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MTNJAGMBBlock0725_2024-07-25-16-25-16

Welcome back to ask Governor Murphy here on News 12 New Jersey. Uh and we're continuing to take your questions and calls right now. Here's a question from uh one of our viewers who wants to know about the ongoing problems on, uh NJ transit and Amtrak, Governor Murphy. Please take care of uh, the Northeast corridor line owned by Amtrak. There's been delays every day. People stuck in Penn Station, people trying to get to work. It's gotten worse over the last couple of years. What can be done about that? Hey, this is Dan from mccutcheon, if I read that right. So Natalie Hamilton's with me, Natalie, make sure if you could that. Uh, Kevin Corbett, the CEO of NJ transit gets to Dan tomorrow. This has been a tough summer. There's no other way to put it and it frankly to use a diplomatic word. It's, I won't use it. Uh but it, it's, it's really, really um uh angering. Um and I don't blame Dan for being upset. I'm upset as well. Um And, and part of the reason I'm upset is some of this is self-inflicted n New Jersey transit when you back the lens up and you look at the big picture where we were day one versus where we are now, progress has been enormous. They just voted last night to, to get 24. I think state of the art new uh uh, cars that'll be double deckers, that'll be the best in the nation. They won an award as the best transit system in the nation. They also just came off a couple uh about a week or so where they had to take cars out of service because of heat related issues. So the so heat is an issue with the, so some of this is self inflicted. A lot of it is not you, you're, you're riding on Amtrak infrastructure as Dan rightfully points out these catenary wires which is the, the overhead wires get sagged and, and, and me must messed up in high, high heat like, like you have today. Um Just one thing after another Amtrak and we are on the same tracks. My predecessor bless his heart canceled the prior version of the two new tunnels under the Hudson to the oil tunnels, the so called Arc project for several years. Now, we would have had four tunnels under the Hudson. We're finally getting back and we're gonna build those four tunnels or two tunnels and rehab the old two. We'll get there but it is um I'm not gonna tell anybody. It's like, it's like Joe Biden's debate. I'm not gonna tell you it was a good summer so far. Uh, for, uh NJ, transit commuters, it's going to get better. I promise you, we have a great relationship with Amtrak, uh, particularly Tony Koshis chair who's a Jersey guy. Um, but it, I will, I will use that word. It sucked. Uh, and I'm not happy not to put too fine a point on it. I mean, it, it, it's been a pretty disastrous summer and there is this threat that's hanging over, not only NJ transit, but commuters that it could get a whole lot worse in terms of an engineer, a locomotive engineer strike. Uh The president actually just took some steps this week to at least delay that a little bit talk about what he did and, and what this means or could mean ultimately for commuters if this happens. Well, I'll get to that in a second what the president did and I wanna thank the president publicly for doing it. He put an emergency board together in essence, that's going to adjudicate uh the, the, the cause between the engineers on the one hand and, and the employers and the other. As you rightfully pointed out, this is not specific to NJ transit. They haven't had a contract since 2019. That's correct. And this is a broader national reality, not just related to us. I think we put the request in for this about 30 days ago. Don't hold me to it. This will give us another 90 days and god willing we, that will bear fruit. Um, if it doesn't. Um, and there is a strike. Remember when we started, we didn't have remotely enough engineers. We were, we were understaffed completely. We're now fully staffed. That's the good news. A strike would be disastrous. Um, and we're just gonna have to do everything we can to avoid that. Uh, again, right now we're plus or minus. I don't want, um, people will take a shot at me. We're plus or minus a nine or 10 month in great shape system and we're in a 2 to 3 month in hot weather soup. It feels like every summer when we started, it was cause we didn't have enough engineers. We've now fixed that problem. Prior administration just e emptied the cupboard, we corrected that it took us a couple of years, but we did. Now, it is largely not entirely, largely infrastructure that is largely Amtrak and it is in largely, not entirely in hot weather like we're having right now, governor. Uh, we have a call I wanna get to in a moment but, uh, just to ask one more question on, on this particular topic. I mean, you're, you're not going back to the No, I'm not maybe later. Uh The, so listen, we said the engineers have been working without a contract since 2019. How much of an impact could this labor dispute potentially have on NJT at a time when you know, they're, they're just as 15% fair increase that's gone into effect. Uh, it, they, they've been in dire straits financially for, for many years now. We've largely corrected that with this corporate transit fee, the fair increase, which is painful. I don't love it. No. Who does? But that's gonna help the state's gonna continue to push money over the turnpike authority. They, they have solved, we've solved the financial challenges. We had solved a lot of the operating challenges. Uh It's quite clear for the past six weeks, we've not solved all of them and that's why I'm as upset as commuters are, but a strike would be disastrous. There's no two ways about it and by the way, we're a big pro labor state. So I'm not suggesting that the, the notion of striking for better wages and benefits is a bad thing. I'm not suggesting that, but the impact on the operations of NJ transit and on commuters would be uh dire c minority leader, Anthony Buco reiterated his call this week for an audit of NJT. Uh is that something you'd support? Uh, open minded? Tony is a good guy. He's in this line of business for the right reasons. I've not spoken to him. Uh But I would say also to Tony, uh if the impression is we're not all over these guys and gals in this entity, that would be a, a misunderstanding of the impression because we are all over this entity, morning, noon and night and we'll stay that way. Governor. Uh, we have to take another quick break, but when we come back, we do have a call and we're gonna take that question when we come back.

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MTNJAGMCBlock0725_2024-07-25-16-31-50

All right, governor. Let's get to the phones right now. Uh, we have John from Patterson on the line. John, thanks for calling in. What's your question? Hey, John. Uh, hi, Governor. Uh, I have a question. Uh, I reached out to you once before on, uh, ask the governor. Uh, you vowed to, to, to help me with this situation. I'm a, a career firefighter nearly 20 years. I lost my EMT cert while being sickened with COVID for nearly a year to, yes, I did the research I did everything I need to do and they changed the rules while I was out sick and they refused to, to research me. I would like to know if you can do anything for me. If you can help me get my cert back. I reach out to your office several letters, several letters to, uh, ems and I've gotten nowhere. God bless you, John. And I'm, I'm nearly about to lose my job. Uh, God bless you and, and a first responder no less. And thank you for being, we saw with the policeman, uh, in ra way last night, uh, firefighters, cops put their life on the line every day. Um John, I'm gonna ask, I think I'm gonna ask em Ek Natalie if you could get Emmy on this case. Uh She is uh one of our very best and let's give it a shot here. I'm, I'm disappointed that you had to call again because I remember your first call distinctly and thinking it was very unfair at the time. I don't have all the details uh at my fingertips, but I promise you we'll take this seriously. Uh Mek Spa will follow up with you in the next 24 hours. And in the meantime, you're in my prayers. God bless you and, and stay strong, John Governor. Uh this week you signed the Louisa Carmen Medical Debt Relief Act. Uh And, and I know this one was very personal to you, to your staff to, to a lot of folks in the State House. Can you explain what this act does and why this is so vital? So Louisa Carmen was a colleague of ours outstanding in our policy area and she was obsessed with health care accessibility and affordability. Um and she was tragically killed in an automobile accident on New Year's Day of this year. And so, as I mentioned in my state of the state address, we pursued this medical debt Relief Act in her name and in her honor. Uh and I signed it this week uh in the presence of her mom and dad and three of her cousins and many of her colleagues. And it turns out this is not the only step by far that we've taken or need to take to make health care more accessible and affordable. But this is a big one. It turns out at least one in 10 families in New Jersey are in debt collections, medical debt collections as a result of healthcare debt. Uh and that number is much bigger in black and brown communities. So this Louisa Carmen Act takes a number of different steps to unburden folks. Medical debt can, can no longer impact your credit score, you can no longer get a bill while you're still in the hospital. Uh Several mechanisms to allow you more time to pay down your debt. There's another companion bill that I did not sign that's still in the legislature and I hope it gets to my desk which would simplify billing, you know, billing, you know, this, you get a bill I mentioned to you earlier. I did my annual check every I looked at the bill. I I like if I did, if I weren't in the room, I wouldn't have known what he did to me. Um So this is to simplify bills from doctors from hospitals. It's a whole series of steps. We separately, by the way, put aside $10 million to buy medical debt on the secondary market to the tune of one penny on the dollar. So you could buy a lot of uh a lot of debt, uh, or I should say ye yes, one penny on the dollar. You could buy a lot of outstanding medical debt if you will on the secondary market. That's another step we've taken. But God bless in, uh, the memory of Luisa Carmen. She was one of our very best governor. Uh, we're gonna take another quick break. We've got plenty more questions and topics to get to you today on ask Governor Murphy. We'll be right back.

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MTNJAGMDBlock0725_2024-07-25-16-43-15

Welcome back to ask Governor Murphy here on News 12 New Jersey. Uh, remember you can get your questions to the man himself right here in a numerous number of different ways. Let's take a look at how you can actually get to us on X. You just use the hashtag ask gov Murphy also on the news 12 New Jersey Facebook page and give us a call. 888 news 12 MJ. That's 8886397 26. Governor. Let's get to a call right now. We have Manny from Basking Ridge on the line. Manny, thanks for calling in. What's your question? Hey man. Thank you, Governor. We seem to be getting slammed all over the place with utilities going up, insurance companies going up. I mean, you know, New Jersey seems to have the reputation that we're the most expensive state to live in. And, you know, I have like, for example, State Farm, I have that, I'm, I've got an increase of $100 a month. That's $1200. I'm retired. I get a pension from the state. You know, the state doesn't give you any cost of living increases and I don't know why the utilities or the insurance are picking this time with inflation the way it is. I just don't understand it. It's just not a good impression. Yeah. So Manny uh all uh understood and deeply felt, I'm gonna ask Dennis Zello Natalie to follow up with Manny. This won't make you feel any better Manny. So I'm I'm not suggesting it will. It's not New Jersey only in this one. You, you look at insurance rates in Florida, by example, you, you've got one of two things happening in Florida. Either your rates are going up at an eye popping level or worse yet, the insurance company is pulling out of Florida. Uh And I'm using Florida as one example and I'm not making light of the fact that it's, it's ha not happening in New Jersey because it is health care costs, insurance costs. You've got inflation in the general system, all real but not unique uh to Jersey. Um in terms of cost of living many uh if, if we had more financial latitude, as I've said on this program many times, we made a conscious decision to, to rescue the pension system which was a train wreck. There had not been a full pension payment in the state, both sides of the aisle, governors from both sides for a quarter of a century. Uh And we said, you know, the bucks gonna stop here. We've now made four consecutive full pension payments to the tune. By the way, this year of $7.1 billion.06 billion of which is a penalty for not having made the full payments in the past the past four years, the penalty $23 billion. But the conscious decision was to get the pension system back on its feet. And then once we did that, if we had any uh, financial latitude that we would look seriously at something in Cola, there's a group of retirees who are really impressive, who, who carry the water on this for many hundreds of thousands of retirees. We've, we've looked at this every which way. Uh And I would just say, I'm not saying never. Uh but the pension system itself continues to be our number one objective. But again, we'll have Dennis follow up with you, man. And maybe there's some good ideas that we've got that we're seeing that we can share with you and that will make the burden on things like insurance and health care costs. Uh more, more palatable and bearable governor. We have another question about cost of living right now. One of our viewers actually asked this question, uh this week, my question for Governor Murphy is if I'm a single father in New Jersey, and I'm looking to get a little bit more income so I could actually stay and live in New Jersey. What resources, what educational resources do you have that can help me get some more income outside of my career or my 9 to 5. Is there any credit programs? Any funding programs, any real estate programs so I can get my first rental property and, and start making some passive and semi passive income. I love that. That's Prada in West Orange Natalie. Um Let's get, uh let's get the aforementioned Dennis Eoff to follow up with Prada as well. Uh And maybe Robert Sarah Angelo, our workforce and labor commissioner, we have a lot. So we're probably nation leading on apprenticeship programs, retooling mid, mid careers, um making community college, uh free uh under certain income levels. So you can learn a new skill. Excuse me, we have a lot going on on the workforce development front. Uh I'm not sure I got a specific crisp answer as to uh the passive income question that Prada asked, but we have a lot of, a lot of tools in our toolbox and let's get Dennis to follow up with Prada and, and hopefully get something going for him. Governor. Uh We have a call right now. Oh, we do not have a call yet. I apologize. Governor. Uh, let's talk about another topic now that we've discussed on the show numerous times already. Uh, and this has to do with the school funding formula and in particular districts that were really kind of getting slammed. This week, the State Department of Education adopted budgets for Tom River and the Jackson school districts both facing large deficits as you know, that they blamed on a cut in state aid and state funding. The backlash to the news this week has, has been scathing. It's been fierce. This is from Tom Rivers superintendent just wanna read this to you and I apologize for the, the lengthy wind up here governor. He writes yesterday, uh, the New Jersey Department of Education announced that it has taken it upon itself the action to impose a 9.9% tax increase on this and increase our Times River Regional uh Schools Board of Education had previously and summarily rejected, it means that we are still more than $12 million short of a balanced budget for this school year, which is part of the reason our school board rejected this measure in the first place. Therefore, we are continuing the pursuit of liquidating as he goes on to say, as I promised in my public statements, July 3rd, we are utilizing all legal channels to correct the funding failures of the NJDOE. Now the Board of Ed President, in this case, uh much more scathing comments here. This is Kathy Egan. She called the Doe Iron fisted and tyrannical. She says, let us be clear, your elected board members rejected a tax increase only to have a non elected bureaucrat usurp our authority and impose taxation without representation. Not only does this action run afoul of the very principles our country was founded upon it directly contradicts the commissioner's prior regarding the ecology of local control, I told you it was a lengthy wind up. That was, yeah, it was, uh, listen, there couldn't be more daylight. It seems here between the doe and the local districts. Here districts are blaming the state. Uh, the state is blaming the districts for poor budgeting with all due respect. Uh, the commissioner has no choice. This is the law if a, a budget is not adopted by a certain date, uh his choice is frankly, this was the more benign step. He has no choice. Uh So I feel badly. It's not what we had hoped it would come to wii I stand completely for local control and they should have control of their destiny, but they didn't pass a budget and that leaves us with no choice. But folks need to understand and again, you'll bear with me because this is never an easy one to explain in a sound bite. Uh There's a formula, I didn't start make the formula uh but the formula exists and we allowed it to get put in place over a seven year period and this is not a cut. In fact, we I've signed a supplemental uh education bill a couple of months ago before the budget for about $43 million. And both Jackson and Tom's River got money in that supplemental. The problem is this, you can't look just at the state's contribution and say, did I get more or did I get less? You have to look at the holistic whole picture, what can the community afford? And typically, when the state's contribution goes down, it's for two reasons. Uh And I believe at least one, if not, both are at play in both of these communities. Number one, there's a capacity issue. You have too many seats. Um And by the way, these uh I'm not making light of this part of the Jackson plan is to close the school. And who wants to see that every kid who went to that school and they've grown up, they've got memories. They remember their first grade teacher. It, it, it stinks. I get that. Um But if you have overcapacity with all due respect, that's not on me. I didn't build those schools. That's one reason. The other reason is typically that the local wealth share that the the ability to pay in a community has gone up and not gone down. And so the two th about 65% of school districts got more money in the budget. About 30% got fewer and about 5% were plus or minus the same. Put on the other side of the coin. The, the districts that got more money are either growing with kids in the seats and I forget the last decade numbers for Jackson and Tom's River. But capacity is a real issue in both of those communities. They were either growing and or the local ability to fund fully, the fully fund the formula was going down and not up again, I'm not, I don't have the specifics right in front of me on Jackson and Tom's River. Two great communities I might add. But either or both of those realities were in play capacity. Too much wealth going up, not going down. That feeds into a formula. Both of those do and it spits out what the state needs to do again. We supplemented that knowing that there's pain, we always have a small amount of money that we recognize. Uh sometimes that transition stinks and we wanna help out, we then added $43 million to that, that the legislature passed and we signed. Should we look at the formula? Yes, we probably should. Uh But as it relates to the commissioner's actions, it's the law. We have no choice. I wish it hadn't come to it. He could have taken much more draconian steps. He chose not to. He's a good guy. He's sympathetic with this as well. And God willing, we'll be able to figure this out in the long run governor. We're sorry to take a little time. No, it's fine. It's, it's, it's a complicated, it is, it's a complicated subject and one where people are very passionate. Uh We're gonna take another quick break here and ask Governor Murphy more of your questions when we come back

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MTNJAGMEBlock0725_2024-07-25-16-55-41

Welcome back to ask Governor Murphy here on news 12, New Jersey. I'm Eric last Colonel. I'm with Governor Murphy. Governor. I know you wanted to clarify something that we discussed earlier. Engineers at NJ Transit, I apologize. Uh One of my colleagues reminded me a point I wanted to make. There are, I think 15 unions uh that work with NJ transit. We've long settled. 14 of those 15 and the engineers have been offered a package that is very comparable to the other uh unions. So I wanna make sure folks know that this has been a union friendly shop. Overwhelmingly. Secondly, uh you mentioned Senator Tony Bucco asking for an audit and I said I'm open but we're all over it. My colleague reminded me, actually, we instilled uh I, I started an audit a few weeks ago with a group called North Highlands which does transportation stuff only they're really good. Uh And they're helping us find our way through this. So I just wanted to clarify that. Go give me the chance. No problem. Let's get to uh the phones again. We have Annette from Patterson on the line. Hi, Annette. Thanks for calling. Hey, Annette. Hi. Hi, how are you? Hi, Governor Murphy. Thank you for taking my call. My honor. What's your question? My question. Um, it's about the safety issue with driving in the city of Patterson. Um, it's definitely overcrowded. We have all of the scooters, the motorcycles, uh, dirt bikes and, uh, illegal driving in the city. When I say illegal improper training, uh, a light turns green. You don't know if you should go yet because you got a scooter that's to the right of you. You're gonna go straight or make a left turn, but you got the scooter that's, you know, uh coming in front of you. So my, my question would be, is there any plan in the safety issue at looking at the traffic pattern um, in the city? You know, because we are the hub to the major highways and it's crowded. You bet Annette, thank you for that. I'm gonna ask our colleague, Natalie Rob Field to follow up with Annette, who knows Patterson like the back of his hand. I know her pretty darn well as, as well. And I don't think Annette's question is unique to Patterson. Uh as Bill Pas Pas Pascal would say Patterson with one t uh this is not unique uh to Patterson. Uh, but it's a real issue. So we've spent a lot of time working with the, the, the bike lanes and extending them, making sure that, uh, when you take your left, you rightfully put out your left turn or your right turn, you're not inadvertently putting somebody in a scooter in harm's way. Uh, but I'm gonna ask Annette Rob to follow up with you. And by the way, if you've got good ideas, it's not like we've got all the answers here. And I know what you mean when you're driving through a community like Patterson, which was one of our Hallmark communities. I might add one of the great American communities. Uh You can sometimes get in sort of a spaghetti situation. Uh And, and, and people's personal safety is at risk. So that's the last thing we want. So, Claire, please bear with us, Annette, I'm gonna have Rob give you a shout and would love to get any suggestions you've got as well. Take care. Uh Governor. Uh This next question is from John, uh John writes that he's a victim of clerical sexual assault uh as well as an advocate for victims of abuse. So here's his question. He says governor, uh victims of childhood sexual trauma have been trying for years to work with your administration on common sense, residency restrictions for convicted sex offenders. He says that your office has not gotten publicly behind a 4389. It's a bipartisan bill that would stop sex offenders from living next to schools. He goes on to write, will you commit to supporting such legislation and making it law in New Jersey before the end of your term. Well, I don't normally as you know, comment on laws that have not made it to my desk. Uh uh and, and further that we haven't made a decision on. But if John's asking me, uh, do I support keeping sex offenders from living beside a school? The answer is yes, I don't know what the specifics of the bill are but that statement, uh who, who's gonna argue with that. Um, But uh as it relates to what else that bill may do or may not do. Iii I can't comment and I ask John to bear with me, but I will ask our chief counsel, Param Garg to reach out to John. Uh I, I know Param and his team, I'm certain they're familiar with this bill and uh with John's blessing. We'll do that. And again, John, God bless you and everybody else who's been victimized and we'll do everything we can to protect you and, and others governor last week. Uh as you know, we experienced a, a global it outage uh said to be the worst in history. Uh crippling airlines, banks, hospitals, state agencies, you name it. Uh Fortune 500 companies suffered $500 million billion billion. Hold on, let me try that again. Fortune 500 companies alone, I'll get it out. Uh suffered more than $5 billion in direct losses. Uh Can you just talk about the impact on New Jersey where we stand? I think we largely uh got through it. Um The Airlines, I know Delta is the one that operates in Newark Liberty that had the longest tail of challenges. This was apparently benign. So it's crowd crowdstrike, which is a company we know was doing an upgrade basically of Microsoft software and it went haywire as opposed to criminal actors or nation state actors or, or terrorists who, who mess with us all the time. This does not appear to be any of those. Um I think we're largely through it. I think on the margin, I'm happy it happened in the summer as opposed to during the school year. Um, so we, we didn't have the, the burden of schools to be worried about. Um, but it just goes to show you, I mean, I, I mentioned I signed this A I bill today. We are increasingly uh subject to network and uh techno technological uh uh issues that, that are global in scale and our job in New Jersey is to stay ahead of them as best we can so far, so good. But the question is, did you get your $10 Uber Eats gift card, which uh crowdstrike had apparently been offering as compensation. I could say affirmatively as of this city. I have not, but I appreciate you raising this. All right. Uh We're gonna get to the phones right now. Let's get another uh, caller right now. What's your name? And your question, Heather? Hi, Governor Hi, Governor Murphy, my name is Heather. My question is you have a no child Left Behind Act. But if you're, if you're enforcing the No child Left Behind Act and you go to the school and ask for help and have, like, ask for an IEP and they tell you, um, that they can't give it to you but your child fails sixth, they pass them to seventh, they fail seventh, they pass them to eight. How, how is that? No child left behind because you're still leaving the child behind. Yeah, I'm not sure I understood all of that heather but no child behind matters a lot to us. Um And it looks like you're from Jackson and, and I, I think your question is unrelated to the budget realities and whatnot that we spoke about a few, a few minutes ago. Um but we are committed to leaving no child behind. I promise you that. Um I, I would like to ask um again, I'm gonna ask probably Dennis Eoff in this case to follow up with you within the next 24 hours because I need to understand the specifics of what you're going through. I assume it's your child or some someone in your universe that's going through this uh in Jackson. So please bear with me. I'm gonna have Dennis give you a shout. He will report back to me and if I need to, if I need to follow up you with you directly heather I will. So thank you. All right, Governor, let's take another quick break more with ask Governor Murphy when we come back.

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MTNJAGMFBlock0725_2024-07-25-17-00-32

Welcome back to ask Governor Murphy. All right, governor, uh uh, sports fans, basketball fans, they wanna know the Sixers coming to New Jersey. Well, I wouldn't say they're definitively coming, but we, we have been watching very closely what's been going on in Philadelphia. We know the ownership very well because they only the doubles and, and they've had their headquarters Sixers who had their headquarters in practice facility in Camden for years. Uh and we're close to the owners and their professional team that runs it and we said, you know what Camden's on the rise. Uh We, we, we think we've got an angle here so we're taking this seriously where it lands. I can't promise you. Uh But I think they're taking it seriously as well. We shall see. Is it? I said this is a Boston Celtics fan. So don't get mad at me. Is it, but is it a pressure tactic just to get Philly? You know what? II I know these guys well enough to know that I, that their interest is legitimate. But could this still even I'd say, is it likely it still ends in Philly? I would say more likely than not, but this is not an exercise that is, uh, without seriousness on both sides. The Jersey 76ers has a very odd ring to it. But, uh, speaking of bragging rights, governor, uh, shout out to, uh, Jets, QB Aaron Rodgers here because I don't know if you saw this one. He was on the, uh, pardon My Take Podcast. He said, quote, I know the stadium used to be on Long Island, but we are the New Jersey Jets and so are the Giants. I saw that I was, my breath was taken away. It's got a nice ring to it. It's got a nice ring to it. Um, well, it's one of those, uh, it's one of those quirks of history that we inherit. Uh, I was thrilled to see Aaron say that, say that rather, I also believe he lives in Jersey. Uh, I don't wanna give out his address, but I believe he lives in Jersey and we all know where the teams are. There you go. All right, Governor Murphy, thanks for being here. Good to be with you, Eric. Thank you for having me and thank you for watching us. Governor Murphy. We'll see you again next time.

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Gov. Phil Murphy answered viewers' questions on News 12 New Jersey's “Ask Gov. Murphy” program.

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Gov. Murphy answers viewers questions on ‘Ask Gov. Murphy’ program - July 25, 2024

Gov. Phil Murphy answered viewers' questions on News 12 New Jersey's “Ask Gov. Murphy” program.

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Jersey Proud: Kid uses lemonade stand earnings to buy school supplies for giveaway

Suffolk fire dispatcher says he was forced to retire due to his disability