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March 22, 2020 2:03 PM

Governor Murphy's Executive Orders Nos. 107 & 108 (3/22/20)

EXECUTIVE ORDER NO. 107
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, in light of the dangers posed by COVID-19, I issued
Executive Order No. 103 (2020) on March 9, 2020, the facts and
circumstances of which are adopted by reference herein, which
declared both a Public Health Emergency and State of Emergency;
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, in accordance with N.J.S.A App. A:9-40, I declared
that, due to the State of Emergency, no municipality, county, or
any 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 my Executive Orders, or which will in any way interfere with or
impede their achievement; and

WHEREAS, to further protect the health, safety, and welfare
of New Jersey residents by, among other things, reducing the rate
of community spread of COVID-19, I issued Executive Order No. 104
(2020) on March 16, 2020, the facts and circumstances of which are
also adopted by reference herein, which established statewide
social mitigation strategies for combatting COVID-19; and

WHEREAS, Executive Order No. 104 (2020) limited the scope of
service and hours of operation for restaurants and certain retail
establishments to balance the need to allow individuals to access
food and other essential materials with the need to limit
unnecessary person-to-person contact; and

WHEREAS, Executive Order No. 104 (2020) deemed a subset of
businesses as “essential,” including grocery/food stores,
pharmacies, medical supply stores, gas stations, healthcare
facilities, and ancillary stores within healthcare facilities, and
it authorized the State Director of Emergency Management, who is
the Superintendent of State Police, to make additions, amendments,
clarifications, exceptions, and exclusions to that list; and

WHEREAS, Executive Order No. 104 (2020) made clear that such
essential businesses may continue operating without limits on
their scope of service or hours of operation, absent further
amendments by the State Director of Emergency Management; and

WHEREAS, Executive Order No. 104 (2020) and subsequent
Administrative Orders issued by the State Director of Emergency
Management also placed restrictions on other businesses’ scope of
service and hours of operation, and also placed restrictions on
the size of gatherings in the State; and

WHEREAS, as of March 20, 2020, according to the Centers for
Disease Control and Prevention (“CDC”), there were more than
234,000 confirmed cases of COVID-19 worldwide, with over 9,800 of
those cases having resulted in death; and

WHEREAS, as of March 20, 2020, there were more than 15,000
confirmed cases of COVID-19 in the United States, with at least
201 of those cases having resulted in death; and

WHEREAS, as of March 20, 2020, there were at least 890
positive cases of COVID-19 in New Jersey, with at least 11 of those
cases having resulted in death; and

WHEREAS, social mitigation strategies for combatting COVID19 require every effort to reduce the rate of community spread of the disease; and

WHEREAS, the CDC has advised that COVID-19 spreads most
frequently through person-to-person contact when individuals are
within six feet or less of one another; and

WHEREAS, as a result, the CDC has recommended that individuals
practice “social distancing” to prevent community spread of the
virus; and

WHEREAS, the CDC has defined social distancing as the practice
of “remaining out of congregate settings, avoiding mass
gatherings, and maintaining distance (approximately 6 feet or 2
meters) from others when possible”; and

WHEREAS, to mitigate community spread of COVID-19, it is
necessary to limit the unnecessary movement of individuals in and
around their communities and person-to-person interactions in
accordance with CDC and DOH guidance; and

WHEREAS, the best way for New Jersey residents to keep
themselves, their families, and their communities safe during the
COVID-19 outbreak is to stay at home as much as possible; and

WHEREAS, as of March 15, 2020, the CDC recommends that for
the next eight weeks, gatherings of 50 or more people be canceled
or postponed throughout the United States; and

WHEREAS, as of March 16, 2020, the White House went further
than the CDC had and recommended that Americans avoid social
gatherings in groups of more than 10 people; and

WHEREAS, restricting the physical presence of individuals in
office environments and work sites is critical to preventing future
spread of COVID-19; and

WHEREAS, accommodating work-from-home arrangements is an
effective means to ensure continuity of operations while also
limiting person-to-person contact; and

WHEREAS, the CDC has recommended employers to establish
policies and practices to increase the physical distance among
employees and between employees; and

WHEREAS, permitting the workforce to work from home may reduce
stress on the State’s child care system; and

WHEREAS, as of March 19, 2020, I have instructed all State
departments and agencies to utilize work-from-home arrangements
for both essential and non-essential employees wherever feasible; and

WHEREAS, given the rapidly rising incidence of COVID-19,
temporarily closing non-essential retail businesses will
strengthen New Jersey’s efforts to slow the spread of COVID-19;
and

WHEREAS, even as we institute social distancing measures, the
number of COVID-19 cases in New Jersey is likely to increase for
the immediate future, meaning we must take all possible steps to
preserve our health care system’s capacity to treat those who
require emergency or intensive care; 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,
which I have invoked;

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. The operative paragraphs of Executive Order No. 104
(2020) are hereby superseded in full. The factual findings of
Executive Order No. 104 (2020) remain applicable except to the
extent they are in conflict with the factual findings in this or
any intervening Executive Order.
2. All New Jersey residents shall remain home or at their
place of residence unless they are 1) obtaining goods or services
from essential retail businesses, as described in Paragraph 6; 2)
obtaining takeout food or beverages from restaurants, other dining
establishments, or food courts, pursuant to Paragraph 8; 3) seeking
medical attention, essential social services, or assistance from
law enforcement or emergency services; 4) visiting family or other
individuals with whom the resident has a close personal
relationship, such as those for whom the individual is a caretaker
or romantic partner; 5) reporting to, or performing, their job; 6)
walking, running, operating a wheelchair, or engaging in outdoor
activities with immediate family members, caretakers, household
members, or romantic partners while following best social
distancing practices with other individuals, including staying six
feet apart; 7) leaving the home for an educational, religious, or
political reason; 8) leaving because of a reasonable fear for his
or her health or safety; or 9) leaving at the direction of law
enforcement or other government agency.
3. When in public, individuals must practice social
distancing and stay six feet apart whenever practicable, excluding
immediate family members, caretakers, household members, or
romantic partners.
4. Individuals who have to travel pursuant to Paragraph 2
should only use public transportation only if they have no other
feasible choice. Individuals who ride public transportation
should abide by best social distancing practices, including making
all efforts to stand or sit six feet away from other riders and
frequently use sanitizing products.
5. Gatherings of individuals, such as parties,
celebrations, or other social events, are cancelled, unless
otherwise authorized by any part of this Order. The State Director
of Emergency Management, who is the Superintendent of the State
Police, shall have the discretion to make clarifications and issue
orders related to this provision.
6. The brick-and-mortar premises of all non-essential
retail businesses must close to the public as long as this Order
remains in effect. Essential retail businesses, listed below, are
excluded from this directive and may remain open during their
normal business hours. Essential retail businesses must, wherever
practicable, provide pickup services outside or adjacent to their
stores for goods ordered in advance online or by phone.
Additionally, online and telephonic delivery services are
permitted to the extent the retail business is authorized to
operate an online or telephonic delivery service under existing
law. The State Director of Emergency Management, who is the
Superintendent of the State Police, shall have the discretion to
make additions, amendments, clarifications, exceptions, and
exclusions to this list:
a. Grocery stores, farmer’s markets and farms that
sell directly to customers, and other food stores,
including retailers that offer a varied assortment
of foods comparable to what exists at a grocery store;
b. Pharmacies and alternative treatment centers that dispense medicinal marijuana;
c. Medical supply stores;
d. Retail functions of gas stations;
e. Convenience stores;
f. Ancillary stores within healthcare facilities;
g. Hardware and home improvement stores;
h. Retail functions of banks and other financial institutions;
i. Retail functions of laundromats and dry-cleaning services;
j. Stores that principally sell supplies for children under five years old;
k. Pet stores;
l. Liquor stores;
m. Car dealerships, but only to provide auto maintenance and repair services, and auto mechanics;
n. Retail functions of printing and office supply shops; and
o. Retail functions of mail and delivery stores.
7. Any essential retail business whose brick-and-mortar
premises remain open to the public shall abide by social distancing
practices to the extent practicable while providing essential
services. These include all reasonable efforts to keep customers
six feet apart and frequent use of sanitizing products on common
surfaces.
8. All restaurants, cafeterias, dining establishments, and
food courts, with or without a liquor license, all bars, and all
other holders of a liquor license with retail consumption
privileges, are permitted to operate their normal business hours,
but are limited to offering only food delivery and/or take-out
services in accordance with their existing liquor licenses. If
alcoholic beverages are to be sold from a restaurant, dining
establishment or bar with a liquor license, such sales shall be
limited to original containers sold from the principal public
barroom. The on-premises consumption of alcohol is prohibited.
All retail sales of alcoholic beverages by limited brewery
licensees, restricted brewery licensees, plenary and farm winery
licensees (and associated salesrooms), craft distillery licensees
and cidery and meadery licensees must be in original containers
and must be sold through customer pick up and/or delivered by
licensees in accordance with their existing licenses.
9. All recreational and entertainment businesses, including
but not limited to the following list, must close to the public as
long as this Order remains in effect. The State Director of
Emergency Management, who is the Superintendent of State Police,
shall have the discretion to make additions, amendments,
clarifications, exceptions, and exclusions to this list:
a. Casino gaming floors, including retail sports
wagering lounges, and casino concert and
entertainment venues. Online and mobile sports and
casino gaming services may continue to be offered
notwithstanding the closure of the physical
facility.
b. Racetracks, including stabling facilities and
retail sports wagering lounges. Mobile sports
wagering services may continue to be offered
notwithstanding the closure of the physical
facility.
c. Gyms and fitness centers and classes.
d. Entertainment centers, including but not limited
to, movie theaters, performing arts centers, other
concert venues, and nightclubs.
e. All indoor portions of retail shopping malls.
Restaurants and other stores located within
shopping malls that have their own external
entrances open to the public, separate from the
general mall entrance, may remain open pursuant to
the terms and directives of this Order for
operating hours and takeout or food delivery
services. All entrances and exits to the common
area portions of retail shopping malls must remain
closed.
f. All places of public amusement, whether indoors or
outdoors, including but not limited to, locations
with amusement parks, water parks, aquariums, zoos,
arcades, fairs, children’s play centers, funplexes,
theme parks, bowling alleys, family and children’s
attractions.
g. Facilities where personal care services are
performed that, by their very nature, result in
noncompliance with social distancing guidelines,
including but not limited to cosmetology shops;
barber shops; beauty salons; hair braiding shops;
nail salons; electrology facilities; spas,
including day spas and medical spas, at which
solely elective and cosmetic medical procedures are
performed; massage parlors, tanning salons, tattoo
parlors, and public and private social clubs,
whether or not they serve alcohol, including but
not limited to facilities owned or operated by the
American Legion, Veterans of Foreign Wars, Knights
of Columbus, and any other social clubs associated
with community service organizations. This
excludes any health facilities that provide
medically necessary or therapeutic services.
h. All municipal, county, and State public libraries,
and all libraries and computer labs at public and
private colleges and universities.
10. All businesses or non-profits in the State, whether
closed or open to the public, must accommodate their workforce,
wherever practicable, for telework or work-from-home arrangements.
For purposes of this order, “telework” means the practice of
working from home or alternative locations closer to home through
the use of technology that equips the individual to access
necessary materials.
11. To the extent a business or non-profit has employees
that cannot perform their functions via telework or work-from-home
arrangements, the business or non-profit should make best efforts
to reduce staff on site to the minimal number necessary to ensure
that essential operations can continue. Examples of employees who
need to be physically present at their work site in order to
perform their duties include, but are not limited to, law
enforcement officers, fire fighters, and other first responders,
cashiers or store clerks, construction workers, utility workers,
repair workers, warehouse workers, lab researchers, information
technology maintenance workers, janitorial and custodial staff,
and certain administrative staff.
12. All public, private, and parochial preschool program
premises, and elementary and secondary schools, including charter
and renaissance schools, shall remain closed to students as long
as this Order remains in effect.
13. All institutions of higher education shall continue to
cease such in-person instruction as long as this Order remains in
effect. The Secretary of the Office of Higher Education shall have
the authority to grant a waiver to allow in-person instruction to
students on a case-by-case basis where a compelling rationale to
allow such access exists. The Secretary of the Office of Higher
Education shall coordinate with institutions of higher education
to determine appropriate student housing conditions for those
students who reside in on-campus housing as their primary
residence.
14. The Commissioner of the Department of Education (“DOE”),
in consultation with the Commissioner of DOH, shall be authorized
to permit schools to remain open on a limited basis for the
provision of food or other essential, non-educational services, or
for educational or child care services if needed in emergency
situations after consultation with the Commissioner of DOH. The
Commissioner of DOE shall also have the authority to close any
other career or training facilities over which he has oversight,
after consultation with the Commissioner of DOH.
15. The Commissioner of DOE shall continue working with each
public school district, and private and parochial schools as
appropriate, to ensure that students are able to continue their
educations during this time period through appropriate home
instruction. Local school districts, charter schools, and
renaissance schools, in consultation with the Commissioner of DOE,
shall have the authority and discretion to determine home
instruction arrangements as appropriate on a case-by-case basis to
ensure all students are provided with appropriate home
instruction, taking into account all relevant constitutional and
statutory obligations.
16. The Secretary of the Department of Agriculture, in
conjunction with the Commissioner of DOE, shall take all necessary
actions to ensure that all students eligible for free or reduced
meals shall continue to receive the services or supports necessary
to meet nutritional needs during closures.
17. Nothing in this Order shall be construed to limit,
prohibit, or restrict in any way the provision of health care or
medical services to members of the public.
18. Nothing in this Order shall be construed to limit,
prohibit, or restrict in any way access to essential services for
low-income residents, including but not limited to food banks.
19. Nothing in this Order shall be construed to limit,
prohibit, or restrict in any way the operations of newspapers,
television, radio, and other media services.
20. Nothing in this Order shall be construed to limit,
prohibit, or restrict in any way the operations of law enforcement
agencies.
21. Nothing in this Order shall be construed to limit,
prohibit, or restrict in any way the operations of the federal
government, or the movement of federal officials in New Jersey
while acting in their official capacity.
22. In accordance with N.J.S.A. App. A:9-33, et seq., as
supplemented and amended, the State Director of Emergency
Management, who is the Superintendent of State Police, through the
police agencies under his control, to determine and control the
direction of the flow of vehicular traffic on any State or
interstate highway, municipal or county road, and any access road,
including the right to detour, reroute, or divert any or all
traffic and to prevent ingress or egress from any area that, in
the State Director's discretion, is deemed necessary for the
protection of the health, safety, and welfare of the public, and
to remove parked or abandoned vehicles from such roadways as
conditions warrant.
23. The Attorney General, pursuant to the provisions of
N.J.S.A. 39:4-213, shall act through the Superintendent of State
Police, to determine and control the direction of the flow of
vehicular traffic on any State or interstate highway, municipal or
county road, and any access road, including the right to detour,
reroute, or divert any or all traffic, to prevent ingress or
egress, and to determine the type of vehicle or vehicles to be
operated on such roadways. I further authorize all law enforcement
officers to enforce any such order of the Attorney General or
Superintendent of State Police within their respective
municipalities.
24. 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
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 in all matters concerning
this Executive Order.
25. Penalties for violations of this Executive Order may be
imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.
26. This Order shall take effect on Saturday, March 21, 2020,
at 9:00 p.m., and shall remain in effect until revoked or modified
by the Governor, who shall consult with the Commissioner of DOH as
appropriate.
GIVEN, under my hand and seal this 21st 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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