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State of New Jersey
Executive Order #131

Acting Governor Donald T. DiFrancesco

WHEREAS, the World Trade Center towers in New York City have been the subject of a terrorist attack resulting in an explosion and the destruction of the towers , and a similar attack has occurred at the Pentagon; and

WHEREAS, the attack in New York City appears to have been from hi-jacked commercial airliners that were crashed into the World Trade Center; and

WHEREAS, the Federal Aviation Administration has grounded all flights at Newark International Airport and throughout the county; and

WHEREAS, the bridges and tunnels between New York City and New Jersey have been closed creating serious disruption of traffic and communications, and

WHEREAS, traffic on roadways throughout the State has been hampered and brought to a complete stand-still in the northern part of the State, and

WHEREAS, several municipalities have begun to evacuate buildings as a precaution against possible terrorist acts, and

WHEREAS, numerous casualties are being transported from the City of New York to hospitals and other locations throughout the State of New Jersey, and

WHEREAS, these conditions constitute a disaster from man made causes which threaten and presently do endanger the health, safety or resources of the residents of more than one municipality and county of this State; and may become in other parts of the State too large in scope to be handled in its entirety by the normal municipal operating services; and

WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of the Laws of 1942, Chapter 251 (N.J.S.A. App : 9-33 et seq.) and the Laws of 1979, Chapter 240 (N.J.S.A. 38A:3-6.1) and the Laws of 1963, Chapter 109 (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.

THEREFORE, I, Donald T. DiFrancesco, President of the Senate, Acting Governor of the State of New Jersey, in order to protect the health , safety and welfare of the people of the State of New Jersey do declare and proclaim that a State of Emergency has existed and presently exists in the State of New Jersey.

NOW THEREFORE, in accordance with the Laws of 1963 Chapter 109 (N.J.S.A. 38A:2-4), I hereby authorize the Adjutant General of the New Jersey National Guard to order to active duty such members of the New Jersey National Guard that, in his judgement, are necessary to provide aid to those localities where there is a threat or danger to the public health, safety and welfare. He may authorize the employment of any supporting vehicles, equipment, communications or supplies as may be necessary to support the members so ordered.

FURTHERMORE, in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App : 9-33 et seq.) as supplemented and amended, I hereby empower the Superintendent of the Division of State Police, who is the State's Director of Emergency Management, through the police agencies under his control to determine and control the direction of the flow of such vehicular traffic on any State Highway, municipal or county road, including the right to detour, reroute or divert any or all traffic and to prevent ingress or egress from any area, that the State Director, in his discretion, deems 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.

FURTHERMORE, in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App : 9-33 et seq.) as supplemented and amended, I hereby authorize the Attorney General, pursuant to the provisions of N.J.S.A. 39:4-213, acting through the Superintendent of the Division of State Police to determine the control and direction of the flow of vehicular traffic on any State or Interstate highway, and its access roads, including the right to detour, reroute or divert any or all traffic, and to prevent ingress or egress from any area to which this declaration of emergency applies. I further authorize all municipal law enforcement officers to enforce any such orders of the Superintendent of State Police within their respective municipalities.

FURTHERMORE, the Superintendent of the Division of State Police is hereby authorized to order the evacuation of all persons, except for those emergency and governmental personnel whose presence he deems necessary, from any area where their continued presence would present a danger to their health, safety or welfare because of the conditions created by this emergency. The Superintendent of the Division of State Police is further authorized and empowered to utilize all facilities owned, rented, operated and maintained by the State of New Jersey to house and shelter persons who may need to be evacuated from their residences, buildings or vehicles during the course of this emergency.

FURTHERMORE, in accordance with the Laws of 1941, Chapter 251 (N.J.S.A. App : 9-33 et seq.), I reserve the right to utilize and employ all available resources of the State government and of each and every political subdivision of the State, whether of men, properties or instrumentalities, and to commandeer and utilize any personal services and any privately owned property necessary to protect against this emergency, and

FURTHERMORE, I direct that the heads of any agency or instrumentality of the State government with authority to promulgate rules may, for the duration of this Executive Order, subject to my prior approval and in consultation with the State director of Emergency Management, waive, suspend or modify any existing rule the enforcement of which would be detrimental to the public welfare during this emergency, notwithstanding the provisions of the Administrative Procedure Act or any law to the contrary. Any such waiver, modification or suspension shall be promulgated in accordance with N.J.S.A. App. A:9-45.

This order shall take effect immediately and it shall remain in effect until such time as it is determined by me that an emergency no longer exists.

GIVEN, under my hand and seal
this 11th day of September in the
Year of Our Lord, two thousand
one, and of the Independence of
the United States, the two hundred
and twenty-sixth.

/s/Donald T. DiFrancesco
President of the Senate,
Acting Governor of the State of New Jersey

Attest:
Chief Counsel to the Governor

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