Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Monday, April 6, 2020

NJ Department of Health can Quarantine diseased persons

NJ Department of Health can Quarantine diseased persons

Remember back in 2014, during the Ebola outbreak,Governor Christie announced that he had signed Executive Order 164, which created a statewide Ebola Preparedness Plan ("EPP").

When a medical worker returned from Africa, the Commissioner of the New Jersey Department of Health ("DOH"Ordered Hickox's quarantine. After release Hickox tried to sue the state, but the federal court found no violation of civil rights.

NJSA 26 :4-2  Powers of State department and local board. 
     In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to:

   a.   Declare what diseases are communicable.

   b.   Declare when any communicable disease has become epidemic.

   c.   Require the reporting of communicable diseases.

   d.   Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.

   e.   Remove any person infected with a communicable disease to a suitable place, if in its judgment removal is necessary and can be accomplished without any undue risk to the person infected.

   f.   Disinfect any premises when deemed necessary.

   g.   Remove to a proper place to be designated by it all articles within its jurisdiction, which, in its opinion, shall be infected with any matter likely to communicate disease and to destroy  such articles, when in its opinion the safety of the public health requires it.

   In the event the Governor declares a public health emergency, the department shall oversee the uniform exercise of these powers in the State and the local board of health shall be subject to the department's exercise of authority under this section.

What gives the Governor the power under Executive Order to do anything without Senate approval.
I was wondering what gives the Governor the authority to do anything without Senate approval.
I researched what gives the Governor the power to close bars, VFW, Elks club, cancel weddings, running events, etc and impose restrictions in Executive Order 103. Well, he does have the power in an emergency.
   Here are some of the statutes that were invoked:

The Disaster Control Act

App.A:9-33 .  
Purpose of civilian defense act and disaster control act
This was enacted during WWII after the Japan sneak attack on Pearl Harbor

The purpose of this act is to provide for the health, safety and welfare of  the people of the State of New Jersey and to aid in the prevention of damage to and the destruction of property during any emergency as herein defined by  prescribing a course of conduct for the civilian population of this State during such emergency
Disaster Control Act

Also NJSA 26 :13-1  The "Emergency Health Powers Act." This was enacted after 911 sneak attack and concerns of bio terrorism and also at the time SARS

Wednesday, April 1, 2020

TEXT of letter from MICHAEL A. TOTO Assignment Judge to Middlesex County Judges, Attorneys, Court Administrators with an update on the status of Middlesex Courts and information to access Middlesex courts

TEXT of letter from MICHAEL A. TOTO Assignment Judge  to Middlesex County Judges, Attorneys, Court Administrators with  an update on the status of Middlesex Courts and information to access Middlesex courts
Re: To our Colleagues and Members of the Bar I hope this letter finds you well. 
I write to provide you with an update on the status of our Courts and information to access our courts as we have transferred to a mostly virtual system. 
The court is closed to the public. Signs have been posted at the entrances to the courthouses in both English and Spanish, providing contact information for all courts. We have also installed an exterior drop box at the Paterson Street entrance to receive mail for those who do not have access to electronic filing. 
Our judges and staff have the ability to work remotely and conduct business and interact with attorneys virtually through the use of Zoom and Microsoft Teams. We also have telephone conference capabilities by way of a conference bridge system. Once a date and time for a meeting is scheduled, a dial in number will be provided to counsel. 
Attorneys wishing to directly email judges during this national emergency must first request permission from that judge before doing so. Pro se litigants without access to email, who wish to file emergent applications, can drop them off in the mailbox at the Paterson Street entrance to the courthouse. 
Please be advised that in order to remain compliant with the Department of Health Guidelines, mail will not be processed for at least 24 hours after receipt. 
We also have a limited number of virtual courtrooms which will be available for hearings. 
To ensure continued access to our courts, vicinage-level email mailboxes (e.g. have been created for attorneys and parties to file for emergent relief during this public health emergency. Links to these mailboxes along with instructions for filing various types of emergent applications are on the judiciary’s public website. 
The website and telephone contact numbers for our courts are as follows: 
Chancery Criminal
Finance Deliveries/Pickup
(732) 645-4300 x88540 (732) 645-4300 x88585 (732) 645-4300 x88171 (732) 645-4300 x88171 (732) 645-4300 x88097 (732) 645-4300 x88080 (732) 645-4300 x88670 (732) 645-4300 X88010 
Paper filings or checks may be placed in the drop box next to the courthouse entrance. 
To better guide you through each of our divisions I have asked our Presiding Judges to provide you with information as it pertains to their court. 
To the Civil Practice Trial Bar: 
Since many attorneys are working remotely, a joint request for a settlement conference shall be made to the Assignment Office via E-Courts setting forth the best contact number for each attorney. 
All efforts will be made to accommodate counsel. 
We ask that attorneys seek to resolve issues without resulting to motion practice. Whenever possible, we ask that the parties consider waiving oral argument and submitting on the papers. 
To the Middlesex County Bar Association Chancery Practitioners: 
Thank you for your understanding and cooperation during this very serious health crisis. The Chancery Division is following the directives of Chief Justice Rabner and Director Glen Grant of the AOC in dealing with the crisis. Accordingly, the Chancery Division’s employees, including the Judges, are working from home and conducting proceedings via telephone and Zoom. Judge Arthur Bergman, Judge Roger Daley (who is now handling new Probate matters) and I are working remotely with our staffs and conducting as many matters as practical. While we are not at the courthouse, the staff is monitoring messages and returning phone calls. Foreclosure cases, of course, continue to be filed on E-Courts. Chancery matters may still be mailed to the courthouse, although processing has been slowed due to the fact that staff has been reduced. However, we now have an electronic mailbox for the filing of emergent applications at: This mailbox is monitored by a staff member who sorts them and directs them to the appropriate division. The AOC is also looking at the possibility of including all Chancery filings on E-Courts. If this is accomplished, we will certainly let you know. In the meantime, Judges may be reached through our secretaries and law clerks via telephone and email. Again, thank you for your understanding and stay well. 
The following information is being provided in an effort to provide guidance on some court functions during this period of transition from normal court operations to remote functioning: 
The courthouse is closed to the public due to the ongoing COVID-19 coronavirus health crisis. Judges and staff are working remotely. Motions and other documents sent to the court for filing may not be returned stamped “filed” or given a docket number until courthouse operations return to normal or until further notice. Documents may be mailed or placed in the drop box located outside the main courthouse on the Paterson Street side. 
All FRO hearings are adjourned to April 14, 2020 and dates thereafter. We are assessing the capability of resuming hearings at a future date and will provide further update as it becomes available. TROs continue to be handled through the municipal police departments. Appeals of TRO denials continue to be heard by the Superior Court. 
Pending motions are being handled by the judge assigned to the case and they are working with their law clerks to communicate with attorneys and litigants through email. All Family Judges, law clerks and secretaries’ email addresses are listed below. Management and handling of requests for oral argument will be on an individual case basis as determined by the judge. 
Orders to Show Cause continue to be processed and heard by the Superior Court. They may be sent by email to Please take into consideration that a failure to comply with parenting time under an Order does not rise to the level of an emergent matter requiring an Order to Show Cause in the absence of a threat of irreparable harm. Parenting time issues should be addressed through regular motion practice. 
ESPs will be adjourned to April 13, 2020 as we continue to develop a process to conduct them remotely. Further information on the ESP process will be forthcoming. 
Uncontested divorces can be submitted on the papers through regular mail by consent. Please ensure the proposed form of Judgment includes the language “Consent to the form and entry” and is signed by both attorneys. Be advised that judicially signed and gold sealed Final Judgments of Divorce cannot be returned at this time and may need to await the return to normal court functions. Make sure all MSA/PSAs are included and incorporated therein. 
FM trials have been adjourned and will be case managed by the judge assigned to the case. 
CRIMINAL Guidance for Attorneys on Remote Operations: 
The following information is being provided in an effort to provide guidance on some court functions during this period of transition from normal court operations to remote functioning. Note that this is an evolving situation and we will endeavor to update you regarding changes. 
The Supreme Court has issued several Orders relative to court operations, both procedural and substantive, during the COVID-19 crisis. I urge you to monitor the website for the latest Orders and directives. Additionally, documents, such as arraignment forms, plea forms, PTI applications, etc., are available on the website. 
The courthouse is closed to the public due to the ongoing COVID-19 coronavirus health crisis. Judges and staff are working remotely. You can contact staff members at the regular numbers as we are utilizing call forwarding to enable remote answering of telephones. Additionally, our emails remain available and are monitored by staff during regular business hours and, in some cases, beyond. 
Documents can be filed through E-courts, but you should reach out to the law clerk if you file a document to ensure that it is received. Documents regarding incarcerated defendants , plea agreements, pretrial memos, or other documents can be emailed to the records department at or hand-delivered at the visitor’s lobby 24/7, and they will have the documents signed/executed by the defendant within 24 hours or less. You can then have a private telephone conference with your client to review the documents. 
A drop box has been installed outside the main courthouse on the Paterson Street side. Documents may be dropped off. DO NOT put cash in the box.
Orders to Show Cause continue to be processed and heard by the Superior Court. They may be sent by email to
We can conduct telephone conferences on or off the record. We can memorialize off-the-record conferences with group emails. These should be generally limited to administrative, procedural and scheduling issues. Please make sure that all emails to a judge or court staff regarding any case includes both sides in the email to assure that we avoid ex-parte communications. We can also do telephone conferences on the record utilizing the conference bridge system or our cell phones, merging same with the courtroom phone. All courtrooms are currently running court smart constantly from 7:00 a.m. to 6:00 p.m. 
For telephone conferences using the conference bridge, we will set a time for the meeting and then we all dial in. Please follow these instructions: 
Dial (732) 645-4316.
When prompt asks for meeting number, enter *****#
When prompt asks for 7-digit attendee access code, it is *******# 
Each judge has a different set of conference bridge meeting numbers and access codes which would be provided to you before the call. 
ZOOM. Any proceedings that are required to be public, including all proceedings involving an incarcerated defendant will be done in a virtual courtroom via Zoom conference. You will receive an email invitation and, thus, we would need your email address. If you cannot open the email or video is not capable, you can participate by telephone with a call-in number that will be listed in the email invitation. You do not need to have the application on your computer or smart device, but the link may require you to install some version. 
For those cases with incarcerated defendants, we will be coordinating with the jail to produce them to appear in the video conferencing. These are livestreamed via YouTube as a means of assuring public access. There are now three available locations for inmates to broadcast from, enabling more than one proceeding at a time. If there are questions you might anticipate at a virtual hearing, you should endeavor to ascertain that information from your client in advance. For example, if you are seeking the release of a defendant, I might ask where he/she intends to live, treatment anticipated, or if they have a job lined up. If a question arises during the hearing that requires private consult, we may have to end the hearing, and then reconvene at a later date/time to enable your private conversation through an alternate form of contact. I understand that someone participating in a Zoom conference might be able to mute out his/her screen, but that would not be something that the jail could do for the inmate. It could work with non-incarcerated individuals who could also use their phones for mid-hearing questions. However, we are working on available options to allow for private discussion between defense attorney and defendant in jail during a Zoom video conference, whereby a defense attorney can mute on Zoom and then call the “red phone” at the jail to speak privately with the defendant, and then unmute on Zoom and continue the hearing. This is not ideal or necessarily convenient but may be an option, at least for now (Call in only line, the “red phone” R&D Officer direct (732) 951-3351)
We now have 18 virtual courtrooms being shared amongst all of our Middlesex Judges, with some of those dedicated to particular divisions. We have centralized scheduling through the TCA’s office to manage the sharing of the virtual courtrooms. 
For those cases with defendants who are not incarcerated, the defense attorneys may be able to include them by calling their own client before they dial into the conference bridge, or Zoom proceeding, so that he/she is able to hear and participate in the proceeding. 
On a substantive note, you have seen the Orders issued by Chief Justice Rabner. Excludable time orders have been entered automatically consistent with those orders through April 26, 2020. All orders are attributable to the court and push the 90, 180 and 120 day clocks accordingly. They do not push two-year time frames and we have confirmed this is a non-issue at this time. 
The AOC has been directing the DOCNOT transport State inmates to the courts/jails. This is extended into the future based on the current situation. There are limited circumstances where it may be necessary to include a State inmate in a proceeding and these may be possible by virtual appearance, on a case-by-case basis (to be continued). Requests are processed through vircrtsupport.mailbox@njcourts.govand may require at least 48 hours turnaround time. 
Please be advised that due to the COVID-19 Coronavirus epidemic, the municipal courts in Middlesex County are currently operating under adjusted court hours. Attached you will find a list of the individual courts, hours of operation, phone number, and e-mail addresses for the Court Administrator. A few of the municipal buildings are closed entirely. Also, unless otherwise noted, all other municipal buildings are closed to the public. However, court staff is available during the times indicated by phone or by email. Please contact the Court Administrator via email if you are unable to contact the court, or you can reach the municipal division manager via email at
The municipal courts are currently handling the following functions: 
*Scheduling/re-scheduling court matters;
*Entering manual tickets/complaints turned over by Law Enforcement; *Reviewing mail in order to enter payments;
*Re-calling warrants when not executed by the police department; *Handling phone inquiries. 
Middlesex County – Municipal Courts Work Hours 
1. Carteret - M-F 8:00 a.m. - 4:00 p.m.
Madeline Zurick, Acting Court Administrator – 732-541-3900 
2. Cranbury/Plainsboro
Susan Slavicek, Acting Court Administrator – Susan.Slavicek@njcourts.gov609-799-0863 
3. Dunellen: M-F 9:00 a.m. –12:00 and 1:00 – 4:00 p.m.
Theresa Crisifulli, Court Administrator – 732-968-3400 
4. East Brunswick – M-F 8:00 a.m. - 4:00 p.m.
Lizandra DeAngelis, Court Administrator – 732-390-6915 
5. Edison – M-F 8:30 a.m. - 4:30 p.m.
Kelly Sommer, Court Administrator – 732-248-7328 
6. ** Helmetta –
Lori Kartelias, Acting Court Administrator –
7. Highland Park – M-Thurs 8:00 a.m. - 4:00 p.m.
Tracey Horan, Court Administrator –
8. Jamesburg – Mon, Wed & Fri. - 10:00 a.m. - 1:00 p.m.
Christine Ward, Court Administrator – 732-521-2222 
9. Old Bridge – M-F 8:00 a.m. - 4:30 p.m.
Susan Bruchez, Court Administrator – 732-721-5600 
11. Metuchen – M-F 8:00 – 4:00 p.m.
Wahjira Williams-Fisher, Court Administrator – 732-632-8571 
12. Middlesex Boro – M-F 9:00 a.m. - 4:00 p.m.
Merari Gaud, Court Administrator – 732-356-4644 
13. Milltown – M-F 8:30 a.m. - 3:30 p.m.
Dione Longuillo, Court Administrator – 
14. Monroe – M-F 10:00 a.m. - 3:00 p.m.
Donna Linke, Court Administrator - 732-521-4020 
15. New Brunswick – M-F 8:30 a.m. - 4:30 p.m.
Kimberly Milligan, Court Administrator – 732-745-5089 
16. North Brunswick – M-F 9:00 a.m. - 12:00 p.m. Sheral Rossmann, Court Administrator - 732-247-0922 
17. Perth Amboy – M-F 8:00 a.m. - 5:00 p.m.
Solenny Pena, Court Administrator – 732-442-6011 
18. Piscataway – M-F 8:00 a.m. - 4:00 p.m.
Vanessa Colon, Court Administrator – 732-562-2330 
19. Sayreville – M-F 8:00 a.m. - 12:00 pm.
Joyce Wojcik, Acting Court Administrator – 732-525-5446 
20. South Amboy – M, Tues., Thurs. & Fri. 8:00 a.m. - 12:00 p.m.
Sheryl Massaro, Acting Court Administrator – 732-727-4600 
21. South Brunswick – M, Wed. & Fri. 8:30 a.m. - 1:00 p.m.
Kathryn Coffey, Court Administrator – 732-329-4000 ext. 7425 
22. South Plainfield – M, Wed. & Fri. 8:00 a.m. - 12:00 p.m. - Tues & Thurs 12:00 – 4:00 p.m. Yolanda Diaz, Court Administrator –
908- 226-7651 
23. South River – M-F 9:00 a.m. - 12:00 p.m.
Cassandra Garrick, Court Administrator – 732-257-1233 
24.** Spotswood -
Lori Kartelias, Court Administrator –
25. Woodbridge – M-F 8:30 a.m. - 4:30 p.m.
Madeline Zurick, Court Administrator – Philip Dinicola, Court Director – 
**Note: Unless otherwise noted, all municipal buildings are closed to the public. However, court staff is available during the times indicated by phone or email. Please contact the Court Administrator via e-mail or the Municipal Division – 
As you may know, Judge Rivas moved to the Civil Division, Judge Buck moved to the Criminal Division, and Judge Flynn is now the Presiding Criminal Judge. Judge Rivas has been instrumental in fostering a relationship between the bench and bar. Our thanks for his leadership, guidance and support. 
I would be remiss if I failed to acknowledge the efforts of our judges and staff. In a very short period, we have transitioned from the brick and mortar courthouse to a virtual one. We have trained and supplied necessary equipment so our judges and staff can work remotely. Many staff members have been working late into the evenings to ensure attorneys and litigants with access to our courts. 
We face challenging times, but we will work and get through this together. I look forward to working with you, and I am available should you need me. Please stay safe. 
cc: All Middlesex County Superior Court Judges 
Hon. Christine Heitman, P.J.M.C. Christopher Kuberiet, Acting Prosecutor John Johnson, Public Defender 

Sunday, March 29, 2020

App.A:9_47. Suspension of motor vehicle or other regulations

The Governor is authorized to provide by his rules and regulations that any motor vehicle regulation or traffic act provision or any other regulatory provision of law, the enforcement of which will be detrimental to the public welfare during any black_out, air raid, threatened air raid, preparations for emergencies or during the threat or imminence of danger in emergency, shall be suspended during such black_out, air raid, threatened air raid, preparations for emergencies or during the threat or imminence of danger. The judgment of the Governor on all such matters shall be conclusive. L.1942, c. 251, p. 686, s. 15. Amended by L.1953, First Sp.Sess., c. 438, p. 2411, s. 19.

App.A:9_45. Orders, rules, and regulations; black_outs, air raids, etc.; posting

In order to accomplish the purposes of this act, the Governor is empowered to make such orders, rules and regulations as may be necessary adequately to meet the various problems presented by any emergency and from time to time to amend or rescind such orders, rules and regulations, including among others the following subjects: 
  1. On matters pertaining to the method of conducting black_outs, partial black_outs, and modifying and controlling illumination, and pertaining to the conduct of the civilian population of this State during such black_outs, partial black_outs, and periods during which illumination is modified. 
  2. On matters pertaining to air raid warnings and air raids and the conduct of the civilian population during the alert period of an air raid or of a threatened or impending air raid and during and following any air raid. 
  3. Concerning the organization, recruiting, training, conduct, duties and powers of volunteer agencies, including air raid wardens, auxiliary police and firemen, demolition and clearance crews, fire watchers, road repair crews, rescue squads, medical corps, nurses' aides corps, decontamination squads, drivers' corps, messengers' corps, emergency food and housing corps, utility repair squads, and all other civilian protection forces exercising or performing any functions or duties in connection with the problems of local civilian defense or emergency management. 
  4. The designation of vehicles and persons permitted to move during air raids or any emergency.
  5. The conduct of the civilian population during the threat of and imminence of danger or any emergency.
  6. The method of meeting threatened air raid danger insofar as it affects the children in our schools.
  7. Concerning the meeting or counteracting of threatened and actual sabotage, subversive activities, and other dangers incident to any emergency.
  8. Concerning the method of evacuating residents of threatened districts and the course of conduct of the civilian population during any necessary evacuation.
  9. On any matter that may be necessary to protect the health, safety and welfare of the people or that will aid in the prevention of loss to and destruction of property.
  10. Such other matters whatsoever as are or may become necessary in the fair, impartial, stringent and comprehensive administration of this act.
All such orders, rules and regulations when established shall be forthwith promulgated by proclamation of the Governor, which promulgation shall be deemed to be sufficient notice to the public. All such orders, rules and regulations when promulgated shall be binding upon all political subdivisions, public agencies, public officials and public employees of this State. 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. Upon the adoption and promulgation of orders, rules and regulations as provided above, the civilian defense director shall send a copy to the municipal emergency management coordinator and to the clerk of each municipality of this State in which such order, rule or regulation will take effect. The said municipal clerk shall forthwith post any such order, rule or regulation in a public place in the municipal building. L.1942, c.251, s.13; amended 1953,c.438,s.16; 1989,c.222,s.12.

App.A:9_51. Extraordinary emergencies; powers; compensation boards; proceedings for compensation

  1. Whenever, in his opinion, the control of any disaster is beyond the capabilities of local authorities, the Governor is authorized: 

    1. To assume control of all emergency management operations.
    2. To proclaim an emergency if he deems the same necessary.
    3. Temporarily to employ, take or use the personal services, or real or personal property, of any citizen or resident of this State, or of any firm, partnership or unincorporated association doing business or domiciled in this State, or of any corporation incorporated in or doing business in this State, or the real property of a nonresident located in this State, for the purpose of securing the defense of the State or of protecting or promoting the public health, safety or welfare; provided, that such personal services or property shall not be employed or used beyond the borders of this State unless otherwise authorized by law. 
  2. Compensation for any personal services required of any natural person under the provisions of subsection a. of this section shall be paid at the prevailing established rate for services of a like or similar nature.
  3. There is hereby established an emergency compensation board in and for each county of the State, to be composed of three persons appointed by the Governor who shall serve at the will and pleasure of the Governor and without compensation. Wherever the volume of work makes it necessary, the Governor may appoint one or more additional emergency compensation boards in any county of this State. The emergency compensation board shall award reasonable compensation to the party entitled thereto for any property employed, taken or used under the provisions of this subsection and for any injury caused by such employment, taking or using. Any party who deems himself entitled to such compensation as is provided for in this section may file a petition for an award with the board, naming the State as defendant. Such petition shall be filed with an emergency compensation board in the county in which the property was located at the time it was employed, taken or used. A copy of said petition shall be served on the Attorney General. The board shall thereupon after reasonable and proper notice to the petitioner and the Attorney General, grant a hearing upon such petition and render a decision fixing the amount of the award. This award shall be paid within one year after the decision is rendered from any funds appropriated by the State for such purpose. 
  4. Any party who deems himself aggrieved by the decision of an emergency compensation board of any county shall have the right to bring an action for such compensation against the State as defendant in the Superior Court, according to the practice and procedure covering condemnation proceedings in such court. Either the State or the petitioner shall have a right to trial by jury in such court. 
  5. When, in the opinion of the Governor, the period of emergency under which action has been taken by him as provided under subsection a. of this section has passed, he shall issue a proclamation declaring its end and suspending the powers granted to him under subsection a. of this section and no petition for an award as provided for in subsection c. shall be filed after one year from the date of the Governor's proclamation declaring the end of the emergency; provided, that any member of the Armed Forces of the United States whose property was employed, taken or used as provided in said subsection a. of this section may file such petition within two years after the Governor's proclamation. L.1942, c.241, s.19; amended 1953,c.438,s.24; 1989,c.222,s.15.

App.A:9_40. Co_operation by public officials; rules and regulations

It shall be the duty of the members of the governing body and of each and every officer, agent and employee of every political subdivision of this State and of each member of all other governmental bodies, agencies and authorities of any nature whatsoever fully to co_operate with the Governor and the civilian defense director in all matters affecting any emergency as defined by this act. The Governor is authorized to make, amend and rescind orders, rules and regulations as in this act provided, and it shall be unlawful for any municipality or other subdivision or any other governmental agency of this State to adopt any rule or regulation or to enforce any such rule or regulation that may be at variance with any such order, rule or regulation established by the Governor. In the event of a dispute on the question of whether or not any such rule or regulation is at variance with an order, rule or regulation established by the Governor under this act, the determination of the Governor shall control. L.1942, c. 251, p. 682, s. 8. Amended by L.1953, First Sp.Sess., c. 438, p. 2406, s. 7.

App.A:9-35 . Co-operation with state and federal authorities; federal emergency or defense assistance; agreements

App.A:9-35 .  Co-operation with state and federal authorities;  federal emergency or defense assistance;  agreements
    (a) In carrying out the provisions of this act the Governor shall cooperate  with the civil, military and naval authorities of the United States and of  other States for the purpose of enforcing the defense and emergency policies of  the Federal Government and shall conform to the laws, orders, rules and  regulations of the civilian, military and naval authorities of the Federal  Government.

    (b) The Governor or his designated representative is hereby authorized to enter into such agreements with the Federal Government or an agency thereof as he shall deem necessary to obtain available emergency or defense assistance from the Federal Government or its agencies and to do all other acts or things necessary or convenient to secure such assistance.  The Governor shall not commit the State to any financial obligation except to the extent of available appropriations, provided, however, that any such agreement may specify (1) that  the State will agree to hold and save the United States free from damages which  may arise out of the construction, repairs, improvements or rehabilitation, and  the maintenance of works and projects undertaken by the Federal Government or  its agencies in connection with any such agreement, other than claims arising  from the tortious acts of agents or employees of the Federal Government and (2)  that the State will provide, free of cost to the United States, all lands,  easements, rights-of-way and other areas within the State of New Jersey  required in connection with the project undertaken by the Federal Government or  its agencies in respect of such agreement, and for the maintenance thereafter of such project.  Any such provisions to hold and save the Federal Government  free from damages shall not be construed to waive the sovereign immunity of the  State in any situation wherein such immunity would otherwise be present.  Such  sums as may be required, whether in payment of the cost of necessary legal  proceedings, as compensation to property owners, or in furtherance of the  provisions herein authorized for such agreements, shall be charged against any  special or emergency appropriation made by the Legislature in connection with  the project which is the subject matter of the agreement with the Federal  Government or its agencies.

App.A:9-34 . Emergency powers of Governor

App.A:9-34 .  Emergency powers of Governor

    The Governor is authorized to utilize and employ all the available resources  of the State Government and of each and every political subdivision of this  State, whether of men, properties or instrumentalities, and to commandeer and  utilize any personal services and any privately owned property necessary to  avoid or protect against any emergency subject to the future payment of the  reasonable value of such services and privately owned property as hereinafter  in this act provided.

26 :13-5 Duties of commissioner relative to public health emergency.

26 :13-5  Duties of commissioner relative to public health emergency.

   5.   Where the commissioner has reasonable grounds to believe a public health emergency exists, the commissioner shall: ascertain the existence of cases of an illness or health condition that may be potential causes of a public health emergency; investigate all such cases for sources of infection and ensure that they are subject to proper control measures; and define the distribution of the illness or health condition.  To fulfill these duties, the commissioner shall identify exposed individuals as follows:

   a.   The commissioner shall identify individuals thought to have been exposed to an illness or health condition that may be a potential cause of a public health emergency.

   b.   The commissioner shall counsel and interview such individuals where needed to assist in the positive identification of exposed individuals and develop information relating to the source and spread of the illness or health condition. The information shall include the name and address, including city and county, of any person from whom the illness or health condition may have been contracted and to whom the illness or health condition may have spread.

26 :13-4 Investigation of incident, imminent threat; reporting requirements.

26 :13-4  Investigation of incident, imminent threat; reporting requirements.

   4. a. In order to detect the occurrence or imminent threat of an occurrence of a public health emergency as defined in this act, the commissioner may take reasonable steps to investigate any incident or imminent threat of any human disease or health condition.  Such investigation may include, and the commissioner may issue and enforce orders requiring, information from any health care provider or other person affected by, or having information related to, the incident or threat, inspections of buildings and conveyances and their contents, laboratory analysis of samples collected during the course of such inspection, and where the commissioner has reasonable grounds to believe a public health emergency exists, requiring a physical examination or the provision of specimens of body secretions, excretions, fluids and discharge for laboratory examination of any person suspected of having a disease or health condition that necessitates an investigation under this subsection, except where such action would be reasonably likely to lead to serious harm to the affected person. 

   In instances involving an overlap agent or toxin, the Department of Agriculture shall be the lead agency with respect to surveillance, testing, sampling, detection and investigation related to animals, plants or crops under the jurisdiction of the Department of Agriculture pursuant to the provisions of Title 4 of the Revised Statutes, and shall coordinate its activities with all appropriate local, State and federal agencies.

   b.   A health care provider or medical examiner shall report to the department and to the local health official all cases of persons who harbor or are suspected of harboring any illness or health condition that may be reasonably believed to be potential causes of a public health emergency. Reportable illnesses and health conditions include, but are not limited to, any illnesses or health conditions identified by the commissioner.

   c.   In addition to the foregoing requirements for health care providers, a pharmacist shall, at the direction of the commissioner, report:

   (1)   an unusual increase in the number or type of prescriptions to treat conditions that the commissioner identifies by regulation;

   (2)   an unusual increase in the number of prescriptions for antibiotics; and

   (3)   any prescription identified by the commissioner that treats a disease that is relatively uncommon or may be associated with terrorism.

   d.   The reports shall be made to such State and local officials in accordance with the method and time frame as specified by the commissioner. The reports shall include the specific illness or health condition that is the subject of the report and a case number assigned to the report that is linked to the patient file in possession of the health care provider or medical examiner, along with the name and address of the health care provider or medical examiner.  Based on any such report, where the commissioner has reasonable grounds to believe that a public health emergency exists, the health care provider or medical examiner shall provide a supplemental report including the following information: the patient's name, date of birth, sex, race, occupation, current home and work addresses, including city and county, and relevant telephone contact numbers; the name and address of the health care provider or medical examiner and of the reporting individual, if different; designated emergency contact; and any other information needed to locate the patient for follow-up.

   e.   The provisions of this section shall not be deemed or construed to limit, alter or impair in any way the authority of the Department of Environmental Protection pursuant to "The Radiation Accident Response Act," P.L.1981, c.302 (C. 26 :2D-37 et seq.), or of the State Office of Emergency Management in the Division of State Police, Department of Law and Public Safety.  Any powers of inspection of buildings and conveyances for sources of radiation that are granted to the commissioner shall only be exercised upon the concurrence of the Commissioner of Environmental Protection.

   f.   The provisions of this section shall not be deemed or construed to limit, alter or impair in any way the authority of the Department of Agriculture pursuant to its jurisdiction under the laws and policies governing that department.