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

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

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

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

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.

   L.2005,c.222,s.4.

26 :13-3 Declaration of public health emergency. NJ

26 :13-3  Declaration of public health emergency. NJ

   3. a. The Governor, in consultation with the commissioner and the Director of the State Office of Emergency Management, may declare a public health emergency.  In declaring a public health emergency, the Governor shall issue an order that specifies:

   (1)   the nature of the public health emergency;

   (2)   the geographic area subject to the declaration;

   (3)   the conditions that have brought about the public health emergency to the extent known; and

   (4)   the expected duration of the state of public health emergency, if less than 30 days. Such order may also prescribe necessary actions or countermeasures to protect the public's health.

   b.   Any public health emergency declared pursuant to this act shall be terminated automatically after 30 days unless renewed by the Governor under the same standards and procedures set forth in subsection a. of this section.

   c.   The commissioner shall coordinate all matters pertaining to the public health response to a public health emergency, and shall have primary jurisdiction, responsibility and authority for:

   (1)   planning and executing public health emergency assessment, prevention, preparedness, response and recovery for the State;

   (2)   coordinating public health emergency response between State and local authorities;

   (3)   collaborating with relevant federal government authorities, elected officials and relevant agencies of other states, private organizations or companies;

   (4)   coordinating recovery operations and prevention initiatives subsequent to public health emergencies; and

   (5)   organizing public information activities regarding public health emergency response operations.

   All such activities shall be taken in coordination with the State Office of Emergency Management and shall be executed in accordance with the State Emergency Operations Plan.  The State Office of Emergency Management shall provide the commissioner with all required assistance.

   d.   In instances involving an overlap agent or toxin that causes or has the potential to cause a public health emergency, if the Commissioner of Health and Senior Services suspects or detects conditions that could potentially affect animals, plants or crops under the jurisdiction of the Department of Agriculture pursuant to the provisions of Title 4 of the Revised Statutes, he shall immediately notify the Secretary of Agriculture.  If the Secretary of Agriculture suspects or detects conditions that could potentially affect humans, he shall immediately notify the commissioner.  Information shared by each department shall be held confidential by the departments and their employees and their designees, and shall not be released without the approval of the department that was the source of the information.

   e.   To the fullest extent practicable, the commissioner shall also promptly notify the elected municipal officials and applicable health care facilities of the jurisdiction affected by the public health emergency of the nature and extent of the emergency.

   f.   All orders of the commissioner shall remain in effect during the period of the public health emergency until superseded by order of the Governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.). Upon the issuance of an order by the Governor pursuant to P.L.1942, c.251, the commissioner shall coordinate the public health emergency in accordance with the State Emergency Operations Plan.  Upon declaration of a disaster pursuant to P.L.1942, c.251, the Governor may exercise the powers granted to the commissioner pursuant to this act.

   L.2005,c.222,s.3.

I researched what gives the Governor the power to close bars, VFW, Elks club and impose restrictions in Executive Order 103. Here are some of the statutes that were invoked. "Emergency Health Powers Act." 26 :13-2 Definitions relative to emergency health powers.

I researched what gives the Governor the power to close bars, VFW, Elks club and impose restrictions in Executive Order 103.

Here are some of the statutes that were invoked.

"Emergency Health Powers Act."

26 :13-2  Definitions relative to emergency health powers.

 
   2.   As used in this act:

   "Biological agent" means any microorganism, virus, bacterium, rickettsiae, fungus, toxin, infectious substance, or biological product that may be naturally occurring or engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, bacterium, rickettsiae, fungus, infectious substance, or biological product, capable of causing death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism.

   "Bioterrorism" means the intentional use or threat of use of any biological agent, to cause death, disease, or other biological malfunction in a human, animal, plant, or other living organism, or degrade the quality and safety of the food, air, or water supply.

   "Chemical weapon" means a toxic chemical and its precursors, except where intended for a lawful purpose as long as the type and quantity is consistent with such a purpose.  Chemical weapon includes, but is not limited to: nerve agents, choking agents, blood agents, and incapacitating agents.

   "Commissioner" means the Commissioner of Health, or the commissioner's designee.

   "Contagious disease" means an infectious disease that can be transmitted from person to person.

   "Department" means the Department of Health.

   "Health care facility" means any non-federal institution, building or agency, or portion thereof whether public or private for profit or nonprofit that is used, operated or designed to provide health services, medical or dental treatment or nursing, rehabilitative, or preventive care to any person.  Health care facility includes, but is not limited to:  an ambulatory surgical facility, home health agency, hospice, hospital, infirmary, intermediate care facility, dialysis center, long-term care facility, medical assistance facility, mental health center, paid and volunteer emergency medical services, outpatient facility, public health center, rehabilitation facility, residential treatment facility, skilled nursing facility, and adult day care center.  Health care facility also includes, but is not limited to, the following related property when used for or in connection with the foregoing: a laboratory, research facility, pharmacy, laundry facility, health personnel training and lodging facility, patient, guest and health personnel food service facility, and the portion of an office or office building used by persons engaged in health care professions or services.

   "Health care provider" means any person or entity who provides health care services including, but not limited to: a health care facility, bioanalytical laboratory director, perfusionist, physician, physician assistant, pharmacist, dentist, nurse, paramedic, respiratory care practitioner, medical or laboratory technician, and ambulance and emergency medical workers.

   "Infectious disease" means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, virus, or prion.  An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.

   "Isolation" means the physical separation and confinement of an individual or groups of individuals who are infected or reasonably believed to be infected, on the basis of signs, symptoms or laboratory analysis, with a contagious or possibly contagious disease from non-isolated individuals, to prevent or limit the transmission of the disease to non-isolated individuals.

   "Local health agency" means a county, regional, municipal, or other governmental agency organized for the purpose of providing health services, administered by a full-time health officer and conducting a public health program pursuant to law.

   "Local Information Network and Communications System Agency" or "LINCS agency" means the lead local public health agency in each county or identified city, as designated and determined by the commissioner pursuant to section 21 of this act, responsible for providing central planning, coordination, and delivery of specialized services within the designated county or city, in partnership with the other local health agencies within that jurisdiction, in order to prepare for and respond to acts of bioterrorism and other forms of terrorism or other public health emergencies or threats, and to discharge the activities as specified under this act.

   "Microorganism" includes, but is not limited to, bacteria, viruses, fungi, rickettsiae, or protozoa.

   "Nuclear or radiological device" means: any nuclear device which is an explosive device designed to cause a nuclear yield; an explosive radiological dispersal device used directly or indirectly to spread radioactive material; or a simple radiological dispersal device which is any act, container or any other device used to release radiological material for use as a weapon.

   "Overlap agent or toxin" means: any microorganism or toxin that poses a risk to both human and animal health and includes:

Anthrax - Bacillus anthracis

Botulism - Clostridium botulinum toxin, Botulinum neurotoxins, Botulinum neurotoxin producing species of Clostridium

Plague - Yersinia pestis

Tularemia - Francisella tularensis

Viral Hemorrhagic Fevers - Ebola, Marburg, Lassa, Machupo

Brucellosis- Brucellosis species

Glanders - Burkholderia mallei

Melioidosis - Burkholderia pseudomallei

Psittacosis - Chlamydophila psittaci

Coccidiodomycosis - Coccidiodes immitis

Q Fever - Coxiella burnetii

Typhus Fever - Rickettsia prowazekii

Viral Encephalitis - VEE (Venezuelan equine encephalitis virus), EEE (Eastern equine encephalitis), WEE (Western equine encephalitis)

Toxins - Ricinus communis, Clostridium perfringens, Staph. Aureus, Staphylococcal enterotoxins, T-2 toxin, Shigatoxin

Nipah - Nipah virus

Hantavirus - Hantavirus

West Nile Fever - West Nile virus

Hendra - Hendra virus

Rift Valley Fever - Rift Valley Fever virus

Highly Pathogenic Avian Influenza

   "Public health emergency" means an occurrence or imminent threat of an occurrence that:

   a.   is caused or is reasonably believed to be caused by any of the following: (1) bioterrorism or an accidental release of one or more biological agents; (2) the appearance of a novel or previously controlled or eradicated biological agent; (3) a natural disaster; (4) a chemical attack or accidental release of toxic chemicals; or (5) a nuclear attack or nuclear accident; and

   b.   poses a high probability of any of the following harms: (1) a large number of deaths, illness, or injury in the affected population; (2) a large number of serious or long-term impairments in the affected population; or (3) exposure to a biological agent or chemical that poses a significant risk of substantial future harm to a large number of people in the affected population.

   "Quarantine" means the physical separation and confinement of an individual or groups of individuals, who are or may have been exposed to a contagious or possibly contagious disease and who do not show signs or symptoms of a contagious disease, from non-quarantined individuals, to prevent or limit the transmission of the disease to non-quarantined individuals.

   "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:

   a.   any poisonous substance or biological product that may be engineered as a result of biotechnology or produced by a living organism; or

   b.   any poisonous isomer or biological product, homolog, or derivative of such a substance.

   L.2005, c.222, s.2; amended 2012, c.17, s.356.