Sponsored by:
Assemblyman JOHN CATALANO
District 10 (Ocean)
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Co-Sponsored by:
Assemblymen S.Kean, Thomson, Rumpf and Assemblywoman Gove
SYNOPSIS
Creates monetary penalty for violating social mitigation strategy of barring or limiting social gatherings, implemented pursuant to “Emergency Health Powers Act,” or government order issued pursuant to act, during declared public health emergency under act.
CURRENT VERSION OF TEXT
As introduced.
An Act creating a monetary penalty for violating certain provisions of the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), or certain government orders issued pursuant to that act, during a declared public health emergency under the act, and amending P.L.2005, c.222.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 27 of P.L.2005, c.222 (C.26:13-27) is amended to read as follows:
27. The commissioner shall have the power to enforce the provisions of [this act] the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.) through the issuance of orders and such other remedies as are provided by law. Additionally, a person who willfully or knowingly violates any provision of the act, or any order issued pursuant to the act, that relates to a social mitigation strategy barring all indoor or outdoor social gatherings or, if still permitted, hosts or participates in any indoor or outdoor social gathering with a number of people that exceeds the number permitted to gather, which provision or order is intended to prevent the transmission or spread of an infectious disease, biological agent, toxic chemical from a chemical weapon, radioactive material from a nuclear or radiological device, or overlap agent or toxin, during a public health emergency declared by the Governor in accordance with section 3 of P.L.2005, c.222 (C.26:13-3) shall be liable for a penalty of not less than $5,000 and not more than $10,000. The penalty shall be sued for and collected by the commissioner, along with all costs associated with the commissioner’s enforcement action, in a summary proceeding before the Superior Court or municipal court with territorial jurisdiction over the action pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2005, c.222, s.27)
2. This act shall take effect immediately.
STATEMENT
This bill would establish a monetary penalty, of not less than $5,000 and not more than $10,000, for any person who willfully or knowingly violates any provision of the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), or any order issued pursuant to the act, that relates to a social mitigation strategy barring all indoor or outdoor social gatherings or, if still permitted, hosts or participates in any indoor or outdoor social gathering with a number of people that exceeds the number permitted to gather, which provision or order is intended to prevent the transmission or spread of an infectious disease, biological agent, toxic chemical from a chemical weapon, radioactive material from a nuclear or radiological device, or overlap agent or toxin, during a public health emergency declared by the Governor under the act. The penalty would be sued for and collected by the Commissioner of Health, along with all costs associated with the commissioner’s enforcement action, in a summary proceeding before the Superior Court or municipal court with territorial jurisdiction over the action pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).