Summary of New Jersey State of Emergency Executive Orders & COVID-19 Emergency

May 4, 2020Municipal Law

Executive Order 102 – February 3, 2020

  • Establishes Coronavirus Task Force, which will coordinate with local health departments to assess readiness and establish protocols for monitoring and treatment

Executive Order 103 – March 9, 2020

  • Declares State of Emergency and Public Health Emergency
  • Authorizes evacuations/deployment of National Guard where needed
  • Municipalities
    • must cooperate with State Director of Emergency Management and Commission of Department of Health
    • may waive/suspend/modify rules detrimental to public welfare, subject to Governor’s prior approval and in consultation with State Director of Emergency Management and Commissioner of DOH.
    • cannot enact/enforce rules that conflict with Order or purpose
    • cannot send public works, fire, police, EMS or other persons/equipment to non-contiguous towns or outside State unless directed by county emergency management coordinator in conjunction with State

Executive Order 104 – March 16, 2020

  • Orders aggressive social distancing measures: 
    • gatherings limited to 50 persons with certain exceptions; 
    • closes schools and colleges and converts to online learning; 
    • closes casinos, racetracks, gyms, entertainment centers and other non-essential retail;
    • limits restaurants/bars to delivery/take-out service; and
    • Authorizes penalties for violations of EO

Executive Order 105 – March 19, 2020

  • Changes election requirements at State, county and local levels, including relaxed delivery and completion requirement for petitions.
  • Postpones certain special elections
  • Suspends sample ballots; May 12, 2020 elections to be by mail only

Executive Order 106 – March 19, 2020

  • Prohibits evictions from residential properties, although legal process can be started and/or continue. Does not include hotels, motels, guest houses, seasonal quarters, or residential health care facilities. 

Executive Order 107 – March 21. 2020

  • Orders individuals to stay at home except for defined essential travel
  • Practice 6-foot social distancing where ever practicable
  • Public transport as last resort; telecommute or reduce/stagger workforce
  • Social events cancelled
  • Brick and mortar premises of non-essential retail businesses closed. 

Executive Order 108 – March 21. 2020

  • Invalidates any county/municipal restriction that may conflict with EO 107.

Executive Order 109 – March 21. 2020

  • Suspends elective surgeries

Executive Order 110 – March 21. 2020

  • Closes child care centers except for children of essential workers

Executive Order 111 – March 21. 2020

  • Orders health care facility to report certain data on daily basis

Executive Order 112 – April 1, 2020

  • Authorizes DCA to temporarily reactivate certain healthcare licenses
  • Expands permitted practices of certain healthcare professionals

Executive Order 113 – March 21. 2020

  • Authorizes commandeering of property like medical supplies. 

Executive Order 114 – March 21. 2020

  • Orders flags at half-staff for deaths related to COVID-19

Executive Order 115 – April 6, 2020

  • Permits certain retirees to return to government service to assist with COVID-19 response

Executive Order 116 – April 7, 2020

  • Extends deadlines for school elections postponed from April to May
  • Moves May deadline to June for governing bodies to present/certify tax levy to county if voters reject proposed school budget 
  • Deadlines regarding employment of nontenured teaching staff moved to June

Executive Order 117 – April 7, 2020

  • Waives student assessment requirements 

Executive Order 118 – April 7, 2020

  • Closed State and county parks, leaving closure of municipal parks up to towns

Executive Order 119 – April 7, 2020

  • Extends Public Health Emergency declared in EO 103 to May 7, 2020

Executive Order 120 – April 8, 2020

  • Moves federal and State primaries and certain other elections to July 7, 2020.

Executive Order 121 – April 8, 2020

  • Authorizes increased weight allowances for vehicles transporting relief supplies

Executive Order 122 – April 8, 2020

  • Orders essential retail to adopt additional social-distancing policies, including enforcing 50% maximum capacity and high-risk hours
  • Orders non-essential construction projected to cease. Essential construction includes projects ordered or contracted by municipalities, transportation, utility, residential  projects that are exclusively affordable housing, schools, certain other residential projects already begun, emergency repairs for health, safety and welfare of residents. Essential construction must adopt certain social-distancing policies
  • Essential businesses must adopt certain policies, including sending home symptomatic workers, notifying others of known exposure, sanitation practices, etc. 

Executive Order 123 – March 21. 2020

  • Extends insurance premium grace periods

Executive Order 124 – March 21. 2020

  • Establishes procedures to release certain at-risk inmates to at-home confinement.

Executive Order 125 – April 11, 2020

  • Orders NJ Transit/private carriers to establish social-distancing policies, including 50% maximum capacity
  • Orders dining establishments to establish new policies, including a limit of 10% maximum capacity for take-out premises. 

Executive Order 126 – April 13 ,2020

  • Prohibiting cable and telecommunications providers from terminating internet and voice service due to nonpayment. May downgrade or reduce quality for nonpayment if done pursuant to BPU policy. Late fees may be collected. Must reconnect services disconnected after 3/16/20. 

Executive Order 127 – April 14, 2020

  • Extends certain deadlines for rulemaking

Executive Order 128 – April 24, 2020

  • Authorizes, upon written request by tenant, use of security deposit and tenant’s portion of interest to be applied toward rent payments during public health emergency or up to 60 days after the end of the emergency
  • Tenant not obligated to submit further security deposit related to current contract
  • Landlord may recoup monies expected that would have been reimbursable by the security deposit at the time reimbursement from the deposit would have occurred. 

Executive Order 129 – April 28, 2020

  • Extends carry permits for retired officers to 90 days following end of public health emergency

Executive Order 130 – April 28, 2020

  • Authorizes municipalities to initiate by resolution grace period to June 1, 2020 for second-quarter tax payments due May 1, 2020
  • Prohibits public entities from adopting or enforcing any other extension of due dates or grace periods, or temporary modifications to rate of interest for failure to make timely payments

Executive Order 131 – April 28, 2020

  • Creates Governor’s Restart and Recovery Commission

Executive Order 132 – April 29, 2020

  • Permits electronic submission of initiative and referendum petitions to county and municipal clerks, with signatures collected via an online form from the State

Executive Order 133 – April 29, 2020

  • Reopens State parks/forests for passive recreation with social distancing requirements, Restrooms, playgrounds, exercise equipment, etc. remain closed. Face coverings recommended.
  • Counties may open county parks at their discretion
  • Campgrounds remain closed
  • Reopens golf courses with social distancing requirements/proper sanitation in place



Fred Semrau