New Jersey Administrative Code
Title - EXECUTIVE ORDERS
Title 55 - CHRIS CHRISTIE
Section - Executive Order No. 135 (2020)

Current through Register Vol. 56, No. 24, December 18, 2024

Governor Philip D. Murphy

Executive Order No. 135 (2020)

An Order Suspending In-Person Requirements for Receipt of a Marriage License and Marriage Ceremonies, and for the Receipt of Working Papers for Minors

Issued: May 1, 2020.

Effective: May 4, 2020.

WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("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, on April 7, 2020, I issued Executive Order No. 119 (2020), the facts and circumstances of which are adopted by reference herein, which declared that the Public Health Emergency declared in Executive Order No. 103 (2020) continues to exist; and

WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve 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 (2020), the facts and circumstances of which are all adopted by reference herein; and

WHEREAS, 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, Executive Order No. 107 (2020) ordered steps to mitigate community spread of COVID-19; 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, Executive Order No. 107 (2020) directed all businesses or non-profits in the State, whether closed or open to the public, to accommodate their workforce, wherever practicable, for telework or work-from-home arrangements; 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. 104 (2020) directed that all public, private and parochial schools, including charter and renaissance schools, close to the public beginning on March 18, 2020, and Executive Order No. 107 (2020) directed those schools to remain closed; and

WHEREAS, compliance with the social distancing strategies and travel restrictions required by Executive Orders No. 104 and 107 (2020) impact the ability of the residents of this State to comply with certain statutory requirements to appear in person before certain public officials when seeking to obtain certain licenses, certificates, and other benefits; and

WHEREAS, under N.J.S.A. 37:1-2, persons intending to be married or to enter into a civil union must obtain a marriage or civil union license from a licensing officer and deliver it to the person who is to officiate; and

WHEREAS, under N.J.S.A. 37:1-7 and -8, individuals seeking to obtain a marriage or civil union license must appear personally or through an attorney-in-fact before the licensing officer and, in the presence of the licensing officer, subscribe and swear to an oat attesting to certain facts respecting the legality of the proposed marriage or civil union, which must also be verified by a witness of legal age; and

WHEREAS, under N.J.S.A. 37:1-4, a marriage or civil union license shall not be issued sooner than 72 hours after an application has been made, and a license so issued shall be good and valid only for 30 days after the date of issuance; and

WHEREAS, under N.J.S.A. 37:1-17, the certificate of marriage or civil union must be signed by the officiant by or before whom the marriage or civil union was solemnized, who must also indicate the date and place of the marriage or civil union; and

WHEREAS, under N.J.S.A. 37:1-17, the certificate of marriage or civil union must also be signed by at least two witnesses who were present at the marriage or civil union ceremony; and

WHEREAS, to comply with my directives to implement social distancing strategies and to limit person-to-person interactions in accordance with CDC and New Jersey Department of Health ("DOH") guidance, certain municipal and State offices have implemented telework or work-from-home arrangements, thus reducing staff on site to the minimal number necessary to continue essential operations; and

WHEREAS, given my direction to strictly observe social distancing practices, including my direction that employees work remotely, individuals seeking to marry or enter into a civil union may be unable to appear in person before a licensing official and/or to solemnize the marriage or civil union as required in the presence of an officiant and two witnesses within 30 days of issuance of the license; and

WHEREAS, the requirements that individuals seeking to marry or enter into a civil union must appear in person to effectuate the arrangement may be accomplished for a limited time period through the use of audio-visual technology, also referred to as video conferencing, while nevertheless providing confidence that marriages and civil unions are entered into legitimately and free of duress; and

WHEREAS, for these reasons, among others, strict enforcement of the various statutory requirements to appear in person relating to marriage or civil union licenses is detrimental to the public welfare; and

WHEREAS, in light of the current crisis, individuals may need to expedite their marriage or civil union, so that the 72-hour waiting period between application and issuance of license should be suspended; and

WHEREAS, N.J.S.A. 34:2-21.7(a) generally prohibits the employment of minors under the age of 18 years of age unless the employer procures and keeps on file an employment certificate or special permit for the minor that is issued by the issuing officer of the school district in which the child resides or, if the child is a nonresident of the State, of the district in which the child has obtained a promise of employment; and

WHEREAS, N.J.S.A. 34:2-21.8 provides that a school district issuing officer shall issue an employment certificate or special permit only upon the application in person of the minor desiring employment; and

WHEREAS, N.J.S.A. 34:2-21.10 provides that, upon issuance of such certificate, it must be signed by the child in whose name it is issued in the presence of the issuing officer; and

WHEREAS, given the closure of all public schools, minors are unable to appear personally before school district issuing officers in order to apply for or sign the employment certificate as required by applicable statutes; and

WHEREAS, the inability of minors to obtain employment certificates as required by law will render them unable to obtain gainful employment; and

WHEREAS, the requirements that minors appear personally before school district issuing officers in order to apply for or sign the employment certificate may be accomplished for a limited time period through the use of audio-visual technology, while nevertheless providing confidence that such arrangements are entered into legitimately; and

WHEREAS, for these reasons, among others, strict enforcement of the various statutory requirements to appear in person relating to employment certificates for such minors is detrimental to the public welfare; and

WHEREAS, while it is critical to ensure that individuals are able to use audio-visual technology in order to obtain marriage or civil union licenses or necessary employment certificates during the Public Health Emergency declared for COVID-19, it is important to recognize that not all such individuals have equal access to or experience with such technology, and thus it is important to ensure that such individuals can still obtain the applicable licenses or employment certificates without audio-visual technology; and

WHEREAS, pursuant to N.J.S.A. App. A:9-47, the Governor is authorized to, among other things, suspend any regulatory provision of law when its enforcement is detrimental to the public welfare during an 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. and N.J.S.A. App. A:9-33 et seq., 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: