Executive Order No. 103 (State of New Jersey, Governor Philip D. Murphy)
Summary
In Executive Order No. 103, signed on the 9th day of March 2020, New Jersey Governor Philip D. Murphy declares that a Public Health Emergency and State of Emergency exist in the State because of COVID-19. The order's findings note that as of March 9, 2020 there were 11 presumed positive cases in New Jersey, with 24 additional "Persons Under Investigation." It authorizes the State Director of Emergency Management, who is the Superintendent of State Police, working with the Commissioner of the Department of Health, to take emergency measures, including activating emergency operations plans and ordering evacuations. It continues the Coronavirus Task Force created by Executive Order No. 102, lets agency heads waive or suspend rules with the Governor's prior approval, and lets the Adjutant General call National Guard members to active duty.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
EXECUTIVE ORDER NO. 103
WHEREAS, Coronavirus disease 2019 (“COVID-19”) is a
contagious, and at times fatal, respiratory disease caused by the
SARS-CoV-2 virus; and
WHEREAS, COVID-19 is responsible for the 2019 novel
coronavirus outbreak, which was first identified in Wuhan, the
People’s Republic of China in December 2019 and quickly spread to
the Hubei Province and multiple other countries; and
WHEREAS, symptoms of the COVID-19 illness include fever,
cough, and shortness of breath, which may appear in as few as two
or as long as 14 days after exposure, and can spread from person
to person via respiratory droplets produced when an infected person
coughs or sneezes; and
WHEREAS, on January 30, 2020, the International Health
Regulations Emergency Committee of the World Health Organization
declared the outbreak a “public health emergency of international
concern,” which means “an extraordinary event which is determined
to constitute a public health risk to other States through the
international spread of disease and to potentially require a
coordinated international response,” and thereafter raised its
global risk assessment of COVID-19 from “high” to “very high”; and
WHEREAS, on January 31, 2020, the United States Department of
Health and Human Services Secretary declared a public health
emergency for the United States to aid the nation’s healthcare
community in responding to COVID-19; and
WHEREAS, as of March 9, 2020, according to the Centers for
Disease Control and Prevention (“CDC”), there were more than
114,000 confirmed cases of COVID-19 worldwide, with over 4,000 of
those cases having resulted in death; and
WHEREAS, as of March 9, 2020, there were more than 500
confirmed cases of COVID-19 in the United States, with 22 of those
cases having resulted in death; and
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WHEREAS, as of March 9, 2020, there were 11 presumed positive
cases of COVID-19 in New Jersey, with 24 additional “Persons Under
Investigation” spread across the counties of Bergen, Camden,
Cumberland, Essex, Hunterdon, Middlesex, Monmouth, Passaic, Union,
and Sussex; and
WHEREAS, as of March 9, 2020, there were 142 positive cases
of COVID-19 in the State of New York and seven presumptive positive
cases in the Commonwealth of Pennsylvania; and
WHEREAS, the CDC expects that additional cases of COVID-19
will be identified in the coming days, including more cases in the
United States, and that person-to-person spread is likely to
continue to occur; and
WHEREAS, if COVID-19 spreads in New Jersey at a rate
comparable to the rate of spread in other affected areas, it will
greatly strain the resources and capabilities of county and
municipal governments, including public health agencies, that
provide essential services for containing and mitigating the
spread of contagious diseases, such as COVID-19, and the situation
may become too large in scope to be handled in its entirety by the
normal county and municipal operating services in some parts of
this State, and this situation may spread to other parts of the
State; and
WHEREAS, the spread of COVID-19 may make it difficult or
impossible for citizens to obtain consumer goods and other
necessities of life due to supply chain disruption and price
increases, as well as hamper the delivery of essential services
such as police, fire, and first aid; and
WHEREAS, the State’s public bidding act, N.J.S.A. 52:34-6 et
seq., provides a public exigency exemption, N.J.S.A. 52:34-10(b),
that in the event of a threat to the life, health, or safety to
the public, advertised bidding is not required to obtain those
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goods and services necessary to address the public exigency where
the Division of Purchase of Property provides preapproval in
accordance with Treasury Circular 18-14-DPP; and
WHEREAS, in the event of a declared emergency pursuant to
Treasury Circular 19-10-DPP, the threshold for delegated
purchasing by individual State Departments is raised to $100,000
such that purchases at or below that amount do not require prior
approval or action by DPP; and
WHEREAS, the spread of COVID-19 may disrupt the timely
delivery of State contracted goods or services, the immediate
delivery and fulfillment of which is necessary for the life,
safety, or health of the public; and
WHEREAS, the State of New Jersey has been working closely
with the CDC, local health departments, and healthcare facilities
to monitor, plan for and mitigate the spread of COVID-19 within
the State; and
WHEREAS, through Executive Order No. 102, which I signed on
February 3, 2020, I created the State’s Coronavirus Task Force,
chaired by the Commissioner of the New Jersey Department of Health
(“DOH”), in order to coordinate the State’s efforts to
appropriately prepare for and respond to the public health hazard
posed by COVID-19; and
WHEREAS, it is critical to prepare for and respond to
suspected or confirmed COVID-19 cases in New Jersey, to implement
appropriate measures to mitigate the spread of COVID-19, and to
prepare in the event of an increasing number of individuals
requiring medical care or hospitalization; and
WHEREAS, the State of New Jersey also acts as an employer
with tens of thousands of employees, and the spread of COVID-19
requires preparedness for staffing shortages and flexibility in
work rules to ensure that its employees can fully comply with all
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medically appropriate measures while also ensuring the continuous
delivery of State services performed by Executive branch agencies;
and
WHEREAS, the continuous delivery of services at the county
and municipal level performed by those governments and their
employees is also essential; and
WHEREAS, the spread of COVID-19 within New Jersey constitutes
an imminent public health hazard that threatens and presently
endangers the health, safety, and welfare of the residents of one
or more municipalities or counties of the State; and
WHEREAS, it is necessary and appropriate to take action
against this public health hazard to protect and maintain the
health, safety, and welfare of New Jersey residents and visitors;
and
WHEREAS, the facts as set forth above and consultation with
the Commissioner of DOH confirms that there exists a public health
emergency in the State; and
WHEREAS, New Jersey's Consumer Fraud Act, N.J.S.A. 56:8-107
et seq., prohibits excessive price increases during a declared
state of emergency, or for 30 days after the termination of the
state of emergency; and
WHEREAS, the Constitution and statutes of the State of New
Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq.,
N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A.
38A:2-4 and all amendments and supplements thereto, confer upon
the Governor of the State of New Jersey certain emergency powers;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of
New Jersey, in order to protect the health, safety and welfare of
the people of the State of New Jersey, DO DECLARE and PROCLAIM
that a Public Health Emergency and State of Emergency exist in the
State of New Jersey, and I hereby ORDER and DIRECT the following:
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1. I authorize and empower the State Director of Emergency
Management, who is the Superintendent of State Police, in
conjunction with the Commissioner of DOH, to take any such
emergency measures as the State Director may determine necessary,
including the implementation of the State Emergency Operations
Plan and directing the activation of county and municipal emergency
operations plans, in order to fully and adequately protect the
health, safety and welfare of the citizens of the State of New
Jersey from any actual or potential threat or danger that may exist
from the possible exposure to COVID-19. The State Director of
Emergency Management, in conjunction with the Commissioner of DOH,
is authorized to coordinate the relief effort from this emergency
with all governmental agencies, volunteer organizations, and the
private sector.
2. The State Director of Emergency Management, in
conjunction with the Commissioner of DOH, shall also supervise
and coordinate all activities of all State, regional and local
political bodies and agencies in order to ensure the most effective
and expeditious implementation of this order, and, to this end,
may call upon all such agencies and political subdivisions for any
assistance necessary.
3. Given the concurrent invocation of both a State of
Emergency pursuant to N.J.S.A. App.A.:9-33 et seq. and a Public
Health Emergency as contemplated by N.J.S.A. 26:13-1 et seq., I
reserve the right as specifically contemplated by N.J.S.A. 26:13-
3 to exercise the authority and powers specific to the Emergency
Health Powers Act as I deem necessary and appropriate to ensure
the public health for New Jersey’s residents.
4. It shall be the duty of every person or entity in this
State or doing business in this State and of the members of the
governing body and every official, employee, or agent of every
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political subdivision in this State and of each member of all other
governmental bodies, agencies, and authorities in this State of
any nature whatsoever, to cooperate fully with the State Director
of Emergency Management and the Commissioner of DOH in all matters
concerning this state of emergency.
5. The Coronavirus Task Force established under Executive
Order No. 102 is continued with the Commissioner of DOH as the
chair, and shall provide assistance on the State’s efforts
preparing for and responding to the public health hazard posed by
COVID-19.
6. I authorize and empower the executive head of any agency
or instrumentality of the State government with authority to
promulgate rules to waive, suspend, or modify any existing rule,
where the enforcement of which would be detrimental to the public
welfare during this emergency, notwithstanding the provisions of
the Administrative Procedure Act or any law to the contrary for
the duration of this Executive Order, subject to my prior approval
and in consultation with the State Director of Emergency Management
and the Commissioner of DOH. Any such waiver, modification, or
suspension shall be promulgated in accordance with N.J.S.A. App.
A:9-45.
7. All State agencies, and specifically the Departments of
Banking and Insurance, Health, Human Services, Education, and the
Civil Service Commission are authorized to take appropriate steps
to address the public health hazard of COVID-19, including
increasing access and eliminating barriers to medical care,
protecting the health and well-being of students, and protecting
the health and well-being of State, county, and municipal employees
while ensuring the continuous delivery of State, county, and
municipal services.
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8. I authorize and empower the State Director of Emergency
Management, in conjunction with the Commissioner of DOH, to order
the evacuation of all persons, except for those emergency and
governmental personnel whose presence the State Director deems
necessary, from any area where their continued presence would
present a danger to their health, safety, or welfare because of
the conditions created by this emergency.
9. I authorize and empower the State Director of Emergency
Management, in conjunction with the Commissioner of DOH, to utilize
all property, equipment, and facilities owned, rented, operated,
and maintained by the State of New Jersey to house and shelter
persons who may need to be evacuated from a residence, dwelling,
building, structure, or vehicle during the course of this
emergency.
10. I authorize and empower the Adjutant General, in
accordance with N.J.S.A. 38A:2-4 and N.J.S.A. 38A:3-6.1, to order
to active duty such members of the New Jersey National Guard who,
in the Adjutant General’s judgment, are necessary to provide aid
to those localities where there is a threat or danger to the public
health, safety, and welfare and to authorize the employment of any
supporting vehicles, equipment, communications, or supplies as may
be necessary to support the members so ordered.
11. In accordance with the N.J.S.A. App. A:9-34 and N.J.S.A.
App. A:9-51, I reserve the right to utilize and employ all
available resources of the State government and of each and every
political subdivision of the State, whether of persons,
properties, or instrumentalities, and to commandeer and utilize
any personal services and any privately-owned property necessary
to protect against this emergency.
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12. In accordance with N.J.S.A. App. A:9 40, 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 this Order, or which will in any way
interfere with or impede the achievement of the purposes of this
Order.
13. In accordance with N.J.S.A. App. A:9-34, N.J.S.A. App.
A:9-40.6, and N.J.S.A. 40A:14-156.4, no municipality or public or
semipublic agency shall send public works, fire, police, emergency
medical, or other personnel or equipment into any non-contiguous
impacted municipality within this State, nor to any impacted
municipality outside this State, unless and until such aid has
been directed by the county emergency management coordinator or
his or her deputies in consultation with the State Director of
Emergency Management in conjunction with the Commissioner of DOH.
14. This Order shall take effect immediately and shall
remain in effect until such time as it is determined by me that an
emergency no longer exists.
GIVEN, under my hand and seal this
9th day of March,
Two Thousand and Twenty, and
of the Independence of the
United States, the Two
Hundred and Forty-Fourth.
[seal] /s/ Philip D. Murphy
Governor
Attest:
/s/ Matthew J. Platkin
Chief Counsel to the Governor
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