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Executive Order No. 140 (State of New Jersey, Governor Philip D. Murphy)

Summary

Executive Order No. 140, signed by Governor Philip D. Murphy in May 2020, establishes the Governor's Restart and Recovery Advisory Council to advise the Governor on the reopening and recovery of New Jersey's economy. The order describes the council as a second advisory body alongside the Governor's Restart and Recovery Commission, created by Executive Order No. 131 on April 28, 2020. Its three co-chairs are the Chief Executive Officer of the New Jersey Economic Development Authority, the Secretary of Higher Education and the President and Chief Executive Officer of Choose New Jersey; other members, appointed by the Economic Development Authority's chief executive, represent sectors from small business to communities of faith and serve without compensation. The order cites over 133,000 positive COVID-19 cases in New Jersey and at least 8,801 deaths as of May 7, 2020.

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Full text

                     EXECUTIVE ORDER NO. 140


     WHEREAS, through Executive Order No. 102 (2020), 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 Coronavirus disease 2019 (“COVID-19”); and

     WHEREAS, on March 9, 2020, through Executive Order No. 103

(2020), the facts and circumstances of which are adopted by

reference herein, I declared both a Public Health Emergency and a

State of Emergency throughout the State due to the public health

hazard created by COVID-19; and

     WHEREAS, the Public Health Emergency declared in Executive

Order No. 103 (2020) has been twice extended, through Executive

Order No. 119 (2020), which I signed on April 7, 2020, and through

Executive Order No. 138 (2020), which I signed on May 6, 2020, and

continues to exist today; and

     WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I

reserved the right to utilize and employ all available resources

of State government to protect against the emergency created by

COVID-19; and

     WHEREAS, as COVID-19 continued to spread across New Jersey

and an increasing number of individuals required medical care or

hospitalization, I issued a series of Executive Orders pursuant to

my authority under the New Jersey Civilian Defense and Disaster

Control Act and the Emergency Health Powers Act, to protect the

public health, safety, and welfare against the emergency created

by COVID-19, including Executive Order Nos. 104-133 and Nos.

135-138 (2020), the facts and circumstances of which are all

adopted by reference herein; and
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     WHEREAS, among these actions, and in recognition that the

Centers for Disease Control and Prevention (“CDC”) has advised

that social mitigation strategies for combatting COVID-19 require

every effort to reduce the rate of community spread of the disease

and that COVID-19 spreads most frequently through person-to-person

contact when individuals are within six feet or less of one

another, I issued Executive Order No. 107 (2020) to order steps to

mitigate community spread of COVID-19; and

     WHEREAS, Executive Order No. 107 (2020) closed non-essential

retail businesses to the public, but permitted essential retail

businesses   and    other      businesses      that       require    an   in-person

workforce to continue to operate; and

     WHEREAS,      Executive      Order       No.     107     (2020)      permitted

restaurants, cafeterias, dining establishments, food courts, bars,

and all other holders of a liquor license with retail consumption

privileges, to operate only food delivery and/or take-out services

during their normal business hours; and

     WHEREAS,      Executive     Order       No.    107     (2020)   stated     that

businesses or non-profits who have employees who cannot perform

their functions via telework or work-from-home arrangements should

make best efforts to reduce staff on site to the minimal number

necessary to ensure that essential operations can continue; and

     WHEREAS, Executive Order No. 107 (2020) directed all New

Jersey residents to remain at home or at their place of residence,

unless they qualified under certain defined categories, including

reporting to, or performing, their job; and

     WHEREAS, as of May 7, 2020, according to the World Health

Organization, there were more than 3,672,000 confirmed cases of

COVID-19   worldwide,    with    over     254,000     of     those   cases    having

resulted in death; and
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      WHEREAS, as of May 7, 2020, according to the CDC, there were

more than 1,219,000 confirmed cases of COVID-19 in the United

States, with over 73,000 of those cases having resulted in death;

and

      WHEREAS, as of May 7, 2020, there were over 133,000 positive

cases of COVID-19 in New Jersey, with at least 8,801 of those cases

having resulted in death; and

      WHEREAS, because of the aggressive social distancing measures

we have instituted, we have begun to see a slowdown in the spread

of COVID-19 and a decrease in the number of hospitalizations; and

      WHEREAS, public health experts have consistently warned that

rescinding social distancing restrictions and allowing society to

operate as it did before the COVID-19 outbreak would result in a

new   spike     of   cases,   hospitalizations,         and   deaths      that   would

overwhelm our health care system and impose massive economic

damage; and

      WHEREAS, any effort to loosen the restrictions in place must

therefore be done thoughtfully, responsibly, and in a manner that

does not unnecessarily jeopardize public health; and

      WHEREAS, on April 28, 2020, I signed Executive Order No. 131

(2020)     to    establish       the    Governor’s      Restart      and    Recovery

Commission,      which   is   charged     with   providing      guidance       to   the

Governor      for    reopening    the    New   Jersey    economy     in    a     manner

consistent with the State’s public health efforts to slow the

spread of COVID-19; and

      WHEREAS, the individuals I have appointed to that Commission

represent a wide breadth of expertise in various sectors, including

public     health,     business,       infrastructure,        mass   transit,       and

academia; and
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      WHEREAS,     this   expertise          can    be    complemented      by    the

establishment of a second advisory body that will represent diverse

stakeholders across a number of economic sectors, and provide

additional insight into the unique facets of New Jersey’s economy

and society; and

      WHEREAS, the combination of these perspectives will assist

officials in government as they face difficult choices involving

the appropriate levels of economic and other activity that can be

allowed in light of the ongoing COVID-19 outbreak;

      NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of

New Jersey, by virtue of the authority vested in me by the

Constitution and by the Statutes of this State, do hereby ORDER

and DIRECT:

      1.    There is hereby established the Governor’s Restart and

Recovery Advisory Council (“Advisory Council”).

      2.    The    Advisory    Council       will   provide      guidance    to   the

Governor on the reopening and recovery of New Jersey’s economy,

taking into account the unique facets of New Jersey’s economy and

society.

      3.    The Advisory Council will have three co-chairs: 1) the

Chief Executive Officer of the New Jersey Economic Development

Authority; 2) the Secretary of Higher Education; and 3) the

President and Chief Executive Officer of Choose New Jersey.

      4.    With the exception of the co-chairs, the members of the

Advisory Council shall be appointed by and serve at the pleasure

of   the   Chief   Executive    Officer        of   the    New   Jersey     Economic

Development Authority.        The members will represent a variety of

sectors of New Jersey’s economy and society, including but not

limited to small business, tourism and entertainment, county and

local government, transportation and infrastructure, health care,
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professional       services,    manufacturing,         construction,     logistics,

social services, and communities of faith.                All public members of

the Advisory Council shall serve without compensation.

      5.     The    Advisory     Council       shall    organize    as     soon    as

practicable after the appointment of its members, and shall convene

as requested and in the manner requested by the co-chairs.                        The

co-chairs shall have the authority to create subcommittees or

subgroups of the full Advisory Council.

      6.     The co-chairs of the Advisory Council are authorized to

call upon any department, office, division, or agency of this State

to supply it with public data and information, as well as any

personnel or other assistance available to such agency as the

Advisory Council determines to be necessary to discharge its duties

under this Order.         Each Executive Branch department, office,

division, or agency of this State is hereby required, to the extent

not inconsistent with law, to cooperate fully with the co-chairs

of the Advisory Council and to furnish the co-chairs of the

Advisory Council with such assistance on as timely a basis as is

necessary to accomplish the purposes of this Order.

      7.     The Advisory Council shall be purely advisory in nature,

and shall provide advice to the Governor and other Executive Branch

departments and agencies as requested.

      8.     Nothing in this Order shall be construed to supersede

any Federal, State, or local law.

      9.     For    purposes      of     this    Order,       “Executive     Branch

departments     and    agencies”       shall    mean    any   of   the    principal

departments in the Executive Branch of State government and any

agency,      authority,        board,     bureau,       commission,       division,

institution, office, or other instrumentality within or created by

any   such    department,       and     any    independent     State     authority,
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commission, instrumentality, or agency over which the Governor

exercises   executive    authority,       as   determined   by   the   Attorney

General.

     10.    This Order shall take effect immediately.

                                GIVEN, under my hand and seal this
                                          8th day of May,
                                       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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