
Disorderly person: imprisonment up to 6 months or fine up to $1,000 or both (A:9-49); the same for knowingly aiding or abetting (A:9-50); prosecution in municipal court, elements proved beyond a reasonable doubt (A:9-49)
What it required
Every person in the State had to obey the Governor's emergency orders on the conduct of persons and on 'any matter that may be necessary to protect the health, safety and welfare of the people'; violating any such order (A:9-49(h)), refusing the lawful orders of any authorized person (A:9-49(f)) or aiding a violation (A:9-50) was a disorderly-persons offense, and no subdivision could enforce a rule at variance with the Governor's orders (A:9-40).
Retrieval noteThe State Office of Emergency Management's own compilation of the act (367 KB, 'Updated November 14, 2022'); the file name on the server says 1-2022. The compilation misprints A:9-49(h) as 'promulgated as provider by this act'; the statute reads 'provided.' The Appellate Division quoted A:9-45, A:9-40, A:9-49(h)-(i) and A:9-50 to the same effect in JWC Fitness (Ex. DUT-NJ-013). Every COVID-19 order's closing paragraphs ('It shall be the duty of every person or entity in this State or doing business in this State... to cooperate fully'; 'Penalties for violations of this Executive Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50') apply this act to businesses (Exs. NJ-004 paras. 24-25, NJ-011 paras. 7-8, NJ-036 paras. 11 and 13, NJ-050 paras. 20-21, NJ-051 paras. 7-8).