WIXLIB

EXECUTIVE ORDER NO. 113WHEREAS, through Executive Order No. 102 (2020), which Isigned on February 3, 2020, I created the State’s Coronavirus TaskForce, chaired by the Commissioner of the New Jersey Department ofHealth (“DOH”), in order to coordinate the State’s efforts toappropriately prepare for and respond to the public health hazardposed by Coronavirus disease 2019 (“COVID-19”); andWHEREAS, on March 9, 2020, through Executive Order No. dbyreference herein, I declared both a Public Health Emergency and aState of Emergency throughout the State due to the public healthhazard created by COVID-19; empowered the State Director of Emergency Management, who is eCommissioner of DOH, to take any emergency measures as the StateDirector may determine necessary in order to fully and adequatelyprotect the health, safety, and welfare of the citizens of NewJersey from any actual or potential threat or danger that may existfrom the possible exposure to COVID-19; andWHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, Ireserved the right to utilize and employ all available resourcesof State government to protect against the emergency created byCOVID-19; andWHEREAS, on March 23, 2020, I signed Executive Order No. dbyreference herein, requiring that all businesses and non-hospitalhealth care facilities submit an inventory to the State of thePersonal Protective Equipment (“PPE”), ventilators, respirators,and anesthesia machines they have in their possession that are notrequired for the provision of critical health care services; and

2WHEREAS, on March 28, 2020, I signed Executive Order No. dbyreference herein, requiring health care facilities to report dataconcerning their capacity and supplies on a daily basis, includingdata relating to bed capacity, ventilators, and PPE; andWHEREAS, the collection and dissemination of this informationallows the State to best allocate medical resources, such as PPE,ventilators, respirators, and anesthesia machines, during thisstate of emergency and public health emergency; andWHEREAS, the State has taken aggressive steps to expand thecapacity of New Jersey’s overall health care system, including theassembly of four Federal Medical Stations in three conventioncenter locations around the State, in partnership with the FederalEmergency Management Agency (“FEMA”), the U.S. Army Corps ofEngineers (“USACE”), the New Jersey State Police, and the NewJersey National Guard that will result in approximately 1,000 newhospital beds, as well as working with USACE to create additionalcapacity at hospitals on an accelerated timeline by inoverallhospitalizations throughout the State; sonable efforts to procure medical resources from the ndofthroughtraditional private sector purchasing; andWHEREAS, despite these efforts, there remains a cularlyinhospitals, healthcare facilities, and emergency response agenciesin the northern region of the State where the spread of COVID-19is particularly acute and where there has been a particularly highvolume of COVID-19 hospitalizations; and

3WHEREAS, as of April 2, 2020, there were at least 25,590positive cases of COVID-19 in New Jersey, with at least 537 ofthose cases having resulted in death; andWHEREAS, the number of positive cases of COVID-19 and relatedhospitalizations is expected to continue to rise, establishing nhospitals, healthcare facilities, and emergency response agenciesthroughout the State, especially in those regions where the spreadof COVID-19 is particularly acute and where there has been aparticularly high volume of hospitalizations; andWHEREAS, the New Jersey Civilian Defense and Disaster heGovernorto“utilize and employ all the available resources of the StateGovernment and of each and every political subdivision of thisState” and to “commandeer and utilize any personal services andany privately owned property necessary to avoid or protect againstany emergency” subject to the future repayment of such takings,N.J.S.A. App. A:9-34; andWHEREAS, the Disaster Control Act empowers the Governor “toemploy, take or use the personal services, or real or personalproperty, of any citizen or resident of this State, or of any sinessordomiciled in this State, or of any corporation incorporated in ordoing business in this State, or the real property of a nonresidentlocated in this State, for the purpose of securing the defense ofthe State or of protecting or promoting the public health, safetyor welfare,” N.J.S.A. App. A:9-51(a)(3); andWHEREAS, the reallocation of medical resources to the regionsand health care facilities particularly affected by COVID-19 willprotect and promote the public health, safety, and welfare of theState, including by reducing loss of life; and

4WHEREAS, the Disaster Control Act also establishes emergencycompensation boards in each county of the State, to be composed ofthree persons appointed by the Governor who shall serve at thewill and pleasure of the Governor and without compensation, whichwill adjudicate any claims for just compensation whenever propertyis taken or used pursuant to the Disaster Control Act; andWHEREAS,New ovisionsofoftheN.J.S.A.Stateof26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, ereto,confer upon the Governor of the State of New Jersey certainemergency powers, which I have invoked;NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State ofNew Jersey, by virtue of the authority vested in me by theConstitution and by the Statutes of this State, do hereby ORDERand DIRECT:1.The State Director of Emergency Management, who is theSuperintendent of State Police, is hereby authorized and empoweredto exercise the full authority afforded to the Governor under theDisaster Control Act to take or use personal services and/or realor personal property, including medical resources, for the purposeof protecting or promoting the public health, safety, or welfare.The State Director of Emergency Management shall exercise thisauthority in consultation with the Commissioner of DOH.2.Compensation shall be provided following the proceduresestablished by the Disaster Control Act, N.J.S.A. App. A:9-51.3.It shall be the duty of every person or entity in thisState or doing business in this State and of the members of thegoverning body and every official, employee, or agent of everypolitical subdivision in this State and of each member of all othergovernmental bodies, agencies, and authorities in this State of

5any nature whatsoever, to cooperate fully in all matters concerningthis Executive Order, and to cooperate fully with AdministrativeOrders issued pursuant to this Executive litical subdivision of this State shall enact or enforce anyorder, rule, regulation, ordinance, or resolution which will ormight in any way conflict with any of the provisions of myExecutive Order, or which will or might in any way interfere withor impede its achievement, or the achievement of AdministrativeOrders issued as authorized by my Executive lremain in effect until revoked or modified by the Governor, whoshall consult with the Commissioner of DOH as appropriate.GIVEN, under my hand and seal this2nd day of April,Two Thousand and Twenty, andof the Independence of theUnitedStates,theTwoHundred and Forty-Fourth.[seal]/s/ Philip D. MurphyGovernorAttest:/s/ Matthew J. PlatkinChief Counsel to the Governor

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