June 30, 2020

Alabama:

Governor Ivey issued an Emergency Order Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 “Safer at Home” Order until July 31. The Emergency Order extends the current Safer at Home Order but adds that all Hospitals and Nursing Home/Long Term Care Facilities (including Assisted Living and Specialty Care Assisted Living Facilities) shall limit the entrance of visitors, as defined by the facility, and non-essential health care personnel, except for certain compassionate care situations such as maternity, end-of-life, and support for persons with disabilities, as well as any other situations where the presence of a caregiver would facilitate appropriate care.

Arizona:

Governor Ducey has extended the “Good Samaritan” Order, which provided that healthcare professionals and organizations treating for COVID-19 are presumed to have acted in good faith and are immune from civil liability. The order is extended until December 31, 2020

Governor Ducey also issued Executive Order 2020-43, “Pausing of Arizona’s Reopening,” which institutes restrictions on certain businesses and activities.

• Effective June 29, 2020, organized public events of more than 50 people are prohibited, unless approved subject to certain safety restrictions;
• The Department of Liquor Licenses and Control will not issue series special event and festival/fair licenses from June 29, 2020 through July 27, 2020;
• Effective 8:00 p.m. on June 29, and until at least July 27, 2020, bars, indoor gyms, fitness clubs or centers, indoor movie theaters, and water parks and tubing operators must pause operations;
• Pools may remain open subject to physical distancing requirements.

To receive authorization to reopen, entities must complete and submit a form to the Arizona Department of Health Services, which attests they are in compliance with ADHS guidance related to COVID-19 business operations. The order remains in effect until further notice, and will be reconsidered for repeal or revision every two weeks after July 27, 2020.

Arkansas:

Governor Andrew Cuomo of New York added Arkansas to New York’s travel advisory list; this requires anyone traveling from Arkansas to New York to quarantine for fourteen days.

California:

On Monday, Governor Newsom signed California’s 2020 Budget Act, which authorizes a $202.1 billion spending plan aimed to strengthen both California’s economy and emergency pandemic response efforts. The Act also addresses a $54.3 billion budget shortfall precipitated by the COVID-19 recession. It estimates $5.7 billion in spending towards personal protective equipment, hospital surge preparation, and other expenditures to support populations at greater risk of contracting the virus. Additionally, the Act includes support for local school districts and counties hardest hit by the pandemic, and allocates $4.5 billion and $1.3 billion to school districts and counties, respectively, in order to address the public health impacts of the pandemic.

Colorado:

On Monday, Governor Polis issued Executive Order D 2020 122, extending the prior suspension of certain regulations in order to allow food truck operations at rest areas, for the purpose of encouraging commercial trucking operations by providing commercial truck drivers with access to freshly prepared meals. This authorization will expire on July 29, 2020.

Over the weekend, Governor Polis also extended the temporary suspension of 2020 calendar year filing requirements for business personal property, taxable natural resource property, and taxable oil and gas property. The temporary suspension, originally ordered on April 2, 2020, has been extended through July 28, 2020.

Connecticut:

On June 30, California, Georgia, Iowa, Idaho, Louisiana, Mississippi, Nevada, and Tennessee were added to Connecticut’s travel advisory order, Executive Order 7BBB.

• Pursuant to the order, all travelers entering Connecticut from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate over a seven-day rolling average, must self-quarantine for 14 days.
• The order also remains in effect for Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas, and Utah.

On June 29, Governor Lamont issued Executive Order 7DDD. Under the new order:

• Residential renters affected by COVID-19 were provided additional protections. No notice to quit for nonpayment of rent or service of summary process may be delivered to renters until after August 22. The opportunity to apply any security deposit in excess of one month’s rent toward rent due in April, May, June, July, or August 2020 has also been extended.
• State officials, such as department heads, agency heads, and commissioners, are authorized to extend all statutory and regulatory deadlines, requirements, and limitations for 90 days, provided such extension is reasonably necessary to respond to COVID-19 and granted prior to September 9, 2020.

Delaware:

On June 30, Governor Carney held a press briefing to discuss the recently passed $4.5 billion operating budget for Fiscal Year 2021. Under the budget:

• No new taxes will be introduced.
• State employees will not be laid off nor have their benefits diminished.
• Investments in infrastructure, ranging from school construction and farmland preservation to road and bridge improvements, will be made in every county.

Georgia:

Governor Kemp signed Executive Order 06.29.20.01, which extends the Public Health State of Emergency Declared on March 14, 2020, until August 12, 2020. The Governor also signed Executive Order 06.29.20.02, which is effective from July 1, 2020, until Jul 15, 2020. Under the new order:

• All residents and visitors to Georgia are strongly encouraged to wear face coverings, and practice sanitation in accordance with the guidelines published by the Centers for Disease Control and Prevention.
• No business, establishment, corporation, organization or local government shall allow gatherings of 50+ people in a single location if persons would be standing or seated within 6 feet of any other person.
• Workers at all Restaurants and Dining Rooms are required to wear face coverings while interacting with patrons.
• Gyms and fitness centers shall require no less than ten (10) feet of distance between patrons participating in group fitness classes.
• Movie theaters shall have at least one usher in each theater room before and at some point during each showing to ensure that proper social distancing protocol is followed.
• Bars must limit persons inside to fifty (50) persons or 35% of total listed fire capacity occupancy of the entire bar, whichever is greater.
• Amusement parks with open-air rides where patrons are arranged in rows (e.g. roller coasters), shall only allow persons in the same party to be seated on the same row and only permit seating on every other row.
• Schools may prohibit gatherings of students on the school premises outside of instructional times.
• “In-person” appearances before county boards of equalization may occur via remote communications, subject to the Georgia Open Meetings Act.
• County and municipal governments are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the Order, provided they are consistent with the Order.
• Live Performance Venues can host events as of July 1, 2020, subject to varying operation restrictions based on fire code capacity of the venue.
• Conventions can operate as of July 1, 2020, subject to the requirements of non-Critical Infrastructure businesses and additional measures to prevent the spread of COVID-19.

Illinois:

Illinois entered Phase 4 of Governor Pritzker’s Restore Illinois Plan on Friday, June 26. The Illinois Department of Commerce and Economic Opportunity has provided a Phase 4 guidelines overview. Industry-specific guidelines for Phase 4 are available for the following:

• Meetings and Social Gatherings
• Indoor and Outdoor Recreation
• Indoor and Outdoor Dining
• Museums
• Zoos
• Theaters and Performing Arts
• Youth and Recreational Sports
• Swimming facilities
• Film Production
• Manufacturing
• Offices
• Retail
• Service Counters
• Health and Fitness Centers
• Personal Care Services
• Day Camps

(Chicago): Chicago entered Phase 4 of Mayor Lightfoot's framework on Friday, June 26. Under Phase 4, the following industries may open with specific safety guidelines:

• Education and Childcare
  • Childcare guidelines (Phase 3 guidelines)
  • Higher education guidelines (Phase 3 guidelines)
  • Summer programs & youth activities guidelines
• Office and Real Estate
  • Commercial buildings guidelines
  • Residential buildings guidelines
• Accommodation and Tourism
  • Hotel and accommodation guidelines
  • Short term rentals guidelines
• Food Service and Bars
  • Food service and bars guidelines
• Retail and Services
  • Retail guidelines
  • Personal services guidelines
  • Health and fitness clubs guidelines
• B2B
  • Manufacturing guidelines
  • Construction guidelines
  • Transportation and warehousing guidelines
• Healthcare
  • Healthcare guidelines
• Transportation
  • CTA guidelines
  • Taxi and ride hail guidelines
• Parks and Outdoor Attractions
  • Parks and outdoor attractions guidelines
• Arts and Culture
  • Places of worship guidelines (Phase 3 guidelines)
  • Film and TV production guidelines
  • Museums
  • Performance venues
  • Movie theaters

While guidelines differ between industries, common guidelines include (1) maintaining 6-foot social distancing, (2) requiring face coverings in common areas, (3) frequently cleaning “high touch” areas, and (4) posting visual signage regarding hygiene, social distancing and proper PPE. Importantly, these industry guidelines do not provide a one-size-fits-all blueprint. Rather, businesses should take care to assess employee and customer needs as well as the layout and dimensions of the business facility.

Indiana:

Governor Holcomb signed Executive Order 20-33 to extend certain prior directives. The following provisions have been extended:

• Eviction Prohibition. The prohibition on filing eviction actions or proceedings involving residential rental property has been further extended to July 31, 2020.
• Foreclosure Prohibition. The prohibition on filing foreclosure actions or proceedings involving residential real estate or property has been extended to July 31, 2020.
• Prohibition of Discontinuation of Utility Services. The prohibition on discontinuing utility services has been further extended until August 14, 2020.
• Temporary Licenses for Health Care Workers. A health care worker, as defined by the Order, that received an initial 90-day temporary authorization to provide health care services is provided an additional 90-day authorization to continue providing those services.

Kansas:

Governor Kelly announced in a press conference on June 29 that face coverings will now be required throughout the state in public places. This includes shops, restaurants, and any situation where six-feet of separation cannot be maintained, even outside. The mandate goes into effect July 3. The Governor will release more information about the mask mandate in her executive order which will be released July 2.

Kentucky:

Governor Beshear announced today that the state will resume visitation at assisted living and personal care homes, group activities (10 or fewer) in facilities, communal dining and off-site appointments. Starting July 15, visitation will resume in nursing homes and in Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF-IIDs). Kentucky has also released new guidance on safety expectations for schools.

Louisiana:

Governor John Bel Edwards signed House Bill No. 5 into law from the 2020 Special Legislative Session, which provides for the emergency suspension of time limitations in certain civil proceedings. The bill authorizes the Supreme Court of Louisiana to enter necessary and appropriate orders to suspend (a) all prescriptive and preemptive periods and (b) the period of abandonment for a period of time not to exceed ninety days.

Maryland:

Governor Larry Hogan has extended the expiration date on his executive order banning utility companies from shutting off services or charging late fees.

The executive order applies to companies providing electric, gas, sewage disposal, water, phone, cable or internet service.

Mississippi:

Governor Andrew Cuomo of New York added Mississippi to New York’s travel advisory list; this requires anyone traveling from Mississippi to New York to quarantine for fourteen days.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued updated guidance for banquet and conference centers, effective June 29.

St. Louis County issued a Public Health Order, which took effect on June 29, 2020, and remains in effect until rescinded or amended. This order outlines minimum procedures all businesses must take and directs most businesses to follow the industry specific guidelines, which include capacity requirements for each. Prior to opening the following businesses must submit a plan for re-opening to DPH:

• Entertainment and attraction venues
• Concert Venues
• Mass Sporting Events
• Museums
• Casinos
• Playgrounds

Business reopening guidelines can be found here.

(Kansas City): Kansas City mayor Quinton Lucas issued Ninth Amended Order 20-01, which took effect on June 29, 2020, and expires at 12:01 a.m. on July 12, 2020. Under this new order:

• Employers are required to reasonably accommodate employees with health or safety concerns, responsibility for minors or others and not require they report to work in certain situations.
• Previous business limitations are rescinded except
  • Taverns must limit occupancy to 50% of their capacity.
• Employees and visitors of indoor establishments must wear masks when in an area or while performing an activity which involves close contact
• Employers are recommended to keep a record for visitors that remain for more than 10 minutes.
• Businesses with close service requirements must maintain a 6-foot distance between service areas

(City of Columbia): Mayor Brian Treece announced a desire to issue an ordinance requiring masks in all public settings. Staff are currently researching options to propose to the City council.

Nevada:

Governor Steve Sisolak signed Emergency Directive 026, which will extend Phase 2 of the state’s Nevada United: Roadmap to Recovery reopening plan until the end of July.

The directive provides that DMV documents that expired between March 12 and July 15 will be valid through September 13, 2020.

Directive 26 allows courts to move towards normal operations as they reopen to the public by allowing some collections actions to resume, and lifting the freeze on statutes of limitations. Businesses that have not paid license renewal fees since the beginning of the State of Emergency will have a grace period through September 30, 2020 to pay without penalties.

This directive also allows public bodies to continue to conduct business safely by extending the Open Meeting Law provisions of Directive 6 providing alternative ways for boards, commissions, and agencies to allow public participation.

This Directive shall remain in effect through July 31, 2020 at 11:59 p.m.

New Jersey:

On Tuesday, June 30, Governor Phil Murphy signed Executive Order No. 158, temporarily pausing the resumption of indoor dining, which had been scheduled to resume later this week. The Order also prohibits the consumption of food or beverages and smoking in the indoor premises of any retail, recreational, or entertainment business, including casinos, where masks are strictly required.

Governor Murphy further advised individuals traveling to New Jersey from eight additional states with significant community spread of COVID-19 to quarantine for a 14-day period from the time of last contact within the identified state. The travel advisory applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents or a state with a 10% or higher positivity rate over a 7-day rolling average.

As of Tuesday, June 30, there are currently 16 states total that meet the criteria stated above: Alabama; Arkansas; Arizona; California; Florida; Georgia; Iowa; Idaho; Louisiana; Mississippi; North Carolina; Nevada; South Carolina; Tennessee; Texas; and Utah.

Finally, New Jersey extended its fiscal year beyond the traditional closing date of June 30 in light of the extreme uncertainty caused by the global pandemic and the subsequent decision to extend state and federal tax filing deadlines to July 15 to help taxpayers weather the COVID-19 crisis.

New York:

Governor Cuomo announced that eight additional states meet the metrics to qualify for the travel advisory requiring individuals who have traveled to New York from those states, all of which have significant community spread, to quarantine for 14 days. The newly added states are California, Georgia, Iowa, Idaho, Louisiana, Mississippi, Nevada and Tennessee.

The quarantine applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average. As of Tuesday, June 30, there are currently 16 states total that meet the criteria stated above: Alabama; Arkansas; Arizona; California; Florida; Georgia; Iowa; Idaho; Louisiana; Mississippi; North Carolina; Nevada; South Carolina; Tennessee; Texas; and Utah.

Governor Cuomo also announced that the Capital Region and has cleared it to enter Phase 4 of reopening starting tomorrow, July 1.

North Carolina:

Governor Roy Cooper signed Senate Bill 113 into law, which was effective June 29, 2020. In response to COVID-19, the bill did the following:

• Clarified use of digital learning plan funds;
• Made modifications to the 2020-2021 school calendar requirements to expand the use of remote learning days; and
• Provided immunity for non-public schools for claims related to COVID-19 closures for 2019-2020.

Rhode Island:

Governor Raimondo issued Executive Order 20-50 on Monday, June 29, that lays out a revised Phase III reopening plan. The plan remains in effect through July 29 and includes the following restrictions and requirements:

• Indoor Social Gatherings
  • All indoor gatherings are limited to 25 people in any public or private space
  • Indoor gatherings in a restaurant with a licensed catering on site, such as a wedding, may have up to 50 people so long as restaurant rules are applied.
• Outdoor Social Gatherings
  • All outdoor gatherings are limited to 50 people in any public or private space
  • Outdoor social gatherings at a restaurant or with licensed catering on site, such as weddings, may have up to one hundred (100) people, provided that restaurant rules are applied.
• Indoor and Outdoor Venues
  • Venues of assembly such as convention centers, concert halls, performance venues, and theaters may operate at up to 66% capacity, or 1 person per 100 square feet, up to a maximum of 125 people, subject to additional requirements listed here.
• Office-Based Limitations
  • Up to 66% of workers may work on site as long as social distancing standards can be maintained, subject to additional requirements listed here.
• Retail Businesses
  • Retail businesses may allow up to one customer per 100 square feet for in-store pickup and limited browsing
• Personal Service Businesses
  • Up to one person per 100 square feet for in-store services, subject to additional requirements listed here.
• Restaurants
  • Indoor dining capacity is limited to 66% of regular seating capacity, with parties up to 8 allowed to be seated at any given table
  • Bars may be open for seated service only
  • Nightclub operations remain closed
  • Additional requirements are listed here.
• Gyms and Fitness Centers
  • Up to one person per 100 square feet for in-store services as long as social distancing requirements are observed
  • Additional requirements are listed here.
• International Travel Restrictions
  • Any person traveling outside the 50 States or Washington D.C. must immediately self-quarantine for 14 days
• Domestic Travel Restrictions
  • Any person coming to Rhode Island for non-work-related purposes from any location on a list maintained by Rhode Island Department of help must immediately self-quarantine for 14 days or receive a negative COVID-19 test, subject to exceptions.
• State Parks and Beaches
  • All state parks and beaches remain open subject to limits on use, parking, capacity, and other restrictions found here.
• Childcare Services
  • Child-care services may continue in small, stable groups pursuant to the regulations promulgated by the Rhode Island Department of Human Services
• Summer Camps
  • Summer camps may open pursuant to Rhode Island Department of Health regulations
• Elective Medical Procedures
  • Elective Medical Procedures may continue pursuant to plans submitted by healthcare providers and approval by Rhode Island Department of Health

South Carolina:

Governor McMaster issued Executive Order 20-42 on Friday, June 26 that declares a new state of emergency in South Carolina effective for 15 days. Visits to nursing homes are to be restricted as the Department of Health and Environmental Control deems necessary, with special guidelines being developed to allow immediate family members visitation. Visitation processes and procedures at correctional institutions are to be suspended as appropriate. All emergency dispatchers are authorized to ask callers whether anyone in the caller’s house has tested positive for COVID-19. All transportation waivers created under Executive Order 20-40 (e.g., for commercial vehicles and operators of commercial vehicles) are still in effect. Violation of the Executive Order can result in a fine of not more than $100 or imprisonment for 30 days.

Texas:

Governor Abbott issued a Proclamation amending Executive Order GA-27 (the Order). The Proclamation adds Cameron, Hidalgo, Nueces, and Webb counties to the list of counties required to postpone all non-essential surgeries and procedures indefinitely to preserve hospital capacity for COVID-19 patients. The four counties added by the Proclamation cover the Lower Rio Grande Valley, the City of Laredo (along the U.S.–Mexico border), and the City of Corpus Christi, all of which have been hit particularly hard in recent weeks. Procedures that do not reduce a hospital’s capacity to treat COVID-19 patients are specifically exempted from the Order. The Proclamation is effective July 1, and will remain in full effect as long as Executive Order GA-27 is effective.

Virginia:

In accordance with Governor Northam’s announcement last week, Virginia will be moving into Phase 3 of its Forward Virginia Plan starting July 1, in an effort to continue reopening the state (see here). The transition into Phrase 3 still includes the mask mandate and social distancing recommendations. Phase 3 of the plan includes, among other things:

• Groups of no more than 250 persons are permitted to gather.
• Swimming pools and gyms can operate at 75% capacity.
• Restaurants and other non-essential businesses can operate at full capacity with physical distancing measures in place.
• Entertainment venues can operate at 50% capacity.

Phase 3 continues to require businesses to post signage that provides public remainders regarding physical distancing, gatherings, options for high-risk individuals, and staying home if sick. Virginia’s guidelines explicitly indicate that if establishments fail to implement mandatory requirements, they will be forced to close until they comply. Additional business sector specific guidelines can be found here.

West Virginia:

Amid reports of data discrepancies, Governor Justice announced that nine percent of West Virginians have been tested for COVID-19.

• According to data from the Department of Health and Human Resources, 17 percent of the state’s positive COVID-19 cases are young people between the ages of 20 and 29.
• On June 29, the Monongalia County Health Department reported that over 200 individuals have potentially been exposed to COVID-19 at a local Planet Fitness after one gymgoer tested positive.
• As fairs, festivals, and amusement parks prepare to reopen on July 1, Week 10 of the Comeback plan is underway. Further guidance is available here.

Wyoming:

On June 30, Governor Gordon announced his plan to extend all public health orders through July 15 due to the increase in cases.

June 29, 2020

Alaska:

In a joint release, the Alaska Department of Health and Social Services and the Alaska Department of Commerce, Community, and Economic Development announced the release of the COVID-Conscious Business Toolkit. The Toolkit includes printable Alaska-themed artwork for businesses to post to encourage social distancing and other preventative measures.

Arkansas:

Governor Hutchinson has paused further reopening of Arkansas businesses as the number of coronavirus cases in the state continue to spike.

California:

Governor Newsom declared a budget emergency in order to make additional state funds and resources available for pandemic response efforts. This declaration will allow the state legislature to pass legislation to draw from the State’s rainy-day fund to ensure access to funding for medical equipment, including personal protective equipment.

Colorado:

On June 25, Governor Polis extended Executive Orders D 2020 045 and D 2020 080. These orders continue the limited recommencement of elective surgical procedures, which were originally authorized to resume on April 26, 2020. Unless otherwise amended or extended, this limited recommencement will expire July 24, 2020.

Connecticut:

On June 29, Governor Lamont announced his plan to distribute $33 million in additional financial assistance for renters, homeowners, and residential landlords. Under the plan:

• A rental assistance program for residents impacted by COVID-19 will receive $10 million to make rent payments to landlords on behalf of impacted renters.
• A mortgage relief program for homeowners impacted by COVID-19 whose mortgages are not federally insured will receive $10 million.
• $5 million will go toward an eviction protection program for those who were in the process of eviction before COVID-19 was declared a public health emergency.
• $4 million will be used as rapid rehousing funds to help people pay costs like security deposits and initial rent to exit homelessness to housing.
• The residential eviction moratorium is extended to August 25.

Executive Order 7BBB, which was issued June 24 by Governor Lamont, remains in effect. Under this order, travelers coming from out-of-state COVID-19 hotspots are still required to quarantine for 14 days upon entering Connecticut. As of June 29, the order applies to Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas, and Utah.

Delaware:

Although Phase 3 of Delaware’s economic reopening was scheduled to begin on June 29, Governor Carney confirmed today that it will be delayed.

• Following an uptick in cases, additional testing was conducted on June 25-26 and the results indicated an increase of cases. Testing in Rehoboth Beach identified approximately 100 positive cases and testing in Dewey identified another dozen.
• On June 28, Delaware Department of Health and Social Services (DHSS) announced an increase in Supplemental Nutrition Assistance Program (SNAP) for June as part of the federal Families First Coronavirus Response Act of 2020. Starting June 30, all households already enrolled in SNAP will receive the maximum monthly allowance based on the number of household members.

District of Columbia:

Due to decline coronavirus cases and deaths, D.C.’s metro station reopened some of its metro locations. The rail stations that reopened Sunday, June 28 include: Federal Center Southwest; Federal Triangle; Mount Vernon Square; Judiciary Square; Archives Smithsonian; Greensboro; Eisenhower Avenue; Virginia Square; East Falls Church; McLean; Van Dorn Street; Clarendon; Cleveland Park; Grosvenor-Strathmore; Cheverly; College Park; Morgan Boulevard.

Florida:

(Miami Dade County): Mayor Gimenez issued Emergency Order 25-20, which declares that all public and private beaches in the county will be closed from July 3rd through July 6th. Municipal fireworks shows may take place subject to strict compliance with social distancing and facial covering requirements of Emergency Orders 10-20 and 21-20 as amended. Under Emergency Order 21-20, parks must close at 8:00 pm.

Hawaii:

(Hawaii County): With Governor Ige’s approval, Mayor Kim issued Emergency Rule No. 9, which permits most businesses, operations, and activities to reopen, subject to certain restrictions. These restrictions include, among others, wearing facial coverings in public, maintaining a physical distance of six feet between other people, and limiting customer occupancy in businesses. Nightclubs, large indoor and outdoor venues (such as concerts, sports, conventions, or expos), and road races (such as marathons and triathlons) remain closed. The Rule went into effect on June 26, and will continue through July 31, unless otherwise revised or terminated.

Kansas:

Governor Kelly announced that she will sign an Executive Order requiring Kansans to wear masks while in public spaces. The Order will go into effect at 12:01 a.m. Friday, June 3.

The Wyandotte County/Kansas City mask mandate goes into effect June 30. The mandate requires cloth face coverings for every person:

• When in a public indoor space (including a workplace, business, place of worship, or public facility such as a community center or library) individuals are required to wear a mask covering the nose and mouth; and
• When in a public outdoor space or when using public transportation, taxis or ride-sharing services individuals are required to wear a mask covering the nose and mouth.

The individuals who are exempt from this mandate are:

• Children under 5 years of age;
• Those that are deaf and/or hard of hearing; and
• Persons with a medical condition which prevents them from being able to remove the mask on their own.

Additionally, the Kansas City, Kansas, Municipal Court will be closed until July 6 due to Covid-19 exposure last week.

In Johnson County, the Board of County Commissioners approved an additional $14,996,458 towards Personal Protection Equipment (PPE) for the strained health care system.

Louisiana:

Governor John Bel Edwards formally extended Phase Two of reopening in Louisiana for another 28 days, as new COVID-19 cases and hospitalizations increase across the state. The new extended order leaves in place occupancy and other restrictions from the previous Phase Two order. However, the new extended order adds a crowd size limit of 250 to indoor gatherings. While individuals are only strongly encouraged to wear masks or face coverings, businesses are required to have their employees wear a mask or a face covering when interacting with the public.

Mississippi:

Governor Reeves signed three executive orders on June 26, 2020:

• Executive Order No. 1502 waives the one-week waiting requirement for all claims for Unemployment Insurance benefits between March 8, 2020 until December 26, 2020. The Order also waives the work search requirements to receive benefits for claims made between March 8, 2020 and July 25, 2020, and it suspends the statutory due date for employers to pay First Quarter 2020 contributions to the unemployment fund and the statutory penalty for late payment until July 31, 2020.
• Executive Order No. 1500 allows swimming pools to open to the public and requires workers in concession stands at sports complexes and stadiums to wear masks while working and maintain appropriate social distancing measures.
• Executive Order No. 1499 announced that all interim or hold-over appointees currently serving as directors, commissioners, or members of state regulatory agencies, commissions, or boards shall have their terms extended until the end of the 2021 legislative session (Sine Die).

Missouri:

(Kansas City): Kansas City issued a Ninth Amended Order, which took effect, on Monday, June 29, and will expire, July 12, 2020. Under this order:

• All employees or visitors to any place of public accommodation must wear face coverings in an area or while performing an activity which will necessarily involve close contact or proximity to co-workers or the public where six feet of separation is not feasible.
• Percentage capacity limits are eliminated, except for taverns and bars.

Nebraska:

In a press conference June 25, Governor Ricketts gave an update on the State of Nebraska Community CARES program which provides $85 million to the Department of Health and Human Services. This amount is an allocation from the $1.25 billion which was allocated to the State of Nebraska by the CARES Act. It will go towards funding grants for charities and provider organizations that have experienced losses or increased expenses due to Covid-19. There are three grants that have been created within this $85 million.

• Stabilization Grant ($40 million)
  • Available to 501(c)(3) organizations and select provider organizations
  • One-time payment of $12,000
  • The application for the Stabilization Grant is now available. The application closes July 6 and awards are expected to be announced on July 15
• Response and Recovery Grant ($43 million)
  • A competitive grant which is available to 501(c)(3) organizations and select provider organizations
  • Award between $50,000 and $2 million
  • This is a more traditional grant and it’s expected that program plans will be provided which outline a detailed budget for how the money will be spent and expected outcomes once the money has been spent
  • The application for the Response and Recovery Grant will be available July 1.The closing date is July 8. The award notifications will begin around July 15
• Healthy Places Grant ($2 million)
  • Available to licensed child care providers and centers of worship
  • One-time payments which provide:
    • $250 to childcare homes
    • $500 to childcare centers
    • $500 to centers of worship
  • Money should be used for PPE and disinfectant/cleaning supplies
  • The application for the Healthy Places Grant will open July 6. The closing date is July 12. The award notifications will begin July 20.

Nevada:

Governor Steve Sisolak signed Emergency Directive 025, which will gradually lift the moratorium on evictions. Directive 025 lifts the moratorium on evictions and foreclosures imposed by Directive 008 in phases by allowing residential evictions and foreclosures to resume in full on September 1 for non-payment of rent and no cause evictions. Late fees or penalties for non-payment of rent or mortgage payments may not be charged retroactively. For commercial tenancies and mortgages, landlords and lenders can again charge late fees, initiate lockouts, or start eviction actions for non-payment of rent or foreclosure proceedings beginning July 1.

The directive is effective July 31, 2020 at 11:59 p.m. and shall remain in effect until August 31, 2020 at 11:59 p.m.

New Hampshire:

On June 26, Governor Sununu extended New Hampshire’s State of Emergency originally declared in Executive Order 2020-04. Additionally, certain businesses may begin reopening under the state’s Stay at Home 2.0 plan. Beginning on June 28, overnight camps are permitted to operate under the new, flexed guidelines. On June 29, adult day services, amusement parks, arts and music education, and performing arts venues are permitted to operate under flexed guidance as well. All operating guidelines can be found here.

New Jersey:

On June 29, Governor Phil Murphy signed Executive Order No. 157, which implements the re-openings announced earlier. These re-openings will take effect on Thursday, July 2. Specifically, the Order contains several requirements for indoor dining, which can resume on July 2 but will be limited to 25% capacity and will require patrons to order and consume food or beverages while seated.

The Order also contains the baseline requirements for indoor recreational and entertainment businesses, which can open on July 2 at 25 percent capacity, with the exceptions of gyms and fitness centers, movie theaters, performing arts centers, other concert venues, and indoor amusement and water parks. Further, dance floors at any business must be closed or cordoned off.

Gyms and fitness centers can, offer individualized indoor instruction by appointment only. Each district will be expected to develop, in collaboration with community stakeholders, a plan to reopen schools in the fall that best fits the district’s local needs. The guidance provides anticipated minimum standards regarding health and safety that districts should use as they plan for reopening. The guidance also provides additional considerations that may help districts as they develop their plans.

On June 29, Governor Phil Murphy also signed legislation (S2437) which places limits on service fees charged to restaurants by third-party delivery applications and websites during state of emergencies declared by the Governor in response to COVID-19. The legislation provides relief to restaurants across New Jersey that have faced fees while being limited to takeout and delivery service, and prohibits third party takeout and delivery service applications from charging fees greater than 20 percent of the cost of the individual order, or greater than 10 percent where the order is delivered by an employee of the restaurant or an independent contractor. This remains in effect through the first day of the third month that follows the expiration of a state of emergency where dine-in capacity is restricted to less than 25% capacity.

Finally, Governor Phil Murphy and Department of Education Commissioner Lamont O. Repollet also announced the release of “The Road Back: Restart and Recovery Plan for Education” to assist schools with reopening in the fall. The guidance announces that, absent a change in public health data, public schools will open for in-person instruction and operations in some capacity at the beginning of the 2020-2021 school year. The guidance envisions schools operating within necessary standards to protect the health and safety of students and staff. The guidance includes minimum standards such as following certain social distancing practices in classrooms and face covering measures for students and staff. The guidance also provides recommendations to assist districts in achieving these standards, such as implementing hybrid learning environments in which students receive both in-person and remote instruction.

New York:

On June 29, 2020 Governor Andrew M. Cuomo announced New York will assist states with high infection rates, as several states begin to see spikes in COVID-19. The Governor also announced the 7-day average of positive tests is 1.1 percent - the lowest of any big state in the nation, and that New York yesterday saw the lowest number of hospitalizations since March 18. Additionally, the Governor announced five upstate regions enter Phase 4 reopening: North Country, Mohawk Valley, Central New York, Southern Tier, Finger Lakes.

North Carolina:

Governor Roy Cooper signed House Bill 679 into law to amend the rules of civil procedure to allow for electronic filing and service. It is effective October 1, 2020, and applies to filings and service effected on or after that date.

Oregon:

Governor Brown announced that, beginning July 1, all Oregonians will be required to wear face coverings in indoor public places. That is already the case in eight counties, however the new announcement will affect all Oregonians statewide.

Pennsylvania:

Governor Tom Wolf announced on June 29 that Lebanon County is slated to move to the green phase of reopening on July 3, putting all 67 counties in green. Twelve counties moved to green, joining 54 already in the least restrictive phase of reopening. Additionally, the majority of new cases in Allegheny County are in people age 19-49 with an average age of 27.

Governor Tom Wolf reminded all Pennsylvania residents and businesses that masks are mandatory when visiting a business. The state’s business guidance outlines mask-wearing requirements. The state’s restaurant industry guidance outlines mask-wearing requirements specific to restaurants.

Governor Tom Wolf also announced that beginning June 30 small businesses across Pennsylvania can apply for grants to offset lost revenue caused by the COVID-19 pandemic and the resulting shutdown order. The COVID-19 Relief Statewide Small Business Assistance program, announced earlier this month, will provide $225 million in grants ranging from $5,000 to $50,000 to eligible businesses through Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. Beginning tomorrow, June 30, eligible businesses may begin applying for the COVID-19 Relief Statewide Small Business Assistance program here.

Rhode Island:

Governor Raimondo passed Executive Order 20-49 on June 26, 2020 which extends Executive Orders 20-29 (Promoting better coordination of health care coverage) and 20-39 (Authorizing adjustments to child care subsidies and reimbursement dates).

South Carolina:

(Hilton Head): The Hilton Head Island Town Council passed an ordinance on Monday, June 29. Effective at 11:59 PM on June 30, any person entering into a commercial business establishment within the limits of the town must wear a mask. Additionally, all commercial business establishments must require employees to wear masks when employees are in any area where the general public is allowed or when the employee must be in close proximity to one another.

Commercial business establishments are required to post conspicuous signage at all entrances to the establishment informing its patrons of the mask requirement.

Any person that violates the ordinance is subject to a misdemeanor, punishable by a fine of up to $500 or 30 days in jail. Any commercial business subject to the ordinance that violates the order three or more times is declared a nuisance under the ordinance, subject to abatement under the state’s nuisance laws. In addition to abatement, the town may also seek revocation of the business license of any business not in compliance with the ordinance.

The following are exempt from the requirements of the ordinance:

• (Any person unable to safely wear a facemask due to age, an underlying health condition, or who is unable to don or remove a mask without the assistance of others;
• Persons eating or consuming food and beverages; and
• Persons receiving medical care or treatment.

The ordinance will expire on August 29 or the end of the state of emergency in Hilton Head Island, whichever is earlier.

(Spartanburg): The Spartanburg city council passed an ordinance on Friday, June 26. Effective at 12:01 PM on Monday, June 29, the ordinance requires any person entering into a grocery store or pharmacy within city limits to wear a mask. Additionally, all restaurants, retail stores, salons, barber shops, grocery stores, and pharmacies in the city must require their employees to wear masks when having face to face interactions with the public.

Businesses are not responsible for enforcing the ordinance on its patrons but must post conspicuous signage at all entrances informing its patrons of the mask requirement.

Any patron who fails to comply with the ordinance is subject to a fine of not more than $25. In addition, any owner, manager, or person with authority that fails to require their employees to wear face coverings in compliance with the ordinance can be subject to a fine of not more than $100, with each day of a violation constituting a separate offense. Repeated violations by an owner, manager, or person with similar authority may also result in a suspension or revocation of any occupancy permit or business license, as well as abatement by injunction under the state’s public nuisance laws.

Any person who is unable to safely wear a face covering due to age, an underlying health condition, or is unable to remove the face covering without the assistance of others is exempt from the ordinance. Additionally, any person whose religious beliefs prevent them from wearing a mask or any person complying with directions of law enforcement officers is exempt from the ordinance.

The ordinance shall expire on August 26 or issuance of anther ordinance, whichever is earlier.

(Clemson): The Clemson City Council passed an ordinance on Wednesday, June 24. Effective on June 25, the ordinance essentially requires all people to wear a face covering when they are (i) in Clemson public places and (ii) any time they are, or may be, in contact with other people who are not that person’s family or household members. A “public place” includes publicly owned property, but also includes business properties to which members of the public and/or customers, clients, or guests are allowed or invited.

Businesses must require their employees to wear facemasks while at work. Parents and guardians are responsible for the safety of their minor children under the age of 12, but anyone over the age of 12 is required to wear a mask. Please refer to the ordinance for a list of certain people wo are not required to wear face coverings

Any patron who fails to comply with the ordinance is subject to a fine of not more than $25. Any business that fails to require their employees to wear face coverings in compliance with the ordinance can be subject to a fine of not more than $100, with each day of a violation constituting a separate offense. Repeated violations by an owner, manager, or person with similar authority may also result in a suspension or revocation of any occupancy permit or business license, as well as abatement by injunction under the state’s public nuisance laws.

The ordinance will expire on August 24 or the issuance of another ordinance, whichever is earlier.

(Beaufort): The Beaufort City Council passed an ordinance on Monday, June 29. Effective on 11:59 p.m. on June 30, the ordinance requires all persons entering any building within city limits that is open to the public to wear a face covering. All restaurants, retail establishments of every description, salons, grocery stores, and pharmacies within city limits must require their employees to wear masks in all places where the general public is allowed or when employees must be in close proximity to one another. This also applies to all persons providing or utilizing public or commercial transportation, as well as all businesses or employees while interacting with people in outdoor spaces.

Businesses are not responsible for enforcing the ordinance on its patrons but must post conspicuous signage at all entrances informing its patrons of the mask requirement.

Any person who fails to comply with the ordinance, after being first duly warned, is subject to a fine of not more than $50. Additionally, repeated violations by a business may result in a suspension or revocation of any occupancy permit or business license, as well as abatement by injunction under the state’s public nuisance laws.

Any person who is unable to safely wear a mask due to age, an underlying health condition, or is unable to remove a mask without the assistance of others is exempt from the ordinance. Additionally, any person traveling in a personal vehicle, alone or in the presence of only household members in an enclosed space, and people actively eating or drinking are also exempt from the ordinance.

The ordinance shall expire on July 27 or the end of the state of emergency in Beaufort, whichever is earlier.

Tennessee:

Governor Bill Lee issued three Executive Orders, effective June 29, 2020, extending previously issued COVID-19-related orders through August 29, 2020.

• Executive Order #50 extends Executive Orders #36 and #38, which declared a state of emergency, offered more flexible regulations in regards to businesses offering healthcare-related services, and gave general guidance to other various businesses
• Executive Order #51 extends Executive Order #16, allowing governing bodies to continue to meet electronically
• Executive Order #52 extends Executive Order #26, allowing for continued remote notarization and witnessing of documents

Texas:

On June 26 Governor Abbott signed Executive Order GA-28 temporarily halting the reopening of Texas. The Order addresses the sustained positivity rate of over 10% and a continued increase in hospitalizations across the State. Key provisions in the Order include:

• All bars and establishments that receive 51% or more of their gross income from alcoholic beverages are required to close, effective 12:00 p.m. on June 26;
• Restaurants may not exceed 50% occupancy for indoor services, effective June 29;
• All tubing and rafting businesses must close immediately;
• All outdoor gatherings of 100 or more people must be approved by local governments.

The Order expressly supersedes Executive Order GA-26. The Order will remain in effect until modified, amended, rescinded, or superseded by the governor.

(Harris County): On June 26, Harris County Judge Lina Hidalgo announced a new Stay Home Work Safe Advisory. The Advisory moves Harris County into Level 1 (Red), which means that “outbreaks are present and worsening and that testing and contact tracing capacity is strained or exceeded.” The Advisory recommends that all residents stay home for all but the most essential needs. The Advisory stops short of a stay at home order, which can only be issued by Governor Abbott.

(Travis County): On June 25, Travis County Judge Samuel Briscoe issued County Judge Order 2020-13 regarding gatherings of individuals. The Order prohibits outdoor gatherings in excess of 100 people. This is consistent with Governor Abbot’s proclamation allowing local jurisdictions to place restrictions on gatherings of more than 100 people.

(Bexar County): On June 25, Bexar County Judge Nelson W. Wolff issued Executive Order NW-11. The Order is effective June 25 and extends through July 15, unless modified, amended, or rescinded. The Order prohibits outdoor gatherings in excess of 100 people. This is consistent with Governor Abbot’s proclamation allowing local jurisdictions to place restrictions on gatherings of more than 100 people and mirrors the Addendum to 8th Declaration of Public Health Emergency Regarding COVID-19 issued by San Antonio Mayor Ron Nirenberg on June 24.

(City of San Antonio): On June 24, San Antonio mayor Ron Nirenberg issued the Addendum to 8th Declaration of Public Health Emergency Regarding COVID-19. The Order prohibits outdoor gatherings in excess of 100 people. This is consistent with Governor Abbot’s proclamation allowing local jurisdictions to place restrictions on gatherings of more than 100 people.

Vermont:

Governor Phil Scott announced an expansion of counties from which travelers can visit Vermont without a 14-day quarantine to benefit Vermont’s hospitality sector. Starting July 1, counties in states with a ratio of less than 400 active COVID-19 cases per one million are approved to travel without a quarantine requirement. In addition to counties in the New England area and New York, the following states and DC will have approved counties: DE, MD, NJ, OH, PA, VA, WV. An updated map of approved counties can be found here. Quarantine restrictions for travel to and from other regions remain in place. Businesses in the lodging industry can find more information regarding their specific obligations here.

Virginia:

On Monday, June 29, 2020, Governor Northam launched the Virginia Rent and Mortgage Relief Program (RMRP) to assist residents who are facing eviction or foreclosure. The Department of Housing and Community Development will administer the program which provides $50 million in CARES Act funding for Virginians facing eviction or foreclosure due to the impact of COVID-19.

RMRP will also provide short-term financial assistance on behalf of households in the form of rent and mortgage payments. In order to qualify for the program, eligible households must demonstrate an inability to make rent or mortgage payments due to the COVID-19 pandemic. Monthly rent or mortgage must be at or below 150 percent fair market rent, and eligible households must have a gross household income at or below 80 percent of area median income (AMI). RMRP will also give precedence to households without other federal and state eviction or foreclosure protections. From June 29 to July 20, priority will be given to households with current gross incomes equal to or below 50 percent of AMI. After July 20, households with current gross incomes at or below 80 percent of AMI will be also be included.

Washington:

On June 27, Governor Inslee and Secretary Wiesman announced that the Washington State Department of Health will put a pause on counties moving to Phase 4 though the “Safe Start” phased approach. This development is in response to the rising number of Covid-19 cases in the state.

On June 25, Governor Inslee sent a memo to local government officials explaining the state's Safe Start Reopening Guide. The memo clarifies the guide and focuses on a data and science driven plan to rebuild the state’s economy.

West Virginia:

Week 10 of the Comeback Plan began on June 29. At the June 29 briefing, Governor Justice outlined the changes occurring in this phase:

• Starting July 1, fairs, festivals, amusement parks can reopen and outdoor open-air concerts can resume.
• Businesses reopening in Week 10 are required to enforce social distancing requirements and reasonable occupancy limits. Further guidance is available here.

On June 26, Governor Justice also announced his plan to distribute an additional $1.25 billion in federal funding through the CARES Act. Local governments will receive $200 million and 15,000 small businesses will receive $10,000 each. $100 million will go toward highway projects to improve access to medical facilities and $10 million will go to Fairmont Hospital for expenses incurred in its conversion to a COVID-19 surge hospital.

Wyoming:

On June 29, Governor Gordon announced his plan to extend all public health orders through July 15 due to the increase in cases.

June 25, 2020

Alaska:

The U.S. Department of Commerce granted $300,000 of CARES Act funds to the University of Alaska Anchorage to boost the university’s capacity to support regional economic development in response to the coronavirus.

Idaho:

On June 25, 2020, Governor Little announced that the state will transition to a regional response to COVID-19. Regional response teams assist in the development and coordination of preparedness activities before a response action is taken. Also, the Governor announced that Idaho has not yet met the necessary requirements to move out of Stage 4 of the Idaho Rebound plan, and will remain in the final stage for at least another two weeks as the state continues to mitigate the spread of COVID-19. The Governor urged Idahoans to continue to:

• Wear protective face coverings in public.
• Keep a physical distance of at-least 6-feet from others outside of your household.
• Wash hands and surfaces regularly.
• Stay home if you are sick.

As Idaho remains in Stage 4, employers are encouraged to continue develop and implement measures to ensure that both employees and customers remain safe. Additional business protocols for Stage 4 can be found here.

Illinois:

Illinois enters Phase 4 of Governor Pritzker’s Restore Illinois Plan on Friday, June 26. The Illinois Department of Commerce and Economic Opportunity has provided a Phase 4 guidelines overview. Industry-specific guidelines for Phase 4 are available for the following:

• Meetings and Social Gatherings
• Indoor and Outdoor Recreation
• Indoor and Outdoor Dining
• Museums
• Zoos
• Theaters and Performing Arts
• Youth and Recreational Sports
• Film Production
• Manufacturing
• Offices
• Retail
• Service Counters
• Health and Fitness Centers
• Personal Care Services
• Day Camps

(Chicago): Mayor Lightfoot, the Chicago Department of Business Affairs and Consumer Protection, and the Department of Transportation announced an expansion to Chicago’s citywide outdoor dining program. The expansion allows certain restaurants to expand their outdoor seating capacity by closing streets in the following areas:

• Balmoral Street – closed on both sides of North Clark
• Chinatown Square – adjacent to Archer Avenue from Wentworth to Princeton
• Taylor Street – closed from Loomis to Ashland
• Oliphant Avenue – closed from Northwest Highway to the first alley to the North
• 75th Street – sidewalk dining areas from Indiana to Calumet

Chicago enters Phase 4 of Mayor Lightfoot’s reopening framework on Friday, June 26. Under Phase 4, the following industries may open with specific safety guidelines:

• Education and Childcare
  • Childcare guidelines
  • Higher education guidelines
  • Summer programs & youth activities guidelines
• Office and Real Estate
  • Commercial buildings guidelines
  • Residential buildings guidelines
• Accommodation and Tourism
  • Hotel and accommodation guidelines
  • Short term rentals guidelines
• Food Service and Bars
  • Food service and bars guidelines
• Retail and Services
  • Retail guidelines
  • Personal services guidelines
  • Health and fitness clubs guidelines
• B2B
  • Manufacturing guidelines
  • Construction guidelines
  • Transportation and warehousing guidelines
• Healthcare
  • Healthcare guidelines
• Transportation
  • CTA guidelines
  • Taxi and ride hail guidelines
• Parks and Outdoor Attractions
  • Parks and outdoor attractions guidelines
• Arts and Culture
  • Places of worship guidelines
  • Film and TV production guidelines
  • Museums
  • Performance venues
  • Movie theaters

While guidelines differ between industries, common guidelines include (1) maintaining 6-foot social distancing, (2) requiring face coverings in common areas, (3) frequently cleaning “high touch” areas, and (4) posting visual signage regarding hygiene, social distancing and proper PPE. Importantly, these industry guidelines do not provide a one-size-fits-all blueprint. Rather, businesses should take care to assess employee and customer needs as well as the layout and dimensions of the business facility.

Iowa:

Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency signed on June 10, 2020. The proclamation, effective at 12:01 a.m. on June 26, extends the public health mitigation measures currently in place until July 25, 2020. It also extends many of the regulatory relief measures currently in place, including relief for school districts, telehealth services, and licensing and training requirements for health care professionals.

Louisiana:

Governor John Bel Edwards and First Lady Donna Edwards released new public service announcements urging the people of Louisiana to remain vigilant and take the necessary precautions to protect themselves and their families as the number of positive COVID-19 cases continues to rise across the state. The First Lady also released a PSA encouraging parents to set good examples for children as we work to slow the spread of COVID-19.

The Louisiana Department of Education and the Louisiana Department of Health released guidelines on how schools across the state can reopen for the 2020-2021 school year by taking actions to reduce the spread of COVID-19. While each district will ultimately decide how schools will operate, they encourage districts to prepare for three possible reopening scenarios: traditional, hybrid or distance/remote learning. In addition, they explain how health requirements will change based on the three reopening phases.

Nevada:

Governor Steve Sisolak signed Directive 024 requiring all people to wear face coverings while in public, to help prevent the spread of COVID-19. The order will have limited exceptions for the following people who are: (1) under the age of 9; (2) experiencing homelessness; (3) having a medical condition or disability and thus cannot wear a face covering; (4) facing risks related to work when wearing a face covering; (5) required to remove mask temporarily to perform their services; (6) eating or drinking in restaurants, provided they are at least six feet away from other patrons; (7) engaging in outdoor work or recreational activities such as swimming, walking, hiking, bicycling or running; and (8) incarcerated.

The governor also clarified that Nevada would not be moving into Phase 3 until the percentage of positive COVID-19 cases stabilizes and shows a downward trajectory.

The directive is effective at 11:59 p.m. Thursday, June 25 and shall remain in effect until terminated by a subsequent directive.

Pennsylvania:

Governor Tom Wolf and Secretary of Health Dr. Rachel Levine today signed amended green phase orders for the 12 counties moving to green at 12:01 a.m. tomorrow, June 26. The counties include Berks, Bucks, Chester, Delaware, Erie, Lackawanna, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia and Susquehanna.

With these orders effective at 12:01 a.m., tomorrow there will be 66 counties in green and one county in yellow.

Philadelphia County met the criteria and will move to the state’s green phase tomorrow; however, local officials will maintain some additional restrictions until July 3. The Wolf Administration has supported specific county requests for more restrictions throughout the phased reopening process. The overall process details can be found here.

Tennessee:

Tennessee Governor Bill Lee reminds Tennessee’s 28,000+ small businesses that funding from the Tennessee Business Relief Program, announced earlier this month, is soon to come. While no application is necessary to claim funds, Gov. Lee urges businesses to make sure all of their information is up-to-date with the Department of Revenue, as the Department will be using available tax data to determine eligibility. The Department has not yet released an official date for when they will begin to disburse funds.

Texas:

Governor Abbott signed Executive Order GA-27 (the Order), effective June 25, which addresses the growing need for hospital capacity in Texas. The Order requires all hospitals in Bexar, Dallas, Harris, and Travis counties to postpone all non-essential surgeries and procedures indefinitely. Procedures that do not reduce a hospital’s capacity to treat COVID-19 patients are specifically exempted from the Order. The Order comes several days after Texas Children’s Hospital announced they would receive adult patients to alleviate the strain on other hospitals in the Houston area. While initially limited to the four major metropolitan areas, Governor Abbott announced that, if necessary, he will add or subtract from the list via proclamation.

Washington:

On June 24, the presidents of Washington colleges and universities, along with Governor Inslee, unveiled guidance for reopening in-person instruction at higher education institutions this fall. This announcement came with a proclamation providing specific health guidance for four-year public and private institutions, as well as two-year community and technical colleges, apprenticeships and private career schools. This health guidance includes requirements for masks, limits on class size, symptom monitoring, personal protective equipment availability and approval from local health districts. These requirements are merely additional ones to be considered in tandem with those already in effect.

June 24, 2020

Arkansas:

The Arkansas Department of Education issued guidance regarding face coverings, applications for CARES Act funds, and the amended definition of “absence” to reflect remote and virtual learning.

• Janitorial staff and bus drivers in Arkansas schools are required to wear face coverings. Students over 10 years of age must also wear them, and students under 10 years of age are strongly encouraged to wear them whenever feasible.
• School districts’ applications for CARES Act funds are due June 26, 2020 to Arkansas Ready for Learning and are to be reviewed by the Department of Education on June 29, 2020. Arkansas Ready for Learning is the state’s COVID-19 response for the education sector.
• The Arkansas Department of Education’s definition of “absence” has been updated to reflect the nature of virtual learning. A student is now absent if he or she is not present for onsite instruction provided by the district, participating in a district-approved activity, or engaged in scheduled instruction at an off-site location.

California:

On Monday, Governor Gavin Newsom signed Executive Order N-70-20, extending portions of Executive Order N-54-20. The order extends through August 21, 2020, the California Public Resource Code provisions imposing fines for failing to properly recycle and suspending the minimum hours of operation for recycling centers.

Colorado:

The City and County of Denver continues to re-open for in person services following Governor Polis’ series of announcements last week, ordering parts of the state into the next phase of Colorado’s COVID-19 transition plan. As part of the evolving Safer-at-Home phase, Denver parks and recreation are reopening, beginning with dog parks and playgrounds over the weekend. Additionally, in person marriage and recording services at the Denver Clerk and Recorder will reopen starting July 1.

Connecticut:

On June 24, Governor Lamont announced that Connecticut, along with New Jersey and New York, will now require visitors from COVID-19 hotspots to self-quarantine for 14 days upon entering the state.

• The quarantine will apply to any state where 10 of every 100,000 people test positive on a rolling seven-day basis, or where the positivity rate in the total population is 10 percent, also on a seven-day rolling basis.
• Currently, Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Washington, Utah, and Texas meet that threshold.

Delaware:

On June 23, Governor Carney gave a press conference to warn residents of a possible resurgence in coronavirus transmissions as the state continues Phase 2 of its reopening plan.

Florida:

Governor DeSantis issued an Executive Order which extends Executive Order 20-69, which suspended Florida statutes that required a quorum to be present in person or that required local government bodies to meet at specified public places, and authorized the use of communications media technology. The Order is extended until 12:01 am on August 1, 2020.

Illinois:

Governor Pritzker announced that Illinois K–12 schools will be allowed to reopen for in-person instruction this fall. Each Illinois school district must develop its own reopening plan before in-person instruction resumes. Safety guidelines will require teachers, staff, and students to wear face coverings, maintain social distancing, undergo screenings for symptoms, and increase cleaning and disinfection. Individual schools or districts could still opt to continue online learning. Community colleges and universities will also be allowed to reopen this fall, subject to guidance released by the Illinois Board of Higher Education.

Governor Pritzker and the Illinois Department of Commerce and Economic Opportunity (DCEO) released applications for a new grant program to offset the economic impact of the pandemic on Illinois businesses. Applications are due on July 7. Eligibility and application information can be accessed through DCEO’s website.

Iowa:

The State of Iowa announced closures of two COVID-19 testing sites this week. The Sioux County site closed on June 23, and a second site in Wapello County will close on June 24. The state is actively pursuing clinic sites in both counties and testing remains available through local health care providers.

Maine:

On June 24, Governor Mills announced additional COVID-19 prevention checklists for businesses able to reopen during Stage 3. Under the Restarting Maine's Economy Plan, more personal services such as spas and massage facilities, as well as outdoor recreation like overnight summer camps will be able to voluntarily resume on July 1. A full list of prevention checklists can be found here.

Michigan:

Governor Whitmer signed Executive Order 2020-131, which rescinds and replaces Executive Order-77. The new order encourages:

• The use of electronic signatures and remote notarization, witnessing, and visitation.
• A strict compliance with rules and procedures under the Uniform Electronic Transactions Act (UETA) to enforce electronic signatures if a law requires a signature.
• A strict compliance with Section 19 of the UETA to permit each department to send an electronic records and signatures to and from other persons without a determination from or approval by the Department of Technology, Management and Budget.
• A strict compliance with the Michigan Law on Notarial Acts to temporarily suspend the requirement of a notary to be in the physical presence of an individual seeking the notary’s service.
• A requirement under Michigan law that an in-person witness may be satisfied through a virtual technology.
• A guardian, guardian ad litem, or visitor may satisfy visitation requirements through a virtual technology.
• Financial institutions and registers of deeds should accept a tangible copy of an electronic record.

This order is effective immediately and continues through July 31, 2020 at 11:59 pm.

New Jersey:

Governor Phil Murphy, along with New York Governor Andrew Cuomo and Connecticut Governor Ned Lamont announced a joint incoming travel advisory that all individuals traveling from states with significant community spread of COVID-19 quarantine for a 14-day period from the time of last contact within the identified state.

This quarantine – effective midnight June 24 – applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents or a state with a 10% or higher positivity rate over a 7-day rolling average. Currently, Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Washington, Utah, and Texas meet that threshold.

The tri-state measure will use uniform parameters and messaging on highways, airports, websites and social media across the three states. The three states will also ask hotels to communicate the 14-day quarantine to guests who have traveled from one of the impacted states.

New Mexico:

The New Mexico Legislature adjourned its 2020 Special Session on Monday night, after passing a new budget and several pandemic response bills including a tax relief bill for businesses, HB 4 the Small Business Recovery Act of 2020. The revised budget proposes to cut nearly 2.4 billion in capital outlays, roads, infrastructure projects, and early education programs.

New York:

Governor Cuomo announced that five regions--Central New York, the Finger Lakes, the Mohawk Valley, the North Country and the Southern Tier—are on track to enter Phase IV of reopening on Friday. New York State issued guidance for Phase IV, which will allow low-risk indoor and outdoor arts and entertainment, film and TV production, higher education and professional sports without fans. Governor Cuomo also announced that in Phase IV of reopening, social gatherings of up to 50 people will be allowed and indoor religious gatherings will be allowed at up to 33 percent of the indoor site's capacity.

New York, along with New Jersey and Connecticut will also be requiring any person arriving from a state with a positive test rate higher than 10 per 100,000 residents or a state with a 10% or higher positivity rate over a 7-day rolling average to quarantine for a 14-day period from the time of last contact within the identified state. Currently, Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Washington, Utah, and Texas meet that threshold.

North Carolina:

Governor Roy Cooper and North Carolina Department of Health and Human Services Secretary Dr. Mandy Cohen Cooper signed Executive Order No. 147 to amend and extend Executive Order No. 141 so that North Carolina will remain in Safer at Home Phase 2 for three more weeks.

The Executive Order also requires face coverings to be worn in public places as officials seek to stabilize the trend of increasing viral spread. The order will have limited exceptions for people who are: (1) under eleven years of age; (2) actively eating or drinking; (3) strenuously exercising; (4) working at home; (5) in a personal vehicle; (6) subject to a specific medical or behavioral condition or disability.

Additionally, the order will increase access to COVID-19 testing through a statewide standing order for the duration of the State of Emergency, add more precisely tailored mitigation measures for long term care, and extend the prohibition against excessive pricing. The Executive Order is effective at 5:00 pm on June 26, 2020 until 5:00 pm on July 17, 2020.

North Dakota:

On June 23, Governor Burgum signed an executive order postponing the renewal date for motor vehicle registrations and driver licenses that expired on or after March 1, 2020. The new renewal date is August 31, 2020.

Texas:

On Tuesday, June 23, Governor Abbott issued a proclamation amending Executive Order GA-26 relating to the reopening of Texas. Per the proclamation, county judges and mayors may now, in consultation with local public health authorities, impose additional restrictions on outdoor gatherings of more than 100 people. This is a substantive decrease from the previous order, which allowed restrictions on outdoor gatherings of 500 or more people.

Governor Abbott additionally directed the Texas Health and Human Services Commission (HHSC) to enact emergency rules to improve health and safety in child care centers. In a statement, Governor Abbott directed HHSC to implement a “statewide standard of infection control for childcare centers.” This comes a little more than a week after emergency safety rules for child care centers were repealed, making all safety precautions optional.

Virginia:

Previously, on June 18, 2020 Governor Northam announced a plan that outlines Phase 3 of the “Forward Virginia” plan, but had not yet chosen a target date to transition into the phase. On June 23, 2020, Governor Northam announced that the Commonwealth will move into Phase 3 on July 1, 2020, in an effort to continue the state’s Forward Virginia plan. Phase 3 guidelines that are applicable to all business sectors include some of the following:

• Social gatherings should be limited to 50% occupancy of the event space, if applicable, or 250 participants, whichever is less.
• Implement staggered shifts for both work periods and break periods. Consider cohort scheduling where groups of employees only work with employees in their group.
• Limit the number of employees in break rooms and stagger breaks to discourage gatherings.
• Events that cannot restrict access to the general public should not take place.
• Table resets must be done by an employee who has washed their hands with soap and water for at least 20 seconds just prior to reset activities.

Additional business specific guidelines and mandatory requirements can be found here.

Washington:

On June 23, Governor Inslee and Secretary of Health Wiesman announced a statewide mandatory face covering order that will take effect Friday, June 26. The order will require all Washingtonians to wear a facial covering in indoor and outdoor public spaces.

West Virginia:

On June 24, Governor Justice held a press conference to discuss:

• Paycheck Protection Program (PPP) funding is still available for qualified West Virginia small businesses.
• In Week 10 of the Comeback Plan, which begins on July 1, restrictions will be relaxed for outdoor open-air concerts, fairs, festivals, and amusement parks. Applicable guidelines will be provided by Governor Justice in the coming days.

June 23, 2020

Alaska:

The State Emergency Operations Center clarified that travelers entering Alaska by air travel will either be tested at the airport or will be required to quarantine. Travelers entering Alaska by land or maritime ports will likely not encounter testing stations upon their arrival, but still must provide a negative test result and complete a travel declaration form.

Connecticut:

On Tuesday, June 23, Governor Lamont held a press conference to announce the reopening of certain in-person DMV services which have been unavailable since March.

On Monday, June 22, Governor Lamont held a press conference to provide a daily coronavirus update.

• Connecticut now has the third lowest rate of coronavirus transmission of any U.S. state. On June 22, 27 individuals tested positive for COVID-19, bringing the statewide total to 45,782 cases. There were 3 COVID-19-associated deaths.
• Given the recent travel-associated outbreaks in other states, Governor Lamont is considering a fourteen-day isolation for people traveling into Connecticut from other states.

Delaware:

With Phase 2 of the statewide economic reopening plan underway, there has been a renewed concern over the coronavirus due to a slight increase in cases and outbreaks. In response, the Delaware Division of Public Health (DPH) has recommended that any “teens who participated in senior week activities that involved living in a group setting or attending a large gathering” be tested for COVID-19. The recommendation comes after at least three teenagers tested positive following a senior week celebration in Dewey Beach.

Illinois:

(Chicago): Mayor Lightfoot and the Chicago Department of Public Health announced that Chicago will join the rest of Illinois and move into Phase 4 on Friday, June 26. This is one week sooner than was previously announced. By moving into Phase 4, the following industries can open in Chicago for the first time, subject to Chicago’s Phase 4 industry guidelines:

• Indoor seating in bars and restaurants
• Museums
• Zoos
• Performance venues
• Youth and recreational sports

The Department of Business Affairs and Consumer Protection of Chicago is hosting webinars on Wednesday, Thursday, and Friday this week to help businesses of all industries prepare for the Phase 4 guidelines.

Kansas:

On June 22, Governor Kelly recommended postponing moving into Phase 3 of the Ad Astra: A Plan to Reopen Kansas. Since the Kansas re-opening plan is a guideline only, some counties will continue moving into the Phase Out portion of the plan. Phase Out is the last phase of the Ad Astra: A Plan to Reopen Kansas, and includes:

• no travel restrictions;
• remaining home if you feel sick;
• following additional guidance from employers, if any; and
• maintaining social distancing where applicable.

Kentucky:

Governor Beshear announced that beginning June 29, people can begin gathering in groups of 50 or fewer people. Most restaurants, bars, wedding venues, and public pools will be open. Bars and restaurants must limit the number of customers present to 50% capacity.

Missouri:

(Boone County): Boone county along with the City of Columbia, Missouri issued amended Business Guidance to assist businesses in the process of reopening under the city and county’s orders.

Nevada:

Governor Steve Sisolak signed an emergency regulation that went into effect on June 22, 2020 to extend the expiration date on educator licenses for up to a year. It enables school districts to hire teachers who would otherwise have been unable to renew their licenses due to the COVID-19 pandemic.

New Jersey:

Governor Phil Murphy today announced, in Executive Order No. 156, increased indoor and outdoor gathering capacity limits as COVID-19 cases in New Jersey continue to decline. Effective immediately, indoor gatherings are now limited to 25% capacity of the rooms in which they will take place, with a maximum of 100 persons. Outdoor gatherings are now limited to 250 persons, and outdoor religious services and political activities will continue to have no numerical limits.

Before today’s Order, indoor gatherings were limited to 25% capacity, but with a maximum of 50 persons, and outdoor gatherings were limited to 100 persons, with the exception of outdoor religious services and political activities. Today’s Order clarifies that for the purposes of outdoor dining, “outdoor areas” are to be defined as open air spaces without a fixed roof, besides a temporary or seasonal awning or cover.

Oregon:

Governor Brown announced that the state reached an agreement with several health insurance companies to continue providing expanded telehealth options through at least December, 31, 2020. This means health insurance companies will continue to offer coverage for expanded telehealth services for Oregonians and pay for telehealth services at the rates those companies established during the COVID-19 pandemic. Nevertheless, Oregonians with self-insured plans should check with their employers to see if these expanded telehealth services will continue to be covered through the end of the year because the agreement does not reach self-insured plans.

Pennsylvania:

Governor Tom Wolf today noted that research confirms the importance of wearing masks to stop the spread of COVID-19 and that Pennsylvanians are required to wear masks when entering any business in all counties in both yellow and green phases of reopening

The mask requirement is part of Secretary of Health Dr. Rachel’s Levine’s order, “Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operations,” which pertains to all counties regardless of the phase of reopening. The order requires businesses to enforce mask-wearing unless someone has an underlying health condition that prevents them from wearing a mask. Children two or younger are not required to wear masks. In addition to mask wearing, Gov. Wolf and Sec. of Health Dr. Rachel Levine have advised that robust testing and contact tracing in green counties are keys to safe, phased reopening.

South Carolina:

The Greenville City Council passed an emergency ordinance on Monday, June 22. Effective June 23 at noon, the emergency ordinance requires patrons to wear masks inside grocery stores and pharmacies within city limits. Additionally, employees of restaurants, retail shops, barber shops and salons within city limits must also wear masks when having face-to-face interactions with the public.

Although businesses are not responsible for enforcing the ordinance, it must post conspicuous signage informing patrons of the requirement.

Any patrons not in compliance with the ordinance are subject to a fine of not more than $25. In addition, any owner, manager, or person with authority that fails to require their employees to wear face coverings in compliance with the ordinance can be subject to a fine of not more than $100, with each day of a violation constituting a separate offense. Repeated violations by an owner, manager, or person with similar authority may also result in a suspension or revocation of any occupancy permit or business license, as well as abatement by injunction under the state’s public nuisance laws.

Any person who is unable to safely wear a face covering due to age, an underlying health condition, or is unable to remove the face covering without the assistance of others is exempt from the ordinance.

This emergency ordinance shall expire on August 22, 2020.

Tennessee:

(City of Memphis and Shelby County): Shelby County has issued Health Directive No. 7, effective June 22, 2020, providing further guidance to currently operating businesses. Notable updates include:

• Community events, such as festivals and sporting events, of fewer than 500 people may now submit a proposed operating plan to the Shelby County Health Department for approval
• Nursing homes and assisted living facilities may now allow limited visitation in accordance with outlined safety precautions
• Building occupancy maximums outlined in the plan should be implemented based on the occupancy set by the Memphis and Shelby County Office of Construction Code Enforcement

This Health Directive also applies to the City of Memphis in accordance with Order No. 30-2020.

Texas:

(Austin): On June 22, Austin Mayor Steve Adler issued Order No. 20200622-015 effective June 22 and continuing through August 15. The 21-page Order expressly supersedes previous Order Nos. 20200615-013 and 20200617-014, and includes extensive new details and requirements. Notable additions include:

• Businesses, but not individuals, are subject to civil and criminal penalties for non-compliance with the face covering orders;
• If anyone in a household is awaiting results or a COVID-19 test, or tests positive for COVID-19, the entire household must isolate and not leave the City of Austin, with limited exceptions;
• Expands guidance on face covering behaviors for individuals and businesses;
• Requires individuals over the age of six to wear face coverings at City Facilities;
• Provides extensions for all deadlines and expiration dates for “site plans, subdivisions, zoning, building permits, and similar development applications or permits” until at least August 15;
• Requires daily testing data reports from Hospitals, Pharmacies, and Clinics, specifically including antibody tests; and
• Encourages all retail, restaurant die-in, and reopened services to maintain contact activity laws for one-month.

The Order is consistent with Governor Abbott’s Executive Order GA-26 and the Governor’s Open Texas Checklists for Phase Three of the plan to reopen Texas.

Utah:

On June 23, 2020, with Utah’s June 30 primary coming up, the state election’s office has taken several steps to mitigate potential risks at the polls. Current steps being taken by the election’s office can be found here. Also, Utah’s Department of Health issued specific guidelines for poll workers to create safe and healthy experience for those voting in person in November. The Department’s recommendations from the guidelines promote mask wearing, regularly wipe down high-tough surfaces, and locate polling booths six feet apart facing the same direction. For voters, things to consider include:

• Think about using mail-in ballots.
• Stay home if you have a fever, respiratory symptoms, or think you’re sick.
• Wear masks at the polling site. (All workers will be required to wear masks, gloves, and eye protection.)
• Consider early voting, where crowds may be smaller, if you fall into one of the high-risk categories.
• Practice physical distancing when lining up to vote.
• Wash your hands when you go into the facility and when you leave. Use hand sanitizer if hand washing isn’t available.

More detailed information about safe voting is available here.

Vermont:

Governor Scott announced a change to the Unemployment Insurance (“UI”) program that increases the maximum weekly benefit to UI claimants from $513 to $531 starting in the first week of July. The Vermont Department of Labor is moving to UI Tax Rate Schedule 1, reducing individual employers’ UI tax rates starting July 1, 2020.

Washington:

On June 22, Governor Inslee announced a one-time extension for state executive branch organizations to submit their Continuity of Operations Plans (COOP) because of the COVID-19 pandemic. This year’s COOP plans, which were originally due on June 30, are now due on September 1, 2020.

West Virginia:

On Monday, June 22, Governor Justice held a press conference to discuss:

• Week 9 of “The Comeback,” which began on June 22, with new outdoor events, youth sports, and summer camps allowed to open (for more details, see the previous update on West Virginia).
• The recent surge in coronavirus cases across the state. The West Virginia Department of Health and Human Resources’ Bureau for Public Health released safety guidelines for citizens who plan to travel outside of the state.

June 22, 2020

Arizona:

(Pima & Maricopa Counties): Consistent with Governor Ducey’s Executive Order which authorized counties and cities to impose mandates requiring the use of facial coverings in public, Maricopa County has issued Regulations which require all persons above 6 years old to wear face coverings while inside any enclosed public area. Although children under 2 years old are exempt from the requirement, adults should use reasonable efforts to ensure children between the ages of 2 and 5 comply with the regulations. The Regulations make additional exemptions for restaurant patrons and those exercising in communal outdoor spaces, among others. The Regulations take effect on June 20, 2020 and will remain in place until further notice of repeal or revision.

Pima County similarly enacted a Resolution which requires the use of face coverings in public for all people five years and older. The Resolution exempts children under the age of 5 and also exempts restaurant patrons and those exercising outdoors, provided distancing is maintained, among others. The Resolution was passed on June 19, 2020, and does not specify an expiration date.

Arkansas:

Governor Hutchinson announced that nursing homes, assisted-living facilities, and residential-care facilities will be permitted to resume limited family visits and other activities on July 1 if they comply with the newly released guidelines issued by the Arkansas Department of Health concerning those facilities.

Additionally, the Department of Health issued new guidance regarding face coverings. While the Department is not mandating facial coverings, it is strongly recommending the following:

• Indoor settings: The public should wear face coverings in all indoor settings where they are with non-household members and 6-foot social distancing cannot be assured (e.g., workplaces, stores and businesses, places of worship, courtrooms, jails, schools, and health care facilities)
• Outdoor settings: The public should wear face coverings in all outdoor settings where they are with non-household members unless 6-foot social distancing can be assured.

California:

Last week the CDPH issued new guidance on face coverings to be worn in public or common spaces. Per the new guidance, Californians must wear face coverings when in any of the designated “high-risk” situations.

Additionally the Department revised the COVID-19 County Variance Attestation Form, which is required in order for a county to move through Stage 2 of the Resilience Roadmap. The most notable changes from the original Variance Attestation Form have been made to the Epidemiological Stability section, which now requires that counties must demonstrate a stable or decreasing number of patients hospitalized for COVID-19 by a 7-day average of daily percent change of no greater than 5% in the total number of hospitalized, confirmed patients or no more than 20 total confirmed COVID-19 patients hospitalized in any one day during the past 14 days.

Colorado:

Over the weekend, Governor Polis amended and extended various pre-existing Executive Orders relating to the home health work force, the elimination of cost sharing for COVID-19 testing and treatment for Medicaid enrollees, the declared state of emergency in Colorado, and the authorization for state agencies to issue emergency rules extending the expiration of dates of licenses and other documents. The following Executive Orders were issued on Saturday, June 20:

• D 2020 108. In addition to extending Executive Order D 2020 077, preserving the protections for Colorado’s Medicaid home health workforce and reducing the need for in-person visits, this Order temporarily suspends statutory requirements for cost sharing for COVID-19 testing and treatment for all Medicaid enrollees.
• D 2020 109. This Order extends the previously declared state of emergency in Colorado and provides additional funds to be allocated to pandemic response activities. Specifically, $29,600,000 from the Coronavirus Relief Fund sub-account will be made available to the CDPHE for pandemic response activities for expenses incurred from March 1, 2020 through December 30, 2020.
• D 2020 110 directs the CDPHE to issue a public health order requiring the use of non-medical grade face coverings and gloves, to be worn by all employees, contractors, and others responsible for providing mass transportation operations and critical businesses where employees interact in close proximity with members of the public. Further, this order authorizes the discretion of such operators and businesses to deny access or service to members of the public who refuse or fail to wear a face covering.
• D 2020 111 extends the authorization for executive directors of state agencies to promulgate and issue emergency rules in order to suspend or extend the expiration of licenses and other documents. This Order covers the extension of expiration dates of the following certificates, among others:
  • Authorizations to operate for private degree granting higher education institutions, issued by the Colorado Commission on Higher Education under C.R.S. § 23-2-103.3.
  • Controlled Substance Licenses, C.R.S. § 27-80-204.
  • Licenses issued by the Division of Banking for money transmitters under C.R.S. § 11-110-110(1)
  • Health care facilities as listed in C.R.S. § 25-3-101, C.R.S. § 25-3-102.
  • Assisted Living Residence Licenses under C.R.S. § 25-27105(2.5).

The full list of covered licenses and certifications can be found in the original Order, Executive Order D 2020 015. The June 20 Order extends the provisions of Executives Orders D 2020 015, D 2020 042, and D 2020 075 for an additional 30 days, to expire on July 30, 2020 unless otherwise amended or extended.

Connecticut:

Phase 2 of Connecticut's Reopening Plan began on June 17, 2020. As part of Phase 2, the following modifications have been implemented:

• Most businesses allowed to reopen under Phase 2 have a capacity limit of 50%.
• All businesses subject to the Phase 2 reopening rules are required to self-certify prior to re-opening. If a business already self-certified during Phase 1, the business will not need to certify again during Phase 2. A business may verify self-certification status with this searchable list.
• Restaurants are allowed to reopen indoor areas at 50% capacity and operate outdoor areas at 100% capacity (subject to municipal approval). Bar areas must remain closed until Phase 3.
• Hotels and lodging providers are allowed to reopen. Museums, zoos, and aquariums can reopen indoor areas, subject to applicable capacity limitations.
• Gyms, sports clubs, and fitness centers that do not provide organized sports can reopen at 50% capacity. Six feet is required between equipment and people if customers are required to wear masks; if masks are optional, 12 feet of distance is required for vigorous exercises.
• Outdoor gatherings are limited to 100 people.
• Outdoor event venues (e.g. amphitheaters, race tracks) can operate at 25% of fire capacity and must implement social distancing.
• Restrictions were also lifted on social clubs, amusement parks, libraries, and personal services. More sector-specific guidance can be found here.
• Phase 3 of Connecticut's Reopen Plan will be announced soon and is anticipated to begin in mid-July.

On June 17, 2020, Governor Lamont signed Executive Order No. 7AAA, which enacts the following provisions:

• Technical correction to Executive Order No. 7ZZ, Section 8: Clarifies that Executive Order No. 7F, Sections 3 through 5 remain in effect.
• Authority to modify limitation on group sizes in child care: Allows the commissioner of the Office of Early Childhood to increase permissible total numbers of children that a child care facility may serve in one space and in one facility.
• Waiver of requirement to hold annual agricultural fair and reporting requirement to maintain agricultural society property tax exemption: Allows agricultural and horticultural societies to continue to receive certain tax benefits without conducting a required annual agricultural fair.
• Mandatory COVID-19 testing for staff of private and municipal nursing home facilities, managed residential communities, and assisted living services agencies: Modifies the mandatory staff testing program for staff at nursing homes and other congregate settings to set conditions for testing to cease after 14 consecutive days without a positive case and to require resumed testing if any staff member or resident tests positive.

Delaware:

On June 19, 2020, Governor Carney signed the 22nd Modification to the State of Emergency Order. Under the modified order:

• Personal care services businesses may expand to 60% of stated fire code capacity.
• Youth and adult recreational sports tournaments may resume – subject to the prior approval of a tournament-specific safety plan by the Division of Public Health (DPH).

On June 15, 2020, Delaware entered Phase 2 of its economic reopening plan. Phase 2 imposes the following requirements:

• A gathering of more than 250 people requires specific approval.
• Businesses that had been operating at 30% of fire occupancy requirements can move to 60% of fire occupancy requirements (excluding staff). Exercise facilities and personal care services (hair care, tanning, tattoo, massage therapy services, nail care, brow care, spas, waxing services and similar) are to remain at 30% of fire occupancy requirements (excluding staff). For more industry-specific guidance, click here.
• Indoor children's play areas must remain closed. Water parks and sports facilities/venues (professional and amateur) will remain closed unless they have received state approval for their reopening plan.

Idaho:

On June 22, 2020, Governor Brad Little issued an Executive Order that requests all state agencies to permanently eliminate the regulations that were temporarily waived in response to COVID-19, stating that there is a presumption that these regulations were dated and unnecessary.

The governor directed all state agencies to examine their rules in an effort to increase state healthcare provider capacity and reduce barriers to healthcare access for citizens. As a result of the rule examination, 150 rules were temporarily waived, and now the governor has announced that he wants those agencies to finalize the rule changes for a presentation to the Idaho Legislature in January of 2021.

Illinois:

Current data from the Illinois Department of Public Health shows that each of Illinois’ four regions are on track enter Phase 4 on June 26. For the first time, all four regions have a positivity rate below 5%. Governor Pritzker, in conjunction with the Illinois Department of Commerce and Economic Activity, has released guidelines specific to Phase 4. Guidelines and other resources are available for the following:

• Meetings and Social Gatherings
• Indoor and Outdoor Recreation
• Indoor and Outdoor Dining
• Museums
• Zoos
• Theaters and Performing Arts
• Youth and Recreational Sports
• Film Production
• Manufacturing
• Offices
• Retail
• Service Counters
• Health and Fitness Centers
• Personal Care Services
• Day Camps

(Chicago): Starting on Friday, June 26, restaurants and bars will be able to allow indoor service, subject to the following guidelines:

• 25% capacity, with a maximum capacity of 50 people per room or floor
• Tables must be six feet apart, with ten people or fewer per table
• Drinking establishments without a Retail Food Establishment License will be limited to a maximum of two hours per party
• Alcohol sales at bars and restaurants for on-site consumption must cease at 11:00 p.m. each night
• Alcohol sales for carryout or delivery must cease at 9:00 p.m. each night
• Employees and customers must wear protective gear
• Establishments must abide by daily cleaning and sanitizing standards
• Signs must provide visual guidance on hygiene standards, social distancing, and protective gear requirements
• Ventilation systems must be clean and must be operating properly

Indiana:

Governor Holcomb announced a new, needs-based $61.6 million Education Relief Fund to improve remote learning. Traditional public-school corporations, public charter schools, accredited non-public schools, higher education institutions, and other education-related entities are eligible to apply. The grant program will be focused on three areas:

• Device Availability: to address the need for access to digital learning devices
• Connectivity: to develop comprehensive community-level and regional-level solutions
• Educator Capacity: to support partnerships between higher education and PK-12 to develop professional development and curriculum opportunities

Iowa:

Governor Reynolds signed Bill SF2338 into law on June 18. This Act relates to civil actions and the evidence necessary to prove past medical expenses. Notably, the Act provides that a person will not be liable for civil damages for injuries sustained from exposure to COVID-19 where the person acted in substantial compliance with state or federal public health guidance. Health care providers also may not be liable for injury or death of an individual while providing or arranging health care for COVID-19 treatment, including screening and treatment, and prescribing and administering medications. The Act also establishes a limited duty of care for persons who possess or control a premise and recklessly, or intentionally transmit COVID-19.

Kansas:

On June 18, the Unified Government Public Health Department (UGPHD) of Wyandotte County/Kansas City issued a press release extending Phase 3 of re-opening to July 6. The UGPHD previously warned that the uptick of new covid-19 cases might require an extension, or reversal, of Phase 3. The restrictions still in place for Wyandotte County include:

• no groups larger than 45 people;
• 6 feet must be maintained at businesses; and
• an encouragement to wear masks in public.

In Jefferson County/Topeka Phase Out is set to begin on Monday, June 22. Phase Out is the last phase of the Ad Astra: A Plan to Reopen Kansas and includes:

• no travel restrictions;
• remaining home if you feel sick;
• following additional guidance from employers, if any; and
• maintaining social distancing where applicable.

In Shawnee County/Topeka, Phase 3 is not ending on June 22, though no specific date for the end of Phase 3 has been released.

Louisiana:

Governor John Bel Edwards announced that Louisiana will stay in Phase Two of reopening rather than entering Phase Three, as the number of COVID-19 cases and related hospitalizations have started to rise in several regions across the state. The Governor will extend his Phase Two order for another 28 days, keeping in place occupancy limits and other restrictions.

Maine:

Governor Mills announced the postponement of indoor bar reopening until further notice. Originally scheduled to reopen on July 1 (Stage 3 of Keep Maine Healthy plan), indoor bar service has been postponed indefinitely due to the "elevated risk presented by bars" and the growing number of coronavirus cases in other states. Further information regarding the Keep Maine Healthy plan can be found here.

Massachusetts:

(Statewide): Massachusetts issued COVID-19 Order No. 40, which begins step 2 of Phase II of the State’s re-opining plan, effective June 22, 2020, at 12:01 AM. In this phase:

• Personal service business may reopen, and
• Restaurants may reopen their indoor table service
• All other phase II restrictions under Order No. 37 continue to apply.

Nebraska:

The majority of Nebraska is set to move into Phase 3 of Governor Rickett’s reopening plan as of June 22. Under Phase 3:

• Fan attendance at youth and school games change to the same limits as for gatherings;
• All restrictions on elective surgeries are removed;
• Bars, restaurants, and clubs may open to 100% of occupancy, with a maximum of eight individuals per party;
• Food may be consumed at bar seating; buffets and salad bars are still prohibited;
• Childcare facilities may open with capacity limited to the following numbers:
  • Infants to 3 years old: 15 children per room/space;
  • 3 years old: 20 children per room/space;
  • 4-5 years old: 24 children per room/space; and
  • K-12 children: 30 children per room/space;
• Indoor gatherings will be limited to 50% of occupancy (not to exceed 10,000);
• Outdoor gatherings will be limited to 75% of occupancy (not to exceed 10,000);
• Six feet of separation between groups in gatherings moves to being a recommendation only;
• Parades, carnivals, dances, and beer gardens remain prohibited;
• Gyms, fitness centers, health clubs and health spaces will be limited to 75% of occupancy;
• Salons, barber shops, massage therapy services and tattoo parlors will be limited to 75% of occupancy; workers and patrons must still wear masks at all times; and
• Wedding and funeral reception venues will be limited to eight individuals per party, self-serve buffets and salad bars are still prohibited.

New Hampshire:

Beginning on June 22, New Hampshire’s “Safer-at-Home Advisory” allows for summer day camps and playground programs offered by municipalities, private day camp providers, and youth serving organizations are permitted to operate under new, flexed guidance. Day camp staff and attendees must be either New Hampshire residents or must meet a 14-day quarantine requirement. The complete reopening guidance for New Hampshire day camps can be found here.

New York:

The Governor announced that global public health experts cleared the Mid-Hudson Valley to enter Phase 3 of reopening on June 23. Long Island is on track to enter Phase 3 of reopening on June 24.

North Carolina:

Governor Roy Cooper signed a number of bills into law on June 19, 2020. These include:

• House Bill 158, to require the Division of Motor Vehicles to temporarily waive the Road Test requirement for Level Two limited provisional licenses.
• Senate Bill 836, to increase the amount of coronavirus relief funds used for the continuity of operation needs across the state government.

The Governor also vetoed House Bill 594, which would allow any indoor or outdoor exercise and fitness facilities, gyms, health clubs, and fitness centers to open and operate if certain conditions are met. Governor Cooper’s response for the veto was that, “Tying the hands of public health officials in times of pandemic is dangerous, especially when case counts and hospitalizations are rising. State and local officials must be able to take swift action during the COVID-19 emergency to prevent a surge of patients from overwhelming hospitals and endangering the lives of North Carolinians. The bill could restrict leaders who need to respond quickly to outbreaks and protect public health and safety.”

Governor Cooper also announced that North Carolina has created the nation’s first statewide technology platform, NCCARE360, to coordinate whole-person care uniting traditional healthcare settings and organizations that address non-medical drivers of health, such as food, housing, transportation, employment and interpersonal safety. NCCARE360 is now available in all 100 counties.

North Dakota:

The North Dakota Emergency Commission announced it will direct $406 million in federal stimulus money towards the state’s COVID-19 response. The state received $1.25 billion from Congress when it passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The funds will be used to support economic recovery programs and the state’s Unemployment Insurance Trust Fund.

Ohio:

Governor Mike DeWine signed an executive order altering the definition of “good cause” for unemployment throughout the COVID-19 State of Emergency. “Good cause” now includes:

• A medical professional recommends that an individual not return to work because that person falls into a category that is considered high-risk for catching COVID-19 by the Centers for Disease Control and Prevention and their employee cannot offer teleworking options.
• The employee is 65 years of age or older.
• There is tangible evidence of a health and safety violation by the employer that does not allow the employee to practice social distancing, hygiene, and wearing personal protective equipment.
• The individual has been potentially exposed to COVID-19 and subject to a quarantine period as prescribed by a medical or health professional.
• The individual must stay home to care for a family member who is suffering from COVID-19 or subject to a prescribed quarantine period by a medical or health professional.

Lt. Governor Jon Husted announced that Phase II of the Responsible RestartOhio plan for sports activities allowed contact practice for all sports to resume on Monday, June 22, 2020. Football, lacrosse, and other contact sports can resume scrimmages and full training regiments as long as safety protocols are observed.

Oklahoma:

Governor Stitt announced the creation of the Oklahoma Business Relief Program (OBRP) to provide funding for local businesses that have suffered a loss of 25% or more from January to May 2020, as compared to their 2019 revenue for the same months. Interested businesses, subject to business eligibility restrictions, must apply through a participating financial institution. Applications will be accepted from June 26 to July 10, and funds will be distributed on July 17.

Oregon:

On June 19, Governor Brown issued face covering requirements for indoor public spaces, which applies to businesses and members of the public visiting those businesses. Applicable businesses must require staff and visitors to wear a mask, face shield, or other face covering, unless an accommodation or exemption is required by law. These requirements will be enforced beginning on June 24, and affect Multnomah, Clackamas, Washington, Marion, Polk, Hood River, and Lincoln Counties. Counties not included in the face coverings guidance may request to opt in at any time.

Rhode Island:

Governor Raimondo issued Executive Order 20-47, extending Executive Orders 20-35, and 20-37. 20-35 limits the number of participants able to attend summer camps, and, 20-37 suspends retirement work restrictions for retired persons beneficial to COVID-19 response capacities.

South Carolina:

The South Carolina Education Task Force presented its final recommendations for returning to school.

The task force requested Health and safety grants for schools a as well as the purchase of PPE. The task force also recommended that each district create a reopening task force team of its own to develop its own procedures to open its schools in the fall. In addition, the plan includes 4 phases that take into account summer planning and preparation, pre-opening schools, and reopening of schools and continuity of their operation.

There are 3 possible scheduling models being considered to be used by schools in conjunction with the health and safety guidelines in their communities:

• Traditional Model: allows students and faculty to return to schools in a fashion similar to “traditional” schooling
• Hybrid Model: allows only for a portion of the staff and students to return to schools with the remaining staff and students utilizing distance learning
  • The task force indicates this is the most likely scenario if there is a medium spread of COVID-19
• Full distance learning model: no students or staff physically able to return and all learning would be remote

Tennessee:

(City of Memphis and Shelby County): In the wake of Shelby County’s postponement of their Back-to-Business Plan Phase 3, Shelby County has issued Health Directive No. 6, effective June 15, 2020, providing further safety guidance to individuals and already operating business owners.

(Knox County): Effective July 1, 2020, Knox County will shift away from its local reopening plan and adopt the guidelines of Tennessee’s state-wide Tennessee Pledge program. This will allow businesses in most industries to resume operations with increased precautions and work from home policies where possible. Until that time, Knox County will continue to operate under Phase 2 of the Knox County & City of Knoxville community reopening plan.

Texas:

The following Texas Counties have mandatory face mask orders as of June 22, 2020:

• Bexar
• Cameron
• Dallas
• El Paso
• Harris
• Hays
• Hidalgo
• Travis

(Harris County): On June 19, Harris County Judge Lina Hidalgo issued an Order Regarding Health and Safety Policy and Face Coverings. The Order is effective June 22, 2020 and extends through June 30, 2020 unless modified, amended, or rescinded. The Order requires all commercial businesses in Harris County “to develop, post, and implement a health and safety policy.” The policy must require, at a minimum, all employees and customers to wear face coverings while inside the businesses premises or other facilities. The health and safety policy must be posted in a conspicuous location to put all employees and customers on notice.

The Order also requires all members of the general public, aged 10 and older, to wear face coverings when in commercial businesses or when working in a commercial business in close proximity to others.

The Order provides six exceptions. Face coverings are not required:

• When exercising outside or engaging in physical activity outside;
• While driving alone or with passengers who are part of the same household as the driver;
• When doing so poses a greater mental or physical health, safety, or security risk;
• While pumping gas or operating outdoor equipment;
• While in a building or activity that requires security surveillance or screening, for example, banks; or
• When consuming food or drink.

The Order is consistent with Governor Abbott’s Executive Order GA-26 related to Phase Three of the plan to reopen Texas and no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.

(Dallas County): On June 19, Dallas County Judge Clay Jenkins issued a Supplemental Order Continuing Requirements After Expiration of Stay Home, Stay Safe. The Order is effective June 19, 2020 and extends through August 4, 2020 unless modified, amended, or rescinded. The Order requires all commercial businesses in Dallas County “to develop, post, and implement a health and safety policy.” The policy must at least require all employees and customers to wear face coverings while inside the businesses premises or other facilities. The health and safety policy must be posted in a conspicuous location to put all employees and customers on notice.

The Order also requires all members of the general public, aged 10 and older, to wear face coverings when in commercial businesses or when working in a commercial business in close proximity to others.

The Order provides six exceptions. Face coverings are not required:

• When exercising outside or engaging in physical activity outside;
• While driving alone or with passengers who are part of the same household as the driver;
• When doing so poses a greater mental or physical health, safety, or security risk;
• While pumping gas or operating outdoor equipment;
• While in a building or activity that requires security surveillance or screening, for example, banks; or
• When consuming food or drink.

The Order is consistent with Governor Abbott’s Executive Order GA-26 related to Phase Three of the plan to reopen Texas and no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.

Utah:

On June 19, 2020, Governor Herbert issued an Executive Order announcing that the following counties would transition to the New Normal Health Risk Status, or Green: Beaver, Daggett, Duchesne, Emery, Garfield, Millard, Piute, Uintah and Wayne. The order, which officially moved nine rural counties to the new status, accounts for only 3% of Utah's population. The more densely populated county, Salt Lake City, will remain at Moderate Risk Status, or Orange. The New Normal Health Risk Status allows businesses to open and operate under enhanced hygiene and cleaning regime. Executive Order 2020-31 is repealed and replaced by this order.

Vermont:

On June 19, Governor Scott announced Vermont’s plan to raise state occupancy limits, which will take effect on June 26, 2020. The state will raise the occupancy limit to 50% capacity or one person per 100 square feet of customer facing space for event venues, arts, culture and entertainment venues, and restaurants. Occupancy for indoor events is capped at 75 people and organized outdoor events are capped at 150 people.

The Administration provided additional guidance on mandatory health and safety requirements.

Virginia:

On June 19, 2020, Governor Northam announced new guidelines and testing requirements for reopening long-term care facilities. The Governor plans to use $246 million, primarily from the CARES Act funding, to assist long-term care facilities in their response to COVID-19. Additionally, the Governor is directing the Virginia Department of Health (VDH) to make public facility-specific data regarding COVID-19 cases and deaths associated with long-term care facilities.

Virginia will spend an additional $246 million in new funding to support nursing homes and assisted living facilities in addressing staffing shortages, increasing infection control measures, and purchasing personal protective equipment (PPE), as well as complying with the new testing requirements. The majority of funding will go to nursing facilities, which receive Medicaid payments. More than $56 million is provided for periodic testing of nursing home residents and staff. This additional funding includes $152 million from the Provider Relief Fund that long-term care facilities have received for COVID-related expenses.

Washington:

On June 19, Governor Inslee signed three new proclamations (20-58, 20-59, and 20-41.5). Proclamation 20-58, which expires on July 19, waives/suspends the statute that requires shared work benefits to be paid by employers. Proclamation 20-59, which also expires on July 19, allows dental hygiene and pharmacy graduates to obtain a temporary license if certain conditions are met. Lastly, Proclamation 20-41.5 suspends in-person attestation for instructional permits from the DOL until July 1.

Governor Inslee also announced additional clarification for religious/faith-based organizations, as well as guidance relating to non-religious weddings, and non-religious funeral/memorial services.

On June 18, Governor Inslee announced—and the state legislature approved—the extension of 23 proclamations in response to the continuing COVID-19 pandemic, including:

• 20-15.4: Relating to the Department of Licensing (extending 20-15.3)
• 20-20.4: Regarding certain relief granted by the Department of Revenue from Penalties, Fees, Interest, Due Dates (extending 20-20.3)
• 20-21.4: Relating to the one week waiver for unemployment (extending 20-21.3)
• 20-23.5: Relating to ratepayer assistance and preservation of essential services (extending 20-23.4)
• 20-26.4: Regarding the certain requirements relating to the Liquor and Cannabis Board (extending 20-26.3)
• 20-27.4: Waiving/suspending the effective date of SB 5641 (enacted 2019), which set Oct. 1, 2020, as the effective date to allow for electronic remote notary services (extending 20-27.3)
• 20-28.5: Relating to open public meetings and public records (extending 20-28.4)
• 20-29.4: Relating to telemedicine and health care parity (extending 20-29.3)
• 20-30.4: Regarding the job search requirement for unemployment benefits (extending 20-30.3)
• 20-31.4: Regarding Division of Child, Youth, and Families child care and background checks (extending 20-31.3)
• 20-32.4: Relating to healthcare worker licensing requirement waivers (extending 20-32.3)
• 20-33.6: Relating to Department of Child, Youth, and Families visitation and remedial services (extending 20-33.5)
• 20-34.4: Waiving financial report filing deadlines with the State Auditor’s Office (extending 20-34.3)
• 20-37.4: Waiving/suspending laws/rules relating to registered nursing assistants training in nursing home facilities, allowing them to more easily begin working before being officially licensed (extending 20-37.3)
• 20-38.4: Waiving/suspending laws/rules that will allow DSHS to more easily register and license long-term care facilities (extending 20-38.3)
• 20-39.4: Waiving/suspending post-retirement statutory work limitations for experienced public employees to return to work or postpone retirement if they are in essential jobs (extending 20-39.3)
• 20-41.4: Waiving/suspending statutory deadlines for renewal of personal and commercial driver licenses, essentially extending the period in which people can renew their licenses (extending 20-41.3)
• 20-43.3: Relating to annual leave and pay procedures for state employees (extending 20-43.2)
• 20-44.3: Authorizing a nursing home to transfer or discharge residents to another long-term care facility (extending 20-44.2)
• 20-48.3: Waiving/suspending certain statutory barriers for renewing or extending commercial driver licenses and commercial learner permits to align with federal statutes waived by the Federal Motor Carrier Safety Administration (extending 20-48.2)
• 20-49.5: Protecting CARES Act stimulus payments, as well as state and federal unemployment payments, from bank account garnishments (extending 20-49.4)
• 20-51.3: Waiving/suspending certain laws relating to the operation of utilities in order to provide relief to utility payers through the state Utilities and Transportation Commission (UTC) (extending 20-51.2)
• 20-52.3: Formally extending the statutory waivers initially included in Proclamations 20-06, 20-10, 20-16, 20-17 and 20-18, which were extended together for administrative efficiency (extending 20-52.2)

West Virginia:

On June 19, 2020, Governor Justice signed an Executive Order No. 45-20 that will formally allow several activities, currently scheduled to reopen in the Week 9 phase of West Virginia Strong – The Comeback, to resume. Under the new order:

• The following activities were permitted to reopen on Monday, June 22: Youth sports games with spectators; outdoor sporting events with spectators; outdoor equestrian events with spectators; outdoor motorsport and powersport racing with spectators; and summer youth camps. No specific occupancy limit is provided, but businesses are encouraged to limit occupants as necessary to ensure social distancing.
• County school systems can hold in-person high school graduation ceremonies starting Monday, June 22. The guidelines require that all in-person graduations must be held at outdoor venues and that events must be structured to allow for adequate social distancing and for other safety measures to be properly followed.

Wyoming:

On June 22, 2020, Governor Gordon issued updated guidance on in-person visitation at long-term care facilities in designated outdoor spaces. A trained staff member of the facility will be required to remain with the visitor at all times. Visitors are limited to two persons at a time, are subject to screenings for symptoms of respiratory illness, and are required to wear face coverings.

June 18, 2020

Arizona:

Governor Ducey issued an Executive Order which now allows counties and cities to impose more restrictive mandates requiring the use of facial coverings in public effective June 18. This Order is a limited amendment to the “Stay Healthy, Return Smarter, Return Stronger” prohibition which did not allow local governments to impose greater restrictions than those imposed by the state. The Order takes effect on June 18, 2020 and remains in effect until further notice, but will be reviewed every two weeks for possible revision or repeal.

Arkansas:

On June 18, Governor Hutchinson signed Executive Order 20-37, which terminates Executive Order 20-03, which was the Governor’s first declaration of an emergency due to COVID-19, and all amendments thereto. EO 20-37 renews the public health and disaster emergency and declaration of Arkansas as a disaster area resulting from the impacts of COVID-19, and will expire in 60 days unless renewed in whole or in part by executive order.

The Order incorporates the various additional executive orders listed below, which will remain in effect until the expiration or renewal of EO 20-37.

• EO 20-05: permits telehealth
• EO 20-06: suspends certain rules and statutes by state agencies to permit flexibility in responding to COVID-19
• EO 20-09: extends tax deadlines
• EO 20-14: suspends in-person witnessing and notarization of legal documents
• EO 20-15: suspends prohibitions for banks and corporations to hold shareholder meetings solely or partially by remote communication
• EO 20-18 and 20-34: increase access to healthcare resources
• EO 20-22 and 20-35: extend Workers’ Compensation eligibility
• EO 20-33: protects businesses from liability related to COVID-19

Finally, the Kansas Department of Health listed Arkansas as a COVID-19 hot spot and is now requiring anyone who visits the state to quarantine for 14 days.

Idaho:

On June 17, 2020, Governor Little signed an Executive Order that established the authority for the administration of bonuses that are part of Idaho’s Return to work bonus program. The Order does the following:

• The creation of the Idaho Return-to-Work bonus program using up to $100 million from the Coronavirus Relief Fund. The total amount for this program will be drawn from the remainder of the $300 million set aside from the Coronavirus Relief Fund for the Idaho Rebound Bonus Program.
• Bonuses of up to $1,500 shall be made available to Idaho workers who return to work on or before July 1, 2020.
• The program is part of the functions of the Idaho Workforce Development Council, which set the criteria for eligibility for the bonuses at its June 11, 2020 public meeting, including:
  • The worker has filed for unemployment benefits during the coronavirus pandemics, starting on or after March 1, 2020;
  • The worker has started work for a non-governmental employer no later than July 1,2020;
  • The worker makes $75,000 or less annually;
  • The worker meets the part-time (20 hours) or full-time (30 hours) hour thresholds in the four weeks immediately following the return to work;
  • The position for which the worker returned to work is intended to be an ongoing position beyond the four-week time period; and
  • The worker has not previously received a return to work bonus.
• The Idaho State Tax Commission shall administer the Idaho Return-to-Work bonus program and distribute the funds in account 0345, pursuant to Sections 46-1008(5), 72-1201, and 67-3516(2), Idaho Code.

To receive the bonuses, employers must apply for the bonuses on behalf of their employees. Eligibility requirements for the bonuses and how to apply can be found here.

Governor Little also announced the formation of two new committees to create a plan for reopening public schools this fall and a plan to address the “digital divide,” a term that describes the inequity between students’ access to remote learning across Idaho. The committees will support the Governor’s Office and the State Board of Education. The Public Schools Reopening Committee is chaired by Idaho State Board of Education President Debbie Critchfield and includes participation from legislators, the State Department of Education, school district and charter school administrators, operations staff, business and industry representatives and local health officials. The committee will make guidance and resources available to school districts and charter schools in the coming weeks. More information about the two committees, including meeting dates and membership can be found here.

Kansas:

In a press release on June 16, the Unified Public Health Department warned of a new uptick in Covid-19 cases in Wyandotte County/Kansas City. Public health officials warn that the end of Phase 3 on June 22 could be pushed back, or reversed, if the trend of increased cases continues. Phase 3 has allowed for the opening of all businesses, educational institutions, activities, venues and establishments. The restrictions still in place for Wyandotte County include:

• no groups larger than 45 people;
• 6 feet must be maintained at businesses; and
• an encouragement to wear masks in public.

The end of Phase 3 would begin the Phase Out phase when most restrictions are lifted.

Michigan:

Governor Whitmer signed Executive Order 2020-127, which extends the state of emergency and state of disaster relating to the COVID-19 pandemic and rescinds Executive Order 2020-99. The new order is effective immediately and continues through July 16, 2020, at 11:59 pm. In light of ongoing litigation, Governor Whitmer will evaluate the continuing need for this order.

Missouri:

(Boone County): Boone county along with the City of Columbia, Missouri released Order Nos. 2020-07 and 2020-07C, which takes effect on June 23, 2020, and will remain in effect until July 20, 2020. Under this order:

• Occupancy limitations are removed for businesses
• Restaurants and bars may not utilize standing bars, counters, or buffet service
• Large venues, entertainment facilities, movie theaters and nightclubs must submit an operational plan for approval
  • These venues are limited to 100 people with social distancing
• Child care services may not have groups larger than 50 children
• Personal care services may increase their capacity to 50% or a total of 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing

(Christian County): Christian County issued Order No. 06-15-2020-01, which took effect June 15, 2020, and expires June 21, 2020. This order repeals Exhibit A of Order No. 05-29-2020-01, which outlined business restrictions and outlines guidance for individuals to continue to take precautions during the COVID-19 pandemic.

Montana:

Governor Steve Bullock announced the creation of a loan deferment program to assist Montana businesses impacted by COVID-19. The Montana Loan Deferment Program will allow businesses and other entities to defer payments on existing loans for 6 to 12 months and free up a significant amount of otherwise dedicated capital for the borrower to leverage on a monthly basis.

Oregon:

Governor Brown announced several decisions relating to county reopening applications after meeting with health experts, business leaders, and local officials. First, she instituted a requirement to wear face coverings while in indoor public spaces, such as grocery stores and other businesses, for the following counties: Multnomah, Washington, Clackamas, Hood River, Marion, Polk, and Lincoln. This mandate will be effective beginning Wednesday, June 24.

Governor Brown also moved Marion, Polk, and Hood River Counties to Phase 2, and Multnomah County to Phase 1, starting Friday, June 19.

Lastly, Governor Brown said she will group several counties together as regional units for future reopening decisions. This will apply to the tri-county area––Multnomah, Washington, and Clackamas Counties. Marion and Polk Counties, which each include parts of the City of Salem, will also be treated as a unit going forward. As a result of these decisions, the entire tri-county region will remain in Phase 1 for at least 21 days after June 19 before the three counties together will become eligible for Phase 2.

Tennessee:

(City of Nashville and Davidson County): The City of Nashville and Davidson County will enter Phase 3 of the Roadmap for Reopening Nashville on Monday, June 22, 2020. Effective June 22, retail stores, commercial businesses, and restaurants may continue to operate at 75% capacity. Restaurants may now reopen their bar areas at 50% of seated capacity, though no standing at bars will be allowed. Gyms and exercise facilities, museums, and small venue entertainment may continue to operate at 50% capacity. Higher-touch entertainment businesses such as bars, clubs, event venues, and tour businesses may now begin to operate at 50% capacity. For bar areas, this capacity must be assessed based on available bar seating. Additionally, small music venues and event spaces must cap their event size at 250 people. Live music and entertainment will be allowed in accordance with public health orders. Gatherings are recommended to continue observing a 25-person maximum. Residents of 65+ and high-risk individuals are recommended to remain at home to the extent possible, masks continue to be required in public, and individuals that are able to work from home should continue to do so whenever possible.

(City of Memphis and Shelby County): Effective June 16, 2020, Memphis Mayor Jim Strickland issued Order No. 30-2020 adopting the current and any future Health Directives issued by Shelby County. On Monday, June 15th, 2020, Shelby County officials further postponed the move to Phase 3 of the Back-to-Business plan expected to happen that day.

(Knoxville and Knox County): Effective May 26th, 2020, the City of Knoxville and Knox County entered Phase 2 of their community reopening plan. Phase 2 builds on Phase 1, and all industries open during Phase 1 may continue to operate. Food truck parks, drinking only establishments, and businesses allowing onsite food and beverage consumption may now be opened for seating-only service. Bar and counter seating, and self-service food and drink services continue to be disallowed. Outdoor recreation spaces, libraries, and indoor/outdoor event venues may now operate at a maximum capacity of 50 people. Personal care services that require removal of face covering, personal training facilities, and senior centers remain closed. Phase 2 also increases the maximum number of people allowed at social gatherings to 50 people.

Texas:

(Austin): On June 17, Austin Mayor Steve Adler issued Order No. 20200617-014, effective today and through August 15, requiring that all businesses in the City of Austin providing goods or services directly to the public must develop and implement a health and safety policy or plan related to COVID-19 by June 23.The health and safety policy or plan must require, at a minimum, that all employees and visitors wear face coverings while on the business’s premises or other facilities. The health and safety policy or plan must be posted in a conspicuous location sufficient to provide notice to employees and visitors.

There are some exceptions to the Order. A mask is not required when:

• Alone in a single, separate space
• Among people of the same household
• Eating or drinking in a restaurant or a bar
• Outdoors engaging in an allowed activity with social distancing
• Wearing a mask poses a safety or health risk

Governor Abbott signaled his approval for such orders by approving of the similar Bexar County Order (Executive Order NW-10) that requires businesses to mandate masks for workers and customers.

Virginia:

On June 18, 2020 Governor Northam announced a plan that outlines the third phase of the “Forward Virginia” plan, in an effort to continue mitigating public health restrictions, while also combatting the spread of COVID-19. However, Virginia has not yet set a target date to enter into Phase Three. Phase Three includes key changes, including:

• Virginia’s 50-person limit on gatherings established in Phase 2 will increase to a 250-person limit
• Non-essential retail establishment’ capacity limit will be lifted, but physical distancing measures are still required
• Restaurants’ capacity limit will be lifted, but physical distancing measures are still required
• Entertainment venues (including museums and zoos) will have their capacity limit raised to 50% with a maximum of 1,000 people in any space
• Gyms and fitness centers will have their capacity limit raised from 30% to 75%

In-depth Phase Three guidelines for different business sectors in the Commonwealth can be found here. A slide show from Governor Norman’s presentation on “Forward Virginia” on June 18, 2020 can be found here.

Washington:

Governor Inslee announced updated health guidance for religious and faith-based services today as more counties move forward under Washington’s Safe Start recovery plan. Phase 3 would permit indoor capacity of 50% or 400 people, whichever is less. Health requirements for social distancing and facial coverings will remain the same as the guidance for previous phases. For services taking place in modified Phase 1 and Phase 2 counties, indoor services at 25% capacity or 200 people, whichever is less. In health guidance for services taking place in Phase 1 counties, only outdoor services are permitted, with no more than 100 attendees.

June 17, 2020

Colorado:

Governor Polis reiterated the State’s commitment to delaying the filing date for state tax returns to July 15, 2020. Executive Order D 2020 105 extends Executive Order D 2020 010, as amended, through which Governor Polis initially extended the State’s tax-return deadline to coincide with extended federal filing date of July 15.

District of Columbia:

Mayor Bowser announced that the District of Columbia could enter Phase Two of reopening on Monday, June 22. While the announcement is not yet official and is contingent upon the District’s continuance of meeting various metrics, it remains instructive that a target date has been announced. Phase 2 will include the reopening of indoor dining and gyms, spas, and fitness centers, all with varying degrees of restrictions. Under Phase 2, the cap on gatherings would increase from 10 to 50 people. 

Illinois:

Under Governor Pritzker’s Restore Illinois Plan, Illinois is divided into the following four regions: Northeast Illinois; North-Central Illinois; Central Illinois; and Southern Illinois. Under the Plan, a region may enter Phase 4 upon satisfying the following conditions: 

• At or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day period, AND
• No overall increase (i.e. stability or decrease) in hospital admissions for COVID-19-like illness for 28 days, AND
• Available surge capacity of at least 14 percent of ICU beds, medical and surgical beds, and ventilators

Current data from the Illinois Department of Public Health shows that each Illinois region is positioned to move into Phase 4 on June 26.

(Chicago): Chicago bars and breweries were permitted to reopen outdoor seating areas today. Industry specific guidelines for bars and restaurants define outdoor dining and alcohol consumption areas as rooftops, rooms with retractable roofs and indoor spaces where 50% or more of a wall can be removed via the opening of windows, doors, or panels provided that dining tables are within 8-ft from such openings. Notable guidelines for bars and restaurants include:

• Space tables 6 feet apart
• Complete and meet standards set forth in the FDA reopening checklist
• Drinking establishments with tavern licenses should provide access to food, if possible
• Drinking establishments with tavern licenses should limit seating to a maximum of 2 hours to manage consumption of alcohol
• If practical, establish separate entry and exit doors to access indoor amenities, such as restrooms
• Use impermeable barriers where 6-foot social distancing is not possible
• Ensure music volume remains low so employees and customers can practice social distancing while talking

Kansas:

On June 16, the Kansas State Finance Council approved the distribution of $400 million in funding from the Coronavirus Relief Fund to local governments. Each Kansas county will receive resources based on their population, case rates, and unemployment rates. Further updates will be provided as individual counties determine use of these resources.

Louisiana:

Governor John Bel Edwards signed a number of bills into law on June 17. These include:

• Senate Bill No. 189, creating special funds for the deposit of certain federal monies in the state treasury for response to COVID-19. 
• Senate Bill No. 763, regarding a gubernatorial declaration of an abnormal economic disruption. Upon the declaration of an abnormal economic disruption by the Governor, a person is prohibited for fifteen days from charging any other person a price for various goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business.
• House Bill No. 781, declaring that firearms and ammunition manufacturers, distributors, wholesalers, suppliers, retailers, and shooting ranges are essential businesses and operations for purposes of safety and security and shall not be prohibited or restricted from operating or conducting business during a declared emergency or disaster.
• House Bill No. 836, to provide for the waiver of certain licensing requirements in the event of a declared state of emergency, such as COVID-19.
• House Bill No. 826, to provide a limitation of liability for COVID-19, so that no person, state or local government, or political subdivision shall be liable for injury or death resulting from exposure to COVID-19 in the course of business operations unless the person, government, or political subdivision failed to substantially comply with the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business. However, they may be found liable if they commit gross negligence or wanton or reckless misconduct. 

Maryland:

With the rest of Maryland already in Phase 2 of reopening, the D.C. suburb of Montgomery county has announced it will enter Phase 2 at 5:00 p.m. on Friday. 

Missouri:

Missouri’s reopening order expired on June 15, 2020, and Governor Michael L. Parson announced that no statewide order would follow, which marks the beginning of Phase 2. Missouri’s Reopening website still contains a recovery plan and guidance for businesses. 

Nebraska:

On June 17, Governor Rickets signed Executive Order No. 20-27, which waived various state statutes and regulations related to health care professionals. This Order applies to 27 different healthcare-related professions, including nursing, dentistry, chiropractic, and pharmacy. Some of the Order’s key changes include:

• Allowance of provisional credentials pending credential examination results, through December 31, 2020;
• Deferment of in-person training courses or examinations through December 31, 2020; and
• The ability of current credential holders to request waivers of continuing competency as part of their renewal process. 

New Hampshire:

On June 16, Governor Sununu announced that New Hampshire’s stay-at-home order has expired and the state has transitioned to the new “Safer-at-Home Advisory.” The advisory encourages elderly individuals and individuals with underlying health conditions to stay at home to protect their health. Many businesses may maintain or begin operations so long as the business complies with the standards and guidelines approved by the New Hampshire Public Health. A complete list of businesses and the flexed guidance for each type of business can be found here.  

New York:  

Governor Cuomo announced that that New York City is on track to enter Phase Two of reopening on June 22. The Mid-Hudson Valley is on track to enter Phase Three of reopening on June 23 and Long Island is on track to enter Phase Three of reopening June 24 based on current data. 

Governor Cuomo also announced that the New York State Department of Financial Services has reached an agreement with New York's credit reporting industry to help New York consumers facing hardship caused by COVID-19 to avoid unjustified negative impacts on consumers' credit reports. DFS also urges New York State-regulated financial institutions to furnish credit information in ways that minimizes negative impacts on consumers. Credit reporting agencies will:

• Provide one free credit report each month through November 2020;
• Inform financial institutions of procedures that allow institutions to report missed or delinquent payments in ways that minimize the impact on consumers' credit histories and credit scores; 
• Apprise financial institutions of their credit reporting obligations under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides relief for consumers; and
• Communicate with financial institutions about credit reporting that may not comply with the requirements of the CARES Act.

Ohio:

Governor Mike DeWine passed House Bill 81 providing for Workers’ Compensation coverage for post-exposure medical diagnosis services for a detention facility employee’s exposure to another person’s blood or bodily fluids.

He also announced that Ohio will borrow money to meet its unemployment obligation during the COVID-19 pandemic. The state requested $3.1 billion in borrowing authority from the U.S. Department of Labor.

Governor Mike DeWine and Lance Himes, Interim Director of the Ohio Department of Health, announced that county fairs and animal exhibitions are permitted to re-open, subject to social distancing requirements and exceptions. 

Texas:

(Bexar County): Bexar County Judge Nelson Wolff issued Executive Order NW-10 on June 17 directing businesses in Bexar County to require employees and customers to wear face coverings when social distancing is not possible. The Order states that, through the end of June, businesses in Bexar County have until Monday to start requiring face coverings "where six feet of separation is not feasible" before the businesses risk facing a fine of up to $1,000. Consistent with Governor Abbott's Executive Order GA-26, the Bexar County Order clarifies that "no civil or criminal penalty will be imposed on individuals for failure to wear a face covering."

Vermont:

Governor Scott announced several measures to gradually ease restrictions on Vermont long-term care facilities, hospitals and those over age 65.

Vermont will begin a phased reopening of long-term care facilities under newly issued guidance. Starting June 19, long-term care residential facilities can allow for up to two (2) visitors per resident, per day. The visits must be conducted outside only and adhere to guidance issued by DAIL around social distancing temperature checks, and record keeping of all visitors.

The Administration also announced an updated visitation policy for hospitals that provides guidance to health professionals, patients, and their families. The changes announced in the guidance will serve as a baseline requirement for all hospitals. Individual hospitals will develop visitation policies specific to the needs of their facilities and availability of supplies.

Lastly, Vermont residents over age 65 are no longer required to stay home. However, there is a continued need to take special precautions when leaving their home, including:

• Continue to follow all CDC and VDH guidance, including keeping six feet apart, frequently washing hands with soap and water, avoiding others when sick, and more.
• Avoid high risk areas (positive rate, trend in case rates, outbreaks).
• Whenever possible, choose outdoor activities and keep indoor contact brief.
• Minimize face to face contact while talking or while doing activities that require exertion.
• Watch the size of the room and the number of people in the room

Washington:

Governor Inslee extended Proclamation 20-45, relating to protection orders and personal service, until July 1. The original proclamation provided flexibility and relief to courts by removing certain statutory hearing deadlines and service of process requirements as it relates to protection orders, including domestic violence, sexual assault, stalking, extreme risk and other similar orders, to ensure access to justice for victims.

June 16, 2020

Arkansas:

Governor Hutchinson signed three Executive Orders on June 15, 2020 related to COVID-19:

• Executive Order 20-33 establishes immunity for businesses from civil liability for damages or injuries caused by or resulting from exposure of a person to COVID-19. It applies to all persons in the state and the person’s employees, agents, and officers, but does not extend to willful, reckless, or intentional misconduct. The immunity applies to all actions, lawsuits, or claims filed as of June 16, 2020 and is effective until the public health emergency is terminated.

• Executive Order 20-34 establishes “medical immunity” for health care workers and providers. Under this Order, health care workers and providers are authorized to use crisis standards of care to treat COVID-19 patients, and are immune from civil liability from any death, injury, or property damage alleged to have been sustained as a result of any act or omission of the provider in the course of providing COVID-19 treatment. Immunity from liability does not extend to willful, reckless, or intentional misconduct. This Order is effective until the public health emergency is terminated.

• Executive Order 20-35 addresses workers’ compensation as it concerns COVID-19. Regarding employers, the Order states that requiring an employee to perform work when the employer has knowledge that within the normal course and scope of the employee’s job exposure to COVID-19 is possible or likely is not intentional conduct that would remove the employer from the protections in the Workers’ Compensation Law. The Order establishes COVID-19 as an “occupational disease” under the Workers’ Compensation Law, and excepts COVID-19 from the prohibition on compensation for ordinary diseases of life. The Order also requires an employee to prove a causal connection between employment and COVID-19 in order to recover. The Order is effective until the public health emergency is terminated.

California:

Governor Newsom moved to extend a certain licensing and continuing education deadlines for real estate services and continue allowing food trucks to operate in roadside rest areas on Monday. Executive Order N-69-20 modifies the following licensing requirements or deadlines:

• extends the deadline for paying real estate licensing or renewal fees by an additional 60 days;
• extends continuing education requirements real estate licenses by an additional 60 days; and
• suspends for another 60 days the restriction on commercially licensed food trucks to operate and sell food in designated safety roadside rest areas.

Connecticut:

On June 16, Governor Lamont signed Executive Order No. 7ZZ enacts the following actions:

• Modifications to adapt to Phase 2 reopening efforts: In preparation for Phase 2 of Connecticut’s reopening efforts, which begins June 17, 2020, the executive order makes modifications to several previously issued executive orders to adapt to this change. This includes sectors such as hotels/lodging; indoor dining; personal services; sport and fitness facilities; amusement parks; and museums, zoos, and aquariums.
• Restrictions on large gatherings and events: Amends previously issued executive orders on large gatherings and events and permits the commissioner of the Department of Economic and Community Development to issue rules on these gatherings except for religious gatherings.
• Further clarification of limits on alcohol sales by restaurants, bars, and private clubs: Allows hotel liquor permit holders to sell liquor with pick-up and delivery services under the same rules previously issued to other liquor permit holders.
• Restrictions of off-track betting extended: Extends the prohibition of operations at of-track betting facilities through July 20, 2020.
• Extension of essential business rules: Extends the previously issued rules on essential businesses for the duration of the public health and civil preparedness emergency.
• Clarification of Executive Order No. 7MM: Clarifies that any activity permitted by the expedited approval process provided in Executive Order No. 7MM is allowed to continue throughout the public health and civil preparedness emergency, unless closed because of enforcement of existing law, permit conditions, or executive orders.
• Extension of remote notarization: Extends Executive Order No. 7QQ, Section 3 for the duration of the public health and civil preparedness emergency.

Illinois:

(Chicago): Chicago bars and breweries will reportedly be permitted to reopen outdoor seating areas on Wednesday, June 17. Since Chicago entered Phase 3 of Mayor Lightfoot’s reopening framework on June 3, restaurants and coffee shops have been permitted to open for outdoor dining, but bars and breweries were excluded from this allowance. Previously released food service industry guidelines have been amended to include guidance for bars. Under the industry specific guidelines, dining and alcohol consumption areas considered to be outdoors include rooftops, rooms with retractable roofs and indoor spaces where 50% or more of a wall can be removed via the opening of windows, doors, or panels provided that dining tables are within 8-ft from such openings. While all the industry guidelines should be carefully followed some notable guidelines include:

• Space tables 6 feet apart
• Complete and meet standards set forth in the FDA reopening checklist
• Drinking establishments with tavern licenses should provide access to food if possible
• Drinking establishments with tavern licenses should limit seating to a maximum of 2 hours to manage consumption of alcohol
• If practical, establish separate entry and exit doors to access indoor amenities (e.g., restrooms)

Mississippi:

Governor Reeves signed Executive Order No. 1497, which extends immunity from civil liability that was first granted to health care professionals and facilities in treating COVID-19 patients in Executive Order No. 1471, and later extended in Executive Order No. 1485 and 1494. This most recent extension of immunity for health care professionals and facilities is effective through July 1, 2020 unless modified, amended, or rescinded.

Missouri:

(Clay County): Clay County issued Public Health Order 06152020, which amended order 05312020, and went into effect on June 16, 2020, and will expire on July 5, 2020, at 12:01 P.M. Under this order:

• All businesses may raise their occupancy to 50% of their capacity
• Mass gatherings of 250 or less are permitted
• Neighborhood pools may operate at 50%

Nebraska:

On June 12, Governor Ricketts announced new directed health measures to go into effect June 22nd. Under these measures, most Nebraska counties (89 out of 93) will move into “Phase 3” of Nebraska’s reopening plan. Under Phase 3:

• Fan attendance at youth and school games change to the same limits as for gatherings;
• All restrictions on elective surgeries are removed;
• Bars, restaurants, bottle clubs and gentlemen’s clubs may open to 100% of occupancy, with a maximum of eight individuals per party;
• Food may be consumed at bar seating; buffets and salad bars are still prohibited;
• Childcare facilities may open with capacity limited to the following numbers:
  • Infants to 3 year olds, 15 children per room/space;
  • 3 year olds, 20 children per room/space;
  • 4-5 year old, 24 children per room/space; and
  • K-12 children, 30 children per room/space;
• Indoor gatherings will be limited to 50% of occupancy (not to exceed 10,000);
• Outdoor gatherings will be limited to 75% of occupancy (not to exceed 10,000);
• Six feet of separation between groups in gatherings moves to being a recommendation only;
• Parades, carnivals, dances, and beer gardens remain prohibited;
• Gyms, fitness centers, health clubs and health spaces will be limited to 75% of occupancy;
• Salons, barber shops, massage therapy services and tattoo parlors will be limited to 75% of occupancy; workers and patrons must still wear masks at all times; and
• Wedding and funeral reception venues will be limited to eight individuals per party, self-serve buffets and salad bars are still prohibited.

New York:

Governor Cuomo issued Executive Order 202.42, which modifies Executive Orders 202.35 and 202.38 (limiting the size gatherings to ten people) to allow gatherings of 25 or fewer individuals, for any lawful purpose or reason, provided that the location of the gathering is in a region that has reached Phase 3 of the State’s reopening, and social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to. Governor Cuomo also announced that he has directed the State Department of Health to allow midwife-led birthing centers in New York for the first time, in an effort to increase access to quality health facility options for childbirth. The directive also included the creation of a streamlined process to accept licensure applications to convert unused space in their facility to dedicated labor and delivery spaces during an emergency.

Oregon:

Governor Brown announced she will convene a Special Session of the Oregon Legislature at 8:00 am Wednesday, June 24, 2020 to take up proposed legislation to address the COVID-19 pandemic as well as police accountability. Governor Brown is calling the special session in hopes of codifying in statute several pandemic-related policies that were implemented via executive order, including the temporary eviction moratorium and protecting CARES Act payments from garnishment.

Pennsylvania:

Governor Wolf announced that The School Safety and Security Committee (SSSC) within the Pennsylvania Commission on Crime and Delinquency (PCCD) has approved the opening of two funding announcements totaling $157.5 million that school entities are immediately eligible to apply for to address COVID-19-related health and safety needs for the 2020-2021 school year. Eligible uses for the funding include the purchase of cleaning and sanitizing products; training and professional development of staff on sanitation and minimizing the spread of infectious diseases; equipment purchases; modifying existing areas to support appropriate social distancing of students and staff; providing mental health services and supports; purchasing educational technology for distance learning; and other health and safety programs, items or services necessary to address the COVID-19 disaster emergency. Per Act 30 of 2020, passed June 5, school entities are required to apply with PCCD no later than June 30, 2020, to be eligible to receive their funding by July 15, 2020. Intermediate units must apply on behalf of nonpublic schools in their area no later than July 8, 2020, in order to be eligible to receive awards no later than August 1, 2020. Governor Wolf also announced today the availability of $40 million in funding through the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act to support Pennsylvania’s dairy industry and food security programs. Specifically, $15 million will provide an opportunity for dairy farmers to receive direct relief payments and $5 million will reimburse dairy farmers who participate in the Pennsylvania Agricultural Surplus System (PASS) program by donating excess dairy product to the commonwealth’s charitable food system. Any dairy farm that experienced financial losses due to discarded or displaced milk during the COVID-19 emergency disaster may apply for assistance. Each farm with a documented loss will receive a minimum of $1,500 and an additional prorated share of the remaining funds, not to exceed the actual amount assessed by the handler. The deadline to apply for the Dairy Indemnity Program is September 30, 2020. Also, $15 million will go to the State Food Purchase Program, which provides cash grants to counties for the purchase and distribution of food to low income individuals, and $5 million will go to the PASS program to reimburse the agricultural industry for the costs involved in harvesting, processing, packaging and transporting food that they donate to the charitable food system.

Texas:

On June 11, 2020, Governor Abbott issued a proclamation renewing his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 12 and renewed on April 12 and May 13, provides the state with resources to respond to the COVID-19 pandemic. (According to Section 418.014 of the Texas Government Code, a state of disaster may not continue for more than 30 days unless renewed by the Governor.)

Virginia:

On June 12, 2020 Governor Northam announced a new way for local governments to support agriculture- and forestry-based businesses during the COVID-19 emergency through the Governor’s Agriculture and Forestry Industries Development (AFID) Fund Planning Grant program. The Virginia Department of Agriculture and Consumer Services (VDACS), which administers the AFID Planning Grant program, will expedite award decisions for applications addressing COVID-19 related challenges. Newly revised program guidelines also provide broad flexibility in the types of projects that can be supported and allow for a reduced local match requirement for economically distressed communities. Funding available through the AFID Planning Grant program is designed to empower localities to develop creative solutions tailored to their unique needs. The Governor’s AFID fund is a discretionary, performance-based economic development incentive that is specifically for agriculture and forestry value-added or processing projects. While AFID Planning Grants can fund a wide range of activities that support agriculture- and forestry-based industries, VDACS is currently encouraging localities to focus on addressing the unique problems created by COVID-19, especially the loss of market access through some traditional channels. Additional information about the AFID Planning Grant program is available here.

The Governor also announced that the Framework for Addiction Analysis and Community Transformation (FAACT), Virginia’s cross-agency, cloud-based, data-sharing and analytics platform, is expanding to help the Commonwealth mitigate the spread of COVID-19 and maintain an adequate supply of resources. FAACT combines data from a variety of state and local organizations to generate actionable insight about the contributing factors to opioid use and the most effective ways for communities to respond. Now, Virginia is using this framework to support its continued response to COVID-19. Data included within FAACT is updated frequently, in some cases, as often as every 15 minutes, to provide Virginia’s leaders with near real-time information to make critical response decisions. As a result, the Commonwealth will be able to quickly identify hospitals in need of supplies and pharmaceuticals, hospitals and regions that have surge capacity (i.e. available hospital beds and ventilators or the ability to quickly stand up an overflow hospital), and locations with the largest outbreaks of COVID-19 cases.

Washington:

Governor Inslee extended Proclamation 20-22, which waives restrictions on truck driver hour of service rules, until July 14, 2020.

June 15, 2020

Arkansas:

As the state enters Phase 2 of its reopening, the Arkansas Department of Health has provided the following guidance for resuming operations, which goes into effect on June 15, 2020:

• Gyms, fitness centers, etc. must screen all staff and participants, and staff must wear facial coverings at all times. The use of pools, spas, showers, and saunas may resume. Staff must ensure that machines and equipment are sanitized after each use, and 12-foot distance between participants is required at all times.
• All businesses, manufacturers, and construction companies must implement the following: limit the number of people who can enter the facility, mark off six-foot increments if a line may form, employees should wear facial coverings and customers will be encouraged to do so, employees should be screened for COVID-19 and related symptoms, businesses must provide hand sanitizer or disinfectant at the entrance, required regular cleaning of high-touch surfaces, signs advising the public not to enter if they feel ill, and required reporting of all employees who are diagnosed with COVID-19 to the Arkansas Department of Health.
• Restaurants: Seating is permitted up to 66% of the total capacity, and must be adjusted to maintain six feet between occupied seats at adjacent tales. All other requirements from Phase 1 are still in effect.
• Bars and clubs: Service at bars resumed on May 26, but seating may now increase up to 66% of the total capacity, and must be adjusted to maintain six feet between occupied seats at adjacent tables. All other requirements from Phase 1 are still in effect.
• Barber shops, salons, body art establishments, cosmetology establishments, etc. may resume attending walk-in clients as well as those scheduled by appointment. Clients must be pre-screened for COVID-19 symptoms. Occupancy can be greater than 10 people, but six feet of distance shall be maintained. Larger facilities may operate up to 66% total capacity. All employees shall wear facial coverings, and clients should wear them as services permit. Practitioners must maintain a record of name, date, and contact information for each client serviced for contact tracing purposes.
• Large indoor venues may increase the capacity allowed in the venue so long as the following limitations/requirements are followed: occupancy shall be limited to 66% of the total capacity, 100 people or fewer in attendance are allowed without a requirement to submit a plan, performers must be separated from the audience by at least 12 feet and are limited to 50 or fewer, lines and seating shall be marked off to arrange for 6-feet of distance between those who attend, every other row shall be unoccupied, facial coverings are required for all persons unless they are 10 years-old or younger (except performers if they maintain a 12-foot distance from other people), COVID-19 educational signs must be posted at entrances, and self-service concessions are not permitted. The facility must be cleaned and disinfected before and after each use. Large outdoor venues are under the same limitations.
• Dental procedures may resume if strict requirements are followed.
• Casinos may increase capacity up to 66% of the total capacity. They must track attendees for use in contact tracing and screen customers and employees upon entrance. Six feet of physical distance between people is required, including in lines and seating/tables. Facial coverings for all those present are required.

California:

The State set a June 19, 2020 deadline for re-opening personal-care services over the weekend. Although individual counties may delay re-opening personal-care services—nail salons, tattoo parlors, and body waxing—the State is now recommending that these services may resume operations on June 19.

As with the State’s phased re-opening of other economic sectors, those businesses are strongly encouraged to implement the State’s industry-specific guidance. In addition to providing recommendations for risk assessments, training, and disinfection and distancing protocols, the guidance provides a detailed list of measures for the following businesses: (1) esthetician, skin care, and cosmetology; (2) electrology services; (3) nail salons; (4) tattoo and body art services; and (5) massage services.

Colorado:

Governor Polis implemented new measures over the weekend to mitigate the pandemic’s economic fallout on tenants. Landlords and lenders now face additional restrictions on their ability to evict or impose penalties on tenants for the non-payment of rent under Executive Order D 2020 101. Landlords must provide a tenant 30-days notice—instead of the statutory 10 days—of any nonpayment default before taking any action to regain possession of the property. Further, landlords and lenders are prohibited from charging any late fees or penalties for any breach of a lease or rental agreement for any nonpayments occurring between May 1, 2020, through June 13, 2020. The order expires on July 13, 2020.

The State took additional action over the weekend to enable counties to temporarily suspend delinquent interest payments for property taxes. Under HB20-1421, which was signed by Governor Polis on Sunday, counties may reduce, suspend, or altogether waive these delinquent payments. The legislation does not contain a termination date for the authority provided to the counties.

Hawaii:

(Hawaii County): Governor Ige approved Mayor Kim’s Emergency Rule No. 8, which permits the reopening of all business, operations, and activities (subject to conditions), with the exception of bars, nightclubs, public swimming pools, road races, and large indoor/outdoor venues, which remain closed. The Rule takes effect on June 15, 2020, and continues through July 31, 2020.

Illinois:

(Chicago): Chicago Public Health Commissioner Dr. Allison Arwady announced that Chicago is on track to move into the next phase of reopening on July 1. While Illinois is subject to Governor Pritzker’s Restore Illinois Plan, Mayor Lightfoot has instituted her own Chicago specific reopening framework. At this time, Illinois will assumedly move into Phase 4 of Governor Pritzker’s plan on June 26, with Chicago entering Phase 4 of Governor Pritzker’s and Mayor Lightfoot’s respective plans on July 1.

Kansas:

On June 12, Governor Kelly signed Executive Order No. 20-45, which extended conditional and temporary relief from certain motor carrier rules and regulations. Specifically, the order

• lifts certain weight restrictions and permitting requirements for motor carriers participating in COVID-19 response efforts, to allow needed medical supplies, food shipments and other items to move through Kansas;
• suspends registration and fuel tax permits for motor carriers and persons operating commercial vehicles actively participating in COVID-19 response efforts;
• waives fees associated with over-dimension/overweight permits (although the permits must still be obtained); and
• supersedes any contrary local health department order.

These measures remain in force until July 14, 2020, or until the State of Disaster Emergency expires, whichever is earlier.

Mississippi:

Governor Reeves announced the creation of the Back to Business Mississippi program, which is a grant program for small businesses in Mississippi. Qualifying businesses with 50 or fewer employees could receive up to $25,000 depending on their pandemic-related expenses. Eligible expenses include mortgage interest, rent, payroll, utilities, and other pandemic-related expenses.

Missouri:

(St. Louis City): St. Louis City issued a Health Commissioner Order No. 10, which took effect on June 10, 2020, modifies Order No. 9, and remains in effect until rescinded or amended. This order allows large venues to increase their capacity to the following:

• 50% beginning June 22
• 75% beginning July 6
• 100% beginning July 20

(City of Springfield): The City of Springfield announced phase 3 reopening which became effective June 15, 2020, and will remain in effect until 12:01 AM, July 15, 2020. Under this order:

• Personal care services may increase their capacity to 30 times 50% of the square feet devoted to providing service
• Non-essential retail establishments may increase their capacity to 30 times 50% of the square feet devoted to providing service
• Restaurants, bars, nightclubs, and breweries may increase their capacity to whichever of the following is greater:
  • 35 customers, or
  • 30 times 50% of the square feet devoted to providing service
  • Counter seating and self-serve buffets are still prohibited
• Group entertainment may also open, but must limit their capacity:
  • For indoor entertainment to whichever of the following is greater:
    • 35 customers,
    • 30 times 50% of the square feet devoted to entertaining, or
    • 50% of the total occupancy of fixed seating, and
  • For outdoor entertainment to whichever of the following is greater:
    • 35 customers,
    • 30 times 50% of the square feet devoted to entertaining
• Gyms and fitness centers must limit their capacity to whichever of the following is greater:
  • 35 customers, or
  • 30 times 50% of the square feet devoted to entertaining

Nebraska:

On June 12, Governor Ricketts hosted a press conference to provide updates on several new grant programs, which will utilize federal coronavirus relief dollars. The programs will be administered by the Nebraska Department of Economic Development along with the Department of Labor and Agriculture. Each addresses a specific need, as follows:

• The Small Business Stabilization Grant Program will provide grants to small businesses with 5-49 employees who were impacted by the coronavirus and meet certain eligibility requirements.
• The Livestock Producer Stabilization Grant Program will provide grants to eligible livestock producers with 1-10 employees who have endured revenue or employment loss due to the pandemic.
• The Workforce Retraining Initiative will provide funds to all of the State’s community colleges for scholarships and workforce training enhancements.
• The Nebraska Broadband Grant Program will result in new internet connectivity in communities where work-from-home, tele-education, and telehealth opportunities have been limited due to inadequate or non-existent high-speed internet service.
• The Gallup Back to Business Learning Journey will fund admission to a Gallup-led leadership training course for a total of 75-100 leaders from eligible small businesses.

A website has been created which provides more detail, including application instructions.

New Hampshire:

On June 11, Governor Sununu announced plans to let New Hampshire's current stay-at-home order expire on June 15 and transition to a "safer at home advisory." The move on June 15 means several sectors of the economy can reopen and the cap on scheduled gatherings of 10 or less will be removed. Among the businesses that could reopen on June 15 are gyms, pools, road races, funeral homes, tourist trains and charitable gaming — each with restrictions and guidelines. A complete list of businesses that can begin reopening (and related restrictions and guidelines) can be found here.

Besides lifting the stay-at-home order and business reopening, Governor Sununu issued an order lifting a current moratorium on rental evictions and housing mortgage foreclosures.

New Mexico:

Effective June 15, breweries were permitted to resume indoor and outdoor operations under the New Mexico Department of Health’s revised Public Health Order, issued late last Friday. The order, which excludes bars, permits breweries to resume outdoor and indoor operations, subject to the State’s COVID-Safe Practices standards for restaurants and the following restrictions:

• indoor and outdoor occupancy is limited to 50% of the maximum occupancy permitted by fire code;
• ensure that there is at least six feet of distance between tables;
• limit patrons to six at any single table;
• no bar or counter seating is permitted; and
• all patrons must be seated at tables.

The order remains in effect until June 30, 2020.

Ohio:

Governor Mike DeWine, Lt. Governor Jon Husted, and Dr. Amy Acton, MD, MPH, announced that Ohio is expanding testing and encouraged those who want a COVID-19 test, including those who are low-risk or asymptomatic, to talk with their health care provider or contact a testing location to arrange a test. Governor DeWine also announced a series of "pop-up" testing locations, beginning with six locations in Columbus. These temporary testing sites will be available all over the state, including in Cincinnati, Cleveland, Portsmouth, Dayton, Xenia, Columbiana, Akron, and other locations.

Lt. Governor Husted also announced that the Ohio Department of Job and Family Services (ODJFS) will receive an $8.5 million federal Employment Recovery National Dislocated Worker Grant to help reemploy individuals who lost their jobs as a result of the COVID-19 pandemic and to help employers rebuild their workforces.

Oklahoma:

Under Governor Stitt’s Amended Executive Order nursing homes, long-term care facilities, and retirement homes were permitted to reopen on June 15, 2020, for visitation, outings, group meals and communal dining in accordance with guidance issued by the Oklahoma State Department of Health.

Oregon:

Governor Brown announced a one-week statewide pause on pending county reopen applications. A noticeable increase in COVID-19 infections occurred over the last week. In order to ensure that the virus does not spread too quickly, the Governor announced that a pause on reopening is necessary. Current county reopening statuses are available on the state’s coronavirus page.

Pennsylvania:

Governor Wolf announced that 12 additional counties—including Adams, Beaver, Carbon, Columbia, Cumberland, Juniata, Mifflin, Northumberland, Union, Wayne, Wyoming and York counties—will be moving to Green Phase effective June 12, 2020. Eight additional counties—including Dauphin, Franklin, Huntingdon, Luzerne, Monroe, Perry, Pike, and Schuylkill counties—will be entering Green Phase at midnight on Friday, June 19. Green Phase eases most restrictions by lifting the stay-at-home and business closure orders to allow the economy to strategically reopen while continuing to prioritize public health. Some restrictions, such as mask-wearing, do remain in place. As of today, there are 46 counties in Green Phase and 12 counties in Yellow Phase.

South Carolina:

Governor McMasters issued Executive Order 2020-40 on June 11, 2020 that continues the state of emergency in South Carolina for another fifteen days. All South Carolina public schools shall remain closed, but they are encouraged to continue to distance learning. All emergency dispatchers are authorized to ask callers whether anyone in the caller’s house has tested positive for COVID-19. Additionally, all transportation waivers that were created in response to COVID-19 (e.g., for commercial vehicles and operators of commercial vehicles) are still in effect.

Finally, gatherings of more than 50 people are allowed – this was done by amending Executive Order 2020-10 (as extended by Executive Order 2020-38) to delete Section 5. Section 5 prohibited all events or public gatherings of fifty or more people in a single area (indoor or outdoor).

Texas:

(City of Austin): On June 15, Austin Mayor Steve Adler issued Order No. 20200615-013 (the “Order”), which extends the City’s social distancing and other requirements through August 15. Mayor Adler extended the Order since, as it stated, “the seven-day average rate of hospitalizations has exceed 20 per day, putting Travis County into Stage 4 emergency status, and the number of new cases confirmed daily continues to show an upward trajectory and is expected by the local Health Authority to continue rising.” Under the Order, socializing in groups of more than 10 individuals is prohibited, subject to certain exceptions, and other social distancing measures are also required.

Consistent with Governor Abbott’s executive orders, the Order does not impose a civil or criminal penalty for failure to wear a face covering. Under the Order, all deadlines and expiration dates for City of Austin site plans, subdivisions, zoning, building permits, and similar development applications or permits are extended until August 15, or the date they would have normally expired, whichever is later. The Order also imposes extra requirements for construction work sites.

(Travis County): On June 12, Travis County Judge Sam Biscoe issued Order No. 2020097196, which is similar to the City of Austin order dated June 15. As with the City of Austin order, the County Order requires the continuation of social distancing and other preventative measures through August 15.

Utah:

On June 12, 2020, Governor Herbert issued an Executive Order moving Kane County to the New Normal Health Risk Status (or Green) as well as Bluff and Mexican Hat to the Low Health Risk Status (or Yellow). Salt Lake City will remain in Orange. Along with these changes the Governor has adopted updated guidelines for areas in the Low and New Normal health risk designation. The order, in effect until 11:59 p.m. June 26, 2020, rescinds and replaces Executive Order 2020-30 and specifically addresses updated guidelines pertaining to high-risk individuals, gatherings, businesses, education and events as follows:

• The Utah COVID-19 Public Health Risk Status is:
  • Orange (Moderate Risk) in Salt Lake City;
  • Green (Normal Risk) in Kane County; and
  • Yellow (Low Risk) in each area of the State not identified as Green or Orange.
• All individuals and businesses shall comply with the appropriate risk provisions of the Phased Guidelines that apply to the area in which they are located.
• Any reference in the Phased Guidelines to the use of a mask or face covering is adopted as
  • an order for (i) individuals acting in the capacity of an employee of a business when the individual is unable to maintain a distance of 6 ft from another individual, and (ii) each individual in a healthcare setting; and
  • as strong recommendation for any individual not identified in the immediate preceding provision.
• A political subdivision desiring an exception to this Order or the Phase Guidelines or desiring to move to Green (Normal Risk) shall submit the request and justification for the request through the applicable Local Health Department to the Utah Department of Health.

Vermont:

Governor Scott extended Vermont’s state of emergency declaration until July 15. Under the declaration, the state will see an eased process for receiving aid at a state and municipal level. It also allows state officials to put forward additional public health regulations or remove those already in place.

Virginia:

On June 15, 2020, Governor Northam announced nearly $15 million for a new program (Economic Resilience and Recovery Program) designed to respond to some of the economic effects of the COVID-19 pandemic. The GO Virginia Board approved a policy to implement the new program with up to $14.66 million in GO Virginia funds, with each GO Virginia regional council able to apply for up to $1 million to support strategic initiatives in response to the economic conditions caused by the COVID-19 pandemic.

Applications will be accepted through the nine GO Virginia Regional Councils, which you can learn more about here. The following four projects have been administratively approved through the new Economic Resilience and Recovery Program, totaling $341,800:

• GO Virginia Region 2 and the Office of the Vice President for Health Sciences and Technology at Virginia Tech will receive $100,000 for Rapid High-Throughput COVID-19 Testing project. The project will deliver timely COVID-19 test results to the New River Valley and Roanoke health districts with a projected 1,000 test samples analyzed per day.
• GO Virginia Region 2 and the Roanoke-Blacksburg Technology Council will receive $97,200 to offer virtual education, mentoring, and business assistance programming to companies throughout the region.
• GO Virginia Region 3 will receive $75,000 for a critical drone test delivery project to assess the efficacy and safety of increased last-mile delivery of COVID-19 medical supplies, tests, and equipment by commercial drones.
• GO Virginia Region 7 will receive $69,600 for the Back to Work Website and Information Program, which will create a “one-stop shop” for businesses in the region. This project is a partnership between the Northern Virginia Chamber of Commerce and the Northern Virginia Economic Development Alliance, and will be guided by the newly formed Back to Work Leadership Task Force.

Washington:

Governor Inslee issued guidance for casino card rooms and other related businesses (memo and requirements) in Phase 2. The guidance includes industry specific requirements relating to social distancing, floor plan configuration, temperature screening, and hand sanitizer.

West Virginia:

On June 11, Governor Justice announced that plans continue to be made to transition State employees back into government office buildings subject to following certain safety guidelines.

June 11, 2020

Alaska:

Physicians and healthcare workers across the state signed a letter to Governor Dunleavy, urging him to mandate the wearing of masks in businesses where social distancing is difficult to maintain. The state is experiencing a sharp increase in COVID-19 cases, and currently masks are not mandated but are only recommended.

Colorado:

The City and County of Denver has created a temporary program to allow restaurants, cafes, and similar businesses to expand their operations to include outdoor dining and alcohol sales. The City’s Temporary Outdoor Expansions for Restaurants and Bars program (“Program”) establishes eligibility requirements, the application process, and the potential scope of these outdoor expansions. The Program is set to expire on September 7, 2020.

Under the Program, the following businesses are eligible for outdoor expansion: restaurants, cafes, fast food outlets, coffee shops, bars, taverns, brew pubs, breweries, microbreweries, distillery pubs, wineries, tasting rooms, and other similar places of public accommodation offering food, beverages, or alcoholic beverages for on-premises consumption.

The outdoor expansions may encompass private property and public rights of way, including sidewalks, street parking spaces, and possibly closing select streets. To obtain access to these outdoor areas, a business must submit an application (application form found here) and obtain any necessary permits for temporary furnishings—fences, patio coverings, and electrical work—or railings to be used in the outdoor space. Further, any expansions onto public rights of way will require an inspection to consider any impacts on safety, mobility in and around the proposed expansion, and emergency access.

The Program also limits the use of any outdoor expansion to sit-down dining or customer pick-up and carry-out services. Businesses cannot allow standing areas for customers, live music, outdoor games, loudspeaker-call systems, pets, or music over speakers. In addition, businesses are not permitted to share an outdoor expansion with another business.

Any business interested in an outdoor expansion should review the Program for additional information concerning the application and permitting processes.

Delaware:

On June 11, Delaware nursing homes and hospitals requested Governor Carney to grant them immunity from lawsuits related to the coronavirus pandemic. If Governor Carney signs an executive order granting such immunity, it could leave little legal recourse for families and patients who feel they have been wronged by these providers, experts and advocates said.

Florida:

Governor DeSantis and Education Commissioner Richard Corcoran announced a detailed plan to reopen Florida’s K-12 schools in the fall at “full capacity.” Whether to reopen will be a “locally driven decision.”

Hawaii:

Governor Ige issued a Ninth Supplementary Proclamation which extends the disaster relief period through July 31, 2020, and amends and restates all prior proclamations and executive orders, including the eviction moratorium. The Proclamation differs from prior orders in that it omits the stay-at-home requirements and provisions regarding prohibited activities, beach closures, boating restrictions, hiking restrictions, and shore fishing limitations. The Proclamation further recommends safe practices, such as the use of cloth face coverings and physical distancing.

The 14-day self-quarantine requirement for travelers entering the state (except those who entered by recreational boats, have been at sea for at least 14 consecutive days, and are not ill or exhibiting COVID-19 symptoms), remains in place. Persons entering the state to perform critical infrastructure functions, as defined by the Proclamation, may break quarantine to perform those functions if they wear appropriate protective gear and follow safe practices, but are otherwise subject to the self-quarantine requirement. The Proclamation further provides that the self-quarantine requirement for inter-island travelers expires at 12:01 am on June 16, 2020.

The Proclamation imposes new requirements and duties on all hosts, including individuals, partnerships, corporations, company associations, or any person, group, or entity that owns, rents, or leases a designated quarantine location. Hosts are now required to ascertain the self-quarantine period for all guests and determine whether each guest remains confined in the designated quarantine location. A host violates the Proclamation if they intentionally, knowingly, or recklessly fail to notify law enforcement if a guest subject to the self-quarantine order does not remain in their designated quarantine location. The Proclamation reiterates the earlier prohibition precluding travelers subject to the self-quarantine requirement from renting vehicles, but adds additional duties for persons who provide motor vehicles through peer-to-peer carsharing services, such as Turo and Zipcar. Such persons have a duty to determine whether the person seeking to obtain the vehicle is subject to a self-quarantine and is attempting to obtain the vehicle during the self-quarantine period. It is a violation of the Proclamation to intentionally, knowingly, or recklessly provide a vehicle to a person subject to the self-quarantine requirement through a car sharing service.

(Kauai): Governor Ige approved Major Derek Kawakami’s request to reopen, with conditions, bars, bar top services, short term rentals, transient vacations rentals, and homestay operations, effective June 16, 2020. Governor Ige also concurred with the repeal, effective June 15, 2020, Mayor Kawakami’s Emergency Rule #9 (and any subsequent amendments), which imposed self-quarantine restrictions on certain persons traveling to the County of Kauai.

Idaho:

Governor Little issue Executive Order No. 2020-11 relating to the Idaho Department of Labor. This order supersedes a number of provisions in Executive Order No. 2020-04, including:

• Provisions of the Employment Security Law, Sections 72-1301 et seq., Idaho Code, that would require denial of unemployment benefits, or findings of willful misrepresentation on the sole basis that the claimant entered an incorrect reason for separation when applying for benefits, are waived or suspended in situations where the separation occurred because of the direction of a medical professional, local health authority, employer, or state or local government, that the claimant be isolated or quarantined as a consequence of COVID-19, even if not actually diagnosed with COVID-19.
• During this state of emergency, including extensions, or until December 31, 2020, whichever date first occurs, the one-week waiting period in the Employment Security Law shall be suspended for claimants making application for unemployment benefits on or after March 8, 2020, who otherwise meet the personal eligibility requirements of the Employment Security Law, and whose separation from employment occurs during the state of emergency declared pursuant to an emergency proclamation.
• Claimants who become unemployed because of their quarantine or isolation related to COVID-19 at the direction of their medical professional, local health authority, employer, or state or local government, during such period of quarantine or isolation, shall be considered unemployed through no fault of their own.
• During this state of emergency, including extensions, any benefit paid on unemployment claims described in Paragraphs 01 (a)(h) —(iv) above shall not be charged to the experience rating account of the employer who otherwise would have been charged.
• These suspensions are not blanket waivers of these requirements, but suspensions to provide Unemployment Compensation to those individuals who were laid off because of COVID-19 with the intent to return to their employer; individuals who were quarantined due to my March 25, 2020, order with the intent to return to their employer; individuals who were quarantined by a medical provider or my March 25, 2020, order due to a reasonable risk of exposure or infection; or individuals who were caring for a family member due to a reasonable risk of exposure or infection.

On June 11, 2020, the Governor also issued a Proclamation concerning the current state of emergency in the State of Idaho. The Proclamation, amongst other things, does the following:

• Rescinds the Extreme Emergency Declaration dated March 25, 2020.
• States the implementation of the plans and procedures of the State of Idaho Emergency Operations Plan is to continue.
• Suspends the following portion of section 74-203(5) of the Idaho Code until 11:59pm on June 26, 2020:
  • provided, however, that at least one (1) member of the governing body, or the director of the public agency, or the chief administrative officer of the public agency shall be physically present at the location designated in the meeting notice, as required under Section 74-204, Idaho Code, to ensure that the public may attend such meeting in person.
  • This suspension applies to the requirements (i) of having at least one member of the governing body or director physically present at the designated location; and (ii) of allowing the public to attend a meeting in person.
• Suspends the state income tax filing deadline for all Idaho taxpayer set in Section 63-3032 and 63-3034 of the Idaho Code until June 15, 2020.
• The deadline to apply for the Property Tax Reduction, Property Tax Deferral, and 100% Service-connected Disabled Veteran Benefit programs set out in Section 63-706, Idaho Code, is suspended until June 15, 2020.
• Relating to the Idaho Rebound Cash Grants established by Executive Order 2020-08 and Executive Order 2020-08-A:
  • The Governor directs the Director of the Department of Commerce to oversee the continuation of the Idaho Rebound Cash Grants pursuant to Section 67-4703, Idaho Code.
  • The Idaho State Tax Commission shall administer and distribute the funds in account 0345 for the Idaho Rebound grant program pursuant to Sections 46- 1008(5)(c), 67-4703 and 67-3516(2), Idaho Code. In the instance in which more applications are received than resources are available, the Tax Commission shall use a lottery system to select award recipients.
  • Executive Order 2020-08 and Executive Order 2020-08-A remain in effect, and are incorporated herein, to the extent consistent with this Proclamation.

On June 11, 2020, the Governor announced that the state met the criteria to enter the final stage of the Idaho Rebounds plan. On Saturday, 100-percent of businesses will be able to open their doors as we enter Stage 4 of our Idaho Rebounds plan. That means:

• Visits to senior living facilities and other congregate facilities can resume, under strict protocols to protect residents and workers.
• Nightclubs may operate with precautionary measures in place.
• Large venues such as sporting events can operate under protocols including physical distancing.
• Employers can resume unrestricted staffing of worksites, but should practice physical distancing, personal protections and sanitation for protection of workers, and continue to encourage telework when feasible. Special accommodations for individuals at higher risk for severe illness should be made.
• Travel can continue to locations that have no significant ongoing virus transmission.
• Gatherings of any size can occur as long as physical distancing and precautionary measures can occur.

Illinois:

Governor Pritzker announced that while Illinois is on track to move into Phase 4 of his Restore Illinois Plan it will not do so before June 26. The following factors will determine whether Illinois will move into Phase 4:

• Cases and Capacity: The determination of moving from Phase 3 to Phase 4 will be driven by the COVID-19 positivity rate in each region and measures of maintaining regional hospital surge capacity.
  • At or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day period, AND
  • No overall increase (i.e. stability or decrease) in hospital admissions for COVID-19-like illness for 28 days, AND
  • Available surge capacity of at least 14 percent of ICU beds, medical and surgical beds, and ventilators
• Testing: Testing available in region regardless of symptoms or risk factors
• Tracing: Begin contact tracing and monitoring within 24 hours of diagnosis for more than 90% of cases in region

Illinois’ progression into Phase 4 will bring the following changes:

• Gatherings: Gatherings of 50 people or fewer are allowed with this limit subject to change based on latest data and guidance
• Travel: Travel should follow IDPH and CDC approved guidance
• Health care: All health care providers are open
• Education and child care: P-12 schools, higher education, all summer programs, and child care open with IDPH approved safety guidance
• Outdoor Recreation: All outdoor recreation allowed
• Businesses:
  • Manufacturing: All manufacturing open with IDPH approved safety guidance
  • “Non-essential” businesses: All employees return to work with IDPH approved safety guidance; Employers are encouraged to provide accommodations for COVID-19-vulnerable employees
  • Bars and restaurants: Open with capacity limits and IDPH approved safety guidance
  • Personal care services and health clubs: All barbershops, salons, spas and health and fitness clubs open with capacity limits and IDPH approved safety guidance
  • Entertainment: Cinema and theaters open with capacity limits and IDPH approved safety guidance
  • Retail: Open with capacity limits and IDPH approved safety guidance

True of each Phase, there is no guarantee that Illinois will remain in Phase 4. The IDPH will recommend Illinois’ return to a previous phase based on the following factors:

• Sustained rise in positivity rate
• Sustained increase in hospital admissions for COVID-19 like illness
• Reduction in hospital capacity threatening surge capabilities
• Significant outbreak in the region that threatens the health of the region

(Chicago): Chicago cannot enter phase 4 of Mayor Lightfoot’s reopening framework prior to Illinois’ movement into Phase 4 of Governor Pritzker’s Restore Illinois Plan. However, Mayor Lightfoot can delay Chicago’s progression under the respective reopening plans. It is unclear at this time whether Chicago will progress into Phase 4 of Governor Pritzker’s Plan with the rest of Illinois on June 26.

Maryland:

Governor Hogan announced further loosening of COVID-19 restrictions on businesses in Maryland. Starting at 5pm on Friday, June 12th, indoor restaurants may open with limited capacity and social distancing requirements. In addition, starting June 19th, indoor fitness centers, gyms, spas, and similar studios can reopen at 50% capacity. On that date, casinos, arcades, and malls can also reopen with certain measures in place. However, all of these reopenings are subject to the discretion of local jurisdictions, which may opt out. The Governor formally issued an order confirming the same, which can be accessed here.

Mississippi:

Governor Reeves enacted Executive Order 1496, which extends the Safe Return Order to June 29, 2020. Under EO 1496, bars and restaurants no longer have a 10:00 p.m. curfew, fitness centers/gyms may increase capacity to 50%, reception halls and conference centers are permitted to remain open under limitations, and outdoor arenas are permitted to remain open at 25% capacity as long as good faith measures to prevent COVID-19 are adopted, while concession stands must remain closed.

Executive Order 1495 was also enacted on June 11, 2020. It rescinds provisions from prior Executive Orders which authorized the board of supervisors of any county, the governing authority of any municipality, and any local school board to grant certain employees administrative leave with pay to prevent the risk of transmission of COVID-19. All leave granted to employees after the normal resumption of business operations on or before July 1, 2020 shall be in accordance with federal and state laws and regulations.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued guidance for banquet and conference centers, which will be permitted to reopen on June 15th.

Nevada:

Governor Steve Sisolak announced that on June 11, 2020, local governments may permit the usage of outdoor fields and facilities for sports without spectators but usage must not result in a gathering of 50 or more people. Sports that involve contact may resume only on a limited basis for athletic conditioning.

New York:

Governor Cuomo announced that five additional regions, Central New York, Finger Lakes, Mohawk Valley, North Country and Southern Tier - will enter phase three of reopening tomorrow, June 12th. The team of global public health experts advising New York State on its reopening strategy has thoroughly reviewed the data for the five regions and cleared them to enter phase three. Phase three allows indoor restaurant and food services and personal care services to resume. Each industry is subject to specific state guidelines to maximize safety and social distancing. Governor Cuomo also announced that localities will be allowed to open public pools and playgrounds at their discretion today, June 11, while following state guidance.

Texas:

(Austin): At a press conference, Austin Mayor Steve Adler said Austin’s Stay Home – Work Safe Order (Order No. 20200529-012), which includes a mandate to wear face coverings in public, would likely be extended before its expiration on June 15.

Washington:

Governor Inslee issued guidance for domestic services, such as nannies and housecleaners, in Phase 2 (memo and requirements) and expanded guidance for certain recreational activities, like golf, miniature golf, pools, and gymnasiums (modified memo and requirements).

West Virginia:

On June 10, Governor Justice announced a multi-phased plan to resume visitation at West Virginia nursing homes. The plan stipulates that, beginning June 17, if a nursing home has had no active COVID-19 cases for at least 14 days, visitations will be permitted to resume, with certain restrictions in place.

On June 10, Governor Justice announced that the West Virginia Board of Education and State Superintendent of Schools have released guidance for counties to begin hosting in-person graduation ceremonies beginning June 22.

On June 10, Governor Justice announced that all outdoor, open-air concerts will be permitted to resume, following strict safety guidelines, beginning July 1.

June 10, 2020

Arkansas:

Governor Hutchinson announced that the state will be moving into Phase 2 of reopening beginning on June 15, 2020. Under Phase 2, social distancing and facial coverings are still recommended, and restaurants and businesses will be allowed to operate at two-thirds capacity, as opposed to the one-third capacity allowed during Phase 1.

California:

Governor Newsom will allow a number of additional businesses to resume full or limited operation on June 12. The businesses include movie theaters, restaurants and bars, museums, gyms and fitness centers, hotels (for tourism and individual travel), cardrooms, and campgrounds.

To re-open, these businesses are strongly encouraged to implement the State’s industry-specific guidance, while also ensuring compliance with applicable county restrictions. Counties continue to possess the authority impose tighter restrictions than those implemented statewide.

The guidance documents for each business category contain the following overarching recommendations: (1) perform a detailed risk assessment and implement a site-specific protection plan; (2) train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms; (3) implement individual control measures and screenings; (4) implement disinfecting protocols; and (5) implement physical distancing guidelines. The guidance documents also outline detailed, industry-specific measures for implementing each of those recommendations.

Below are the links to guidance documents for the businesses permitted to resume operations on June 12:

• movie theaters and family entertainment centers;
• restaurants, wineries, and bars;
• zoos and museums;
• gyms and fitness centers;
• hotels (for tourism and individual travel) and short-term rentals;
• cardrooms and racetracks; and
• campgrounds and outdoor recreation.

Businesses, of course, must pay particular attention to the restrictions imposed by the individual counties in which they conduct operations. Seven counties, for example, have yet to move in the State’s “Expanded Stage 2,” which includes much of the San Francisco Bay Area.

Iowa:

Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency. The proclamation, effective at 8:00 a.m. June 12, 2020, continues to ease restrictions on businesses and extends other public measures until June 25, 2020.

Specifically, the proclamation lifts the 50% capacity limit currently in place and retains the requirements of six feet social distancing for certain businesses like restaurants, bars and theaters. Establishments must implement reasonable measures to ensure social distancing, increased hygiene practices and other public health measures to reduce the risk of transmission of COVID-19. Consistent with the guidance that's been provided by the Department of Public Health, swimming pools, senior centers, and adult daycare programs may open if they comply with specific guidance issued by the Department of Public Health.

Kansas:

On June 9, Governor Kelly signed a COVID-19 response bill, House Bill 2016, into law. The bill codifies several of Governor Kelly’s previous executive orders, and most notably, extends the current emergency declaration through September 15, 2020. Executive orders codified by the Bill include the allowance of expanded telemedicine, temporary licensure of out-of-state medical providers, electronic notarization of documents, and certain liquor sales.

Nevada:

Governor Steve Sisolak announced that on June 10, 2020, Nevada schools may re-open for various purposes but must ensure occupancy of less than 50% of the listed fire code of a single space.

New Jersey:

Governor Murphy signed two executive orders, No. 152 and No. 153 on June 9, 2020.

Under Executive Order No. 152, effective immediately, indoor gatherings are limited to 25 percent of the capacity of the room, or 10 people, whichever is greater. But, regardless of the room's capacity, shall never exceed 50 people. All attendees at the gathering must wear face coverings, unless for a medical reason or if the individual is under 2 years old, individuals must remain six feet apart at all times, and physical items may not be shared by multiple attendees of the same gathering unless sanitized before and after uses.

Outdoor gatherings are limited to 100 people, and attendees are required to be six feet apart. Individuals should wear face coverings at all times where social distancing measures are difficult to maintain, and individuals who are in vehicles shall not count towards the gathering limit.

Under Executive Order No. 153, outdoor swimming pools can open effective at 6:00 a.m. on Monday, June 22, provided that they comply with standards and policies that will be issued by the Department of Health. Pool facilities may open for the purpose of lifeguard training and lifeguard swimming lessons prior to June 22. Additionally, outdoor recreational and entertainment businesses are permitted to reopen immediately, with the exception of amusement parks, water parks, and arcades. These recreational and entertainment businesses are required to abide by a number of social distancing protocols that are specified in the Order.

Any type of event at an outdoor recreational or entertainment business that involves individuals there at a specific time for a common reason, such as a movie or concert, are subject to the restrictions on outdoor gatherings. Public and private social clubs are permitted to reopen their outdoor spaces, provided they comply with all applicable terms of the Order. And nothing in the Order prevents a business from operating an amusement game outdoors, such as a game on a boardwalk, so long as the game does not take place in an amusement park and an employee is present and adheres to all of the requirements in of the Order.

Paragraph 2 of Executive Order No. 107, which requires New Jersey residents to remain home with limited exceptions, is formally rescinded. The other provisions of that Order, including the requirement that businesses or non-profits accommodate their workforce for telework or work-from-home arrangements, wherever practicable, are still in effect.

New York:

Governor Cuomo issued Executive Order No. 202.39 on Wednesday, June 10. The Order modifies Executive Order 202.30 to the extent that the operator and administrator of all nursing homes and all adult care facilities, which are located in regions that have reached Phase Two of reopening, must test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, once per week.

The Order also modifies the education law to the extent necessary to provide that, in the event that the original budget proposed by a school district is not approved by the voters at an election held on June 9, 2020, pursuant to Executive Order 202.26, any resubmission to the voters of the original or revised budget shall be conducted at a date and by a process determined by a future Executive Order, and mandating that the revote shall not occur prior to July 9, 2020.

Oregon:

Governor Brown announced that she will organize a Healthy Schools Reopening Council to advise her and the Oregon Department of Education during the Ready Schools, Safe Learners K-12 schools reopening process. The council will include elected officials, education community representatives, health representatives, and members of the public, with a focus on ensuring that a wide and diverse range of community voices are represented.

The council, which will meet over the next several months as districts develop their plans, and periodically during the school year, will be charged with:

• Giving feedback on equitable policies and practices for a safe return to school.
• Informing additional guidance from ODE developed over the summer to help school districts implement their back-to-school plans.
• Receiving updates on school district plans and implementation.
• Reviewing COVID-19 status reports and evaluating outbreak management during the school year.

Pennsylvania:

On Tuesday, June 9, Pennsylvania’s General Assembly passed a concurrent resolution directing Governor Wolf to issue a proclamation or executive order ending his issuance of the March 6 COVID-19 Disaster Emergency, which was renewed on June 3. The Assembly contends that Governor Wolf has no ability to veto the resolution. Wolf’s office declared that the power to terminate the disaster emergency lies solely with the Governor.

Governor Wolf issued a statement that any concurrent resolution needs to come to the Governor for approval or disapproval and distinguishing the disaster declaration from the orders signed by Secretary of Health Dr. Rachel Levine under the Disease Prevention Act that include provisions for business reopening and for worker and building safety, insisting that those orders remain in place and that the legislature did nothing to end them.

Texas:

(Harris County): Harris County’s Fourth Amended Stay Home, Work Safe Order expired on June 10, 2020. A representative of Harris County Judge Lina Hidalgo said that an announcement about the future of the stay at home mandates will be made in the next couple of days and that there would likely be a new order, not an extension of the existing order.

Virginia:

On June 2, 2020, Governor Northam signed Executive Order Sixty-Five and presented the second phase of the “Forward Virginia” plan to continue safely and gradually easing public health restrictions while containing the spread of COVID-19. Phase 2 began Friday, June 5. The Governor also amended Executive Order Sixty-One directing Northern Virginia and the City of Richmond to remain in Phase One. See announcement here.

• Executive Order Sixty-Five modifies public health guidance in Executive Order Sixty-One and Sixty-Two and establishes guidelines for Phase Two. Under Phase Two, the Commonwealth will maintain a Safer at Home strategy with continued recommendations for social distancing, teleworking, and requiring individuals to wear face coverings in indoor public settings.
• The maximum number of individuals permitted in a social gathering will increase from 10 to 50 people.
• Restaurant and beverage establishments may offer indoor dining at 50 percent occupancy.
• Fitness centers may open indoor areas at 30 percent occupancy.
• Certain recreation and entertainment venues without shared equipment may open with restrictions. These venues include museums, zoos, aquariums, botanical gardens, and outdoor concert, sporting, and performing arts venues. Swimming pools may also expand operations to both indoor and outdoor exercise, diving, and swim instruction.
• The current guidelines for religious services, non-essential retail, and personal grooming services will largely remain the same in Phase Two. Overnight summer camps, most indoor entertainment venues, amusement parks, fairs, and carnivals will also remain closed in Phase Two.

On June 8, 2020, Governor Northam announced a temporary statewide moratorium on all eviction proceedings in Virginia. The Governor requested this moratorium in a letter sent to Virginia Supreme Court Chief Justice Donald Lemons this weekend. The Chief Justice’s order issued today remains in effect through June 28 and modifies the Court’s earlier Declaration of Judicial Emergency in response to COVID-19. Details of the Governor’s rent relief initiative, supported by federal CARES Act funding, will be announced in the coming weeks.

On June 9, 2020, Governor Northam announced a phased approach that allows Virginia schools to slowly resume in-person classes for summer school and the coming academic year. Local school divisions will have discretion on how to operate within each phase and may choose to offer more limited in-person options than the phase permits, if local public health conditions necessitate. Entry into each phase is dependent on public health gating criteria, corresponding with the Forward Virginia plan. The opportunities for in-person instruction in each phase are as follows:

• Phase One: special education programs and child care for working families
• Phase Two: Phase One plus preschool through third grade students, English learners, and summer camps in school buildings
• Phase Three: all students may receive in-person instruction as can be accommodated with strict social distancing measures in place, which may require alternative schedules that blend in-person and remote learning for students
• Beyond Phase Three: divisions will resume “new-normal” operations under future guidance

Beginning with Phase Two, local divisions and private schools must submit plans to the Virginia Department of Education that include policies and procedures for implementing Virginia Department of Health and CDC mitigation strategies. State Health Commissioner M. Norman Oliver, MD, MA has issued an Order of Public Health Emergency that requires all Virginia PreK-12 public and private schools to develop plans that demonstrate adherence to public health guidance. Public schools must also outline plans to offer new instruction to all students regardless of operational status. Detailed information on each phase can be found in the guidance document available here.

Washington:

Governor Inslee announced Proclamation 20-46.1 was extended until August 1, 2020. The proclamation provides older workers and those with underlying health conditions a series of rights and protections, including:

• The choice of an alternative work assignment, including telework, alternative or remote work locations if feasible, and social distancing measures.
• The ability to use any accrued leave or unemployment benefits if an alternative work assignment is not feasible and the employee is unable to safely work. Employers must maintain health insurance benefits while high risk employees are off the job.
• Employers are prohibited from permanently replacing high-risk employees.

June 9, 2020

Colorado:

The Colorado Department of Public Health and Environment issued its Sixth Revised Public Health Order on June 5. The order eases some additional restrictions on indoor and outdoor recreational activities and provides additional guidance for employers monitoring worker health. The order remains in effect until July 1.

Under the order, the following “Life rites” and recreational activities and facilities may resume operations:

• Gyms, recreation centers, and indoor pools may reopen at 25% capacity, but not to exceed 50 people;
• Competitive events such as races and endurance events are permitted as long as 6 foot distancing and limitations on group size can be maintained, and provided no gatherings greater than 10 people occur at the start or finish of the event; and
• Life rites, such as wedding ceremonies, graduation ceremonies and funerals, and other religious rites are authorized at 50% capacity not to exceed 50 people indoors­—outdoor rites must maintain 6 feet distance between non-household members and work with the appropriate local authority to obtain approval for the maximum number of individuals who may attend.

The order also lists the symptoms that will require an employee to stay home. Those symptoms include fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.

Connecticut:

On June 7, Governor Lamont announced that his administration has released documents detailing specific rules that eligible businesses falling under phase 2 of Connecticut’s reopening plans must follow amid the ongoing COVID-19 pandemic. The second phase takes effect Wednesday, June 17.

The sector-specific rules include detailed information and requirements about physical distancing, facility capacity, hygiene, sanitizing, signage, personal protective equipment (PPE), scheduling, training, and more.

Beginning Monday, June 8, businesses and nonprofits planning to reopen during Phase 2 on June 17 will need to visit Connecticut’s self-certification website to certify that they are compliant with the reopening rules for their sector.

On June 8, Governor Lamont announced that he is ordering an independent, third-party review to be conducted of the preparation and response to the COVID-19 pandemic inside of Connecticut’s nursing homes and assisted living facilities.

Idaho:

Governor Little announced the launch of ONE Idaho, an initiative highlighting the adaptability of Idaho businesses, employees and consumers as the state moves through stages of reopening and rebounding. Through the initiative, Idahoans are encouraged to take the ONE Idaho Pledge, committing to do their part as a business owner, employee or consumer. For Idaho businesses, that includes methods to limit close interactions, maintain six-foot physical distancing within their establishments, and stepping up onsite cleaning efforts. For the public, it is about continuing to practice social distancing, washing hands thoroughly and regularly, wearing a protective face covering in public, staying home when sick, and always following the latest safety guidelines. More details about the ONE Idaho initiative can be found at https://ONE.idaho.gov/.

Kansas:

On June 5, Governor Kelly recommended in a press briefing that Kansas counties move to Phase 3 of the Ad Astra Plan to Reopen Kansas. This transition is voluntary and up to each individual county, but under Phase 3:

• Mass gatherings up to 45 individuals are allowed;
• On-site staffing by employers is unrestricted; and
• Non-essential travel may resume unrestricted.

Maine:

On June 8, Governor Mills announced the Keep Maine Healthy Plan which updates the executive order that all out-of-state visitors must quarantine for 14 days or face a misdemeanor charge. Effective July 1, the Keep Maine Healthy Plan allows visitors (in lieu of quarantine) to sign and submit a certificate of compliance to their lodging facility that they have received a negative COVID-19 test within 72 hours of their visit. The Plan also increases symptom checks at places where visitors tend to go and earmarks $13 million in state funds to help communities implement their own plans to help stop the coronavirus spread.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued guidance for entertainment venues, including movie theaters, arcades, and bowling alleys, which will be permitted to reopen on June 15th.

New Jersey:

New Jersey’s State Health Department issued COVID-19 Guidelines for summer youth camps, following Governor Murphy’s issuance of Executive Order No. 149 allowing the resumption of childcare services, youth camps, and organized sports. Under the guidelines, cloth face coverings for staff and campers shall be worn when social distancing of 6 feet between assigned groups cannot be maintained. Staff are also encouraged to wear cloth masks while working unless doing so would inhibit the individual’s health; the individual is in extreme heat outdoors; or the individual is in water. Cloth face coverings should not be put on children under age two because of the danger of suffocation. Daily health screening for COVID-19 will be put in place at entry for campers and staff. Both indoor and outdoor camps should ensure, to the maximum extent possible, that groups include the same children each day and that the same staff remain with the same group each day. Mixing between groups should be restricted. Residential and overnight camps are not permitted. In addition, off-site activities, field trips, contact sports and inter-group competitions are prohibited.

New York:

Governor Cuomo issued Executive Order No. 202.39 on Sunday, June 7. The Order modifies sections of the Education Law to allow for absentee voting in school board elections, exempt school districts from completing annual performance reviews for teachers and principals for the 2019-2020 school year without withholding any apportionment of funds for the support of public schools, and to allow a board of trustees or education for a district to appoint on tenure teachers and principals in the final year of the probationary period with the requisite performance review ratings and would otherwise have been determined qualified for such appointment. The Order also modifies Executive Order No. 202.38 to allow for restaurants and bars in regions that are in Phase 2 to serve patrons food or beverages on premises in outdoor space and, modifies Executive Order No. 202.4 ‒ requiring local governments to allow non-essential personnel to work from home or take leave without charging accruals and to keep the number of such personnel to no less than 50% of the entire workforce ‒ to apply only to local governments who are not eligible for Phase Two reopening, with the caveat that such local governments in Phase Two regions may bring non-essential employees back to work beginning two weeks after such region meets the metrics to reopen Phase Two.

June 8, 2020

Arizona:

Governor Ducey’s Declaration of Emergency, which instituted a statewide curfew, expired at 5:00 a.m. on June 8.

California:

Governor Newsom authorized the issuance of temporary registrations for businesses seeking to manufacture over-the-counter drugs and medical devices and extended several additional workers’ compensation related deadlines on June 5. Executive Order N-68-20 allows firms to self-certify their compliance with applicable laws for the manufacture of over-the-counter drugs and medical devices to obtain a temporary registration with the State to manufacture those products. These temporary registrations will last for six months and recipients may apply for an additional six-month registration upon the original registration’s expiration.

Executive Order N-68-20 also extended the following labor-related statutory deadlines by 60 days: (1) Labor Code section 5909, related to the period of time a petition for reconsideration is deemed to have been denied by the Workers’ Compensation Appeals Board; and (2) Labor Code section 5315, related to the period of time in which the Workers’ Compensation Appeals Board must act on any decision submitted by a Workers’ Compensation judge.

Executive Order N-68-20 does not contain an expiration date.

Colorado:

The State took another step towards creating a pandemic-adaptive restaurant scene on Friday, June 5. Executive Order D 2020 093 authorizes restaurants and similar businesses to establish communal outdoor dining areas in which two or more liquor licensees may sell alcoholic beverages. These communal dining areas may be established on public rights of way with local government approval. Further, the order directs the Liquor Enforcement Division to act within 24 hours of receiving an application by a licensee to temporarily modify the license to allow alcohol sales within a community dining area. The order remains in effect until June 27.

Connecticut:

On June 5, Governor Lamont announced that Phase 2 of Connecticut’s reopening efforts is being moved up a few days to Wednesday, June 17 to avoid having it take effect during the busy Father’s Day weekend. It previously had been scheduled for Saturday, June 20. The governor will release additional safety guidance for businesses that fall under Phase 2 early next week.

On June 4, Governor Lamont and Banking Commissioner Jorge Perez announced that over 45 banks and credit unions have agreed to extend their voluntary participation in the Connecticut Mortgage Relief Program, which provides relief to consumers facing financial hardship due to COVID-19. The program, launched on March 31, 2020 and set to expire on May 31, 2020 will now run through July 30, 2020.

The program, launched on March 31, 2020, extends the following original provisions through July 30, 2020:

• 90-day grace period for all mortgage payments: Participating financial institutions will continue to offer mortgage-payment forbearances of up to 90 days, which will allow homeowners to reduce or delay monthly mortgage payments. In addition, the institutions will continue to:
  • Provide a streamlined process for requesting forbearance for COVID-19-related reasons, supported with available documentation;
  • Confirm approval and terms of forbearance program; and
  • Provide the opportunity to extend forbearance agreements if faced with continued hardship resulting from COVID-19.
• Relief from fees and charges: Through July 30, 2020, participating financial institutions will waive or refund mortgage-related late fees and other fees including early CD withdrawals.
• No new foreclosures for 60 days (through July 30, 2020): Financial institutions will not start any foreclosure sales or evictions.
• No credit score changes for accessing relief: Financial institutions will not report derogatory information (e.g., late payments) to credit reporting agencies but may report a forbearance, which typically does not alone negatively affect a credit score.

On June 2, Governor Lamont announced that the State of Connecticut is partnering in a first-of-its-kind, statewide project to quantify the spread of COVID-19 within the state by conducting a seroprevalence study of 1,400 randomized, representative Connecticut residents. The project will identify, through blood samples, people who have developed antibodies to COVID-19, a sign of prior infection.

On June 2, Governor Lamont issued Executive Order No. 7VV amending Executive Order No. 7Q. Executive Order No. 7VV changed the limitation on program sizes in child care from 30 children to 50 children.

Delaware:

On June 2, Governor Carney announced that Phase 2 of Delaware’s economic reopening will begin at 8:00 a.m. on Monday June 15. Retail establishments, restaurants and other businesses that were permitted to open at 30 percent of stated fire capacity in Phase 1 may expand to 60 percent of stated fire occupancy in Phase 2.

On June 6, Governor Carney formally extended the State of Emergency declaration in place to limit the spread of COVID-19. Under Delaware law, State of Emergency declarations must be renewed every 30 days. The Third Extension Declaration of a State of Emergency will expire in 30 days.

Hawaii:

(Honolulu City and County): Mayor Kirk Caldwell issued Emergency Order 2020-15, which was signed and approved by Governor Ige, which generally prohibits outdoor events involving more than 100 people and indoor events involving more than 50 people.

Idaho:

On June 8, 2020, Governor Little and Idaho legislators announced that the state is seeking to leverage federal coronavirus relief funds to cover local public safety personnel salaries and give cities and counties the opportunity to pass on the savings to property taxpayers. Idaho received $1.25 billion in federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funds to address the economic impacts of COVID-19. U.S. Treasury guidelines allow for the funds to cover the payroll of public health and public safety personnel. The Governor and legislators agreed to direct up to $200 million for this purpose to local governments that agree to pass along the resulting budget savings to Idahoans in the form of property tax relief. The Governor’s Coronavirus Financial Advisory Committee will finalize parameters for local government to participate in the program at its June 10 meeting.

Massachusetts:

Massachusetts issued two COVID-19 orders, Order No. 37 and Order No. 38, which went into effect on June 8, 2020, and are set to expire when the emergency has ended or when rescinded. Under these orders:

• Phase II businesses may reopen their physical locations, and include:
  • Retail stores
  • Restaurants
  • Hotels, motels, and other lodging
  • Personal Services
  • Funeral homes
  • Warehouses and distribution centers
  • Golf facilities
  • Higher education
  • Restaurants may provide outdoor table service
• Phase II businesses must certify that they are in in compliance with safety rules and sector specific rules
• Businesses must also post all public notices and advisories
• Most gatherings of 10 or more people indoors is still prohibited
• Businesses must follow the sector guidelines issued by the Director of Labor Standards and the Commissioner of Public Health, and the previous COVID-19 Order No. 33.

Minnesota:

Governor Walz signed Emergency Executive Order 20-74, which continues the plan of safely reopening Minnesota’s economy and ensuring safe non-work activities during the COVID-19 Peacetime Emergency. Under this order, which goes into effect on Tuesday, June 9, 2020 at 11:59 p.m.:

• Executive Order 20-63 is rescinded.
• Indoor gatherings of more than 10 people are prohibited; outdoor gatherings of more than 25 people are prohibited; with the exception of certain governmental meetings, federal activities, drive-in gatherings, and weddings, funerals, and services, all of which are subject to requirements under the order.
• Places of public occupancy, including restaurants, bars, barbershop and salons, public pools, gyms, and entertainment venues may open at reduced capacity, as specified in the order.
• Critical and non-critical businesses that are choosing to remain open must establish and implement a COVID-19 Preparedness Plan, using the guidance specific for their industry.
• Higher education institutions may resume in-person classes subject to capacity and social distancing requirements.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued guidance for outdoor drive-in entertainment which are currently permitted to be open.

(Boone County): Boone county along with the City of Columbia, Missouri issued amended Business Guidance to assist businesses in the process of reopening under the city and county’s orders.

New Hampshire:

On June 4, Governor Sununu announced that that starting June 15, restaurants can begin serving customers indoors. However, in the four counties hardest hit by COVID-19 – Rockingham, Hillsborough, Strafford and Merrimack – capacity will be limited to 50%. Wedding reception guidance was also released Friday. For post-wedding receptions and events, occupancy must be limited to 50 percent capacity for facilities, tables limited to six people, and dancing within 6 feet of another person is discouraged, except for family members and people from the same household. Further information on Stay-at-Home 2.0 guidelines can be found here.

New York:

Governor Cuomo issued Executive Order No. 202.38 on Saturday, June 6. The Order allows commercial building owners and those that manage public spaces to require individuals to undergo temperature checks prior to being allowed admittance. Individuals that do not comply and individuals with temperatures above the New York State Department of Health Guidelines may be denied entrance. The Order also modifies Executive Order No. 202.3 to allow for restaurants and bars in regions that are in Phase 2 to serve patrons food or beverages on premises in outdoor space.

North Dakota:

Governor Burgum signed an executive order that modifies restrictions on visitation at long-term care facilities in North Dakota during the COVID-19 pandemic, allowing for a phased approach to resuming visitation as outlined in the ND Smart Restart.

Ohio:

On June 5, Governor Mike DeWine, Lt. Governor Jon Husted, and Dr. Amy Acton, MD, MPH, announced that on June 19, 2020, the following may re-open: (1) casinos; (2) racinos; (3) amusement parks; and (4) water parks.

Dr. Acton also signed the Third Amended Director’s Order to Limit Access to Ohio’s Nursing Homes and Similar Facilities, With Exceptions, to permit properly prepared assisted living facilities and intermediate care facilities for individuals with developmental disabilities to begin to allow outdoor visitation on June 8, 2020. The lifted restrictions do not yet apply to nursing homes.

West Virginia:

On June 5, Governor Justice announced that he has signed an executive order that will formally allow activities, currently scheduled to reopen in the Week 7 phase of the Governor’s reopening plan, to resume operations if they so choose.

Approved activity reopenings, with limitations, on Monday, June 8 include:

• Low-contact outdoor youth sports
• WVSSAC-sanctioned athletics and band summer training programs
• Little league sports practices
• All remaining adult sports facilities including indoor tennis courts, racquetball courts, outdoor basketball courts, and similar venues

Reopenings allowed on Wednesday, June 10, 2020:

• Private campgrounds and State Park campgrounds, cabins, and lodges to out of state guests.

All guidance documents are available on governor.wv.gov.

On June 4, Governor Justice announced that fairs and festivals are permitted to resume on July 1, provided that all guidelines are followed to help keep West Virginians as safe as possible.

June 5, 2020

Colorado:

Governor Polis reiterated the State’s commitment to promoting safety through the use of facial coverings in Executive Order D 2020 092. The order authorizes all places of public accommodation (e.g., restaurants, cafes, hotels) to deny admittance or service and require the removal of any individual who fails to wear a medical or non-medical face covering. The order remains in effect until July 4.

Idaho:

As of June 3, Idaho added guidance for outfitting services to mitigate COVID related risks to employees, guests and local communities.

• The guidance required that Idaho outfitters have an operational plan in place to mitigate the risk of COVID-19 to participants. Such plans should align with state and local orders and directives for COVID-19, however, plans do not need to be submitted for review or approval. Outfitters should:
  • Ensure employee training on COVID-19;
  • Establish protocols to maintain at least six (6) feet physical distance, where possible, between employees, clients, vendors, and service providers;
  • Establish protocols to reduce the risk of spread of COVID-19 among employees, patrons, and associated service providers in the course of a trip;
  • Identify how the employer will provide adequate sanitation and promote personal hygiene for guides, guests, associated service providers and employees;
  • Identify strategies for pre-screening guests, clients, and employees for COVID-19 diagnoses, symptoms and potential exposures to COVID19;
  • Update employee illness policy and provide COVID-19 staff training; and
  • Develop plans for staff, clients, or patrons who become ill with COVID-19-like symptoms during their trips.
• See guidance here.

On June 5, Governor Little announced his plan to offer up to $1,500 cash to Idahoans who return to work. Governor Little’s plan includes one-time cash bonuses of $1,500 for full-time work and $750 for part-time work and will be provided to the worker after return to the workplace. The funds will be available on a first-come, first-served basis for qualified applicants. More information on eligibility and how to apply for a Return to Work cash bonus are expected to be available by June 15.

Michigan:

Governor Whitmer signed Executive Orders 2020-114 and 2020-115 to reopen more regions and economic sectors under the MI Safe Start Plan.

Starting on June 10, Regions 6 and 8 — which include much of northern Michigan and all of the Upper Peninsula — will advance to Phase 5 of the governor’s MI Safe Start Plan. Phase 5 allows the reopening of salons, movie theaters, and gyms, subject to safety protocols and procedures designed to minimize the spread of COVID-19.

On June 15, personal services including hair, massages, and nails will reopen statewide. Though the remaining regions, 1 through 5 and 7, will remain in Phase 4 under today’s executive orders, the governor has said she expects the entire state will advance to Phase 5 in the coming weeks.

Under Phase 5, indoor social gatherings and organized events of up to 50 people are permissible. Outdoor social gatherings and organized events are also allowed if people maintain six feet of distance from one another and the gathering consists of no more than 250 people. In addition, outdoor performance and sporting venues will be open with a larger capacity limit of 500, which will allow for some outdoor graduation ceremonies.

New Jersey:

On Thursday, June 4, Governor Murphy signed Executive Order No. 151 to extend the Public Health Emergency he previously declared in Executive Order No. 103. Through the extension, all Executive Orders adopted based on the Public Health Emergency that would have expired remain in full force and effect.

Oregon:

Governor Brown approved 26 counties to move to Phase 2 of reopening as outlined below:

June 5

• Benton
• Curry
• Douglas
• Grant
• Jackson
• Klamath
• Lake
• Lane
• Linn
• Morrow
• Union
• Wallowa
• Wasco
• Wheeler

June 6

• Baker
• Clatsop
• Columbia
• Coos
• Crook
• Gilliam
• Harney
• Josephine
• Malheur
• Sherman
• Yamhill

June 8

• Tillamook

Pennsylvania:

Governor Wolf on Friday, June 5 announced that twelve additional counties will move to the green phase of the Process to Reopen Pennsylvania at 12:01 a.m. on Friday, June 12. Those counties are Adams, Beaver, Carbon, Columbia, Cumberland, Juniata, Mifflin, Northumberland, Union, Wayne, Wyoming, and York.

As of 12:01 a.m. on Friday, June 5, every Pennsylvania county is out of the red phase of the reopening plan.

Texas:

(San Antonio, Bexar County): The stay at home orders for San Antonio an Bexar County have expired. After Governor Abbott issued Executive Order GA-26 on Wednesday, which set forth guidelines for Phase Three of the plan to reopen Texas, San Antonio Mayor Ron Nirenberg and Bexar County Judge Nelson Wolff said they would let the local orders expire as scheduled on Thursday, June 4.

Utah:

Governor Herbert extended his Utah COVID-19 health risk status or to June 12, 2020. All current health risk guidance for the state remains unchanged. Specifically, the COVID-19 public health risk status remains Orange (Moderate Risk) in Salt Lake City, Bluff and Mexican Hat, and in all other areas of the state the status remains Yellow (Low Risk). The extension of the order is effective as of today, June 5 at 4:04pm (CT). (See announcement here.)

Washington:

Governor Inslee released a template for businesses in Phase 3 of the “Safe Start” plan. Each business or entity operating in Phase 3 must develop a written safety plan outlining how its workplace will prevent the spread of COVID-19. A business may fill out this template to fulfill the requirement or may develop its own safety plan. Businesses are still required to follow their industry-specific guidance as well.

Governor Inslee also released Phases 2 and 3 guidance (memo and requirements) for sporting activities, including professional sporting activities, youth team sports and adult recreational team sports.

June 4, 2020

Alaska:

Governor Dunleavy revised Health Mandate 10, which required everyone arriving in Alaska to self-quarantine for 14 days to monitor for symptoms of COVID-19 until to June 5. Now, starting June 5, all persons entering Alaska (resident, worker, or visitor) must self-quarantine for 14 days unless the traveler falls under one of the four following categories:

1. The traveler arrives with a negative COVID-19 test taken within the past 72 hours and presents results upon arrival;
2. The traveler participates in a COVID-19 test upon arrival and self-quarantines at his or her own expense until results arrive;
3. The traveler self-quarantines for 14 days at his or her own personal expense, or for the duration of the trip (whichever is shorter); or
4. The traveler is a critical infrastructure employee, and follows the plan that the employer has filed with the State.

All travelers must also fill out a declaration form upon arrival, regardless of which category they fall into.

Florida:

Governor DeSantis issued an Executive Order which implements Phase Two of Florida’s reopening for all counties, except Miami-Dade, Broward, and Palm Beach counties, beginning on Friday June 5, 2020. The Order encourages responsible individual activities, such avoiding group meetings of more than 50 people, receiving routine testing for those who work in long-term care facilities, and maintaining appropriate social distancing and sanitation protocols for in-store retail businesses.

Under the Order, restaurants and other businesses authorized to sell alcoholic beverages for on-premise consumption (excepting nightclubs) may operate at 50% indoor capacity. Entertainment business, such as movie theatres, concert houses, and arcades, may also operate at 50% building capacity, provided appropriate social distancing and sanitation measures are taken. Personal services may also operate with appropriate safety guidelines. The Order also provides measures for pari-mutuel facilities to seek authorization to operate.

Executive Orders 20-80 and 20-82, which imposed a 14-day self-quarantine requirement on travelers from the New York Tri-State area, are extended, except for individuals involved in commercial activity and students traveling for academic work, internships, sports training or other activities and programs approved by the educational institution. Executive Order 20-69, which authorized local government bodies to utilize telephonic and video conferencing for meetings, is extended until June 30, 2020.

Indiana:

Governor Holcomb signed Executive Order 20-30, which renews the declaration of a public health disaster emergency, as set forth in Executive Order 20-02, for an additional 30 days, expiring on July 4, 2020. All other Executive Orders that provide they are supplement to Executive Order 20-02 or state that they will continue for the duration of the public health disaster emergency are also renewed for the additional 30 days.

Maine:

On June 4, 2020, Governor Mills announced an extension of the COVID-19 rental assistance program that was established in April to help people struggling financially, because of the pandemic, some help getting their rent paid. The program allows households that meet certain income and ability-to-pay requirements to receive a one-time payment of up to $500. The money is paid directly to the landlord. When the landlord accepts the payment, they agree not to evict the tenant for the month to which it applies.

Massachusetts:

(Worcester): The City of Worcester issued an order to expedite the expansion of restaurant outdoor seating areas. This order took effect on June 3, 2020 and will remain in effect until November 1, 2020. Under this order:

• The Worcester License Commission must expedite process applications seeking an extend their premise to provide outdoor table service and provide outdoor alcohol service
  • This may include an extension of the service area onto a public right of way
• Certain limitation on off-street parking and outdoor seating are suspended

Michigan:

Governor Whitmer signed Executive Order 2020-112 which orders the following:

• Effective immediately, Executive Order 2020-39, which grants temporary relief from certain restrictions governing the provision of emergency medical services, and Executive Order 2020-82, which details temporary enhancements to operational capacity of health care facilities, are rescinded.
• Executive Order 2020-38, which grants temporary extensions for certain FOIA deadlines, is temporarily extended and will remain in effect through June 10, 2020. Effective June 11, 2020 at 12:01am, Executive Order 2020-38 is rescinded.

Nevada:

Governor Steve Sisolak again revised the industry-specific guidance on Phase 2 for the following industries to specifically address specific questions businesses may have: (1) aquatics; (2) bars; (3) bowling alleys; (4) camps; (5) closed events; (6) farmer’s markets; (7) fitness; (8) community and faith-based organizations; (9) guest rooms; (10) indoor malls; (11) indoor venues; (12) movie theatres; (13) outdoor equine and livestock competitions; (14) outdoor venues; (15) personal services; and (16) trade schools and technical schools.

As for the progress of Phase 2, Governor Sisolak announced that the state has seen a downward trajectory of COVID-19 cases and decrease in the trend of COVID-19 hospitalizations over a 14-day period. Additionally, in May, Nevada increased daily testing by 500% and Nevada has the testing and laboratory capacity to test all patients, regardless of whether they are experiencing COVID-19 symptoms or not. Governor Sisolak added that Nevada’s statewide contact tracing effort involves a digital tracing solution through Deloitte and Salesforce. This effort, supported by these national technology leaders, will modernize and streamline case investigation and contact tracing with increased staffing to quickly identify and notify individuals who may have been close contacts to a person with COVID-19.

New Jersey:

On Wednesday, June 3, Governor Murphy signed Executive Order No. 150, which continues the phased reopening of New Jersey’s businesses. The Order allows for restaurants, cafeterias, and other dining establishments to offer in-person service at outdoor areas beginning 6:00 a.m. on Monday, June 15. The Order provides safety requirements to which the dining establishments must adhere including limiting capacity and spacing tables six feet apart in all directions.

The Order also allows the brick-and-mortar premises of non-essential retail businesses closed under Executive Order No. 107 to reopen to the public beginning at 6:00 a.m. on Monday, June 15 provided the businesses follow the precautionary requirements applied to essential retail businesses in Executive Order No. 122.

Pennsylvania:

Governor Wolf on Thursday, June 4 signed an amended Order to add ten counties to those moving to the yellow phase of the Process to Reopen Pennsylvania at 12:01 a.m. on Friday, June 5. The ten counties are Berks, Bucks, Chester, Delaware, Lackawanna, Lancaster, Lehigh, Northampton, Montgomery, and Philadelphia. Governor Wolf also signed an amended Order adding sixteen counties to the green phase of reopening beginning at 12:01 a.m. on Friday, June 5. Those counties are Allegheny, Armstrong, Bedford, Blair, Butler, Cambria, Clinton, Fayette, Fulton, Greene, Indiana, Lycoming, Mercer, Somerset, Washington, and Westmoreland.

Rhode Island:

Governor Raimondo issued two executive orders on June 4, 2020.

Executive Order 20-41 requires any person in a public place (indoors or outdoors) to continue covering their mouth and nose with a mask or face cloth unless it would damage a person’s health. Face coverings are not required for people who can easily, continuously, and measurably maintain at least 6 feet of distance from other people.

Masks are required at all times in grocery stores, pharmacies or other retail businesses, and when providing or using services of taxi or other mass public transit. Restaurants offering dine-in services, personal service businesses, gyms, daycares, and places of assembly that are re-opening in Phase II shall abide by their particular sector-specific face covering protocols.

This executive order goes into effect immediately and shall remain in effect until July 4.

Executive Order 20-42 extends the following executive orders until July 4, 2020:

• Executive Order 20-02 (Declaration of Disaster Emergency).
• Executive Order 20-06 (Fourth Supplemental Emergency Declaration – Expanding Access to Telemedicine Services).
• Executive Order 20-07 (Fifth Supplemental Emergency Declaration – Extension of Time for Weapon and Firearm Background Checks).
• Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration – Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).
• Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration – Testing, Critical Supplies and Hospital Capacity Reporting).
• Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration – Increasing Access to Unemployment Insurance).
• Executive Order 20-20 (Seventeenth Supplemental Emergency Declaration – Fourth Quarantine Order).
• Executive Order 20-33 (Supplemental Emergency Declaration – Hospital and Community-Based Health Care).

Texas:

On Wednesday, June 3, 2020, Governor Abbott issued Executive Order GA-26 which set forth Phase Three of the plan to reopen Texas. Under Phase Three, effective immediately, all businesses in Texas will be able to operate at up to 50% capacity, with limited exceptions. The timeline of when businesses will be allowed to reopen and at what capacity is as follows:

June 3:

• All businesses currently operating at 25% capacity can expand their occupancy to 50% with certain exceptions.
• Bars and similar establishments may increase their capacity to 50% as long as patrons are seated.
• Amusement parks and carnivals in counties with less than 1,000 confirmed positive cases may open at 50% capacity.
• Restaurants may expand their maximum table size from 6 to 10 persons.

June 12:

• Restaurants may expand their occupancy levels to 75%.
• Counties with 10 or less active COVID-19 cases may expand their occupancy limits to 75%.

June 19:

• Amusement parks and carnivals in counties with more than 1,000 confirmed positive cases of COVID-19 may open at 50% capacity.

The Order encourages Texans to continue to use precautionary measures, including wearing face coverings, avoiding being in groups of more than 10, and not visiting nursing homes or similar facilities.

Minimum standard health protocols are recommended by the Texas Department of State Health Services for reopened services under Phase Three. For a full list of guidelines and protocols applicable to the service, see the Open Texas Checklists.

June 3, 2020

Colorado:

The Colorado Department of Health and Environment (“CDPHE”) clarified the restrictions on social and economic activities under the State’s Safer at Home and in the Vast, Great Outdoors phase of the pandemic response on Tuesday. The Fifth Amended Public Health Order 20-28 (“PHO”) largely carries forward the restrictions on businesses in place prior to June 1, while allowing increased opportunities for Coloradans to recreate and engage in social activities. The PHO remains in effect until July 1.

The PHO imposes several familiar requirements upon Coloradans. It urges the use of non-medical face coverings in public and continues to prohibit all public and private gatherings in commercial spaces greater than 10 people, unless specifically exempted. Further, it carries forward the mandate that people at risk of severe illness from COVID-19 cannot be compelled to work for any business.

Under the PHO, Coloradans may pursue the following recreational activities, subject to social distancing restrictions and any activity-specific limitations:

• camping by reservation only;
• visit outdoor swimming pools, which may open at 50% capacity;
• organized recreational youth or adult league sports with no more than 25 players outdoors or 10 players indoors;
• gyms, recreation centers and indoor pools may open, with no more than 10 people per room; and
• outdoor recreational activities (guided hunting and fishing, river outfitters, activities at ski resorts), provided they are approved by the applicable local jurisdiction.

The PHO also adopts numerous measures that will allow some general business activity to resume, while continuing to prohibit others. Restaurants, Critical Businesses, Non-Critical Retail and Office-Based Businesses, Personal Services, Limited Healthcare Settings, and Non-Critical Manufacturing may operate but must largely adhere to the restrictions imposed under the prior iteration of the PHO. Non-Critical Retail and Office-Based Businesses remain subject to 50% operational-capacity restrictions, and restaurants may open to in-person dining at 50% of the indoor posted occupancy code limit, but not to exceed 50 people. In addition, all businesses, subject to certain exceptions, must implement the following measures:

• deputize a workplace coordinator(s) charged with addressing COVID-19 issues;
• maintain 6 foot separation between employees and discourage shared spaces;
• clean and disinfect all high touch areas;
• post signage for employees and customers on good hygiene;
• ensure proper ventilation;
• avoid gatherings of more than 10 people;
• implement symptom monitoring protocols, conduct daily temperature checks and monitor symptoms in employees at the worksite to the greatest extent possible; and
• continue to accommodate people who are at risk of severe illness from COVID-19 who are still under the Stay at Home advisement.

The PHO contains nine appendices that further detail the operational requirements imposed on various sectors of the State’s economy. Businesses must be cognizant of those requirements and any additional guidance issued by the CDPHE.

The PHO continues to mandate the closure of the below businesses:

• bars, taverns, brew pubs, breweries, microbreweries, distillery pubs, and wineries;
• cigar bars;
• movie and performance theaters except for drive in movie theaters, opera
• houses, concert halls, and music halls; and
• casinos, amusement parks and arcades.

Idaho:

On May 28, Governor Little announced that Idaho had met the criteria to advance to Stage 3 of the Idaho Rebounds plan to safely reopen Idaho’s economy. Beginning May 30, 2020:

• Bars can open their doors, as long as protocols to protect workers and the public are followed. Governor Little moved up the opening of bars two weeks early, from Stage 4 to Stage 3.
• The opening of movie theatres has also been moved to Stage 3 instead of Stage 4, as long as protocols are followed. The protocols movie theaters must follow in order to open starting May 30 can be found here.
• Gatherings of up to 50 people can occur, where appropriate physical distancing and precautionary measures are observed.
• Only out-of-state travelers from areas of high spread should quarantine for 14 days after entering Idaho. This step will help our vital tourism and hospitality industry while keeping citizens safe.
• Over the duration of Stage 3, vulnerable Idahoans should be diligent to minimize exposure to transmissible moments.
• Employees should continue to telework whenever possible, and employers should continue to return employees to on-site work in phases. Employees who are considered vulnerable individuals should continue to self-quarantine. Special accommodations for these employees should be made in the workplace if they are unable to work from home.
• Non-essential travel can resume to locations that allow it and do not have ongoing transmission.
• All open businesses must continue to follow protocol for opening.
• Visits to senior living facilities and congregate facilities are still prohibited in order to protect workers and individuals in those facilities.
• Large venues and sporting events remain closed until Stage 4; except movie theaters which had their opening moved to Stage 3.

On May 26, 2020, Governor Little signed Executive Order 2020-08-A which amends Executive Order 2020-08. The amended order:

• Is a continuation and expansion of the Idaho Rebound cash grant. The program is expanded to include “self-employed Idaho residents” in addition to “small businesses.”
• Continues to make grants of up to $10,000 available to eligible small businesses with an EIN, but also makes grants of up to $7,500 available to eligible self-employed Idaho residents.

Illinois:

(Chicago): Chicago entered Phase 3 of Mayor Lightfoot’s reopening framework today. Under Phase 3, the following industries may open with specific safety guidelines:

• Childcare centers and family childcare
• Non-lakefront parks (no contact sports)
• Libraries and other city services
• Office-based jobs, professional services, and real estate services
• Hotels / lodging
• Outdoor attractions, such as boating – not including the Playpen, non-Lakefront golf courses
• Non-essential retail
• Personal services, such as hair/nail salons, barbershops, tattoo parlors
• Restaurants and coffee shops (outdoor dining only)
• Manufacturing, construction, and warehousing
• Hospitals, dentists, community mental health centers, and Federally Qualified Health Centers
• Public transit, regional transit, taxis and rideshare
• Gyms (outdoor and 1:1 personal training only)

Mayor Lightfoot released industry specific guidelines for Chicago businesses transitioning into Phase 3. These guidelines include the following:

• Education and Childcare
  • Childcare guidelines
• Office and Real Estate
  • Commercial buildings guidelines
  • Residential buildings guidelines
• Accommodation and Tourism
  • Hotel and accommodation guidelines
• Food Service
  • Food service guidelines
• Retail and Services
  • Retail guidelines
  • Personal services guidelines
  • Health and fitness clubs guidelines
• B2B
  • Manufacturing guidelines
  • Construction guidelines
  • Transportation and warehousing guidelines
• Healthcare
  • Healthcare guidelines
• Transportation
  • Transportation and warehousing guidelines
  • CTA guidelines
  • Taxi and ride hail guidelines
• Parks and Outdoor Attractions
  • Parks and outdoor attractions guidelines

While guidelines differ between industries, common guidelines include (1) maintaining 6-foot social distancing, (2) requiring face coverings in common areas, (3) frequently cleaning “high touch” areas, and (4) posting visual signage regarding hygiene, social distancing and proper PPE. Importantly, these industry guidelines do not provide a one-size-fits-all blueprint. Rather, businesses should take care to assess employee and customer needs as well as the layout and dimensions of the business facility.

Maryland:

Governor Hogan announced that the state will enter Phase Two of reopening at 5:00 p.m. eastern time on Friday. As happened with Phase One, cities and counties will have the option to opt out and keep stricter measures in place. Prince George’s County and Montgomery County have already opted out of entering Phase 2 at this time. This stage will include the reopening of many, but not all, nonessential businesses, albeit with varying levels of restrictions. A full list of what businesses are allowed to reopen, and the various restrictions remaining in place, can be found in the Governor’s order here.

Nebraska:

On June 2, Governor Ricketts signed Executive Order 20-26, amending Executive Order 20-22. Under this amended Order:

• The Department of Labor will only adjudicate the last separation from employment which resulted in a claimant’s unemployment;
• The provisions of Neb. Rev. Stat. § 48-626, requiring adjudication of separations from employment with other base period employers and reductions in benefits, are waived for all claims filed between March 15, 2020, and 30 days after the lifting of the Covid-19 state of emergency.

As of June 1, numerous Covid-19 restrictions are lapsing, and all Nebraska counties (except for Dakota, Hall, Hamilton and Merrick) will enter “Phase Two” of Nebraska’s reopening plan. Phase Two includes:

• Gatherings
  • Gatherings will be limited to the greater of 25 persons (excluding staff) or 25% of rated occupancy (not to exceed 3,000).
• Bars and restaurants
  • Restaurants remain open for dine-in, and bars can reopen.
  • Bars and restaurants are limited to 50% of the rated occupancy, with a maximum of six persons per table.
  • All patrons in a bar must be seated.
• Gyms
  • Will be limited to the greater of 25 people (excluding staff) or 50% of rated occupancy.
• Salons, barber shops, massage therapy services, and tattoo parlors
  • Will be limited to the greater of 25 people (excluding staff) or 50% of rated occupancy.
  • Both workers and patrons are still required in the DHM to wear masks at all times.
• Wedding and funeral reception venues
  • Will be limited to the greater of 25 people (excluding staff) or 50% of rated occupancy.
  • Self-serve buffets and salad bars are prohibited.
  • No dances or other social events that require guests to gather outside of their respective tables are permitted.

Nevada:

Governor Steve Sisolak announced Nevada’s COVID-19 Disease Outbreak Management Strategy and Concept of Operations for how the state will handle COVID-19 going forward.

Ohio:

Governor DeWine announced on June 2 that health care providers, including dentists, may resume all surgeries and procedures that had previously been delayed if they meet required safety criteria.

Governor DeWine also reported the creation of three programs to help small and medium-sized businesses in Ohio during the COVID-19 pandemic. The programs will be administered by the Ohio Development Services Agency: (1) Ohio PPE Retooling and Reshoring Grant Program; (2) Ohio Minority Micro-Enterprise Grant Program; and (3) Appalachian Region Loan Program.

Finally, Governor Mike DeWine stated that, as of right now, Ohio intends to reopen schools in the fall, but individual starting dates will be up to each local school board. In the near future, broad reopening guidelines will be issued for schools in regard to protecting the health of students and staff when the school year resumes.

Pennsylvania:

Governor Wolf announced on Wednesday, June 03 that he will allow the amended stay-at-home order to expire at 11:59 p.m. on Thursday, June 4. Beginning Friday, June 5, all sixty-seven counties will be either in the yellow or green phase of reopening. Governor Wolf also renewed the ninety-day disaster declaration, which he signed originally on March 6, 2020.

Utah:

As of June 1, 2020, uninsured Utah residents who meet residency/citizenship guidelines may be eligible to receive coverage for COVID-19 testing and other related services. Information can be found here.

Washington:

Governor Inslee signed Proclamation 20-19.2 extending the proclamation placing a moratorium on evictions. The prior eviction moratorium is now extended until August 1. Several modifications were added to the prior proclamation relating to:

• Prohibiting retaliation against any tenant who invokes rights or protections under the proclamation;
• Permitting eviction based on property damage, except for damage that is not urgent in nature, including conditions that were known or knowable to the landlord prior to the COVID-19 crisis;
• Establishing a defense to any lawsuit for tenants if a landlord fails to offer a reasonable repayment plan;
• Establishing a minimum of a 14-day length of stay at a hotel, motel or at other non-traditional dwelling situations in order to trigger the application of this proclamation to those dwelling situations; and
• Allowing owners to evict tenants if the owner plans to occupy or sell the property, after providing at least 60 days’ notice; and
• Exempting commercial property rent increases that were executed in a rental agreement prior to the date the state of emergency was declared, on February 29.

Governor Inslee also issued Phase 1 and Phase 2 guidance under the “Safe Start” plan for libraries, drive-in theatres, and the agricultural industry.

June 2, 2020

Alaska:

After the state experienced the highest number of confirmed cases since the pandemic began, Governor Dunleavy announced that while the state will continue to work on reopening, reinstating the “Hunker Down Order” is not off the table if cases spike.

Colorado:

Governor Polis officially transitioned the State to a new phase in the response to the pandemic on Monday. Executive Order D 2020 91, also known as Safer at Home and in the Vast, Great Outdoors, sets the stage for lifting numerous occupancy restrictions placed upon businesses and authorizes the Colorado Department of Health (“CDPHE”) to issue a Public Health Order implementing the Order by June 4, 2020. The Order focuses on re-opening the economy, while maintaining social distancing. It remains in effect until June 30.

The Order, however, only broadly indicates the requirements that the CDPHE will adopt in its forthcoming order. Thus, the present limitations on social and economic activity may not be announced until June 4. In general, the Order directs CDPHE to specifically address the following in its order:

• advise Coloradans to limit unnecessary travel and Stay at Home if experiencing flu-like symptoms;
• prohibit gatherings of groups of 10 or more people in public and private commercial spaces (the Order permits CDPHE to exempt certain gatherings);
• continue to require businesses to make reasonable accommodations for Vulnerable Individuals;
• permit Non-Critical Retail to allow people on-site provided the business adheres to the CDPHE’s Social Distancing Requirements;
• permit Places of Public Accommodation to offer food and beverage using delivery service, window service, walk-up service, drive-through service, drive-up service, curbside delivery, outside dining, and limited indoor dining, in accordance with mandatory Social Distancing Requirements and cleaning and disinfection protocols;
• require Critical Businesses, Non-Critical Commercial Businesses, and Non-Critical Retail with over 50 employees in any one location screen of symptoms and temperatures, close common areas, adhere to cleaning protocols, and implement mandatory Social Distancing Requirements; and
• identify any businesses, industries, sectors, activities, or events that must remain closed at this time.

Connecticut:

On May 29, Governor Lamont issued Executive Order-No. 7TT order taking the following actions:

• Reopening of barbershops and hair salons on June 1; and
• Amending prohibitions on large gatherings and allowing large public outdoor gatherings of up to 25 people.

On May 29, the Connecticut Public Utility Regulatory Authority (PURA) announced that the utility shut-off moratorium for non-residential customers in the state will continue through July 1, 2020.

On June 1, Governor Lamont issued Executive Order No. 7UU taking the following actions:

• Mandatory COVID-19 testing for staff of private and municipal nursing homes, residential communities, and assisted living agencies; and
• Allows the Connecticut Department of Labor to consider, when determining a worker’s eligibility for unemployment benefits, whether COVID-19 means returning to work would pose an unreasonable risk to the health of a member of that worker’s household.

Delaware:

On June 1, Governor Carney issued Executive Order No. 39 creating a Pandemic Resurgence Advisory Committee (PRAC) to plan for a potential resurgence of COVID-19 in fall 2020. Under Executive Order No. 39, the PRAC will:

• Develop a healthcare system and public health strategy that’s ready in case of a resurgence of COVID-19;
• Identify tactics and resources to manage a resurgence of COVID-19 including, but not limited to testing capabilities, personal protective equipment (PPE), social distancing, economic recovery and health facility readiness; and
• Assess methods to protect vulnerable populations and consider disproportionate effects on minority-owned businesses in the event of a resurgence of COVID-19.

More information on the PRAC can be found here.

On May 29, Governor Carney issued guidance for summer camps and summer school as Delaware continues a rolling reopening of the economy. Recreational camps must develop a written plan for enforcing social distancing, frequent hand-washing, and other basic public health precautions.

Florida:

Governor DeSantis issued an Executive Order which, once again, extends mortgage foreclosure and eviction relief orders through 12:01 am on July 1, 2020.

Hawaii:

Governor Ige announced that effective June 16, the 14-day quarantine requirement for inter-island travelers will be lifted.

Illinois:

(Chicago): Mayor Lightfoot announced today that Chicago will enter Phase 3 of her reopening framework on Wednesday, June 3. The following industry specific guidelines have been released to guide Chicago businesses under this next phase:

• Education and Childcare
  • Childcare guidelines
• Office and Real Estate
  • Commercial buildings guidelines
  • Residential buildings guidelines
• Accommodation and Tourism
  • Hotel and accommodation guidelines
• Food Service
  • Food service guidelines
• Retail and Services
  • Retail guidelines
  • Personal services guidelines
  • Health and fitness clubs guidelines
• B2B
  • Manufacturing guidelines
  • Construction guidelines
  • Transportation and warehousing guidelines
• Healthcare
  • Healthcare guidelines
• Transportation
  • CTA guidelines
  • Taxi and ride hail guidelines
• Parks and Outdoor Attractions
  • Parks and outdoor attractions guidelines

Kansas:

Governor Kelly announced that 66 counties in Kansas will receive grants—including economic development grants to provide communities with funding to help local businesses retain jobs, as well as meal program grants. Governor Kelly also announced that the SPARK task force has approved the distribution of federal funds to counties that have not yet received funding under the CARES Act.

Louisiana:

Governor John Bel Edwards announced that following continued improvement in Louisiana’s COVID-19 outlook and a significant increase in testing capacity and contact tracing, Louisiana is ready to move to Phase 2 of the White House’s reopening strategy on June 5, 2020. Governor Edwards will sign the official order for Phase 2 of a Resilient Louisiana by Thursday evening, with guidance being issued to individual industries and businesses via the OpenSafely.la.gov website throughout the week.

Phase 2 in Louisiana will last at least 21 days. In Phase 2, churches, places of worship and many more businesses will be able to operate at 50% capacity with social distancing, masks for public-facing employees and increased sanitation.

Additionally, the following businesses will be able to open at 50% occupancy: (1) restaurants, cafes and coffee shops; (2) shopping malls (including food courts, following restaurant guidance); (3) gyms and fitness centers; (4) barber and beauty shops and nail salons; (5) movie theaters; (6) racetracks (not open to spectators); (7) museums (including children’s museums), zoos, aquariums (no tactile exhibits); (8) bars and breweries with LDH food permits; (9) massage establishments, spas, and tattoo establishments (under strict guidance from LDH); (10) esthetician services (under strict guidance from the Cosmetology Board); (11) pool halls, bowling alleys and skating rinks (children must be accompanied by an adult); (12) event centers and wedding venues; and (13) outdoor playgrounds and play centers (children must be accompanied by an adult).

Casinos and video poker establishments may open at 50% occupancy, but limited to 75% of their gaming positions, with spacing to allow for social distancing and with enhanced sanitation. Plans must be submitted to the Gaming Control Board which will issue guidance to these facilities.

Bars and breweries that do not have LDH food permits will be able to open with strict social distancing requirements and patrons seated at 25% occupancy.

The following businesses must remain closed: carnivals, amusement parks, water parks, fairs, contact sports, children’s indoor play centers, theme parks, concert and music halls, and other similar businesses. Live entertainment is not permitted inside any building or indoor function.

Maine:

On May 31, 2020, Governor Mills issued an order outlining the start of Phase 2 of Maine’s reopening plan. As of Monday, June 1, the number of people allowed at gatherings has been raised from 10 to 50. Additionally, the following may reopen (with proper social distancing):

• Lodging for Maine residents and out-of-state guests who complete quarantine guidelines;
• Campgrounds/RV parks for out-of-state residents who complete quarantine guidelines;
• Day camps;
• State Park campgrounds;
• Coastal State Parks, with some services;
• Community sports; and
• Tanning salons.

Further information on Maine’s reopening plan can be found here.

Massachusetts:

Massachusetts issued COVID-19 Order No. 35, which went into effect on June 1, 2020, and is set to expire November 1, 2020, or when rescinded. Under this new order:

• Phase II businesses may reopen their physical locations immediately, and include:
  • Retail stores
  • Restaurants
  • Hotels, motels, and other lodging
  • Personal Services
  • Funeral homes
  • Warehouses and distribution centers
  • Golf facilities
  • Higher education
• Phase III businesses include:
  • Casinos
  • Fitness centers and health clubs (excluding saunas, hot-tubs, steam rooms)
  • Theatres and performance venues of moderate capacity
• Phase IV businesses include
  • Amusement and theme parks
  • Saunas, hot-tubs, steam rooms at fitness centers
  • Bars, dance clubs, and nightclubs
  • Beer gardens, breweries, wineries, and distilleries
  • Large capacity venues
  • Private party rooms
  • Festivals and parades
• Businesses must follow the sector guidelines issued by the Director of Labor Standards and the Commissioner of Public Health, and the previous COVID-19 Order No. 33.

Missouri:

(St. Louis County): St. Louis County Department of Public Health issued guidance for gyms, pools, and other sports which will be permitted to reopen on June 15th.

(Clay County): Clay County issued Public Health Orders 05272020 and 05312020, which went into effect on June 1, 2020, and will expire on June 15, 2020, at 11:59 p.m. Under these orders the county extended the Clay County Recovery Plan contained in Order 04292020, a phased approach to reopening; businesses engaged in retail sales, must limit the number of people in an establishment to:

• 25% or less of authorized occupancy for those with less than 10,000 sq. ft., or
• 10% or less of authorized occupancy for those with more than 10,000 sq. ft.

(Jackson County): Jackson County issued and order, which went into effect on June 1, 2020, and will expire on June 15, 2020, at 11:59 p.m. Under this order:

• Businesses engaged in retail sales, must limit the number of people in an establishment to:
  • 25% or less of authorized occupancy for those with less than 10,000 sq. ft., or
  • 10% or less of authorized occupancy for those with more than 10,000 sq. ft.
• Non-retail businesses including social and religious organizations, and gyms and fitness centers may reopen, but must limit capacity to
  • 50 people or 25% of their capacity, whichever is greater, for those with more than 10,000 sq. ft., or
  • 50 people or 50% of their capacity, whichever is greater, for those with less than 10,000 sq. ft.
• When reasonably achievable, all businesses are encouraged to collect the information of persons entering a facility.
• Food service establishments may offer dine-in services where:
  • Tables are 6’ apart
  • There is no communal seating area is used for individuals not connected
  • There are no more than 10 people per table
  • The written safety plan is posted at or near the front door or front entrance
• Businesses may refuse service to customers without masks or refuse to follow the safety plan.
• Swimming pools may also reopen if they limit their capacity to 50% of their authorized occupancy

Nevada:

Governor Steve Sisolak announced the approval of a comprehensive community-based testing, laboratory analysis, and contact tracing plan to support local, statewide, and tribal efforts to reopen and keep the Nevada economy open.

New York:

Governor Cuomo signed Executive Order 202.36 on Tuesday, June 2. The Order modifies Executive Order 202.7 to allow for the opening of barbershops and hair solons in Phase Two regions, subject to Department of Health guidance. The Order also allows “outdoor, low-risk recreational activities” to resume in Phase One regions and allows businesses that provide the activities to reopen there subject to Department of Health guidance.

Washington:

Governor Inslee released guidance for essential workforce education programs in Phase 1 and Phase 2. Essential workforce education programs are those included on the list of approved programs.

West Virginia:

On June 1, Governor Justice announced the beginning of Week 6 of the state’s Comeback plan. Week 6 will begin on June 5, and permit casinos and movie theaters to resume operations

On May 29, Governor Justice signed Executive Order No. 41-20, formally allowing scheduled businesses to reopen, with limitations, on May 30. Businesses permitted to reopen include:

• Spas and massages businesses;
• Limited video lottery retailers;
• Swimming pools; and
• Bowling alleys, pool halls, roller rinks, and other indoor amusement.

On May 29, Governor Justice announced that WVSSAC-sanctioned high school and middle school athletic programs and bands will be allowed to resume their summer training programs beginning June 8. The Governor also announced that low-contact outdoor youth sports and little league organizations will be permitted to resume practices on June 8.

On May 29, Governor Justice released guidance to movie theaters, scheduled to reopen on June 5.

June 1, 2020

Alaska:

Governor Dunleavy announced that Health Mandate 10 will be extended, which requires everyone arriving in Alaska to self-quarantine for 14 days to monitor for symptoms of COVID-19, to June 5.

California:

All but seven counties in the State have progressed further into Stage 2 of Governor Newsom’s re-opening process. In this “Expanded Stage 2,” retail stores may re-open and restaurants may resume dine-in services. The exact timeline for re-opening those businesses depends upon the re-opening process set forth in individual county plans.

Governor Newsom also took action to extend numerous legal deadlines for individuals and businesses through Executive Order N-66-20 (“Order”). Among those extended deadlines are the following:

• the license-renewal deadline for alcohol licenses is extended by 60 days, provided the licensee submits the license fee and any renewal penalty fees that may be due;
• the deadlines for annual fees, renewal fees, license expirations, and completing annual financial reports, for gambling businesses suspending operations during the pandemic emergency; and
• waives for additional 60 days the prohibition on driver’s license renewals via mail.

In addition, the Order requires the Department of Housing and Community Development (HCD) to waive certain regulations governing administration of Emergency Services Grant funding received under the CARES Act, develop alternative streamlined procedures, and implement reasonable accommodations for HCD-funded projects that have been negatively affected by the pandemic, to help ensure project feasibility.

Illinois:

Illinois moved into Phase 3 of Governor Pritzker’s Restore Illinois Plan on May 29. The Illinois Department of Commerce and Economic Opportunity released a Phase 3 Business Toolkit containing industry specific guidance for Illinois businesses transitioning into Phase 3. Friday, June 26 is the earliest date any Illinois region can move into Phase 4 of the Plan.

(Chicago): Chicago is expected to move into Phase 3 of Mayor Lightfoot’s Chicago-specific reopening framework on Wednesday, June 3. However, Mayor Lightfoot has announced that Chicago officials are considering pushing back the June 3 transition in light of ongoing protests in Chicago. At this point, no decision on delaying Chicago’s move into Phase 3 has been released. When Chicago does move into Phase 3, the following industry specific guidelines have been released to guide businesses:

• Education and Childcare
  • Childcare guidelines
• Office and Real Estate
  • Commercial buildings guidelines
  • Residential buildings guidelines
• Accommodation and Tourism
  • Hotel and accommodation guidelines
• Food Service
  • Food service guidelines
• Retail and Services
  • Retail guidelines
  • Personal services guidelines
  • Health and fitness clubs guidelines
• B2B
  • Manufacturing guidelines
  • Construction guidelines
  • Transportation and warehousing guidelines
• Healthcare
  • Healthcare guidelines
• Transportation
  • CTA guidelines
  • Taxi and ride hail guidelines
• Parks and Outdoor Attractions
  • Parks and outdoor attractions guidelines

Massachusetts:

(City of Boston): The City of Boston released their Return to Workplace Framework for commercial spaced in the city. This framework consist of recommendation for businesses, employers, and commercial landlords as the city continues reopening.

(Statewide): Governor Baked announced on Friday that he would be signing an additional executive order to which would lift some restrictions while still in Phase I of their reopening. The order will allow some Phase II employers to bring employees back in prior to the start of Phase II. The order will also provide additional requirements for Phase II businesses when they are permitted to open next week on June 8th.

Michigan:

Governor Whitmer signed Executive Order 2020-110, rescinding her Safer at Home order and moving the entire state to phase four of the MI Safe Start Plan.

The order will allow retailers to reopen on June 4 and restaurants to reopen on June 8, both subject to capacity limits. Day camps for children will likewise be permitted to open on June 8. Effective immediately, groups of 100 or less will be allowed gather outdoors with social distancing. Office work that is not capable of being performed remotely can resume. And in-home services, including housecleaning services, can resume operations.

Michiganders must continue to wear facial coverings when in enclosed public spaces and should continue to take all reasonable precautions to protect themselves, their loved ones, and the community. And they should continue to work from home to the maximum extent possible.

Subject to local regulation, gyms and fitness centers may conduct outdoor classes, practices, training sessions, or games, provided that coaches, spectators, and participants maintain six feet of distance from one another during these activities. Outdoor pools can also reopen, with restricted capacity.

Mississippi:

Governor Reeves signed Executive Order 1492, referred to as the Safe Return Order. It is effective June 1 through June 15. The new Order provides guidelines and limitations on how the State will begin to “reopen the economy.” Businesses are encouraged to continue utilizing telework or work from home procedures, and should continue following CDC and Mississippi State Health Department’s guidance related to COVID-19.

The Order provides guidance regarding the following:

• Group gatherings
• Travel
• Business operations
• Healthcare activities
• Outdoor recreational activities
• Indoor recreational activities, places of amusement
• Reception halls and conference centers
• Schools

Executive Order 1494 extends Executive Order 1471, which provides liability protections to healthcare professionals and healthcare facilitates, until June 15.

Missouri:

(St. Louis County): St. Louis County Department of Public Health announced that bars will be permitted to open June 8th and gyms, pools, and other sports will be permitted to reopen on June 15th.

Nevada:

Governor Steve Sisolak released revised industry-specific guidance on Phase 2 for the following industries to specifically address specific questions businesses may have: (1) aquatics; (2) bars; (3) bowling alleys; (4) camps; (5) closed events; (6) farmer’s markets; (7) fitness; (8) community and faith-based organizations; (9) guest rooms; (10) indoor malls; (11) indoor venues; (12) movie theatres; (13) outdoor equine and livestock competitions; (14) outdoor venues; (15) personal services; and (16) trade schools and technical schools.

New Hampshire:

On May 29, Governor Sununu issued an Order extending New Hampshire’s stay-at-home order until June 15, 2020. The May 29 Order also modifies guidelines for houses of worship, hotels, and day camps. In particular, the Governor’s Order Allows:

• Larger, in-person religious services to resume immediately, with a 40 percent occupancy limit in houses of worship, with physically distancing;
• Resumption of behind-the-wheel driver's education courses;
• Re-opening of day camps beginning June 22;
• Resumption of hotels and short-term rentals beginning June 5; and
• Reservations for Hotels and related businesses can begin June 5 (note that hotels and inns with fewer than 20 rooms can rent out at full capacity, however, those with more than 20 rooms are required to limit occupancy to 50 percent).

New Jersey:

On Saturday, May 30, Governor Murphy signed Executive Order No. 149, which over the coming weeks will allow for the resumption of child care services, youth day camps, and organized sports. Order No. 149 dictates that Executive Order No. 110, which required most child care centers to close, will be rescinded at 6:00 a.m. on June 15, 2020. The Department of Health will provide standards for COVID-19 related health and safety applicable in new jersey child care and youth summer camp settings.

Youth summer camps will be permitted to operate beginning Monday, July 6, 2020, provided that they comply with the Department of Health’s standards and other applicable statutes, regulations, and Executive Orders. Youth camp operators must submit an application for certificate of approval or renewal by June 15, 2020. Residential and overnight camps will continue to be prohibited from operating.

The Order also rescinds Executive Order No. 148’s prohibition on organized and contact sports effective June 22, 2020 “insofar as it applies to sporting activities in outdoor settings that do not involve person-to-person contact or routinely entail individuals interacting within six feet of one another.”

New Mexico:

Today, the New Mexico Department of Health extended the State’s stay-at-home order to June 30, 2020. The revised Public Health Order (“Order”) eases a number of additional restrictions on restaurants, retail businesses, exercise facilities, pools, and places of lodging.

Under the Order, restaurants may now provide indoor dine-in services. Just last week, restaurants were permitted to begin only outdoor dine-in services. Indoor operations must adhere to the same restrictions imposed on outdoor dining, including limiting capacity to 50% of the space’s maximum occupancy, maintaining six-foot distancing between tables, and limiting the number of patrons to six per table. Restaurants must continue to abide by the State’s COVID-Safe Practices guidance as well.

Bars and recreational facilities (movie theaters, amusement parks, concert venues), however, must remain closed. Bars are those establishments that derived more that 50% of their revenue in the prior calendar year from the sale of alcoholic beverages.

But for the first time since the pandemic began, gyms and similar exercise facilities, public swimming pools (for lane-swimming and lessons) may resume operations. Those businesses and places of lodging (hotels, motels, and short-term vacation rentals) must restrict occupancy to 50% of the maximum occupancy and implement COVID-Safe Practices.

Further, indoor shopping malls and other retail spaces may now re-open, subject 25% maximum-occupancy restrictions.

In all other respects the Order remains consistent with its prior iterations issued over the course of May.

North Carolina:

Governor Roy Cooper signed Executive Order No. 142 to extend the prohibition of utility shut-offs and implement a moratorium on evictions. The Order went into effect on May 30, 2020 and will remain in effect for three weeks for the evictions moratorium. The evictions moratorium prevents landlords from initiating summary ejections or other eviction proceedings against a tenant for nonpayment or late payment of rent. Landlords also may not charge late fees or other fees for non-payment. Additionally, interest cannot accrue while the Order is in effect. Instead, landlords must give tenants a minimum of six months to pay outstanding rent.

The utility moratorium lasts for 60 days and prohibits utility disconnections for all customers. It also prohibits billing or collection of late fees, penalties, and other charges for failure to pay. Repayment plans are extended for at least 6 months.

North Dakota:

Governor Burgum announced North Dakota will move to the next phase of its ND Smart Restart plan. Under the color-coded health guidance system in the ND Smart Restart plan, the change announced today moves the state out of the yellow, or moderate, risk level, and into the green, or low-risk, level – one level before the blue “new normal” level.

Notable aspects of the green risk level include:

• The recommendation for capacity in bars and restaurants increases from 50 percent to 75 percent.
• The recommendation for banquets/weddings increases from 50 percent occupancy up to 250 attendees, to 75 percent occupancy up to 500 attendees.
• Recommended movie theater capacity increases from 20 percent to 65 percent.
• Fitness centers may consider holding classes with high inhalation/exhalation exchange with social distancing, whereas those classes were not recommended under the yellow level.

Ohio:

Governor Mike DeWine and Amy Acton, MD, MPH, Director of the Ohio Department of Health, announced child care facilities may reopen as long as they meet all safety standards.

Rhode Island:

Governor Raimondo issued Executive Order 20-40 on May 29, 2020, which addresses Phase II of the state’s reopening plan to be effective Monday, June 1, 2020:

• Social Gathering Sizes
  • No more than fifteen (15) people are allowed in any public or private space.
• Travel
  • Anyone traveling to Rhode Island from outside the country for any reason must self-quarantine for 14 days;
  • Anyone traveling to Rhode Island for a non-work related purpose from any city, town, county or state that has a stay-at-home order in place must self-quarantine for 14 days. This does not apply to those traveling to Rhode Island for medical treatment, to attend a funeral or memorial service, to obtain necessities, to drop off or pick up children from day care, or anyone who must work on their boats.
• Office-Based Businesses
  • Up to 33% of workers (or up to 15 staff members, whichever is greater) may work on site at the same time as long as they physically distance.
• Non-Critical Retail Businesses
  • may allow up to one customer per 150 square feet of store area open to customers generally.
• Restaurants and Bars
  • They may only operate if they follow the Phase II requirements, found here.
  • The rule that a Class B licensee may only sell alcohol for consumption on the premises shall continue to be suspended. Class B licensees are permitted to sell, with take-out food orders, up to 2 bottles of wine, 144 ounces of beer or mixed beverages in original factory sealed containers, and 144 ounces of draft beer or 72 ounces of mixed beverages containing not more than 9 ounces of distilled spirits in sealed containers to prevent re-opening without obvious evidence that the seal was broken/removed.
  • Indoor dining capacity is limited to 50% of the establishment’s regular seating capacity. Parties are limited to 15 people, and up to 8 people may be seated at an individual table.
  • Serving standing customers (e.g., in a bar area) is prohibited with the exception of food pick-up.
  • Bars may only reopen for seated service.
  • All restaurants and bars operating in Phase II must develop a COVID-19 Control Plan (template available here).
• Personal Services Businesses
  • They may reopen subject to the Phase II requirements found here.
  • Any personal service where a mask cannot be work continuously are prohibited.
• Gyms and Fitness Centers
  • They may begin limited indoor re-openings subject to the Phase II requirements found here.
  • Outdoor group fitness activities are limited to one person per 150 square feet.
  • All gyms and fitness centers must develop a COVID-19 Control Plan (template available here).
• State Parks and Beaches
  • They all shall open subject to limits on use, parking, capacity and other restrictions found here.
• Indoor and Outdoor Places of Assembly
  • Recreation and entertainment establishments shall continue to cease in-person operations except as permitted by Phase II. Examples included theatres, concert halls, comedy clubs, arcades, clubs, sporting events, and bowling alleys.
  • Recreational businesses and historical/cultural establishments may conduct limited outdoor operations. Examples include mini-golf, batting cages, go-kart tracks, zoos, and historical sites.
  • All indoor and outdoor events must adhere to the social gathering limit of 15.
  • All recreational and entertainment establishments must develop a COVID-19 Control Plan.
• Houses of Worship
  • Notwithstanding the foregoing restrictions on places of assembly, all religious and faith-based organizations may resume indoor in-person activities up to 25% of worship space capacity and subject to the Phase II requirements.
  • All “houses of worship” must develop a COVID-19 Control Plan.
• Child Care Services
  • They may resume in small, stable groups pursuant to the regulations promulgated by the Rhode Island Department of Human Services.
• Elective Medical Procedures
  • They may continue pursuant to plans submitted by healthcare providers.
• Other Recommendations
  • The “vulnerable population” (individuals over the age of 65) is strongly advised to stay at home unless they must go outside for work, travel, or medical treatment/to obtain necessities;
  • Working from home is still strongly encouraged.
  • Outdoor dining and carry out is still strongly encouraged.
  • Outdoor fitness is preferred over indoor.

Texas:

(Austin): On May 29, 2020, Austin Mayor Steve Adler issued Order No. 20200529-012 (the “Order”), which extends Austin’s Stay at Home order through June 15. The Order requires individuals to stay at home or at their place of residence and to practice social distancing and face covering behaviors, subject to certain exceptions. The Order also requires all businesses or operations with facilities in the City of Austin, except Reopened Services, Essential Businesses, Essential Government Services, or Critical Infrastructure, to cease all activities within the City, except for Minimum Basic Operations, although Reopened Services and “Covered Services,” as defined in Governor Abbott’s Executive Order No. GA-23 and related supplemental order, may operate in compliance with certain limitations.

Washington:

The Stay Home, Stay Healthy order expired at 11:59 pm on May 31, 2020. Governor Inslee announced the state will transition to the Safe Start — Washington’s Phased Reopening. Effective June 1, counties may send an application to the secretary of Washington State Department of Health to advance to the next phase. Applications will be evaluated by a county’s ability to meet target metrics and will be considered holistically in their readiness and ability to respond. Under the plan, the secretary may approve a county’s request to move completely to the next phase or may only approve certain activities in the next phase.

Earlier, Governor Inslee announced that 23 proclamations, which were set to expire on May 31, 2020, would be extended to June 17, 2020. The proclamations that were extended are:

• 20-15.3: Waives/suspends statutes relating to in-person DOL eye examinations and renewals of drivers licenses. (original)
• 20-20.3: Waives/suspends laws and rules relating to tax penalties, fees, interest, and due dates in order to provide tax relief through the Department of Revenue. (original)
• 20-21.3: Waives/suspends statues/rules relating to a one-week waiting period to collect unemployment insurance. (original)
• 20-23.4: Waives/suspends laws relating to operation of utilities in order to provide relief to utility payers through UTC. (original)
• 20-26.3: Waives/suspends late penalties for tax payments for breweries/beer distributors and wine buyers on request from LCB. Prohibits LCB enforcement of the suspended provisions. (original)
• 20-27.3: Waives/suspends the effective date of SB 5641 (enacted 2019), which set Oct. 1, 2020, as the effective date to allow for electronic remote notary services. (original)
• 20-28.4: Waives/suspends aspects of the Open Public Meetings Act and the Public Records Act that require/allow in-person business transactions. (original)
• 20-29.3: Waives/suspends effective date of telemedicine parity bill passed in the 2020 legislative session, requiring parity between telemedicine visits and in-person doctor visits. (original)
• 20-30.3: Waives/suspends statutory job search requirements for applicants seeking unemployment insurance. (original)
• 20-31.3: Waives/suspends statutory fingerprint background check requirements for child care providers licensed by DCYF. (original)
• 20-32.3: Waives/suspends DOH statutory/regulatory requirements for health care workers to obtain ongoing continuing education/training to be licensed. (original)
• 20-33.5: Waives/suspends DCYF statutory/regulatory requirements that DCYF facilitate in-person visits for foster children with family/caseworkers and provide remedial services (family visits), for children in DCYF custody. (original)
• 20-34.3: Waives/suspends deadlines for local governments to file required annual financial reports with the State Auditor’s Office. (original)
• 20-37.3: Waives/Suspends laws/rules relating to registered nursing assistants training in nursing home facilities, allowing them to more easily begin working before being officially licensed. (original)
• 20-38.3: Waives/Suspends laws/rules that will allow DSHS to more easily register and license long-term care facilities. (original)
• 20-39.3: Waives/Suspends post-retirement statutory work limitations for experienced public employees to return to work or postpone retirement if they are in essential jobs. (original)
• 20-41.3: Waives/Suspends statutory deadlines for renewal of personal and commercial driver licenses, essentially extending the period in which people can renew their licenses. (original)
• 20-43.2: Suspends/Waives requirements relating to paying employees by mail, shared leave and telecommuting options for certain state employees, and waives accrued vacation time carryover limits. (original)
• 20-44.2: Suspends/Waives requirements so as to allow nursing homes to transfer/discharge residents to other long-term care facilities, even in cases in which a resident has appealed that transfer/discharge. (original)
• 20-48.2: Waives certain statutory barriers for renewing or extending commercial driver licenses and commercial learner permits to align with federal statutes waived by the Federal Motor Carrier Safety Administration. This allows commercial truckers to keep supply chains fully stocked. (original)
• 20-49.4: Protects CARES Act stimulus payments, as well as state and federal unemployment payments, from bank account garnishments. (original)
• 20-51.2: Waives/Suspends certain laws relating to the operation of utilities in order to provide relief to utility payers through the state Utilities and Transportation Commission (UTC). (original)
• 20-52.2: Formally extends the statutory waivers initially included in Proclamations 20-06, 20-10, 20-16, 20-17 and 20-18, which were extended together for administrative efficiency. (original)

May 29, 2020

Georgia:

Governor Kemp signed Executive Order 05.28.20.01, which renews and extends Executive Order 03.14.20.01 declaring a Public Health State of Emergency until July 12, 2020, and Executive Order 05.28.20.02, which is in effect from June 1, 2020 until June 15, 2020. Under the new order:

• The Georgia Department of Economic Development can provide guidance on whether a business is considered “critical infrastructure”
• Restaurants cannot have more than 10 patrons in the facility per 300 square feet of public space
• Live performance venues shall remain closed to the public
• Retail businesses, including food establishments, shall limit number of patrons to 50% of fire capacity occupancy of the entire store or 8 patrons per 1,000 square feet
• Indoor movie theaters, cinemas, bars and bowling alleys can operate, subject to additional safety measures and requirements
• Professional sports teams and organizations can operate solely pursuant to rules or guidelines that have be approved by the respective professional league of the sport
• Amateur sports teams and organization are required to follow guidelines for non-Critical Infrastructure organizations
• Water parks, traveling carnivals, circuses, and other temporary amusement rides cannot operation until June 12, 2020, and are subject to additional restrictions and requirements
• Dental practices and clinics shall adhere to American Dental Associations Interim guidance for Minimizing Risk of COVID-19 Transmission and Interim Mask and Face Shield Guidelines
• Licensed optometrists shall adhere to the American Optometric Association’s Practice Reactivation Preparedness Guide and the Georgia Optometric Associations COVID-19 guidelines
• Licensed opticians shall adhere to the Centers for Disease Control and Prevention’s Recommendation for Office Disinfection and Recommendations for Employers
• Schools and school districts offering summer school are not required to comply with the ban on Gatherings
• Child Care Learning Centers and Family Child Learning Homes shall maintain worker-child ratio established by the Georgia Department of Early Care and Learning

Illinois:

Illinois entered Phase 3 of Governor Pritzker’s Restore Illinois Plan today. In conjunction with Governor Pritzker, the Illinois Department of Commerce and Economic Opportunity has released a Phase 3 Business Toolkit. The toolkit contains industry specific guidance for Illinois businesses. This industry specific guidance provides a clearer and up-to-date overview of the changes under Phase 3. This guidance contains the following information:

• Boating and Fishing Guidelines
• Youth Sports Guidelines
• Tennis Facility and Player Safety Guidance
• Service Counter Guidelines
• Retail Guidelines
• Restaurant and Bars for Outdoor Dining Guidelines
• Personal Care Services Guidelines
• Outdoor Recreation Guidelines
• Offices Guidelines
• Manufacturing Guidelines
• Health and Fitness Business Guidelines
• Golf Operational Restrictions
• Day Camps Guidelines

Friday, June 26 is the earliest date any Illinois region can move into Phase 4 of the Plan.

Chicago has not entered Phase 3 of Governor Pritzker’s Plan. Rather, Chicago will move into Phase 3 of Mayor Lightfoot’s Chicago-specific reopening framework on Wednesday, June 3. Phase 3 of Mayor Lightfoot’s plan allows for the following industries to reopen in Chicago:

• Childcare centers and family childcare
• Non-lakefront parks (no contact sports)
• Libraries and other city services
• Office-based jobs, professional services, and real estate services
• Hotels / lodging
• Outdoor attractions, such as boating – not including the Playpen, non-Lakefront golf courses
• Non-essential retail
• Personal services, such as hair/nail salons, barbershops, tattoo parlors
• Restaurants and coffee shops (outdoor dining only)
• Manufacturing, construction, and warehousing
• Hospitals, dentists, community mental health centers, and Federally Qualified Health Centers
• Public transit, regional transit, taxis and rideshare
• Gyms (outdoor and 1:1 personal training only)

Mayor Lightfoot similarly released industry specific guidelines providing additional information for the following industries:

• Education and Childcare
  • Childcare guidelines
• Office and Real Estate
  • Commercial buildings guidelines
  • Residential buildings guidelines
• Accommodation and Tourism
  • Hotel and accommodation guidelines
• Food Service
  • Food service guidelines
• Retail and Services
  • Retail guidelines
  • Personal services guidelines
  • Health and fitness clubs guidelines
• B2B
  • Manufacturing guidelines
  • Construction guidelines
  • Transportation and warehousing guidelines
• Healthcare
  • Healthcare guidelines
• Transportation
  • CTA guidelines
  • Taxi and ride hail guidelines
• Parks and Outdoor Attractions
  • Parks and outdoor attractions guidelines

Kentucky:

Governor Beshear Kentucky Kingdom and a limited number of public pools will reopen June 29 with extensive precautions. Also Lake Cumberland State Resort Park, Lake Barkley State Resort Park, Blue Licks Battlefield State Resort Park, and Buckhorn Lake State Resort Park will be able to reopen on June 8. The Kentucky Horse Park will reopen on June 11, and host its first competitive horse show event without spectators from June 17 to June 21. Kentucky’s entire reopening schedule can be found here.

Missouri:

(Kansas City): Kansas City issued its Seventh Amended Order 20-01, which will take effect at 12:01 A.M. on May 31, 2020, and expires at 12:01 A.M on July 5, 2020. Under this new order:

• There is no distinction between essential businesses and non-essential businesses
• Businesses must limit occupancy to 50% or less of their capacity
• Businesses shall establish 6 foot spacing between areas of service where social distancing cannot be maintained
• Businesses may refuse customers without masks
• Employers must accommodate employees with health or safety concerns or who are responsible for minors if the employee:
  • Has an underlying condition,
  • Is the primary caregiver of someone with COVID-19 and qualifies under the Family Medical Leave Act, or
  • Is employed by a business with less than 500 employees and is eligible for paid leave to take care of a minor due to COVID-19.
• Other gatherings may resume, but must be limited to 50% of the listed capacity and maintain social distancing.

Nebraska:

Governor Ricketts announced the Get Nebraska Growing program, unveiling how the state will use and distribute $1.25 billion in federal coronavirus relief funds. Preliminary guidance is now available regarding the program and which entities are eligible.

Husch Blackwell’s in-depth update and analysis of the Get Nebraska Growing program is available here.

Nevada:

Governor Steve Sisolak released industry-specific guidance on Phase 2 for the following industries to specifically address specific questions businesses may have: (1) aquatics; (2) bars; (3) bowling alleys; (4) camps; (5) closed events; (6) farmer’s markets; (7) fitness; (8) community and faith-based organizations; (9) guest rooms; (10) indoor malls; (11) indoor venues; (12) movie theatres; (13) outdoor equine and livestock competitions; (14) outdoor venues; (15) personal services; and (16) trade schools and technical schools.

New York:

Governor Cuomo today signed Executive Orders No. 202.34 and No. 202.35 on Friday, May 29. Order No. 202.34 extends New York on PAUSE, which requires postponement, cancellation, or restriction on size of all non-essential gatherings of more than ten individuals, “until and unless later amended” by a future order. The Order notes, though, that as soon as a region meets the prescribed public health and safety metrics, as determined by the Department of Health, they will be eligible for Phase One reopening.

As of May 28, 2020, the regions meeting the prescribed public health and safety metrics required for Phase One reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, North Country, Western New York, Capital Region, Mid-Hudson, and Long Island. Such regions include the counties of Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates, Cayuga, Cortland, Madison, Onondaga, Oswego, Fulton, Herkimer, Montgomery, Oneida, Otsego, Schoharie, Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, Tompkins, Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, St. Lawrence, Allegany, Cattaraugus, Chautauqua, Erie, Niagara, Albany, Columbia, Greene, Saratoga, Schenectady, Rensselaer, Warren, Washington, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester, Nassau, and Suffolk. Any additional regions that later meet the criteria will be incorporated into the Order and will be permitted to re-open Phase One industries.

Order No. 202.35 also extends New York On PAUSE “until and unless later amended” by a future order. It adds that effective at 1:00 p.m. on May 29, 2020 the reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to Phase Two industries. Phase Two industries include, for example, Professional Services, Administrative Support, Retail In-store Shopping, and limited services from Barbershops and Hair Salons. Order 202.35 notes that as of May 29, 2020 the regions meeting the prescribed public health and safety metrics required for Phase Two reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions that meet the criteria later will be incorporated into the Order and will be permitted to re-open Phase Two industries.

North Carolina:

Governor Roy Cooper announced that North Carolina has received a $6 million federal grant to support jobs and workforce training to help address the impacts of the COVID-19 pandemic. Through the grant, eligible North Carolina residents may receive certain employment services or workforce training for industries that are hiring workers.

Oklahoma:

Governor Stitt announced that Oklahoma will move into Phase 3 of his three-phase plan to reopen Oklahoma on Monday, June 1. Phase 3 includes the following:

Individual guidance:

• Citizens should minimize time spent in crowded environments and continue following CDC guidelines regarding social distancing
• If you are over 65 or part of a vulnerable population, continue following safer-at-home policies.
• Visitation to hospitals is allowed within the guidelines provided in the OURS plan.
• Visitation to senior care facilities, except for end-of-life situations, will be prohibited until affirmatively lifted by Executive Order

Employer guidance:

• Summer camps (church and school) can open
• Businesses can resume unrestricted staffing at their worksites by observing proper CDC-recommended social distancing protocols and are recommended to continue increased cleaning and disinfecting practices.
• Suggested guidelines regarding use of masks and other personal protective equipment can be found on the CDC website along with the Oklahoma Department of Commerce website.
• Businesses operating by appointment only may begin operating by appointment and walk-in at their discretion.

Specific Employer guidance:

• Visits to Senior Care Facilities should still be prohibited until the task force completes cleaning and testing protocols across the state. When this is completed, it will be posted on the Oklahoma Department of Commerce and the Oklahoma Department of Health websites.
• Visits to hospitals shall be subject to the following limitations.
  • In response to the COVID-19 pandemic, health care facilities (hospitals, ambulatory surgery centers, outpatient diagnostic centers, and clinics) are uniquely charged with protecting both the health of those they serve and the health of their caregivers. As an essential part of the front line to stopping the community spread of COVID-19, health care facilities should maintain compliance with current CDC guidelines regarding limiting visitation to their facilities through the establishment of policies that limit the number of people who may access their facility.
  • Depending upon the prevalence of community spread and number of suspected or confirmed COVID-19 patients in the facility, in consultation with medical staff, the facility shall determine the visitation policies. If determined that it is safe for the patient and the staff, the following visitation will be allowed in Phases 2 and 3 of the OURS plan:
    • Each patient may be permitted one adult Patient Representative to support and assist the patient with receipt of care. The Patient Representative should be the same throughout the admission or visit.
      • Additional Patient Representatives may be permitted if exceptional circumstances warrant consideration and in compliance with facility policy.
      • Patient Representatives shall be subject to any screening procedures required by the facility including temperature screenings, observance of hand hygiene practices, and the wearing of their own mask at all times while in the facility.
    • The facility may further limit access to patients when Patient Representatives fail to follow facility policy.
    • Social distancing is required at all times.

Oregon:

Governor Brown announced that Washington County can being entering Phase 1 of reopening on June 1.

Pennsylvania:

At 12:01 a.m. on Friday, May 29, eighteen counties moved to the green phase of the Process to Reopen Pennsylvania. Those counties were Bradford, Cameron, Centre, Clarion, Clearfield, Crawford, Elk, Forest, Jefferson, Lawrence, McKean, Montour, Potter, Snyder, Sullivan, Tioga, Venango, and Warren. Eight additional counties moved to the yellow phase. Those counties were Dauphin, Franklin, Huntingdon, Lebanon, Luzerne, Monroe, Pike, and Schuylkill.

On Friday, May 29, Governor Wolf also announced sixteen more counties will move to the green phase on Friday, June 5. Those Counties will be Allegheny, Armstrong, Bedford, Blair, Butler, Cambria, Clinton, Fayette, Fulton, Greene, Indiana, Lycoming, Mercer, Somerset, Washington, and Westmoreland.

Utah:

Governor Gary Herbert issued an Executive Order updating guidelines for areas in in low health risk designation under Utah’s phased health guidance plan. The order states:

• All Counties are Yellow (Low Risk) under the Phased Guidelines, except for Salt Lake City, Grand County, West Valley City, and Magna metro township, which are all Orange (Moderate Risk).
• Any reference in the Phased Guidelines to the use of a mask or face covering is adopted as an order with respect to each individual acting as an employee of a business when unable to maintain 6 feet of distance from another individual, and each individual in a healthcare setting. It’s also a strong recommendation with respect to everyone else.
• A political subdivision desiring an exception to the Order or Phased Guidelines can submit a request and justification for it through the Local Health Department to the Utah Department of Health.
• The order expires at 11:59 p.m. on June 5, 2020, and can be found here.

A press release was also issued yesterday, noting the governor had updated the Phased Guidelines. The updates are as follows:

• The updated guidelines say reopening of K-12 schools is anticipated for the 2020-2021 academic year, including sporting events, activities, and in-person graduations, in areas that remain Yellow (Low Risk). Faculty and staff will need to wear face coverings when social distancing isn’t possible.
• Higher education campuses may open for in-person classes in areas that remain Yellow (Low-Risk).
• Social interactions in groups of 50 or fewer are permitted in areas that remain Yellow (Low-Risk); groups of 20 or fewer may gather in Orange (Moderate Risk) areas.
• The Updated Guidelines can be found here.

Vermont:

Today, Governor Scott signed Addendum 16 to Executive Order 01-20, titled “Close Contact Businesses; Large Social Gatherings.” The order indicates as of June 1, 2020, social gatherings of up to 25 people are permitted in any indoor or outdoor confined space. However, the Agency of Commerce and Community Development (ACCD)’s occupancy limits for retail, recreational, dining, worship, event spaces, and other businesses still applies as well as social distancing requirements.

The order remains in effect until June 15, 2020.

Virginia:

Virginia Governor Ralph Northam announced in a press conference today that Richmond, northern Virginia, and Accomcak County will join the rest of the state in Phase One of reopening this Friday He also said the earliest the rest of the state could enter Phase Two would be Friday, June 5.

Regarding the Executive Order 63, issued Tuesday, mentioned in the email below, it states that beginning Friday, May 29th, everyone ages 10 and up will be required to wear masks in the following places:

• Inside all brick and mortar retail establishments (essential and nonessential);
• Inside all personal care and grooming establishments (salons, spas, massage and tanning salons, tattoo, shops, etc.);
• Inside places where people congregate (this doesn’t apply to residences);
• Inside food and beverage establishments, except when eating;
• Inside entertainment or recreation businesses (racetracks, horse racing facilities, theaters, museums, bowling alleys, skating rinks, arcades, amusement parks, public and private social clubs, aquariums, escape rooms, arts and craft facilities, performing arts centers concert venues, and all places of indoor amusement and entertainment; face coverings are required at outdoor businesses if a distance of 6 ft. from every person can’t be maintained);
• On public transportation (includes train stations, taxis, cars for hire, rideshares, any waiting areas associated with boarding; this doesn’t apply in areas under federal jurisdiction or control); and
• When accessing state or local services to secure public services (doesn’t include students in daycare centers or schools, or colleges).
• Press release.
• Executive order.

Masks will not be required to be worn while eating and drinking or while exercising. People who have trouble breathing, or are unable to remove the mask without help, are exempt from the requirement, as are people whose health conditions prevent them from wearing one. People do not have to wear masks when communicating with the hearing impaired, and can temporarily remove them when necessary to secure government or medical services. Face coverings may be removed to participate in religious rituals. Employees of the Department of Labor and Industry are exempt from these requirements.

The Virginia Department of Health will enforce the mask requirements, not law enforcement agencies; violation is punishable as a Class 1 misdemeanor.

Wyoming:

Governor Gordan has announced that beginning June 1, 2020, outdoor gatherings with up to 250 people are permitted. This includes sporting events and rodeos. Hosts of these events will be required to screen employees for COVID-19 symptoms and provide proper personal protective equipment (PPE). Food and beverage service is also permitted so long as the guidance is followed. Indoor events and gatherings, with the exception of places of worship, are restricted to groups of 25 or fewer.

Also, effective June 1, restaurants, food courts, cafes, etc. may resume allowing on-site food and beverage consumption under the following conditions:

• All guests are seated at tables;
• Groups are limited to 6 people at one table (businesses are the exception if all group members reside in the same household);
• Tables are spaced at least 6 feet apart but preferably 10 feet on all sides;
• Signage is posted throughout the facility reminding people to practice social distancing and at the entrance to the building;
• Staff working within 6 feet of other staff or customers must wear face coverings and perform hand hygiene between interactions;
• Cups, lids, napkins, and straws must be directly provided to customers by staff (i.e. so self-dispensing stations);
• All menus, tables, chairs, and other tabletop items (condiments, salt and pepper shakers, etc.) must be sanitized between each guest(s);
• Hand sanitizer must be available at the entrance and near all bathrooms:
• No self-serve food services or buffets are available unless the food is pre-packaged, and new cups/glassware must be obtained for refills;
• Gloves are required when handling ready-to-eat food; and
• Playgrounds remain closed and no karaoke, darts, pool games, or dances may take place.

Gymnasiums and fitness centers may also begin to reopen on a limited basis. Staff must wear face coverings if within 6 feet of patrons and be screened for illnesses. Locker rooms may be used group classes are limited to 25 people. However, saunas and spas must remain closed. Finally, theaters and concert halls may reopen under certain conditions. Finally, childcare centers may also reopen and K-12 schools, colleges, or trade schools may resume in person classes beginning June 15 under certain conditions.

There are also new public health orders for businesses which provide personal care services which are effective June 1-June 15, 2020.

May 28, 2020

Colorado:

The Colorado Department of Health and Environment issued a revised Public Health Order (“PHO”) on Wednesday in response to Governor Polis’ revision of the State’s Stay at Home Order. The PHO clarifies the rules that all restaurants must follow in order to resume dine-in service and authorizes the resumption of day and summer camps, as well as youth-sports leagues. The PHO will expire on June 1.

The PHO establishes that all outdoor and indoor dine-in services must adhere to a variety of operational requirements, including the following:

• post signage notifying patrons and employees of hygiene and sanitation expectations, including not entering if they are experiencing any symptoms;
• require patrons in different parties to be a minimum of 6 feet apart and spacing tables a minimum of 6 feet to ensure proper distancing;
• limit party size to 8 people or less;
• ensure that all employees must wear facial coverings that cover the nose and mouth; and
• clean and disinfect all shared surfaces between seatings.

Contrary to the State’s preliminary guidance for indoor dining, the PHO requires only two additional measures for those services. First, the restaurant must limit service to no more than 50% indoor posted occupancy code limit, or no more than 50 people total, whichever is less. Next, a restaurant must ensure proper ventilation in accordance with OSHA guidance.

Connecticut:

On May 26, Governor Lamont released his Reopen Connecticut report, which contains recommendations from the Reopen Connecticut Advisory Group – the panel of local health, business, workforce, and education experts who provided his administration and legislative leadership with recommendations on the reopening of Connecticut’s economy and education system. The report lays out three phases for reopening Connecticut, specifying that it is already in Phase 1 as of May 20. Under Phase 1, restaurants may open outdoor seating, non-essential retail may open, as well as offices, museums, zoos, outdoor recreation, and hair salons (on June 1).

Hawaii:

Governor Ige has announced his approval of proposals from the following counties to reopen certain businesses:

• Honolulu City and County: Governor Ige has approved Mayor Kirk Caldwell’s request that personal service providers, including barbers, hair dressers, nail technicians, tattoo artists, and other beauty operators, resume operations (with modifications) starting on May 29, 2020. Governor Ige has also approved the reopening (with limitations) of outdoor attractions, including sea life attractions, water parks, pools, campgrounds, people’s open markets, shooting and archery ranges, and similar outdoor facilities, starting May 28, 2020. Further, beginning June 5, 2020, businesses or commercial businesses (in addition to restaurants), may resume non-commercial gatherings of 10 or less people, regardless of household.
  
  Mayor Caldwell’s Emergency Order No. 2020-14 corresponds with the Governor’s announcement and was signed, in approval, by Governor Ige.
   
• Maui County: Governor Ige has approved Mayor Victorino’s request to reopen most business and services (with modifications). Bars and nightclubs, theatres, public gathering venues, banquet halls, and county community centers and gymnasiums remain closed. Public areas such as clubhouses, dog parks, playgrounds and skate parks, all county and beach parks, and select county pools will also open.
  
  Mayor Victorino’s Amended Public Health Emergency Rules correspond with Governor Ige’s announcement and were signed by the Governor.
   
• Hawaii County: Governor Ige has approved Mayor Kim’s proposal to reopen (with modifications) places of worship, personal services (such as salons, barber shops, and beauty operations), and restaurants (including food courts, but excluding bars and nightclubs), beginning June 1, 2020.
  
  Mayor Kim’s Emergency Rule No. 5 corresponds with Governor Ige’s announcement and was signed, in a concurrence, by the Governor.
   
• Kauai County: Governor Ige has approved Mayor Kawakami’s proposal to reopen (with modifications) pools, places of worship, outdoor tour activities, salons and barbershops, cleaning and construction work, and one-on-one personal services, such as fitness, tutoring, and music lessons, beginning May 22, 2020.
  
  Mayor Kawakami’s issued an Emergency Rule #10 corresponds with Governor Ige’s announcement and was signed, in a concurrence, by the Governor.

(Honolulu City and County): Mayor Caldwell issued an Executive Order which requires city residents to stay at home, except for essential activities or essential governmental functions, or to operate or visit essential or designated businesses and operations. Effective immediately, outdoor gatherings of up to 10 individuals (regardless of household), are now permitted, and effective June 5, 2020, indoor residential and noncommercial gatherings of up to 10 individuals (regardless of households) are permitted, provided physical distancing is maintained between separate gatherings. Parks may reopen, as determined by the City’s Department of Parks and Recreation. The order expands the list of designated businesses authorized to resume operation to include beaches (starting May 16, 2020), certain real estate services (starting June 5, 2020), food court dining areas in shopping malls (starting June 5, 2020), open areas and pools, in-person spiritual services, restaurants (which may resume table service dining beginning June 5, 2020), outdoor attractions, personal service providers, and business offices. The order includes specific requirements for businesses that resume operation, and amends some requirements for those previously authorized to operate. The Order takes effect on May 28, 2020, and continues through June 30, 2020.

Illinois:

Governor Pritzker announced at his daily press conference that Illinois will move into Phase 3 of his Restore Illinois Plan tomorrow, May 29. In conjunction with Governor Pritzker, the Illinois Department of Commerce and Economic Opportunity has released a Phase 3 Business Toolkit. The toolkit contains industry specific guidance for Illinois businesses. Given Governor Pritzker’s changes to Phase 3 which are not represented in the original Restore Illinois Plan, the industry specific guidance provides a clearer and up-to-date overview of the changes to come under Phase 3. This guidance contains the following information:

• Boating and Fishing Guidelines
• Youth Sports Guidelines
• Tennis Facility and Player Safety Guidance
• Service Counter Guidelines
• Retail Guidelines
• Restaurant and Bars for Outdoor Dining Guidelines
• Personal Care Services Guidelines
• Outdoor Recreation Guidelines
• Offices Guidelines
• Manufacturing Guidelines
• Health and Fitness Business Guidelines
• Golf Operational Restrictions
• Day Camps Guidelines

Friday, June 26 is the earliest date any Illinois region can move into Phase 4 of the Plan. Governor Pritzker also acknowledged that individual cities and counties are permitted to impose restrictions beyond that of his Plan.

(Chicago): While Chicago is eligible to progress into Phase 3 of Governor Pritzker’s Restore Illinois Plan with the rest of Illinois on Friday, it will not do so. Instead, Mayor Lightfoot announced today that Chicago will move into Phase 3 of her Chicago-specific reopening framework on June 3. Mayor Lightfoot has also released industry specific guidance for Chicago businesses under Phase 3 of her framework. Phase 3 allows for the following industries to reopen in Chicago:

• Childcare centers and family childcare
• Non-lakefront parks (no contact sports)
• Libraries and other city services
• Office-based jobs, professional services, and real estate services
• Hotels / lodging
• Outdoor attractions, such as boating – not including the Playpen, non-Lakefront golf courses
• Non-essential retail
• Personal services, such as hair/nail salons, barbershops, tattoo parlors
• Restaurants and coffee shops (outdoor dining only)
• Manufacturing, construction, and warehousing
• Hospitals, dentists, community mental health centers, and Federally Qualified Health Centers
• Public transit, regional transit, taxis and rideshare
• Gyms (outdoor and 1:1 personal training only)

Maine:

Due to recent COVID-19 trends, on May 27, Governor Mills announced a delay for restaurant dine-in services in three counties: Cumberland, York and Androscoggin. Dine-in service in those counties had been scheduled to begin Monday, but these restaurants will only be allowed to offer outdoor dining. Other than restaurant restrictions in three counties, Phase 2 of Maine’s re-opening plan will continue as planned on June 1.

Maryland:

Prince George’s County officials stated today that the county will lift its stay-at-home order on June 1, the D.C. suburb’s first step in its gradual reopening. Similarly, Montgomery County will also begin its phased reopening on June 1. In both counties, curbside pickup will be allowed for non-essential retail stores, and outdoor dining will be permitted at restaurants.

Minnesota:

Governor Walz signed Emergency Executive Order 20-63, which rescinds Executive Orders 20-04, 20-08, 20-18, 20-52, 20-56, and 20-62 as of May 31, 2020 at 11:59pm. The new order’s provisions go into effect on Sunday, May 31, 2020 at 11:59pm, as well, and include the following:

• Gatherings of more than 10 people are prohibited, unless they are for government activities, drive-in gatherings, weddings, funerals, worship services, and tribal activities. All activities must follow the CDC guidelines and maintain 6 feet of physical distancing between persons, among other requirements.
• The temporary closure of bars, restaurants, and other places of public accommodations is extended.
• Critical businesses may continue to operate in the same manner.
• Non-critical businesses choosing to remain open must establish and implement a COVID-19 Preparedness Plan.
• Work from home, where possible, is strongly encouraged.

Mississippi:

Governor Reeves announced a new “Safe Return” Order in Executive Order 1492. The Order goes into effect on June 1, 2020. It urges high risk and elderly individuals to remain “safer at home.” The order directs that for gatherings where social distancing cannot be assured, indoor activities must not consist of more than 20 people, and outdoor activities no more than 50.

All businesses and non-profits are allowed to open, following CDC and Mississippi State Department of Health guidance, though they are encouraged to continue allowing employees to work from home or telework. Retail businesses should continue limiting customers in their stores to 50% capacity and make hand sanitizer available upon entry. Restaurants and bars may remain open but must continue following previous guidance.

Missouri:

(Clay County): Clay County announced that it will be moving to the second step of phase 2 in its recovery plan starting June 1. In this phase Bars, restaurants, gyms, fitness centers and churches, will be allowed to operate at 50% capacity. Also, Mass gathering are permitted up to 50 participants observing social distancing.

(Kansas City): Kansas City Mayor Quinton Lucas announced that he will be signing an order to extend the current order with modifications to align with jurisdictions around Kansas City. This order will allow almost all businesses to increase their capacity to 50% and will get rid of the current distinction between essential and non-essential businesses.

(Boone County): Boone county along with the City of Columbia, Missouri issued amended Business Guidance to assist businesses in the process of reopening under the city and county’s orders.

New Mexico:

Governor Lujan generally lifted restrictions on restaurants to allow for outdoor dining starting May 27 through at least June 1. Bars, however, remain prohibited from offering outdoor dine-in services under the State’s revised Public Health Order, which may be revised again on June 1.

Under the amended order, restaurants may offer dine-in service in outdoor seating areas at up to 50 percent of their outdoor area fire code occupancy. Restaurants must also adhere to the following requirements:

• No dine-in service may be provided in indoor seating areas.
• Outdoor dine-in service may only be provided to patrons who are seated.
• Tables must be placed with at least six feet of distance between one another.
• No more than six patrons may be seated at any single table.
• No bar or counter seating is permitted.

In addition, restaurants must continue to comply with the State’s COVID-Safe practices guidance issued by the State last week.

Ohio:

Governor Mike DeWine announced a plan to lift restrictions on visitation at assisted living homes in Ohio. Beginning on June 8, 2020, properly prepared assisted living facilities and intermediate care facilities for individuals with developmental disabilities can begin to allow outdoor visitation. The lifted restrictions do not yet apply to nursing homes.

Oregon:

The Oregon Department of Consumer and Business Services’ Division of Financial Regulation issued emergency orders and a summary chart for property and casualty, long-term care, and life and disability insurance. These orders transition the most common insurance policies from rolling 30-day grace periods established by the original March 25 emergency order to specific grace periods and specific number of days that claims must be paid for each type of insurance.

Pennsylvania:

At 12:01 a.m. on Friday, May 29, eighteen counties will move to the green phase of the Process to Reopen Pennsylvania. Those counties are Bradford, Cameron, Centre, Clarion, Clearfield, Crawford, Elk, Forest, Jefferson, Lawrence, McKean, Montour, Potter, Snyder, Sullivan, Tioga, Venango, and Warren.

On Wednesday, May 27, Governor Wolf issued guidance on the reopening process for green phase counties along with guidance on dining in green and yellow phase counties, and professional sports operations in yellow phase counties.

Governor Wolf’s administration also announced that the counties that remain in the red phase – Berks, Bucks, Chester, Delaware, Lackawanna, Lancaster, Lehigh, Northampton, Montgomery, and Philadelphia counties – “are expected to move to yellow” by Friday, June 5.

Rhode Island:

Governor Raimondo issued Executive Order 20-38 on May 27, 2020 that extends Executive Order 20-29 (Twenty-Sixth Supplemental Emergency Declaration – Promoting Better Coordination of Health Care Coverage) until June 26, 2020.

South Carolina:

Governor McMaster issued Executive Order No. 2020-38 on May 27, 2020. It directs the continued closure of all public schools, as well charter schools and residential programs at the Governor’s School for the Arts and Humanities, Governor’s School for Science and Mathematics, and the School for the Deaf and Blind. It also continues to suspend certain rules and regulations for commercial vehicles and operators of commercial vehicles. The order is to be in effect for 15 days.

Texas:

Governor Abbott issued another proclamation expanding additional services and activities that can open under Phase Two of the plan to reopen Texas as set forth in the Governor’s Executive Order GA-23. Per the proclamation, for all Texas counties except Deaf Smith, El Paso, Moore, Potter, and Randall Counties, outdoor motorsports events may resume at up to 25% of normal operating limits if they operate under guidelines that facilitate appropriate social distancing. Beginning Sunday, May 31, all professional sporting events may resume provided that they: (i) operate at up to 25% of the normal operating limits as determined by the venue owner for outdoor events or, for indoor events, with no spectators physically present on the premises of the venue; (ii) operate under guidelines that facilitate appropriate social distancing; and (iii) submit a plan to Texas Department of State Health Services (DSHS) that incorporates minimum standard health protocols recommended by DSHS as applicable.

Minimum standard health protocols are recommended by the DSHS for reopened services under Phase Two. For a full list of guidelines and protocols applicable to the service, see the Open Texas Checklists.

Utah:

On Wednesday, May 27, Governor Gary Herbert issued an Executive Order updating guidelines for areas in in low health risk designation under Utah’s phased health guidance plan. The order states:

• All Counties are Yellow (Low Risk) under the Phased Guidelines, except for Salt Lake City, Grand County, West Valley City, and Magna metro township, which are all Orange (Moderate Risk).
• Any reference in the Phased Guidelines to the use of a mask or face covering is adopted as an order with respect to each individual acting as an employee of a business when unable to maintain 6 feet of distance from another individual, and each individual in a healthcare setting. It’s also a strong recommendation with respect to everyone else.
• A political subdivision desiring an exception to the Order or Phased Guidelines can submit a request and justification for it through the Local Health Department to the Utah Department of Health.
• The order expires at 11:59 p.m. on June 5, 2020

A press release was also issued, noting the governor had updated the Phased Guidelines. The updates are as follows:

• The updated guidelines say reopening of K-12 schools is anticipated for the 2020-2021 academic year, including sporting events, activities, and in-person graduations, in areas that remain Yellow (Low Risk). Faculty and staff will need to wear face coverings when social distancing isn’t possible.
• Higher education campuses may open for in-person classes in areas that remain Yellow (Low-Risk).
• Social interactions in groups of 50 or fewer are permitted in areas that remain Yellow (Low-Risk); groups of 20 or fewer may gather in Orange (Moderate Risk) areas.

Virginia:

Governor Ralph Northam announced in a press conference today that Richmond, northern Virginia, and Accomcak County will join the rest of the state in Phase One of reopening this Friday He also said the earliest the rest of the state could enter Phase Two would be Friday, June 5.

The Executive Order 63, issued Tuesday, states that beginning Friday, May 29, everyone ages 10 and up will be required to wear masks in the following places:

• Inside all brick and mortar retail establishments (essential and nonessential);
• Inside all personal care and grooming establishments (salons, spas, massage and tanning salons, tattoo, shops, etc.);
• Inside places where people congregate (this doesn’t apply to residences);
• Inside food and beverage establishments, except when eating;
• Inside entertainment or recreation businesses (racetracks, horse racing facilities, theaters, museums, bowling alleys, skating rinks, arcades, amusement parks, public and private social clubs, aquariums, escape rooms, arts and craft facilities, performing arts centers concert venues, and all places of indoor amusement and entertainment; face coverings are required at outdoor businesses if a distance of 6 ft. from every person can’t be maintained);
• On public transportation (includes train stations, taxis, cars for hire, rideshares, any waiting areas associated with boarding; this doesn’t apply in areas under federal jurisdiction or control); and
• When accessing state or local services to secure public services (doesn’t include students in daycare centers or schools, or colleges).

Masks will not be required to be worn while eating and drinking or while exercising. People who have trouble breathing, or are unable to remove the mask without help, are exempt from the requirement, as are people whose health conditions prevent them from wearing one. People do not have to wear masks when communicating with the hearing impaired, and can temporarily remove them when necessary to secure government or medical services. Face coverings may be removed to participate in religious rituals. Employees of the Department of Labor and Industry are exempt from these requirements.

The Virginia Department of Health will enforce the mask requirements, not law enforcement agencies; violation is punishable as a Class 1 misdemeanor.

Washington:

Governor Inslee signed a proclamation which waives and suspends any and all provisions in agreements between the governor of the State of Washington and an Indian Tribe or Tribes restricting the use of fuel tax refund monies to highway- or transportation-related purposes. The proclamation is effective immediately, and will expire at 11:59 PM on June 27, 2020.

Governor Inslee also released the state’s plan for religious and faith-based services under Phase 1 and Phase 2 of Washington’s “Safe Start” reopening plan. Beginning on May 27, 2020, Phase 1 counties may host up to 100 people for outdoor services. Those in Phase 2 may host indoor services at 25% capacity or 50 individuals, whichever is less, and hold in-home services with up to 5 people.

West Virginia:

On May 26, Governor Justice announced the launch of Week 5 of the state’s “Comeback” plan. Governor Justice also announced that beginning on May 30, the following businesses may resume operations:

• Spas and massage businesses;
• Limited video lottery retailers;
• Swimming pools; and
• Bowling Alleys, pool halls, roller rinks, and other places with indoor amusement.

May 27, 2020

District of Columbia:

On Tuesday, May 26, 2020, Mayor Muriel Bowser announced that DC could begin its phased reopening, ReOpen DC, on Friday May 29, 2020. The Mayor noted that Phase 1 is only possible if a spike in cases does not take place before Friday. The other metrics required for opening have been met: low transmission rate, testing capacity, health care system capacity, and public health system capacity.

Under Phase 1, hotels and construction sites may open with safeguards. Office spaces are still strongly recommended to work from home. Restaurants may open outdoor seating with physical distancing and safeguards. Personal services, such as barbershops and hair salons, may reopen by appointment with strong safeguards and physical distancing of 5 people per 1,000 sq. ft. Non-essential retailers can open for curbside and delivery. Bars and nightclubs, outdoor large gatherings, indoor venues, gyms, and pools will remain closed. Parks and recreation will reopen with safeguards, but playgrounds will remain closed.

Illinois:

Illinois is set to move into Phase 3 of Governor Pritzker’s Restore Illinois Plan this Friday, May 29. The Illinois Department of Commerce and Economic Opportunity has released a Phase 3 Business Toolkit. The toolkit contains industry specific guidance for Illinois businesses transitioning under Phase 3.

(Chicago): Chicago Mayor Lightfoot released industry specific guidance for businesses as Chicago prepares to move into Phase 3 of her reopening framework in early to mid-June. This guidance lists the following industries which will open under Phase 3:

• Childcare centers and family childcare
• Non-lakefront parks (no contact sports)
• Libraries and other city services
• Office-based jobs, professional services, and real estate services
• Hotels / lodging
• Outdoor attractions (e.g., boating – not including the Playpen, non-Lakefront golf courses)
• Non-essential retail
• Personal services (e.g., hair/nail salons, barbershops, tattoo parlors)
• Restaurants and coffee shops (outdoor dining only)
• Manufacturing, construction, and warehousing
• Hospitals, dentists, community mental health centers, and Federally Qualified Health Centers
• Public transit, regional transit, taxis and rideshare
• Gyms (outdoor and 1:1 personal training only)

Namely, Chicago will not move into Phase 3 of Governor Pritzker’s Restore Illinois Plan with the rest of Illinois on May 29.

Maryland:

Unlike most of the region, Maryland’s Montgomery County, its most populous jurisdiction, will remain under a stay-at-home order. County officials said they are not ready to begin reopening on Friday, but may move toward reopening to Phase One next week. Similarly, Prince George’s County has also stated that it does not intend to lift its stay-at-home order on Friday.

Nevada:

Governor Steve Sisolak announced that Nevada is ready to move into Phase 2 of the state’s Nevada United: Roadmap to Recovery reopening plan on Friday, May 29. Phase 2 will allow gatherings of no more than 50 people. Furthermore, in Phase 2, employees will continue to be required to wear a face covering. Similar to Phase 1, the Governor states that Phase 2 will last 2-3 weeks as the Governor monitors the data and evaluate trends and progress.

Businesses that will be required to remain closed during Phase 2 include: (1) adult entertainment establishments; (2) brothels; (3) nightclubs and day clubs; and (4) live sporting event venues and live performance venues with spectators.

Gyms, fitness facilities and other studios may reopen in Phase 2. If a smaller gym or studio can only accommodate 10 or less people, they may only do so if they can adhere to the social distancing requirements and keep 6 feet of distance between all individuals. Aquatic facilities, water parks, and swimming pools may also reopen. Larger gyms are capped at 50% of occupancy per fire code and must also adhere to the strict social. distancing requirements. Additionally, equipment must be regulated to ensure 6 feet of social distancing. Locker rooms shall be closed except for restrooms. Finally, youth sports and recreation will be able to open at some point in Phase 2.

All of the same restrictions on restaurants and food establishments are continued in Phase 2. However, bar areas in restaurants may reopen, and bars/taverns that do not serve food may reopen under the same restrictions as restaurants, with a 50% maximum capacity and strict social distancing. Patrons will not be allowed to walk up and order at the bars, but they may sit and be served at a bar top if appropriately distanced.

Salons and other businesses that provide aesthetic or other skin services may open under strict protocols and social distancing guidelines as recommended. It will be appointment only, and estheticians, technicians, and other employees must wear face coverings. Customers or clients should wear face coverings to the extent practicable.

Museums, art galleries, zoos and aquariums may reopen in Phase 2, at no more than 50% of capacity and must maintain at least 6 feet of social distancing. Interactive and hands-on exhibits must remain closed during this phase. Indoor venues, like movie theaters, bowling alleys and indoor malls may also reopen with the same capacity requirements.

Lastly, casinos and other gaming venues may reopen on June 4.

North Carolina:

Governor Roy Cooper announced that $85.4 million in federal funds provided for COVID-19 relief to counties will be disbursed this week. Three large counties, Guilford, Mecklenburg and Wake, have already received funds directly from the federal government, and 59 other counties that have completed certification will receive funds this week from the state-administered Coronavirus Relief Fund (CRF) that was passed by Congress. Counties are encouraged to support municipalities with the funding as needed.

Ohio:

Governor Mike DeWine and Dr. Amy Acton, MD, MPH, announced the formation of a new Congregate Care Unified Response Teams to test residents and staff members in Ohio's nursing homes. Beginning this week, the Congregate Care Unified Response Teams, which will include medically-trained members of the Ohio National Guard, will begin testing residents and staff within nursing homes on two parallel paths: (1) all staff in all Ohio nursing facilities will be tested to help nursing home administrators gauge the status of the virus in their facilities and help isolate the virus to stop it from infecting their community; and (2) testing will be conducted in facilities where residents or workers have confirmed or assumed positive cases. Testing will be conducted on all staff, and the testing of residents will be based on a clinically-driven strategy that targets those who have likely been exposed to COVID-19. By testing residents based on their potential interaction with a confirmed COVID-19 case, the nursing facility will be better equipped to isolate the virus and contain spread within the facility.

Texas:

On Tuesday, Governor Abbott issued a proclamation expanding additional services and activities that can open under Phase Two of the plan to reopen Texas as set forth in the Governor’s Executive Order GA-23. Per the proclamation, driver education programs and food-court dining areas within shopping malls can resume operations immediately. Malls are encouraged to designate one or more individuals who are responsible for ensuring the recommended health and safety protocols are followed, including: limiting tables to six individuals; maintaining a six-feet distance between individuals sitting at different tables; cleaning and disinfecting tables between uses; and ensuring no condiments or other items are left on tables between customer uses. On Friday, May 29, water parks can open but must limit their occupancy to 25% of normal operating limits, and components of these water parks that have video arcades must remain closed. On Sunday, May 31, recreational sports programs for adults can resume, but games and similar competitions may not begin until June 15.

Minimum standard health protocols are recommended by the Texas Department of State Health Services for reopened services under Phase Two. For a full list of guidelines and protocols applicable to the service, see the Open Texas Checklists.

Washington:

Governor Inslee released an amended and extended Proclamation 20-49.3 to protect CARES Act stimulus payments and unemployment payments from bank account garnishments effective until May 31, 2020.

In addition, Governor Inslee released guidance clarifying outdoor recreation requirements in Phase 1 and Phase 2 (Memo and Clarifications for Phase 1 and Phase 2).

May 26, 2020

Alaska:

A more detailed guidance regarding Phase 3/4 of the Reopen Alaska Responsibly Plan has been released. It specifies that businesses should assist individuals with personal mitigation strategies, including:

• Opportunities for frequent handwashing
• Maintaining opportunities for 6-foot distancing between non-family members (such as distanced tables, one-way entries, limited capacity services, and increased outdoor services)
• Encouraging face coverings
• Screening for people who may be ill and limiting entrance to those who are healthy
• Regular cleaning and extra attention to high touch surfaces
• Special accommodating for those at higher risk

It is businesses’ responsibility to continually check CDC and industry guidance in order to update their protocols and minimize the risk of spreading COVID-19.

Arizona:

On May 21, Governor Ducey issued an Enhanced Surveillance Advisory which supersedes the reporting requirements of the previous executive orders (2020-13, 2020-22(4), 2020-23, and 2020-30(10)), but renews their other provisions. The advisory authorizes the Arizona Department of Health Services and local health authority to access confidential patient information; requires hospitals to report certain data regarding capacity, available equipment, inventory of medical supplies, and data regarding COVID-19 patients; requires nursing care institutions, ICF-IID and DD medical group homes to report regarding COVID-19 residents and availability of beds and PPE; and requires laboratories to report positive COVID-19 test results to the Arizona Department of Health Services. COVID-19 specimen testing shall be coordinated by the Arizona State Public Health Laboratory, with criteria for testing to be determined by the Arizona Department of Health Services. The order automatically terminates after 60 days, unless renewed.

Arkansas:

A list of all health directives released to date can be found here. They include more detailed guidance regarding what Governor Hutchinson has already announced or signed as executive orders.

California:

The number of counties seeking to progress further into the State’s second stage of re-opening has risen to 46. Among those counties, Orange, Riverside, San Diego, Ventura, and Santa Barbara counties recently filed paperwork with the State permitting further re-opening. For each of these counties—subject to a particular county’s decision to further restrict social and economic life—dine-in restaurants, bars, shopping malls, among other businesses, may resume operations in accordance with the State’s industry-specific guidance documents.

Colorado:

Over the Memorial Day weekend, Governor Polis extended the State’s disaster emergency until June 21 and the Safer at Home Order to June 1. The Safer at Home Order’s extension, however, offers a reprieve for the restaurant industry and its patrons. For the first time since early March, restaurants may resume dine-in services, subject to certain social distancing and health requirements contained in the State’s Guidance for Restaurants and Food Services.

Under the revised Safer at Home Order, outdoor and indoor dine-in services may resume on May 27. Any restaurant seeking to re-open must ensure that it consults with its county and local government to maintain compliance with local requirements that may differ from those imposed by the Safer at Home Order. For those restaurants in Denver County, for example, Mayor Hancock stated that Denver “will align with the State’s decision . . . to resume limited sit-down service . . . .”

Restaurants may resume outdoor and indoor dine-in services provided they comply with the following general requirements:

• patrons in different parties must be a minimum of 6 feet apart;
• the spacing of tables may need to be 6 feet or more to ensure proper physical distancing between diners from different parties;
• all employees must wear face coverings; and
• disinfect and deep-clean all shared surfaces between seatings.

Indoor dine-in services, however, must operate under additional restrictions, including:

• limiting operations to 50% of the posted occupancy code, but not to exceed 50 patrons;
• ensuring maximum ventilation by opening windows and minimizing air conditioning to the extent possible;
• deep cleaning and disinfecting all shared surfaces between parties/at each turnover; and
• keeping parties together, and not allowing them to mingle with each other.

Governor Polis also moved to provide additional relief for those in the alcohol and marijuana businesses facing permit and license renewals before June 21. Executive Order D 2020 075 extends the expiration dates for the below liquor and marijuana licenses.

The liquor licenses impacted by the order include:

• manufacturer’s license;
• limited winery license;
• importer’s license;
• nonresident manufacturers license;
• wholesaler license;
• retail liquor store license;
• beer and wine license;
• brew pub license; and
• distillery pub license.

Likewise, the retail-marijuana licenses affected by the order encompass the following:

• retail marijuana store license;
• retail marijuana cultivation facility license;
• retail marijuana products manufacturer license;
• retail marijuana testing facility license; and
• retail marijuana business operator license.

Lastly, the State lifted its prohibition on downhill skiing. Ski resorts may now resume operations subject to strict limitations on recreational and social activities typical of spring skiing.

Connecticut:

On May 21, Governor Lamont issued Executive Order No. 7RR taking the following actions:

• Authority for the Department of Energy and Environmental Protection (DEEP) to issue rental refunds for events taking place in state parks;
• Modification of age limit for early intervention coverage; and
• Waiver of requirement for guest books at private clubs.

Delaware:

On May 26, Governor John Carney announced that the State of Delaware will lift the ban on short-term rental units and the mandatory 14-day quarantine for out-of-state travelers on June 1 as part of the rolling reopening of Delaware’s economy.

Governor Carney previously lifted State of Delaware restrictions on Delaware beaches ahead of the Memorial Day weekend.

Phase 1 of Delaware’s economic reopening is scheduled to begin on June 1, allowing retail establishments, restaurants and other businesses to open at 30 percent of stated fire capacity with social distancing requirements and other public health guidance in place.

Governor Carney also announced on May 26 that outdoor gatherings of up to 250 people – including weddings and outdoor graduation ceremonies – will be permitted in Delaware beginning on June 1, with basic public health precautions in place to protect against spread of COVID-19. Cloth face coverings must be worn in accordance with Governor Carney’s State of Emergency declaration, and individuals must maintain social distance of at least six feet from anyone outside of their household.

District of Columbia:

Mayor Bowser announced on May 26 that the District remains on track to enter Phase One of reopening on Friday, but plans to make a formal decision and announcement on Wednesday. At that time, she would also detail what Phase One will look like in terms of which businesses may reopen, and what restrictions will remain in place. While an advisory group previously gave its recommendations on what Phase One should look like, Mayor Bowser will ultimately choose which recommendations are adopted, and which are not.

Florida:

On May 22, Governor DeSantis issued an Executive Order which extends Executive Order 20-123 (implementing Phase 1 of Florida’s reopening), but also permits organized youth activities (such as sports teams and leagues, youth clubs and programs, child care, summer camps, and youth recreation camps) to resume operation, with immediate effect.

Illinois:

As Illinois prepares to move into Phase 3 of Governor Pritzker’s Restore Illinois Plan on May 29, the Illinois Department of Commerce and Economic Opportunity has released a Phase 3 Business Toolkit. The toolkit contains information for Illinois businesses including a 55-page document covering (1) manufacturing guidelines, (2) restaurants and bars for outdoor dining guidelines, (3) outdoor recreation guidelines, (4) physical care services guidelines, (5) retail guidelines, (6) service counter guidelines, (7) youth sports guidelines, (8) offices guidelines, (9) day camps guidelines, and (10) health and fitness business guidelines. Phase 3 of the plan includes the following:

• Gatherings: All gatherings of 10 people or fewer are allowed with this limit subject to change based on latest data & guidance
• Travel: Travel should follow IDPH and CDC approved guidance
• Health Care: All health care providers are open with DPH approved safety guidance
• Education and child care: Remote learning in P-12 schools and higher education; Limited child care and summer programs open with IDPH approved safety guidance
• Outdoor recreation: State parks open; Activities permitted in groups of 10 or fewer with social distancing
• Businesses:
  • Manufacturing: Non-essential manufacturing that can safely operate with social distancing can reopen with IDPH approved safety guidance
  • “Non-essential” businesses: Employees of “non-essential” businesses are allowed to return to work with IDPH approved safety guidance depending upon risk level, tele-work strongly encouraged wherever possible; Employers are encouraged to provide accommodations for COVID-19-vulnerable employees
  • Bars and restaurants: Open for delivery, pickup, and drive through only
  • Personal care services and health clubs: Barbershops and salons open with IDPH approved safety guidance; Health and fitness clubs can provide outdoor classes and one-on-one personal training with IDPH approved safety guidance
  • Retail: Open with capacity limits and IDPH approved safety guidance, including face coverings

(Chicago): Mayor Lightfoot has announced that Chicago is not yet on track to move into Phase 3 of Governor Pritzker’s Plan with the rest of Illinois. Mayor Lightfoot previously released her own Plan to reopen Chicago which includes more restrictive language than Governor Pritzker’s broader Plan for Illinois. While Illinois is set to move into Phase 3 of Governor Pritzker’s Plan on May 29, Chicago will stay behind with the hope of moving into Phase 3 of Mayor Lightfoot’s plan in mid-June. Phase 3 of Mayor Lightfoot’s plan currently includes the following:

Phase Three: Cautiously Reopen – Strict physical distancing with some businesses opening; goal is to thoughtfully begin to reopen Chicago safely

• Non-essential workers begin to return to work in a phased way
• Select businesses, non-profits, city entities open with demonstrated, appropriate protections for workers and customers
• When meeting others, physically distance and wear a face covering
• Non-business, social gatherings limited to <10 persons
• Phased, limited public amenities begin to open
• Stay at home if you feel ill or have come into contact with someone with COVID-19
• Continue to physically distance from vulnerable populations
• Get tested if you have symptoms

Under Mayor Lightfoot’s Plan the following specific epidemiological factors have been established to guide Chicago from Phase 2 to Phase 3:

• COVID-19 Case Rate (over 14 days, as a rolling average):
  • Declining rate of new cases, based on incidence and/or percent positivity
• Severe Outcome Rate (over 14 days, as a rolling average):
  • Stable or declining rates of cases resulting in hospitalization, ICU admission, and/or death
• Hospital Capacity Citywide (over 14 days, as a rolling average):
  • Hospital beds: <1800 COVID patients
  • ICU beds: <600 COVID patients
  • Ventilators: <450 COVID patients
• Testing Capacity:
  • Test at least 5% of Chicago residents per month
• Testing Percent Positivity Rates (over 14 days, as a rolling average):
  • Congregate: <30% positive tests
  • Community: <15% positive tests
• Syndromic Surveillance (over 14 days, as a rolling average):
  • Declining emergency department visits for influenza-like illness and/or COVID-like illness
• Case Investigation & Contract Tracing:
  • Expanded system in place for congregate and community investigations and contact tracing

Iowa:

Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency and the regulatory relief offered under the proclamation until June 25, 2020. The proclamation permits bars, wineries, breweries, distilleries, and social and fraternal clubs to reopen on May 28 with the same public health measures as restaurants. The proclamation also permits the reopening on June 1 of additional establishments, including outdoor performance venues, casinos, bowling alleys, amusement parks, skating rinks, skate parks, outdoor playgrounds.

The proclamation permits social, community, recreational, leisure, and sporting gatherings and events of more than 10 people if public health measures are implemented, including limiting attendance to 50% of the venue capacity and maintaining six feet of distance between those attending. This also allows practices, games, and competitions for youth and adult baseball, softball, and individual sports such as running, biking, swimming, tennis, and golf to resume with appropriate public health measures in place.

Kansas:

On May 26, Governor Kelly signed a new state of disaster Emergency Proclamation to ensure that Kansas can continue to effectively respond to the current emergency situation, including the economic emergency, the threat of new outbreaks of COVID-19, and the threat to food supply. The proclamation permits the Kansas Division of Emergency Management, the Kansas Department of Health and Environment, the Kansas National Guard, and the federal government to take certain measures including providing food supply, medical supplies, and shelter to continue to combat COVID-19 and its effects.

On Friday, May 22, Kansas moved to Phase 2 of the Ad Astra Plan to Reopen Kansas. Gatherings of up to 15 people are now permitted, and certain businesses may re-open, including organized sports facilities, community centers, indoor leisure spaces, and casinos. The order modifies the originally planned Phase 2 and no longer permits bars, night clubs, or swimming pools to open. Those have now been moved to Phase 3. Phase 2 will last until Sunday, June 7, assuming current trends of COVID-19 cases continue to remain the same. Phase 3 will begin on Monday, June 8. Additionally, fairs, festivals, summer camps, and large entertainment venues with a capacity of 2,000 or more must remain closed at this time.

Massachusetts:

(Worcester): The City of Worcester announced the reopening of parks and recreational activities. In its announcement the City included guidance for the reopening of Hope Cemetery, non-contact sporting courts and fields, and trails and walkways.

Michigan:

Governor Whitmer signed Executive Order 2020-99, which rescinds and replaces Executive Order 2020-67 and Executive order 2020-68. All previous orders which rested on those orders now rest on Executive Order 2020-99. This order, which went into effect immediately, extends the state of emergency declaration throughout the State of Michigan, due to the COVID-19 pandemic, through June 19, 2020 at 11:59.

Governor Whitmer also signed Executive Order 2020-100 which amends certain previously issued executive orders to clarify their duration. These amendments include the following:

1.  The following executive orders remain in effect and do not terminate until the end of the states of emergency and disaster declared in Executive Order 2020-99 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later.

a. Executive Order 2020-26.

b. Executive Order 2020-28.

c. Executive Order 2020-36.

d. Executive Order 2020-39.

e. Executive Order 2020-58.

f. Executive Order 2020-61.

g. Executive Order 2020-64.

h. Executive Order 2020-76.

2.  The following executive orders are amended as follows:

a.  Under Executive Order 2020-46, the Michigan Liquor Control Commission may take physical possession of any spirits held by any licensee to which the Commission holds legal title at any time later than 90 days after the end of the states of emergency and disaster declared in Executive Order 2020-99 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later.

b.  Under Executive Order 2020-52, any three-year certificates that were set to expire on December 31, 2019 and were deemed unexpired will not expire until 60 days after the end of the states of emergency and disaster declared in Executive Order 2020-99 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later.

c.  Under Executive Order 2020-55, the Michigan Coronavirus Task Force on Racial Disparities will continue its work until 90 days after the end of the states of emergency and disaster declared in Executive Order 2020-99 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later, or such other time as the governor identifies.

d.  Under Executive Order 2020-58, all deadlines applicable to the commencement of all civil and probate actions and proceedings, including but not limited to any deadline for the filing of an initial pleading and any statutory notice provision or other prerequisite related to the deadline for filing of such a pleading, remain suspended and shall be tolled until the end of the states of emergency and disaster declared in Executive Order 2020-99 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later.

3.  Executive Orders 2020-62, 2020-69, and 2020-96 will remain in effect until 11:59 pm on June 12, 2020.

Mississippi:

Governor Reeves extended the state’s Safer at Home Order in Executive Order 1488. The Order now extends restrictions and limitations until June 1, 2020 unless otherwise amended.

Missouri:

(St. Louis City): St. Louis City issued Health Commissioner Order No. 9, which took effect at 4:00 PM on May 22, 2020, and remains in effect until rescinded or amended. This order does not rescind Order No. 8. Under this order the following businesses have been given opening dates:

• Large venues beginning June 8, 2020 (Exhibit I),
• Summer camps beginning June 1, 2020 (Exhibit J),
• Swimming pools beginning June 1, 2020 (Exhibit K),
• Gyms and other fitness facilities/studios beginning June 15, 2020 (Exhibit L), and
• Funeral homes may begin under the guidelines established for churches.

(St. Louis County): St. Louis County Department of Public Health issue a travel advisory due to individuals not practicing proper social distancing over the holiday weekend. The advisory urges those who travelled without engaging in protective practices or social distancing to self-quarantine for 14 days or until tested for COVID-19. The advisory also suggests employers add questions to their employee screening protocols related to recent travels and social distancing behaviors.

(Kansas City): Kansas City announced that the city will be easing certain restrictions on sidewalk cafes, street cafes, parklets, and parking lot dining. This temporary reduction in requirements will be in effect between May 21, 2020 and December 31, 2020. The reductions include:

• Permit fee waived
• Signature requirement waived
• Maintenance agreement waived
• No bond deposit required
• No parking space limit

(City of Columbia/Boone County): The City of Columbia and Boone County issued public Health Order No. 2020-06, which will take effect at 12:01 A.M. on May 26, 2020, and signals the next phase in reopening Columbia and Boone County. Under this order:

• All businesses may reopen
• Restaurants and bars must limit seating occupancy to 50% of their permissible capacity.
• Personal care businesses must operate at 50% capacity, or 25 total, whichever is lower.
• Business engaged in retail sales, must limit the number of people in an establishment to:
  • 25% or less of authorized occupancy for those with less than 10,000 sq. ft., or
  • 10% or less of authorized occupancy for those with more than 10,000 sq. ft.
• Large venues, entertainment facilities, movie theaters, and nightclubs must submit an operational plan first.
• Child care services must limit their service to 25 children.

Nevada:

On May 26, Governor Sisolak held a press conference to discuss the next phase in Nevada’s reopening plan, as outlined in Nevada United: Roadmap to Recovery. He announced that Nevada will move into Phase 2 of the reopening plan on Friday, May 29.

On May 25, the Governor announced that pending the evaluation of trends in Nevada’s COVID-19 data, along with the results of the Gaming Control Board meeting on Tuesday, the Governor has set a target date of June 4, 2020, for reopening Nevada’s gaming industry.

New Jersey:

On Friday, May 22, Governor Murphy announced he would be signing an executive order modifying the limit on outdoor gatherings from ten people to twenty-five people.

New York:

On Thursday, May 21, Governor Cuomo signed Executive Order 202.32. The Order allows for the reopening of racetracks in the state as of June 1, 2020 without spectators. The Order also amends Executive Order 202.18 and 202.29 to now permit a gathering of ten or fewer individuals for any religious service or ceremony or for any Memorial Day service.

The Order also provides for a twenty-one day postponement without interest or penalty for property taxes in numerous localities throughout the state.

North Carolina:

On May 22, Governor Roy Cooper and Secretary of the North Carolina Department of Health and Human Services announced Count on Me NC, which is a free online training program to help restaurants, hotels and other businesses learn the best ways to protect customers and employees from COVID-19. Businesses across North Carolina can participate in this no-cost training that was developed with the NC Department of Health and Human Services. It includes evidence-based practices on social distancing, employee health and sanitation to protect people’s health.

The first phase of Count on Me NC training is designed for restaurants and hospitality businesses that serve food. The program plans to expand to other tourism businesses including lodging and attractions and add courses in Spanish by June.

Ohio:

On May 22, Governor Mike DeWine, Lieutenant Governor Jon Husted, and Amy Acton, MD, MPH, Director of the Ohio Department of Health announced that all gyms, fitness-based recreation centers, dance instruction studios, and other personal fitness venues are permitted to reopen as of May 22, 2020 within Ohio so long as all safety standards are met. All businesses shall maintain six-foot social distancing for employees and members of the public. Businesses must follow additional industry-specific guidance in the Director’s Order.

The following are also permitted to re-open: (1) baseball; (2) softball; (3) batting cages; (4) golf courses; (5) miniature golf; (6) local and public pools and aquatic centers; (7) tennis facilities; (8) skills training for all sports; and (9) general non-contact sports including bowling alleys. All businesses shall maintain six-foot social distancing for employees and members of the public. Additional guidance in the Director’s Order must be followed for each specific sport and venue.

Auditoriums, stadiums, arenas, parades, fairs, festivals, indoor trampoline parks, indoor water parks, and movie and other theatres (excluding drive-in theatres), are still not permitted to re-open.

Governor Mike DeWine, Lieutenant Governor Jon Husted, and Amy Acton, MD, MPH, Director of the Ohio Department of Health also announced all school buildings that provide K-12 instruction in Ohio are to remain closed to students until 11:59 p.m. on June 30, 2020. This order does not apply to or exclude sports authorized to re-open as of May 22, 2020.

Oklahoma:

Oklahoma is currently positioned in Phase 2 of Governor Stitt’s three-phase-plan to reopen Oklahoma. Under the Plan, Oklahoma is set to move in to Phase 3 on June 1 assuming hospital and incident rates continue to remain at a manageable level statewide. Phase 3 includes the following:

Employer guidance:

• Can resume unrestricted staffing of worksites

Specific Employer guidance:

• Summer camps (church and school) can open
• Visits to Senior Care Facilities should still be prohibited
• Visits to hospitals shall be subject to the following limitations.
  • In response to the COVID-19 pandemic, health care facilities (hospitals, ambulatory surgery centers, outpatient diagnostic centers, and clinics) are uniquely charged with protecting both the health of those they serve and the health of their caregivers. As an essential part of the front line to stopping the community spread of COVID-19, health care facilities should maintain compliance with current CDC guidelines regarding limiting visitation to their facilities through the establishment of policies that limit the number of people who may access their facility.
  • Depending upon the prevalence of community spread and number of suspected or confirmed COVID-19 patients in the facility, in consultation with medical staff, the facility shall determine the visitation policies. If determined that it is safe for the patient and the staff, the following visitation will be allowed in Phases 2 and 3 of the OURS plan:
    • 1. Each patient may be permitted one adult Patient Representative to support and assist the patient with receipt of care. The Patient Representative should be the same throughout the admission or visit.
      • a. Additional Patient Representatives may be permitted if exceptional circumstances warrant consideration and in compliance with facility policy.
      • b. Patient Representatives shall be subject to any screening procedures required by the facility including temperature screenings, observance of hand hygiene practices, and the wearing of their own mask at all times while in the facility.
    • 2. The facility may further limit access to patients when Patient Representatives fail to follow facility policy.
    • 3. Social distancing is required at all times.

Additional details on Phase 3 are expected to be released prior to June 1.

Pennsylvania:

On Friday, May 22, twelve additional counties moved into the yellow phase of the Process to Reopen Pennsylvania. At 12:01 a.m. Friday, Adams, Beaver, Carbon, Columbia, Cumberland, Juniata, Mifflin, Perry, Susquehanna, Wyoming, Wayne, and York counties joined the thirty-seven counties already in the yellow phase.

On Friday, May 22, Governor Wolf amended an executive order regarding the suspension on foreclosures and evictions he previously ordered. The Order as amended clarifies that it only applies to evictions and foreclosures involving nonpayment and proceedings related to removal of any tenant solely because the tenant has held over or exceeded the term of a lease. The Order does not apply to suspend notice requirements relating to evictions for breaches of any other covenants.

Rhode Island:

Governor Raimondo issued Executive Order 20-35 on May 21, 2020 that sets rules for summer camps:

• Summer Camp “groups” shall not exceed 15 people (up to 14 campers).
• The Rhode Island Department of Health will promulgate further, specific regulations to govern summer camp operations.

Governor Raimondo issued Executive Order 20-36 on May 21, 2020 that extends Executive Order 20-32 (Twenty-Ninth Supplemental Emergency Declaration – Lifting the Stay at Home Order, Leaving Certain Restrictions in place, Limited Re-opening with Stringent Health Regulations) until May 31, 2020.

South Carolina:

Governor McMaster issued Executive Order No. 2020-37 on May 21, 2020 that authorizers the following businesses, venues, facilities, services and activities – which were previously deemed “non-essential”– to reopen effective May 22, 2020:

• Entertainment venues and facilities as follows
  • Arcades
  • Tourist attractions (including museums, aquariums, and planetariums)
  • Indoor children’s play areas
  • Bingo halls
  • Venues operated by social clubs
• Recreational and athletic facilities and activities as follows:
  • Sports that involve interaction in close proximity to and within less than six (6) feet of another person
  • Activities that require the use of shared sporting apparatus and equipment
  • Activities on commercial or public playground equipment

Any business that elects to reopen to non-employees should consider and incorporate any applicable sanitation guidance promulgated by the CDC, DHEC, or any other state or federal public health officials. This action is made possible by amending Executive Order Nos. 2020-28, 2020-31, and 2020-36.

Tennessee:

Governor Bill Lee issued Executive Order #38 which encourages Tennesseans to return to work while complying with the Economic Recovery Group’s Guidelines. Executive Order #38 includes the following provisions that:

• Continue to promote social distancing and urge people to wear masks in public.
• Encourage businesses and organizations to return to work while allowing employees to continue working from home.
• Permit groups of up to 50 people to participate in social and recreational activities—this limit does not apply to places of worship, weddings, funerals and related events, and it does not preclude more than 50 people from gathering in a single venue so long as they are in smaller groups that maintain appropriate social distance.
• Allow bars to reopen in accordance with restaurant guidelines.
• Continue to prohibit contact sporting events and activities, except that collegiate and professional sporting events and activities are permitted in accordance with the rules of their respective governing bodies.
• Direct senior centers, nursing homes and similar such facilities for the elderly to remain closed to visitors, unless in the discretion of the facility the visit involves critical assistance for the resident, is to a resident receiving end of life care, or may be accomplished without unreasonable risk to other residents or staff.
• Continue to allow take-out alcohol sales by restaurants so as to encourage carry out and delivery orders.

Executive Order #38 is repeals Executive Orders #30, #33, and #35, and went into effect May 22, 2020.

Texas:

On May 22, Governor Abbott announced that the Texas Workforce Commission (TWC) is extending payment deadlines for designated reimbursing employers that are required to pay a share of unemployment benefits. Designated reimbursing employers include non-profits, local governments, school districts and other qualifying employers who reimburse the TWC for the full amount of unemployment benefits paid to former employees. The due date for the June 1 payment will be delayed until December 31, 2020. The interest and penalty charges will be waived, but the payment amount will not be reduced or eliminated. The extension also does not delay or prevent those who qualify for unemployment benefits from receiving them.

On May 21, Governor Abbott issued Executive Order GA-24 ending air travel restrictions related to the COVID-19 pandemic. The Order immediately terminates all restrictions in the Governor's previous Executive Order GA-20 that mandated temporary quarantines for air travelers arriving from the following places: California; Connecticut; New York; New Jersey; Washington; Atlanta, Georgia; Chicago, Illinois; Detroit, Michigan; or Miami, Florida.

(Harris County): On May 21, Harris County issued its Fourth Amended Stay Home, Work Safe Order extending the County’s stay at home mandates until June 10. The Order requires all residents to stay home unless providing or obtaining a “Covered Service” as defined by Governor Abbott's Executive Order GA-23. Harris County also released reopening guidance for the construction industry and retail businesses.

Vermont:

On March 22, 2020, Governor Scott signed Addendum 15 to Executive Order 01-20. This order amended certain restrictions previously imposed on outdoor restaurants, bars, and other establishments which serve food and beverages. Beginning today, restaurants and bars are permitted to resume operations in accordance with guidelines for restaurants as set forth by the ACCD. The new order allows establishments which hold first, third, or fourth class liquor licenses to offer consumption of alcoholic beverages independent of or with the sale of food outdoors. However, there are certain considerations to note:

• The establishment must submit a notice of intent to apply for an initial or modified Outdoor Consumption Permit at liquorcontrol.vermont.gov;
• Such notice must include a description of the outdoor area and what physical barrier will be used to define the intended space; and
• The applicant must have legal control or local authority to bind the establishment to an agreement to use the permit in accordance with the regulations.

The Department of Liquor and Lottery (DLL) has 48 hours to process permit applications and applicants have until June 12, 2020, to obtain the approval of their local jurisdiction to operate under the permit pending a full determination by the DLL. In other words, establishments which do not receive a full license by then will no longer be able to operate as an “outdoor establishment.” Fees for an initial or modified permit are waived. This order does not prohibit restaurants, bars, and other establishments from continuing to offer food and alcoholic beverages to-go.

The order makes it clear fairs and festivals are not covered under this order and remain suspended until further notice. The entire order is set to expire at midnight on June 15.

Virginia:

On May 26, Governor Ralph Northam announced face coverings will be required inside public establishments starting Friday, May 29, 2020.

Masks will be required:

• Everyone ages 10 and up
  • Children age 9 and younger do not need to wear masks, though the governor recommended them for children age 3 and older.
• Inside all brick and mortar retail establishments
• Inside all personal care & grooming establishments
• Inside places where people congregate
• Inside food & beverage establishments, except when eating
• On public transportation
• When accessing state or local services

Masks will not be required:

• While eating or drinking
• While exercising
• If you have trouble breathing or are unable to remove the mask without help
• If your health conditions prohibit wearing a face covering

The Virginia Department of Health will enforce this rule, rather than law enforcement. WSLS 10 News in Virginia reported, “The governor’s chief of staff, Clark Mercer, said that enforcement is designed for business that are grossly negligent of these requirements.” Additionally, “With regards to when these requirements would be lifted, the governor said that as soon as it’s safe to do so, he will.”

The Virginia state and local governments are ordering masks and will distribute them to people who don’t have access to them or cannot afford them.

West Virginia:

On May 21, Governor Justice announced that swimming pools, bowling alleys, pool halls, roller rinks, and other indoor amusement locations will be permitted to reopen on May 30, under additional guidelines. Governor Justice also added movie theaters to the list of establishments reopening under Week 6 of the state’s comeback plan.

On May 22, Governor Justice announced that he has signed Executive Order No. 40-20 that will formally allow businesses, currently scheduled to reopen in the May 26 phase of the Governor’s reopening plan, to resume operations on that date if they so choose.

Businesses allowed to reopen on May 26, with limitations, include:

• State Park cabins and lodges (In-state residents only)
• Indoor bars at 50% capacity and outdoor bars (Guidance available here)
• Museums and visitor centers (Guidance available here)
• Zoos (Guidance available here)

The order went into effect on Tuesday, May 26, 2020 at 12:01 a.m.

May 21, 2020

District of Columbia:

City officials stated that the District could begin its phased reopening on Friday, May 29. However, Mayor Bowser has stated that she plans to make a final decision next Tuesday to account for any potential spike in infections. Currently, the District’s stay-at-home and non-essential business closure order remains in place through June 8. While not conclusive, the Mayor’s reopening task force gave recommendations for the first phase. These recommendations do not include gyms, indoor entertainment venues, or pools in the first phase, but do include barbershops and hair salons, parks, golf courses, outdoor dining, tennis courts, and curbside service for nonessential retail stores.

Illinois:

A proposed emergency rule from Governor Pritzker which would make it a Class A misdemeanor for businesses to open in violation of Illinois’ Stay At Home Order has reportedly been withdrawn.

Indiana:

Governor Holcomb signed Executive Order 20-28 which lays out Stage Three of opening Indiana. The order goes into effect at 12:00 a.m. on Friday, May 22 and will remain in effect until June 13, 2020 at 11:59 p.m. The order allows all Indiana counties, except for Cass, Lake, and Marion county to transition to Stage 3. Cass, Lake and Marion counties will remain in Stage 2 until 12:00 a.m. on Monday, June 1, 2020, at which point they may transition to Stage 3. The requirements of each stage are outlined in the order.

Kansas:

Effective Friday, May 22, Kansas will move to Phase 2 of the Ad Astra Plan to Reopen Kansas. Gatherings of up to 15 people are now permitted, and certain businesses may re-open, including organized sports facilities, community centers, indoor leisure spaces, and casinos. The order modifies the originally planned Phase 2 and no longer permits bars, night clubs, or swimming pools to open. Those have now been moved to Phase 3. Phase 2 will last until Sunday, June 7, assuming current trends of COVID-19 cases continue to remain the same. Phase 3 will begin on Monday, June 8. Additionally, fairs, festivals, summer camps, and large entertainment venues with a capacity of 2,000 or more must remain closed at this time.

Michigan:

Governor Whitmer signed Executive Order No. 2020-96, which rescinds Executive Order No. 2020-17, Executive Order No. 2020-34, Executive Order No. 2020-92. The new order puts into place the temporary requirement to suspend certain activities that are not necessary to sustain or protect life. The order still requires all citizens of the State of Michigan to stay at home and only allows critical infrastructure workers, as defined by the U.S. Cybersecurity and Infrastructure Security Agency to perform their jobs. The order also divides the state into eights regions and lays out specific timelines for when certain “resumed activities” – as defined in the order – may return to work. The order goes into effect immediately and will remain in effect through May 28, 2020 at 11:59 p.m.

Governor Whitmer also signed Executive Order No. 2020-97 which lays out the required minimum standards employers must follow if they have employees returning to work. These include preparedness and response plans consistent with OSHA recommendations, designating supervisors responsible for implementing safe working conditions and reporting unsafe conditions, and training employees on safe workplace practices and the proper use of PPE, among other things.

Montana:

On May 19, Governor Bullock announced that the state will move to Phase Two of the Reopening the Big Sky plan and will lift the 14-day out-of-state travel quarantine beginning June 1. Phase Two allows groups larger than 50 (with proper social distancing). Additionally, restaurants, bars, breweries, distilleries and casinos may operate at 75% of capacity. Gyms, indoor fitness classes, pools and hot tubs may also operate at 75% of capacity. All businesses are required to follow the social distancing and sanitation guidelines established in Phase One, and Montanans are strongly encouraged to continue sanitation practices, including hand washing and wearing masks in public places like grocery stores.

Nebraska:

Governor Ricketts announced his intention to further ease restrictions in most Nebraska counties, effective June 1. Most travelers who leave the state will not be required to quarantine upon their return to Nebraska, unless they traveled internationally. Bars will be allowed to reopen under the same rules that apply to restaurants, including 6 feet of space between tables and no more than 6 people per table. Gathering restrictions will be expanded to 25 people or, in the case of large venues, to 25% of the venue’s capacity up to 3,000 people. Revised directed health measures are available here.

North Carolina:

Governor Roy Cooper and North Carolina Department of Health and Human Services Secretary Dr. Mandy Cohen announced that North Carolina will move into Safer At Home Phase 2 of lifting COVID-19 restrictions on Friday, May 22, at 5 p.m. Executive Order No. 141, “Easing Restrictions on Travel, Business Operations, and Mass Gatherings,” lifts the Stay-At-Home Order from Executive Order No. 138. Mass gatherings have been limited to no more than 10 people indoors or more than 25 people outdoors. The Order will remain in effect until June 26, 2020, at 5 p.m.

Under Phase Two, retail businesses must limit the number of customers in the store to 50% of the stated fire capacity, or for those places without a fire capacity, to twelve customers per 1,000 square feet of the location’s total square footage.

Restaurants may allow on-premises consumption of food and beverages. However, they must follow the occupancy that leads to the lowest number when applying the following three tests: (1) limit the number of customers to 50% of the stated fire capacity, or for those places without a fire capacity, to twelve customers per 1,000 square feet of the location’s total square footage; (2) an arrangement permitting groups to stay 6 feet apart; or (3) arrange the restaurant so that customers sitting at a table are not within 6 feet of any customers sitting at another table. Moreover, each group of customers sitting at a counter should be separated from other groups by 6 feet. No more than ten 10 people shall be seated together at the same table. However, more than ten 10 people may sit together at the same table if they are members of the same household.

Personal care, grooming, and tattoo businesses may open again as long as they also limit the number of customers in the store to 50% of the stated fire capacity, for those places without a fire capacity, to twelve customers per 1,000 square feet of the location’s total square footage. They may also limit the number of people in the store to 6 feet apart to be in compliance.

Indoor and outdoor pools may open, also subject to the fire capacity requirements. Child care facilities may also reopen and serve all children in North Carolina.

However, the following business must remain closed during Phase Two: (1) entertainment and fitness facilities; and (2) bars that only serve alcohol on-premises.

Pennsylvania:

On Thursday, May 21, Governor Wolf signed into law House Bill 327, now Act 21 of 2020, which allows for the temporary sale of cocktails-to-go from bars, restaurants, and hotels with a liquor license and that have lost twenty-five percent of average monthly total sales during the COVID-19 emergency. The Pennsylvania Liquor Control Board has published guidance on the law, which took immediate effect.

South Carolina:

Governor McMaster announced in a press release that beginning Friday, May 22, “attraction facilities” will be permitted to open throughout South Carolina. Examples of attraction facilities include, but are not limited to:

• Zoos
• Museums
• Aquariums
• Planetariums
• Historic buildings
• Waterparks
• Amusement parks
• Go-kart tracks
• Bingo facilities
• Mini golf facilities.

Additionally, youth and adult sports leagues will be allowed to begin practicing on May 30, with competitive play resuming on June 15.

Tennessee:

(City of Nashville and Davidson County): Nashville and Davidson County will enter Phase 2 of the Roadmap for Reopening Nashville on Monday, May 25, 2020. On May 25, retail stores, commercial businesses, and restaurants may reopen at 75% capacity. Restaurant and bars must remain closed, but live entertainment with no more than 2 performers at a time is permitted with proper social distancing. Gyms, recreation facilities, museums, nail salons, hair salons, and tattoo parlors may open at half capacity. Socially driven businesses such as bars and clubs remain closed. Gatherings of up to 25 people are permitted. Residents 65 and older and high risk individuals should remain at home. All residents should wear masks in public, and those with the ability to work from home should continue to do so.

Vermont:

On May 20, Governor Scott announced a statewide economic relief and recovery package for businesses. The state received $1.25 billion from the Federal CARES Act and will issue the relief in two phases. Phase One involves four components: (1) financial assistance for food, lodging/accommodation, retail, agriculture and other loans and grants for similar small businesses; (2) housing assistance for property owners and addressing homelessness; (3) technical assistance for establishing a recovery program and Employee Assistance Program (EAP) to provide mental health services for business owners; and (4) marketing support/campaigns and consumer stimulus grants to encourage residents to support local businesses. Governor Scott did not share any details about Phase Two. Businesses looking for more information on the Vermont Economic Recovery and Relief Package can find the full details of the plan here.

Wyoming:

Yesterday, Governor Gordan announced three pieces of legislation passed by the state’s legislature. One of the bills, H.B. 1004, established three programs to provide financial relief to impacted businesses (Wyoming Business Interruption Stipend Program, Coronavirus Business Relief Stipend Program, and Coronavirus Mitigation Stipend Program). Businesses with 50 or fewer employees are eligible to receive grants up to $50,000. Businesses with up to 100 employees qualify to receive a stipend of up to $300,000 and businesses of all sizes qualify for up to $500,000 to cover COVID-19 related expenses.

May 20, 2020

Alaska:

Governor Dunleavy announced that the state will transition into Phase 3 of its Reopen Alaska Responsibly Plan. Effective May 22, 2020, all businesses, houses of worship, libraries and museums, recreational activities, and sports activities can open. Phase 3 does not mandate any limitations or restrictions on opening, but encourages businesses and individuals to continue following guidelines on ways to conduct business and activities safely. A 14-day quarantine for interstate and international travel to Alaska remains in place.

Senior centers, prisons, and institutions will continue to restrict access, and any large public gatherings must first consult with public health departments before scheduling the gathering. Communities may elect to keep in place travel restrictions.

Idaho:

Idaho is now in Phase 2 of its Idaho Rebounds reopening plan. Pursuant to the order of the Iowa Department of Health and Welfare, all business and governmental agencies may continue to resume operations at their physical locations except those business identified in the order. Those include: bars, nightclubs, and large venues (e.g., movie theaters, concert venues, sporting venues, public pools, etc.). Gatherings of 10 or more people should be avoided. Further, Idaho’s self-quarantine requirements have been relaxed and now apply only to persons returning to Idaho from places “with substantial community spread or case rates higher than Idaho.”

Iowa:

Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency until May 27, 2020, at 11:59 p.m. The proclamation allows summer school activities to resume on June 1. On May 22, movie theaters, zoos, aquariums, museums, and wedding reception venues statewide are permitted to reopen with appropriate public health measures in place. Swimming pools will also be permitted to reopen for lap swimming and swimming lessons.

Governor Reynolds also announced that, because the proclamation is set to expire on May 27, bars and other alcohol-related establishments that have been limited to carryout and delivery will be permitted to reopen for indoor or outdoor seating on May 28. These establishments will follow the same public health measures that restaurants have been implementing for the past several weeks.

The proclamation also provides additional regulatory relief to those affected by COVID-19 and continues to strongly encourage all vulnerable Iowans, including those with preexisting medical conditions and those older than 65, in all counties of the state to continue to limit their activities outside of their home, including their visits to businesses and other establishments and their participation in gatherings of any size and any purpose.

Kansas:

On May 19, Governor Kelly signed an Executive Order implementing a modified Phase 2 of the Ad Astra Plan to Reopen Kansas. Effective Friday, May 22, gatherings of up to 15 people are now permitted, and certain businesses may now re-open, including organized sports facilities, community centers, indoor leisure spaces, and casinos. The order modifies the originally planned Phase 2 and no longer permits bars, night clubs, or swimming pools to open. Those have now been moved to Phase 3. Phase 2 will last until Sunday, June 7, assuming current trends of COVID-19 cases continue to remain the same. Phase 3 will begin on Monday, June 8. Additionally, fairs, festivals, summer camps, and large entertainment venues with a capacity of 2,000 or more must remain closed at this time.

Kentucky:

Governor Beshear announced the expansion of the June 1 reopening guidance to include aquatic centers (excluding public pools), fishing tournaments and auto/dirt track racing. Additional guidance for barbershops, cosmetology, hair salons, tanning salons and tattoo parlors reopening is now available on Kentucky’s Healthy at Work website.

June 8 is the projected reopening for museums, outdoor attractions, aquariums, libraries and distilleries, June 11 is the projected opening of the Kentucky Horse Park, Kentucky State Park campgrounds and Otter Creek, and June 15 is the projected reopening for some child care and limited-contact youth sports.

Maine:

On May 19, Governor Mills announced two updates to the state’s re-opening plan. The first update is that Maine residents will be able to visit campgrounds starting Memorial Day weekend, with enhanced health and safety precautions. Second, Maine will be delaying the re-opening of gyms, fitness centers, and nail salons, due to some new research and experiences from other states. Previously, gyms, fitness centers, and nail salons were scheduled to re-open on June 1 (Stage 2). Gyms and fitness centers are currently allowed to conduct outside classes of less than 10 participants and one-on-one instruction inside. Governor Mills’ Administration plans to announce an early June re-opening date for nail salons and indoor gyms and fitness centers.

Mississippi:

Governor Reeves released new guidelines that churches should follow as they resume in-person worship. Churches in the state were never ordered to close, but were encouraged to halt in-person worship during the health emergency.

North Dakota:

Governor Burgum announced an emergency rule change that allows residents of basic care facilities to keep their Economic Impact Payments provided as part of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

A basic care facility is like a nursing home, but for seniors whose medical needs are not as intense. North Dakota is the only state with basic care facilities, and the state pays a portion of the resident’s room and board. Economic Impact Payments made to basic care residents are income kept by the state under current law, which is not what was intended under the CARES Act.

The Governor’s emergency rule, effective May 19, changes that result and is and will remain in effect as it moves through the formal administrative rules process.

Ohio:

Governor Mike DeWine released details of the new "Ohioans Protecting Ohioans Urgent Health Advisory" which replaces the Stay Safe Ohio order that was issued by the Ohio Department of Health on April 30, 2020.

The health order replaces language requiring Ohioans to stay at home with limited exceptions with language that strongly recommends that citizens, especially those who are high-risk, stay at home as much as possible. The order does not change the mass gathering restrictions, which remain at a 10-person limit.

The new health advisory also lifts overall travel restrictions and the requirement to quarantine if someone travels to or returns to Ohio. Unnecessary travel within or outside of Ohio is not encouraged.

Texas:

Governor Abbott issued Executive Order GA-23 on May 18 detailing the plans for Phase Two to Open Texas. Under the Order, the following “Covered Services” may open under Phase Two:

• Gyms / Exercise Facilities (May 18)
• Manufacturers (May 18)
• Office-Based Employers (May 18)
• Child Care Centers (May 18)
• Massage and Personal-Care Centers (May 18)
• Youth Clubs (May 18)
• Rodeo and Equestrian Events (May 22)
• Bowling Alleys, Bingo Halls, Simulcast Racing, and Skating Rinks (May 22)
• Bars (May 22)
• Aquariums and Natural Caverns (May 22)
• Zoos (May 29)
• Day Youth Camps (May 31)
• Overnight Youth Camps (May 31)
• Youth Sports (May 31)
• Certain professional sports without in-person spectators (May 31)

Covered Services under Phase II are subject to certain occupancy limits and health and safety protocols. For a full list of guidelines and protocols applicable to the service, see the Open Texas Checklists.

(City of San Antonio, Bexar County): On May 19, Bexar County Judge Nelson Wolff and San Antonio Mayor Ron Nirenberg issued Orders to supplement their existing Stay Home, Work Safe measures and extend them through June 4, 2020. The updates require all residents to stay home unless working or using a “Covered Service” as defined by Governor Abbott's Executive Order GA-23. The Orders also strongly encourage residents to wear masks in public, and employers that qualify as Covered Services are strongly encouraged to provide face coverings to employees where six feet of separation from other individuals is not feasible.

Washington:

Governor Inslee released Phase 2 guidance for real estate and fitness operations and announced new criteria for additional counties to apply for variances to move to Phase 2 of the Safe Start recovery plan. Smaller counties can apply for a variance from the order which would allow them to open more businesses than allowed statewide. Counties are eligible to apply if they have less than 10 new cases per 100,000 residents over a 14-day span.

In addition, Governor Inslee extended proclamation 20-33.2, which waives certain requirements relating to children in the custody of the state Department of Children, Youth, and Family, until May 31.

May 19, 2020

Alaska:

Governor Dunleavy said that he expected to make an announcement that the state is ready to move to the next phase of its reopening this week. More details are expected to be announced during his May 19, 2020 briefing.

California:

The State’s transition away from safer-at-home restrictions will occur primarily—or at least initially—on a county-by-county basis.

So far at least 23 counties have sought to progress further into the second of the four-stage re-opening under the Governor’s new variance criteria. To satisfy the new standards, each county must attest that it has met various benchmarks concerning its hospitalization rate, testing capacity, rate of new cases, and surge capacity. The counties must also develop county plans detailing which sectors and spaces will be opened, in what sequence, and on what timeline.

The effect of satisfying those criteria is that certain business—such as dine-in restaurants, bars, and shopping malls—may resume modified operations. Many others, however, will remain closed for the duration of this second stage. Community centers, pools, entertainment venues (movie theaters, casinos), museums, nightclubs, concert venues, festivals, and hotels and lodging for tourism are among those businesses that cannot yet resume operations.

Individual counties, of course, are free to adopt more stringent curbs on social and economic activity even as much of the State pursues re-opening.

Connecticut:

On May 18, Governor Lamont signed Executive Order No. 7PP taking the following actions:

• Directing for Phase 1 Reopening to begin May 20;
• Enforcement of sector rules governing the reopening of businesses;
• Extension of prohibition on large gatherings to June 20;
• Extension of restrictions on off-track betting, indoor fitness, and movie theaters to June 20;
• Further clarification of limits on restaurants, bars, and private clubs – mixed drinks permitted for takeout or delivery;
• Limitation on the operation of day camps;
• Enhanced health procedures for all day camps;
• Cancellation of resident camp operations;
• Limitation on the operation of summer and educational programs operated by local or regional boards of education; and
• Suspension or modification of regulatory requirements to protect public health and safety.

On May 18, Governor Lamont released a guidance document that was developed through a collaborative working group organized by his administration and provides best practices for dentist offices that are considering expanding their operations beyond emergency care in the coming days.

On May 18, Governor Lamont released an online guide to help small businesses comply with COVID-19 safety guidance and manage the broader reopening process.

Delaware:

On May 18, Governor Carney announced a public strategy to plan for the safe reopening of Delaware school buildings. Three COVID-19 School Reopening Working Groups (Health and Wellness, Academics and Equity, and Operations and Services) will advise the Delaware Department of Education (DOE), Delaware school districts and charter schools on ways to safely and effectively reopen Delaware school buildings.

On May 19, Governor Carney announced additional steps allowing retail establishments and restaurants to expand operations – while maintaining social distancing to prevent spread of COVID-19. Under the interim steps announced on Tuesday, all retail establishments in Delaware may operate by appointment only beginning at 8:00 a.m. on Wednesday, May 20. Restaurants, bars, taprooms and craft breweries may also apply to expand outdoor seating capacity to safely serve additional customers when the businesses reopen next month. Applications to expand outdoor seating capacity will be available on Friday, May 22, and expansions would be authorized to begin on June 1. Delaware retailers and restaurants are scheduled to open their indoor spaces at 30 percent of stated fire capacity during Phase 1 of Delaware’s economic reopening, beginning June 1.

Illinois:

Under Governor Pritzker’s 5-Phase Restore Illinois plan, Illinois is broken up into the following four regions: Northeast Illinois; North-Central Illinois; Central Illinois; and Southern Illinois. Notably, the Northeast Illinois region includes highly populated counties such as Cook, DuPage and Lake. Illinois is currently positioned in phase 2 of the plan and individual regions will progress into phase 3 based on the following factors:

• At or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day period, AND
• No overall increase (i.e. stability or decrease) in hospital admissions for COVID-19-like illness for 28 days, AND
• Available surge capacity of at least 14 percent of ICU beds, medical and surgical beds, and ventilators

In early May, Northeast Illinois was the only region to not meet the above factors. Specifically, Northeast Illinois failed to have a positivity rate at or under 20 percent. However, the Illinois Department of Public Health now reports a positivity rate in the Northeast Illinois region of 17.5%. Northeast Illinois reportedly dropped below a 20 percent positivity rate on May 14. As such, the region is on track to join Illinois’ other three regions in moving into phase 3 on May 29. Phase 3 of the plan includes the following:

• Gatherings: All gatherings of 10 people or fewer are allowed with this limit subject to change based on latest data & guidance
• Travel: Travel should follow IDPH and CDC approved guidance
• Health Care: All health care providers are open with DPH approved safety guidance
• Education and child care: Remote learning in P-12 schools and higher education; Limited child care and summer programs open with IDPH approved safety guidance
• Outdoor recreation: State parks open; Activities permitted in groups of 10 or fewer with social distancing
• Businesses:
  • Manufacturing: Non-essential manufacturing that can safely operate with social distancing can reopen with IDPH approved safety guidance
  • “Non-essential” businesses: Employees of “non-essential” businesses are allowed to return to work with IDPH approved safety guidance depending upon risk level, tele-work strongly encouraged wherever possible; Employers are encouraged to provide accommodations for COVID-19-vulnerable employees
  • Bars and restaurants: Open for delivery, pickup, and drive through only
  • Personal care services and health clubs: Barbershops and salons open with IDPH approved safety guidance; Health and fitness clubs can provide outdoor classes and one-on-one personal training with IDPH approved safety guidance
  • Retail: Open with capacity limits and IDPH approved safety guidance, including face coverings

Massachusetts:

Governor Baker issued COVID-19 Order No. 33, effective immediately. The order permits the opening of certain businesses beginning on May 18, 2020, which include:

• Essential services
• Manufacturing
• Construction
• Places of worship
• Firearms retailers and shooting ranges

Additional other businesses may open beginning on May 25, 2020, including:

• Businesses operating in office spaces
• Car washes
• Hair salons and barber shops
• Pet groomers
• Drive-in Movie theaters
• Laboratories
• Certain indoor recreational facilities and actives

The order requires any business operating in Massachusetts to develop, train, and implement social distancing protocols and perform regular cleaning and sanitizing, among other measures, including:

• Provide signage indicating appropriate social distancing
• Require face coverings for all employees
• Regularly sanitize high-touch areas
• Clean and disinfect if an employee is diagnosed with COVID-19

Businesses able to open now that were not open before must certify their compliance with the general requirements and any sector specific rules enacted by the Director of Labor Standards and post on their premises all public notices and advisories required under this order.

Additionally, under this order, gatherings are still limited to 10 people

(City of Boston): The City of Boston announced Monday that although the state is permitting certain businesses to reopen, including construction, the City will limit construction activities to work on schools, hospitals, some residential work, and open-air construction until May 25. Under the City’s safety policies, construction activities included in the above list must submit a COVID-19 Safety Affidavit and provide the City with a COVID-19 Safety Plan.

Mississippi:

Mississippi’s “Safer at Home” order expires for a majority of the state on May 25, 2020. Governor Reeves has not made any announcements regarding measures after May 25.

Missouri:

(Boone County): Boone County, along with the City of Columbia, Missouri issued amended Business Guidance to assist businesses in the process of reopening under the city and county’s orders.

Nevada:

Governor Steve Sisolak announced that Caleb Cage is appointed to serve as the State of Nevada COVID-19 Response Director. Cage, the former head of the State Division of Emergency Management and Homeland Security and most recently the Assistant Vice Chancellor for Workforce Development and Community Colleges at the Nevada System of Higher Education (NSHE), will help direct and coordinate the statewide response to COVID-19 through the end of December from the Office of Governor Steve Sisolak. This position will coordinate resources and the work across multiple state, local and federal entities to respond to COVID-19 and will have a strong emphasis on the following activities: testing effort and capacity; contact tracing; and coordination of resources to support the robust, ongoing and expanding work in these areas in localities and across the State.

New Jersey:

On Monday, May 18, Governor Murphy signed Executive Order No. 147, which allows for the reopening or resuming of some outdoor recreational businesses and activities. Under the Order, archery ranges, golf driving ranges, shooting ranges, batting cages, tennis clubs, and horseback riding activities will be allowed to restart effective 6:00 a.m. Friday, May 22. The Order requires businesses that resume these activities to take precautionary steps like installing physical barriers where feasible and performing frequent sanitization.

New Mexico:

Governor Lujan extended the State’s public health emergency to May 31, 2020, through Executive Order 2020-030. The order also continued all existing Executive Orders with a duration tied to the State’s public health emergency, including:

• Executive Order 2020-012: directing the closure of all public schools for the remainder of the 2019-2020 academic year;
• Executive Order 2020-013: directing individuals traveling to New Mexico through an airport to self-isolate or self-quarantine for 14 days;
• Executive Order 2020-016: waiving all late fees that could be assessed under the State’s motor vehicle code and preventing the issuance of citations;
• Executive Order 2020-017: allowing the issuance of special permits increasing the load size for transporting relief-related goods and materials; and
• Executive Order 2020-024: waiving the requirement of in-person shareholder and member meetings.

Ohio:

Governor Mike DeWine announced that he is assembling an enforcement team to ensure that bars and restaurants are operating safely under the Responsible RestartOhio plan. Bars and restaurants reopened to patrons for outdoor dining on Friday, May 15. Dine-in service is scheduled to resume on May 21. The enforcement team will operate as part of the Ohio Department of Safety's Ohio Investigative Unit (OIU) and will conduct safety compliance checks in crowded bars and restaurants. Businesses found violating the Stay Safe Ohio order will receive administrative citations that could result in the revocation of liquor licenses. The OIU team will also work with municipal prosecutors to take potential criminal actions against business owners who do not follow the order, which includes the requirement that patrons remain seated while eating/drinking and that parties stay six feet apart.

Oregon:

Attorney General Rosenblum announced that the Oregon Supreme Court upheld Governor Brown’s emergency orders in Elkhorn Baptist Church vs. Katherine Brown.

Pennsylvania:

On Tuesday, May 19, Governor Wolf amended his Executive Order that closed all non-life sustaining businesses to allow for limited business transactions for the real estate industry statewide. Effective immediately, the Order allows for real estate professionals, appraisers, title companies, escrow officers, mortgage loan originators, and the like to commence in-person operations statewide subject to the guidance provided by the Commonwealth.

Rhode Island:

Governor Raimondo issued a press release on May 18, 2020 announcing plans to open more parts of Rhode Island:

• East Matunuck State Beach and Scarborough State Beach will reopen on Memorial Day, May 25th. Bathrooms and concessions will be closed, and reduced parking will be enforced.
• All beaches, including bathrooms and concessions, are planning on opening at the beginning of Phase 2.
• The Governor’s plan is to allow Churches to have in-person faith services the weekend of May 30th.
• Guidelines for hair salons and barbershops are being developed so that they may reopen in Phase 2.
• Phase 2 may begin in “early June.”

Tennessee:

(City of Memphis and Shelby County): Effective May 18, 2020 the City of Memphis and Shelby County moved into Phase II of their Back-to-Business Plan. The move to Phase II allows gatherings of up to 50 people so long as they observe social distancing and wear masks, increases capacity for libraries and gyms from 25% to 50%, and allows recreation facilities such as bowling alleys, arcades, and dance classes to open at 50% capacity so long as people remain in groups of less than 10 people and avoid contact with individuals from other groups. Contact sport facilities, car washes, nail salons, tattoo parlors, and swimming pools are also allowed to open in conformance with industry-specific protocols.

Virginia:

Governor Ralph Northam announced a diverse set of education stakeholders participating in the Commonwealth’s COVID-19 Education Work Group to help chart a path forward for determining how schools can safely reopen later this year. In the coming weeks, Governor Northam will outline a roadmap for Virginia schools, colleges, and universities to return to in-person learning in a safe, equitable, and responsible manner.

Governor Ralph Northam shared new resources to protect Virginians from eviction and support individuals who have lost their job or income due to COVID-19. These tools include StayHomeVirginia.com, a new website to help Virginians navigate housing programs, services, and resources. The website offers guidance on working with landlords, financial institutions, and other organizations to use eviction and foreclosure protections during this health crisis. Resources include relief for private mortgage holders, multifamily complexes, and tenants affected by the COVID-19 pandemic.

Governor Northam also signed House Bill 1420 to cap late fees on rent at 10 percent of the periodic rent or 10 percent of the remaining balance due, whichever is lesser. This new law will help prevent cascading late fees, allow charges only on the amount due, and set a maximum late fee percentage for the first time in the Commonwealth of Virginia.

Additionally, Governor Northam signed House Bill 340 to delay rental evictions or mortgage foreclosures for individuals who are not currently covered under the protections offered through the federal CARES Act or state and local protections. Under this new law, a tenant may receive a 60-day continuance of an eviction proceeding from a court if they appear in court and provide written evidence that they are not receiving payments or wages due to the state of emergency declared by the Governor. Additionally, homeowners or landlords that rent one, four, or multifamily units in the Commonwealth can pause a foreclosure proceeding for 30 days if the individual provides their lender with written evidence showing a loss of income due to the COVID-19 pandemic.

Washington:

Governor Inslee announced the state’s plan to resume elective medical procedures by issuing a proclamation amending and extending Proclamation 20-05, which declared a state of emergency, and 20-24, which restricted non-urgent medical procedures. Under this plan, each health care or dental provider must meet certain criteria to be able to begin performing elective procedures. Each provider evaluates their readiness to begin and must maintain standards to continue to see patients.

West Virginia:

On May 18, Governor Justice added several businesses and entities to the list of May 26 reopenings including shopping malls, indoor and outdoor bars, museums and visitor centers, and zoos.

On May 19, Governor Justice announced that he has signed Executive Order No. 39-20 that will formally allow businesses in the “Week 4” phase of the Governor’s reopening plan to resume operations if they so choose. The order will go into effect at midnight on Thursday, May 21, 2020. The new order also rescinds the requirement for out-of-state travelers visiting West Virginia to self-quarantine for 14 days upon their arrival, a mandate originally put in place on March 30.

Governor Justice also announced that additional guidance documents are now available for several types of businesses and entities that are part of the Governor's Week 5 phase of reopenings, including indoor and outdoor bars at 50% capacity, museums and visitor centers, zoos, as well as spas and massage businesses.

May 18, 2020

Arkansas:

Governor Hutchinson announced that bars associated with restaurant facilities may open on May 19, 2020, while freestanding bars not associated with restaurants may open with restrictions on May 26, 2020.

Colorado:

Governor Polis reiterated the State’s commitment to alleviating the economic strain produced by the pandemic and ensuring the protection of those working for critical businesses or performing government functions. Executive Order D 2020 069 extends the existing Executive Orders pushing the filing deadline for state income taxes to July 15, 2020. And Executive Order D 2020 067 maintains the requirement of Executive Order D 2020 039 that all workers at critical businesses wear a non-medical mask covering their nose and mouth while at work through June 15, 2020.

Connecticut:

On May 14, Governor Lamont announced Connecticut businesses eligible to open on or soon after May 20 are required to self-certify to demonstrate they understand and will comply with COVID-19 rules and regulations set by the state.

The self-certification process is quick and available online at business.ct.gov/recovery.

Businesses under Phase 1 of Connecticut reopening plans include:

• Restaurants (outdoor dining only)
• Hair salons and barbershops
• Offices
• Retail and malls
• Museums and zoos

Sector rules for reopening a business were published on May 9.

On May 15, Governor Lamont announced that the State of Connecticut will be distributing 50,000 infrared thermometers it has secured for small businesses, nonprofits, and places of worship to support safe reopening activities amid the COVID-19 pandemic. Entities that would like to request a thermometer can fill out the forms located at ct.gov/coronavirus in the “Access to Personal Protective Equipment” section.

On May 18, Governor Lamont announced hair salons and barber shops will open in early June, rather than May 20.

Delaware:

On May 14, Governor Carney announced that the State of Delaware will lift restrictions on Delaware beaches and community pools at 5:00 p.m. on Friday, May 22, subject to strict social distancing requirements and other restrictions. Ice cream shops and trucks will reopen with restrictions effective 5:00 p.m. this Friday, May 15. Further details may be found in the Seventeenth Modification to State of Emergency.

On May 15, Governor Carney released Phase 1 economic reopening guidance. Delaware’s Phase 1 reopening plan provides general and sector-specific guidance for Delawareans and Delaware businesses.

Phase 1 of Delaware’s economic reopening will begin on June 1. Businesses that will open during Phase 1 – including restaurant and retail establishments – generally must limit capacity to 30 percent of fire code occupancy, excluding staff. Employees who have been telecommuting should continue to do so wherever possible, and employers should close common areas where employees are likely to congregate.

District of Columbia:

Mayor Bowser announced today that the District is six days away from meeting the metrics for its first stage of reopening in terms of COVID-19 community spread declining. She said she may announce as soon as Thursday when the District will begin to reopen. Additionally, an advisory group helping make recommendations for the District on reopening is slated to release its recommendations later this week.

Illinois:

Governor Pritzker filed new emergency rules which would allow businesses that open in violation of his Stay At Home Order to be charged with a Class A misdemeanor. The rules will reportedly be reviewed by a bipartisan oversight committee of legislators on Wednesday, May 20. The rules, if not rejected by the committee, will remain in place for 150 days.

Massachusetts:

(Statewide): Baker-Polito announced a reopening 4 phase plan, developed by the Reopening Advisory Board. The state is currently under an essential business and services say-at-home order. When the reopening begins, phase 1 will allow limited industries to resume operations, with each phase lasting at least 3 weeks, but to be determined based on public health data. The plan can be viewed here.

Michigan:

Governor Whitmer signed Executive Order 2020-92, allowing for the reopening, in two regions, of retail businesses, office work that cannot be done remotely, and restaurants and bars with limited seating. The two regions are both in the northern part of the state—specifically, MERC regions 6 and 8, as detailed in the governor’s MI Safe Start Plan to re-engage Michigan’s economy.

The partial reopening will take effect on Friday, May 22. Cities, villages, and townships may choose to take a more cautious course if they wish: the order does not abridge their authority to restrict the operations of restaurants or bars, including limiting such establishments to outdoor seating.

All businesses that will reopen in regions 6 and 8 must adopt the safety measures outlined in Executive Order 2020-91. That means they must, among other things, provide COVID-19 training to workers that covers, at a minimum, workplace infection-control practices, the proper use of PPE, steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions. Restaurants and bars will also have to limit capacity to 50% of their normal seating, to keep groups at least six feet from one another, to require their servers to wear face coverings, and to follow rigorous disinfection protocols.

Region 6 in the governor’s MI Safe Start Plan includes the following counties: Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan, Presque Isle, and Emmet.

Region 8 in the governor’s MI Safe Start Plan includes the following counties: Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa.

Missouri:

(St. Louis City and St. Louis County): St. Louis City and St. Louis County’s new orders allowing for the reopening of certain businesses will go into effect today. Check out Husch Blackwell’s in-depth look at St. Louis County’s reopening order here and St. Louis City’s order here.

Mississippi:

Governor Reeves signed two executive orders, EO 1485 and EO 1486. EO 1485 extends the duration of EO 1471 to May 30, 2020. EO 1471 grants immunity from suit for civil liability to healthcare professionals and facilities that provide care related to COVID-19.

EO 1486 permits restaurants that don’t serve alcohol to offer in-house dining 24 hours a day, while restaurants that serve alcohol must close in-house dining no later than 10:00 p.m. The new order also permits tattoo parlors to reopen, subject to sanitation, screening, and PPE requirements.

New Jersey:

On Friday, May 15, Governor Murphy signed Executive Order No. 145, which ends the general suspension of elective surgeries and invasive procedures on Tuesday, May 26th. In place of the general suspension that Executive Order No. 109 had created, the Department of Health will now issue policies to regulate aspects like which facilities can resume procedures and whether facilities must prioritize certain procedures ahead of others.

On Saturday, May 16, Governor Murphy signed Executive Order No. 146 allowing for the reopening of charter fishing and watercraft rental businesses with mandates and restrictions in place like the wearing of face coverings.

New Mexico:

Over the weekend, the New Mexico Department of Health issued a revised Public Health Order (“Order”) relaxing some of the restrictions imposed by the now-expired stay-at-home order. The Order, however, conditions the re-opening of the State’s economy upon the implementation of the its COVID-Safe Practices (“CSPs”), which contain numerous requirements that all employers must be aware of in re-establishing operations. The Order remains in effect until May 31, 2020, except in Cibola, McKinley, and San Juan counties, which are subject to the prior stay-at-home order issued on May 5, 2020.

The Order separates the State’s businesses into several new categories. It also removes new and used automobile dealers from the definition of essential businesses. The new categories include close-contact business (i.e., barbershops, gyms, massage parlors), recreational facilities (i.e., movie and performance theaters, swimming pools, and indoor shopping malls), and places of lodging (i.e., hotels, RV parks, and short-term vacation rentals).

In addition to the new-business categories, the Order modifies the State’s business and social environment as follows:

• all essential businesses must the follow the general and industry-specific CSPs;
• close-contact businesses, recreational facilities, and casinos—except those on Tribal lands—remain closed;
• all businesses that are not an essential business, close-contact business, or recreational facility may operation at 25% of the maximum occupancy permitted for the business or retail space and must follow the pertinent CSPs;
• places of lodging may operate at 25% of maximum occupancy, but short-term-vacation rentals may only rent to New Mexico residents;
• all residents are required to wear face masks or like coverings and comply with CSPs where possible; and
• golf courses, tennis facilities, summer youth programs, and state parks may resume operations subject to the applicable CSPs.

The State’s general CSPs comprise the following mandates, but employers should consider the additional, industry-specific measures set forth in the CSP guidance document:

• limit operations to remote work to the greatest extent possible;
• arrange the workplace to provide for 6 feet of distance between individuals wherever possible;
• close common areas where personnel are likely to congregate wherever possible or modify them to minimize contact;
• provide for all meetings to take place remotely whenever possible;
• ensure all employees have face coverings or masks and wear them in the workplace at all times when in the presence of others, except when eating, drinking or exercising, or unless otherwise advised by a health care provider;
• train all employees on daily cleaning and disinfecting protocol, hygiene, and respiratory etiquette (e.g., covering coughs);
• make handwashing, sanitizer, and other hygiene support available to employees; and
• screen employees before they enter the workplace each day (verbally or with a written form or text based or other app) and send employees home who are experiencing the following COVID-19 symptoms related to COVID-19 and direct them to obtain free testing through the Department of Health.

Rhode Island:

No executive order updates. But, Governor Raimondo issued a press release on Saturday, May 16 detailing the metrics Rhode Island will look to while moving between economic reopening phases.

• Hospital capacity: If the state continues to see less than 70% of ICU and non-ICU beds filled by COVID-19 patients, that is an indicator that it is safe to continue moving forward. However, if 85% or more of these beds are filled, either in overall hospital capacity or specifically in the ICU, it may be time to scale back.
• Hospitalization: Right now, Rhode Island is consistently seeing fewer than 30 new COVID-19 related hospitalizations per day. If that trend continues, that is an indicator that reopening can move forward. But if that number is consistently above 50, it may signal a need to go back.
• Rate of Spread: This is measured using the "R value," or the "effective reproduction rate." This is how many people are infected by each infected person. If the R value continues to be around 1.1 or lower, then it will be safe to think about moving into the next phase. If the R value gets to 1.3 or higher Rhode Island may have to move back a phase.
• Doubling Rate of Current Hospitalizations: Currently, hospitalizations are stable or declining. If the state starts seeing a doubling within twenty days or less, that will be an indicator that it may be time to put restrictions back in place.

South Carolina:

Governor McMaster issued Executive Order 2020-36 on May 15, 2020 that authorizes the following businesses, venues, facilities, services, and activities – which were previously deemed “non-essential” – to re-open effective Monday, May 18, 2020:

1. Recreational and athletic facilities and activities as follows:
   • Fitness and exercise centers and commercial gyms
   • Spas and public or commercial swimming pools
   • Group exercise facilities, to include yoga, barre, and spin studios or facilities.
2. Close-contact service providers as follows:
   • Barber shops
   • Hair salons
   • Waxing salons
   • Threading salons
   • Nail salons and spas
   • Body-art facilities and tattoo services
   • Tanning salons
   • Massage-therapy establishments and massage services

Any business that elects to re-open to non-employees for use by the public “should consider and incorporate” applicable sanitation guidance. This authorization was made by modifying and amending provisions of Executive Order Nos. 2020-18, 2020-21, 2020-28, 2020-31, and 2020-35.

Texas:

The next wave of business reopenings under Governor Abbott’s Executive Order GA-21 began today, allowing gyms, nonessential manufacturing, and work offices to reopen at 25% capacity with social distancing guidelines.

Governor Abbott held a press conference today detailing the next phase of reopening Texas. The Governor announced that childcare facilities, youth club services, and massage, personal care, and beauty services can reopen starting immediately The Governor also said that bars, wine tasting rooms, breweries, bowling alleys, skating rinks, zoos, and aquariums can resume operations on May 22 at 25% capacity. Restaurants opened in the previous phase can expand to 50% occupancy on May 22. Youth camps and some professional sports, including golf, auto racing, baseball, softball, tennis, football, and basketball, can return on May 31. Schools can offer summer school starting June 1.

Governor Abbott also stated that some counties will be delayed in entering phase two, including El Paso, Randall, Potter, Moore and Deaf Smith Counties, because of the continued increase of infections in those areas.

Virginia:

Governor Northam announced today that the city of Virginia Beach would be allowed to open its beaches to swimming and sunbathing on Friday of this week. Nonetheless, some restrictions will remain in place such as no large groups, group sports, tents, or alcohol. Other beaches in the state remain closed except for fishing and exercise.

West Virginia:

On May 14, Governor Justice announced that fitness centers, gymnasiums, and recreation centers have been added to the list of entities that will be allowed to resume operations under the next phase of the reopening plan. Governor Justice also announced that whitewater rafting, ziplining businesses, rock climbing businesses, gymnastics, dance and martial arts will be permitted to reopen, with restrictions.

On May 15, Governor Carney signed Executive Order No. 37-20 which provided additional guidance on the reopening of certain recreational facilities and formalized the May 18th reopenings.

Reopenings in all phases of the Governor’s plan are required to follow additional guidelines to help keep their patrons and all West Virginians as safe as possible.

• Guidelines: Gymnastics, dance, cheerleading, martial arts, and similar low-contact sport training facilities
• Guidelines: Fitness centers, gymnasiums, and recreation centers

Guidance documents for additional types of businesses included in The Comeback are available online.

May 17, 2020

Kansas:

Effective Monday, May 18, Kansas will enter Phase 1.5 under the state’s “Ad Astra” Re-opening Plan. Under this new phase, salons and other personal services may re-open for pre-scheduled appointments. Gyms may also re-open, though common areas and group classes must remain closed. Finally, graduation ceremonies may be held with a limitation on 10 individuals in a facility at once. Bars and nightclubs, non-tribal casinos, theaters, community centers, entertainment venues, swimming pools, fairs, and sports facilities and summer camps remain closed. Gatherings remain limited to ten people.

On May 15, Governor Kelly signed two additional Executive Orders related to the COVID-19 response. Executive Order 20-32 concerns Shared Work programs which allows employers to offer reduced hours and divide up the work hours among a group of employees in lieu of a layoff. The new order permits employers who have paid more than unemployment benefits to their employees than they have contributed to their unemployment insurance account with the state may now participate in a shared work plan. Under the federal “CARES” act, the federal government will reimburse 100% of state unemployment insurance benefits paid through a “short-time” or “shared work” unemployment program through the end of 2020.

Executive Order 20-33 extends a prior order, Executive Order 20-22, which eased regulations for motor carriers and persons operating commercial vehicles extending in the COVID-10 relief efforts. These carriers may continue haul up to 10% more than their licensed weight, not to exceed 90,000 pounds, and the licensing and permitting rules continue to be suspended.

Kentucky:

Governor Beshear announced that as part of the Healthy at Work initiative, the Tourism, Arts and Heritage Cabinet will reopen tourism and offer Kentuckians opportunities to explore the commonwealth through in-state travel.

The Tourism, Arts and Heritage Cabinet will open Kentucky State resort parks, recreational parks, lodges and cabins to the public for normal business hours beginning June 1. Park guests will be required to follow social distancing and public health guidelines. Natural Bridge and Cumberland Falls State Resort Parks will also reopen on June 1.

As part of the state’s ongoing effort to prevent the spread of the COVID-19, the following Kentucky State Parks were designated to provide temporary housing for low acuity patients. These parks will not reopen at this time: (Barren River Lake State Resort Park is closed due to renovations)

• Lake Cumberland State Resort Park;
• Lake Barkley State Resort Park;
• Blue Licks Battlefield State Resort Park; and
• Buckhorn Lake State Resort Park.

The Kentucky Horse Park, Otter Creek and state park campgrounds will open on June 11 to self-contained campers and RVs in accordance with the Healthy at Work camping guidelines. Fishing tournaments may resume on June 1 with new guidelines.

The Salato Wildlife Education Center will open with limited capacity beginning June 1. Interactive exhibits will remain closed until further notice.

Beginning May 22, groups of 10 people or fewer may gather and the state’s travel ban will expire.

Missouri:

(St. Louis City and St. Louis County): St. Louis City and St. Louis County’s new orders allowing for the reopening of certain businesses will go into effect May 18, 2020. Husch Blackwell’s in-depth look at St. Louis County’s reopening order may be accessed here and St. Louis City’s order here.

Nevada:

On May 15, Governor Steve Sisolak issued new industry-based guidance to help Nevada businesses understand the mandatory practices and recommended best practices under the Roadmap to Recovery for Nevada.

North Dakota:

Governor Burgum announced guidelines for large gatherings, banquets, ballrooms and event venues as part of the ND Smart Restart Plan. Under the recommendations, large gatherings in facilities can be up to 50 percent of their certificate of occupancy, up to 250 people. The governor amended an executive order to strongly encourage the adoption of the large gathering protocols by recreational and sports arenas and music and entertainment venues, which had been closed under the previous order.

Oregon:

Governor Brown issued additional Phase 1 guidance for face covering, summer school programs, summer camps, public transit, homeless populations, and fitness centers.

Utah:

Governor Herbert issued an executive order officially moving much of Utah to Low Health Risk Status, or Yellow, effective at 12:01 a.m. on Saturday, May 16. While most counties in the state are transitioning to Yellow, the order clarifies that Grand County, Summit County and Wasatch will remain in the Orange Health Risk Status.

Washington:

Governor Inslee announced the extension of five proclamations, including the following:

• Proclamation 20-22.2, altering truck driver hour requirements, was extended until June 14.
• Proclamation 20-48.1, relating to CDL licensing waivers, was extended until May 31.
• Proclamation 20-49.1, involving garnishment and accrual of interest, was extended until May 21; and
• Proclamation 20-51.1, relating to Community Associations Meetings and Late Fees, was extended until May 31.
• Proclamation 20-45, strengthening emergency protection for domestic violence victims, was extend until June 15.

Governor Inslee also issued guidance for construction, golf and photography in Phase 2 effective for those counties granted variance to move to Phase 2, effective May 15.

May 15, 2020

Arizona:

Executive Order 2020-36 takes effect today. The Order rescinds orders 2020-18 (stay at home order), 2020-24 (requiring certain travelers to self-quarantine after arriving in Arizona), and 2020-33 (“Returning Stronger” order), and provides that all other orders issued and still in effect since March 11th, remain in place unless guidance has been provided by ADHS on how to safely reopen or operate, or the orders expire, are amended, or are rescinded. ADHS has issued guidance regarding the reopening of, among other businesses, pools, gyms, and spas, and has also issued guidance for places of worship. Under the new order, vulnerable individuals are encouraged to limit their time in public. All individuals in public areas should maximize physical distancing, and should avoid social settings where physical distancing is not practical, unless precautionary measures are taken. Businesses operating in the state that are employers or that serve the public are required to develop, establish, and implement policies based on guidance from the CDC, OSHA, and ADHS, in order to limit the spread of COVID-19. Counties, cities, and towns are prohibited from instituting any orders which conflict with, or are in addition to the new order, and may not issue any order which restrict persons from leaving their home due to the COVID-19 public health emergency. The order remains in place until further notice, but shall be considered for repeal or revision every two weeks.

Beginning today, major league sports may also resume a limited reopening without fans.

Executive Order 2020-33, which implemented the first phase of Arizona’s reopening, expires at 11:59 p.m. today.

Arkansas:

Governor Hutchinson announced that as of May 18, 2020, all businesses, with the exception of bars, will be permitted to open in the state.

Florida:

Governor DeSantis issued an Executive Order extending the Phase-1 Reopening Order to Broward and Miami Dade Counties, effective at 12:01 am on May 18, 2020. Governor DeSantis also issued Executive Order 20-121, which extends the Mortgage Foreclosure and Eviction Relief Order, Executive Order 2020-94, until 12:01 am on June 2, 2020.

Hawaii:

(Honolulu): Pursuant to Emergency Order 2020-11, retail and repair service businesses, outdoor sports fields and courts, and drive in services may resume operations today, provided they comply with the order’s specific requirements.

Earlier, Mayor Kirk Caldwell signed an Emergency Order which extends Honolulu’s Stay At Home Order through June 30, 2020. The Order, among other things, authorizes businesses to deny admission or service to any individual who fails to wear a face covering, provides for a limited reopening of city parks, and authorizes individuals to leave their homes only for an essential activity, essential governmental function, or to operate essential businesses or designated businesses and operations. Designated businesses and operations allowed to resume operations (subject to requirements) include golf courses, real estate services, car dealerships, automated and mobile services providers, educational services, floral businesses, and retail and repair service businesses, outdoor sport fields and courts, and drive-in services.

Kansas:

Governor Kelly announced that Kansas will enter Phase 1.5 under the state’s “Ad Astra” Re-opening Plan. Effective Monday, May 18, salons and other personal services may re-open for pre-scheduled appointments. Gyms may also re-open, though common areas and group classes must remain closed. Finally, graduation ceremonies may be held with a limitation on 10 individuals in a facility at once. Bars and nightclubs, non-tribal casinos, theaters, community centers, entertainment venues, swimming pools, fairs, and sports facilities and summer camps remain closed. Gatherings remain limited to ten people.

Kentucky:

Governor Beshear announced that beginning May 22, groups of 10 people or fewer may gather and that the state’s travel ban will also expire the same day.

Louisiana:

Governor John Bel Edwards signed Executive Order 58 JBE 2020, shifting Louisiana into Phase One. The order goes into effect May 15, 2020. New types of businesses that may open beginning on May 15, with 25 percent occupancy limits, sanitation guidelines and spacing for physical distancing include: (1) restaurants, cafes and coffee shops; (2) shopping malls; (3) gyms and fitness centers; (4) barber and beauty shops, and nail salons; (5) movie theaters; (6) racetracks (not open to spectators); (7) museums, zoos, aquariums (no tactile exhibits); and (8) bars and breweries with LDH food permits.

Casinos and video poker establishments may open on May 18, at 25 percent occupancy and with 50 percent of their gaming positions, spaced out to allow for social distancing and with enhanced sanitation. Gaming facilities must have a plan approved by the Gaming Control Board prior to reopening.

The following businesses remain closed: massage establishments and spas, tattoo parlors, carnivals, amusement parks, water parks, trampoline parks, arcades, fairs, bars and breweries without LDH food permits, pool halls, bowling alleys, contact sports, children’s play centers, playgrounds, theme parks, adult entertainment venues, and other similar businesses.

Governor John Bel Edwards extended legal deadlines that had previously been delayed in March. The order also suspended other provisions necessary to respond to this disaster. These deadlines, including the moratorium on evictions, will continue until June 5.

Maine:

On May 14, Governor Mills announced that , effective immediately, Maine lodging providers can begin accepting future reservations for stays with an arrival date of June 1st and beyond for Maine residents and for non-residents who comply with the State’s 14-day quarantine requirement as required by the Governor Mills’ April 3 Order.

Further, the Department of Economic and Community Development today released additional COVID-19 Prevention Checklists for Stage 2 businesses tentatively slated to open in June under the Restarting Maine’s Economy Plan. The checklists, which provide health and safety guidance that businesses must commit to complying with in order to reopen, for the following have been posted:

• Lodging
• Campgrounds
• Nail salons

Maryland:

Governor Larry Hogan announced that Maryland will begin Stage One of its plan to reopen, Maryland Strong: Roadmap to Recovery, which will be effective at 5:00pm on Friday May 15, 2020. Stage One of the Roadmap to Recovery is a flexible, community-based approach to reopening that moves from a Stay at Home order to a Safer at Home advisory. County leaders are empowered to decide the timing of implementing Stage One.

For Husch Blackwell’s in-depth review of Maryland’s safe reopen procedures, click here.

Mississippi:

Governor Reeves enacted Executive Order 1484, on May 14, 2020. It amends EO 1458 and EO 1460 to direct state agencies, boards, commissions, counties, municipalities, public school districts, and other state and local entities to begin the process of returning employees whose duties were deemed non-essential back to work, subject to the state’s and CDC’s regulations and guidelines.

EO 1484 also permits pools to open between 6:00 a.m. and 10:00 p.m., subject to limitations by local authorities. Non-emergent and elective health procedures may resume.

Finally, the provision in EO 1477, which suspended evictions, will end on June 1, 2020. The expiration of that provision will not affect the moratorium on residential foreclosures for borrowers with federally backed mortgage loans pursuant to Section 4024 of the CARES Act.

Missouri:

(St. Louis City and St. Louis County): St. Louis City and St. Louis County’s new orders allowing for the reopening of certain businesses will go into effect this Monday, May 18, 2020. Check out Husch Blackwell’s in-depth look at St. Louis County’s reopening order here and St. Louis City’s order here.

(Boone County): Boone county along with the City of Columbia issued Business Guidance to assist businesses in the process of reopening under the city and county’s orders.

Nevada:

Governor Steve Sisolak announced an update on Phase One of Nevada’s Roadmap to Recovery. Phase One allowed retail businesses, restaurants, barbershops and salons to reopen on Saturday, May 9, with restrictions in place to stem the spread of COVID-19. For example, businesses shall require employees who interact with the public to wear face coverings and should encourage customers to wear face coverings, to the extent practicable.

Businesses that will continue to remain closed through Phase One include: (1) nightclubs; (2) bars, pubs and taverns that do not have a license to serve food; (3) gyms & fitness facilities, including health clubs, yoga, barre and spin facilities; (4) entertainment and recreational activity venues; (5) brothels and houses of prostitution; (6) adult entertainment establishments; (7) spas; (8) aesthetic service establishments, with the exception of nail, hair salons and barber shops; and (9) body art and body piercing establishments. Governor Sisolak announced that gaming will also not reopen in Phase One.

New Jersey:

On Thursday, May 14, Governor Murphy signed Executive Order No. 143, which will allow for beaches, boardwalks, lakes, and lakeshores to open with social distancing measures and other limitations in place beginning on Friday, May 22.

New York:

On Thursday, May 14, Governor Cuomo signed Executive Order No. 202.31, which continues in large part the stay at home orders, or New York on PAUSE, until 11:59 p.m. on May 28, 2020. Effective at 12:01 a.m. on Friday, May 15, though, reductions and restrictions on the in-person workforce at non-essential businesses or other entities no longer apply to Construction, Agriculture, Forestry, Fishing and Hunting, Retail (Limited to curbside or in-store pickup or drop off), Manufacturing, and Wholesale Trade in regions that meet the prescribed health and safety metrics. Currently, those regions are the Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country.

Ohio:

Governor Mike DeWine announced that beginning May 31, childcare providers in Ohio will be permitted to reopen if providers can meet required safety protocols.

Beginning Tuesday, May 26, sports leagues in Ohio will be permitted to operate if these leagues can meet required safety protocols. This applies only to non-contact and limited-contact sports. Public pools and club pools that are regulated by local health departments in Ohio will be permitted to reopen also on May 26 if the facilities can meet required safety protocols. Furthermore, gyms and fitness centers can reopen if they meet safety protocols.

Oklahoma:

Oklahoma moved into Phase 2 of Governor Stitt’s three-phase plan to re-open Oklahoma today. Phase 2 of the plan includes the following:

Individual guidance:

• Continue following safer-at-home guidelines if individuals are over 65 or part of a vulnerable population
• Maintain social distancing from others when in public
• Avoid socializing in groups that do not readily allow for appropriate social distancing
• Consider resuming non-essential travel

Employer guidance:

• Close common areas or enforce social distancing and sanitation protocols
• Honor requests of personnel who are members of a vulnerable population for special accommodations
• Employers are recommended to implement social distancing protocols, which include proper sanitation and use of protective equipment when interacting with the public

Specific Employer guidance:

• Organized sports activities can reopen and operate under social distancing and sanitation protocols
• Visits to Senior Care Facilities and Hospitals should be prohibited
• Bars can operate with diminished standing-room occupancy, where applicable and appropriate, and under social distancing and sanitation protocols
• Funerals and weddings can resume under social distancing protocols
• Children’s nursery areas in places of worship can reopen

Oregon:

Governor Brown announced three additional counties––Jefferson, Morrow, and Umatilla––can begin entering Phase I of reopening on May 15 under her framework for building a safe and strong Oregon.

Pennsylvania:

On Friday, May 15, thirteen additional counties moved into the yellow phase of the Process to Reopen Pennsylvania. At 12:01 a.m. Friday, Allegheny, Armstrong, Bedford, Blair, Cambria, Fayette, Fulton, Greene, Indiana, Somerset, Washington, and Westmoreland counties joined twenty-four counties already in the yellow phase.

Governor Wolf also announced twelve additional counties will move to the yellow phase of reopening at 12:01 a.m. on Friday, May 22. Those counties are Adams, Beaver, Carbon, Columbia, Cumberland, Juniata, Mifflin, Perry, Susquehanna, Wyoming, Wayne, and York. When these additional twelve counties enter the yellow phase next week, there will be a total of forty-nine counties in the yellow phase. The remaining 18 counties will continue to be in the red phase.

Rhode Island:

Governor Raimondo issued Executive Order 20-34 on May 15, 2020 that extends the following executive orders until June 14, 2020:

• Executive Order 20-11 (Ninth Supplemental Emergency Declaration – Delaying the Primary Elections and Preparing for a Predominantly Mail Ballot Election)
• Executive Order 20-27 (Twenty-Fourth Supplemental Emergency Declaration – Further Preparations for a Predominantly Mail Ballot Election).
• Executive Order 20-25 (Twenty-Second Supplemental Emergency Declaration – Public Meetings and Public Records Requests).
• Executive Order 20-26 (Twenty-Third Supplemental Emergency Declaration – Support for Young Adults Aging Out of State Care).

Vermont:

Today Governor Scott signed Addendum 14, extending the State of Emergency and all active addenda to that order, until June 15, 2020, at midnight. The order took effective immediately upon signing. Another important directive in the order encourages residents to travel only as needed. Permissible circumstances include traveling for personal safety, work, shopping and services at essential businesses, outdoor exercise with low or no direct physical contact, gatherings limited to group sizes 10 and under, and in-state hotel and campground facilities. It also reiterates the state’s orders for residents to follow the CDC and Vermont Health Department (VDH) guidelines. Additionally, it adds a new directive not previously set forth in previous orders but common in other states: for people age 65 and over or with underlying medical conditions to continue to shelter-in-place. In terms of face masks, the order informs businesses and other entities they can require customers or clients to wear masks.

The order also specifically addresses Addenda 6 and 7 to modify the limits to the operations for lodging facilities. Under this new order, lodging accommodations may be allowed for the following reasons: (1) emergency housing for homeless or other vulnerable people; (2) accommodations for healthcare workers or other essential workers which support public health, safety, or critical infrastructure, including out-of-state workers entering the state for the same purposes; (3) pre-determined quarantining of individuals by the state; and (4) lodging for state residents and others who self-quarantine for 14 days prior to staying within the state overnight. Lodging businesses may resume accepting reservations today for stays beginning May 22 and later. The businesses are required to post an alert on their website, if applicable, which advises patrons of the state’s health and safety guidelines.

Finally, the order clarifies Addenda 2, 4, and 5 which prohibited on-site food consumption, closed contact businesses, and required telework, respectively, remain in full force and effect. Addendum 6 also remains in effect as amended by Addenda 10, 11, 12, 13, and this Addendum. This order does not apply to businesses which have not been authorized to reopen.

Virginia:

Governor Northam announced Phase One of the plan to re-open the state, “Forward Virginia.” Phase One moves to a Safer at Home Strategy that maintains certain restrictions from the Stay at Home order and allows for limited easing of restrictions in other sectors. Phase One allows localities to delay the ease of restrictions, based on the conditions in that area and will begin no sooner than today, May 15, 2020.

For Husch Blackwell’s in-depth review of Virginia’s reopening plans, click here.

Governor Northam also announced that Accomack County and the City of Richmond would delay implementation of Phase One of the “Forward Virginia” plan to safely and gradually ease restrictions on certain business operations. Both the City of Richmond and Accomack County requested these extensions, and will enter Phase One no earlier than midnight on Thursday, May 28.

Washington:

Governor Inslee issued guidance (Memo and Outdoor Recreation Guidance) clarifying Phase 1 outdoor recreation requirements and set forth outdoor recreation guidance for Phase 2. These guidelines build on the original outdoor recreation requirements released on April 27. For counties granted variance to move to Phase 2, additional recreational activities may resume effective May 14.

May 14, 2020

Connecticut:

On May 13, Governor Lamont signed Executive Order No. 7NN which enacts the following provisions:

• Waiver of statutory vote on supplemental federal block grant
• Remote participation in member meetings
• Waiver of certain regulatory limitations on the amount of support that can be provided to caregiver relatives
• Technical modification of grace period for April and May rent
• Authorization for OPM to direct DSS to provide Coronavirus Relief Fund distributions to nursing home facilities
• Authorization for OPM to direct DSS to provide Coronavirus Relief Fund distributions to COVID recovery facilities and alternate COVID recovery facilities
• Authorization for additional COVID-19 related hardship relief funding under the Coronavirus Relief Fund to nursing home facilities
• Coronavirus Relief Fund distribution determinations not subject to rehearing or appeal
• Extension and sunset of suspension of tax on single-use plastic checkout bags

On May 14, Governor Lamont announced Connecticut received $111 Million in Coronavirus Relief Aid for schools.

District of Columbia:

Beginning Monday, May 18, the Washington’s Metro will require face masks or coverings for all riders. Previously, this had only been a recommendation.

Maryland:

On May 13, Governor Hogan announced he is lifting the statewide stay-at-home order, replacing it with a “safer at home” policy that relaxes a number of restrictions, effective 5pm on Friday, May 15. Some nonessential retailers will be allowed to reopen, including clothing and shoe stores, carwashes, and bookstores. However, they must remain at maximum 50% capacity, and employees must wear masks, in addition to other social distancing requirements. Barber shops and hair salons may reopen by appointment only, and manufacturers may resume operations.

Many restrictions remain in place, including limits on gatherings of more than 10 people, and for nonessential businesses not included in this Phase. Additionally, the policy allows an opt-out for localities, and some counties, notably the D.C. suburbs, have already decided it’s too early to enter Phase One.

Massachusetts:

Governor Baker announced a four phase reopening plan for the State of Massachusetts, which is hoped to begin May 18th.

Commissioner of the Massachusetts Department of Public Health Monica Bharel issued an order, effective immediately and until the State of Emergency is terminated. The order suspends certain statutory provisions which require a nurse aide in the State of Massachusetts to complete the nurse aide training within 90 days of beginning employment. Under this order a long-term care facility must ensure nursing aids are competent to provide nursing services.

Minnesota:

Governor Walz signed Emergency Executive Order 20-56 – Safely Reopening Minnesota’s Economy and Ensuring Safe Non-work Activities during the COVID-19 Peacetime Emergency, effective Sunday May 17, 2020, at 11:59pm. The new order rescinds and replaces Executive Order 20-48. The new order sets out a plan for reopening Minnesota businesses, including the following:

• Bars, restaurants, and other places of public accommodation remain temporarily closed until May 31, 2020, at 11:59pm;
• The Commissioners of Health, Employment and Economic Development, and Labor and Industry are directed to develop a phased plan to achieve the limited and safe reopening of bars, restaurants, and other places of public accommodation, beginning on June 1, 2020;
• Workers should continue to work from home wherever possible;
• Critical businesses may continue to operate as they have been;
• Non-critical businesses choosing to open must establish and implement a COVID-19 Preparedness Plan;
• Certain outdoor recreational activities and associated facilities are permitted to be open and do business.

Governor Walz also issued Emergency Executive Order 20-53, which extends the COVID-19 Peacetime Emergency Declared in Executive Order 20-01. The COVID-19 Peacetime Emergency is in effect through June 12, 2020 and may be further extended by an executive order on or before that date.

Governor Walz signed two executive orders related to the COVID-19 Peacetime Emergency:

• Emergency Executive Order 20-54 prevents employers from discriminating or retaliating against works who wear protective gear, including gloves, cloth face coverings, and eye protection; the order also grants employees the right to refuse to work under condition that they reasonable believe present an imminent danger of death or serious physical harm, which includes working in an unsafe or unhealthy manner with an infectious agent such as COVID-19.
• Emergency Executive Order 20-55 strongly encourages all at-risk persons to stay at home beginning Sunday May 17, 2020, at 11:59pm. At-risk persons are defined to include, but not limited to, people over the age of 65, people with underlying medical conditions, and people living in nursing homes or long-term care facilities.

Missouri:

(St. Louis City): St. Louis City issued a Health Commissioner Order No. 8, which will take effect at 12:01 on May 18, 2020, remains in effect until rescinded or amended. This order allows certain businesses to open and adopts the Phase I Standards and Guidance, along with various exhibits relevant to certain industry groups. Under this new order:

• Retail establishments must limit occupancy as required by the state order to:
  • 25% of the capacity authorized by the fire or building code for those with less than 10,000 sq. ft.
  • 10% of the capacity authorized by the fire or building code for those with more than 10,000 sq. ft.
• All businesses must make arrangements for:
  • Social distancing;
  • Training regarding the disinfection and social distancing requirements;
  • Signage regarding masks and social distancing requirements for employees and customers;
  • Face masks or materials to make face masks for employees;
  • Reasonable breaks for employees and volunteers to wash their hands;
  • Hand sanitizer at building openings for the public;
  • Cleaning as recommended by the CDC;
  • Frequent disinfection of high-touch surfaces;
  • Daily screening of employees and volunteers for symptoms of COVID-19.
• Gatherings in any one location continue to be limited to 10 people or less
• Individuals must comply with social distancing requirements
• All businesses must require facemask for employees unless working alone in an enclosed area

Additionally, the order sets specific standards and guidance for specific categories of businesses:

• Offices (Exhibit B Part I, Exhibit B Part II)
• Hotels & Commercial Lodging (Exhibit C)
• Manufacturing (Exhibit D)
• Retail Services and Malls (Exhibit E)
• Restaurants and Bars (Exhibit F)
• Personal Services (Exhibit G)
• Transportation (Exhibit H)
• Churches (General business guidelines and CDC Guidance)
• Parks, playgrounds and pools (recommended to remain closed)

Some businesses are still prohibited from opening, including:

• Ballrooms, Banquet rooms, Meeting rooms;
• Gyms and fitness centers;
• Casinos
• Schools
• Sports Stadiums
• Cultural institutions/Destinations & Attractions/Large Venues

Mayor Lyda Krewson also announced that businesses with 10 or fewer employees can request free personal protective equipment for their employees.

(Kansas City): Kansas City issued its sixth Amended order 20-01, which will take effect at 12:01 A.M. on May 15, 2020, and expires at 12:01 A.M on May 31, 2020.

• Essential business may continue as under previous orders
• Non-essential businesses may resume, but must:
  • Adhere to social distancing
  • Allow employees able to work from home to continue to do so
  • Allow employees with health/safety concerns, or with children, to not report to work
  • Limit the number of customers to 10 of the building occupancy, or 10 people (whichever is greater)
  • Record names, contact information, and entry and exit time of everyone on premises for more than 10 minutes (the 10/10/10 rule)
  • Mandate all service providers wear mask where possible and where social distancing is not cannot be maintained
• Businesses may refuse customers without masks
• There are additional restrictions on individual, including religious, gatherings:
  • Gatherings indoor are to be limited to 10% the building occupancy or 10 people (whichever is greater)
  • Gatherings outdoor are to be limited 50 people
  • Individuals should also consider recording names, contact information, and entry and exit time of everyone on premises for more than 10 minutes (the 10/10/10 rule)

Nebraska:

Governor Ricketts has announced the phased relaxation of Directed Health Measures on a region-by-region across Nebraska. These less-restrictive DHMs allow for the limited reopening of dine-in services at restaurants and of salons, barber shops, tattoo parlors, and massage therapy services. They also increase the per room/space childcare limits from 10-15 children.

Husch Blackwell’s in-depth update and analysis of the Nebraska reopening orders is available here.

New Mexico:

Governor Lujan announced that the stay-at-home order set to expire May 15 will be extended to May 31, with allowances for increased retail and nonessential business activity.

The revised public health order—which will be released later this week—relaxes several restrictions on low-intensity contact services to relieve the pandemic’s downward economic pressure. Specifically, the order will provide for the following:

• all retailers who sell goods directly to the consumer or end user may operate according to COVID-Safe Practices (“CSPs”) at 25 percent fire code occupancy—this excludes entertainment venues such as movie theaters;
• nonessential businesses may operate according to CSPs at up to 25 percent of pre-crisis staffing levels, though employees will continue to be urged to work from home;
• houses of worship may operate at 10 percent occupancy; and
• additional state parks and certain outdoor recreation guides with CSPs will be allowed to operate.

Despite easing pandemic-related restrictions, the State remains concerned about the virus’ potential resurgence. As a result, all New Mexican’s will be required to wear masks in public places under the revised order.

The State also expects to roll out industry-specific guidance for CSPs that will enable all businesses permitted to operate under the revised order to do so as safely as possible. It is currently unclear exactly what the new guidance will require or the specific industries that will receive additional guidance.

Ohio:

Lieutenant Governor Jon Husted announced that sectors licensed by the State Medical Board of Ohio, including massage therapy, acupuncture, cosmetic therapy will be permitted to reopen on May 15, 2020 with the implementation of proper safety measures. Tattoo and body piercing services will also be permitted to reopen on May 15 with the implementation of proper safety measures.

Oklahoma:

May 14, 2020: Oklahoma moves into Phase 2 of Governor Stitt’s three-phase plan to re-open Oklahoma on May 15. Phase 2 of the plan includes the following:

Individual guidance:

• Continue following safer-at-home guidelines if individuals are over 65 or part of a vulnerable population
• Maintain social distancing from others when in public
• Avoid socializing in groups that do not readily allow for appropriate social distancing
• Consider resuming non-essential travel

Employer guidance:

• Close common areas or enforce social distancing and sanitation protocols
• Honor requests of personnel who are members of a vulnerable population for special accommodations
• Employers are recommended to implement social distancing protocols, which include proper sanitation and use of protective equipment when interacting with the public

Specific Employer guidance:

• Organized sports activities can reopen and operate under social distancing and sanitation protocols
• Visits to Senior Care Facilities and Hospitals should be prohibited
• Bars can operate with diminished standing-room occupancy, where applicable and appropriate, and under social distancing and sanitation protocols
• Funerals and weddings can resume under social distancing protocols
• Children’s nursery areas in places of worship can reopen

Oregon:

Governor Brown announced that the following counties can begin reopening under Phase I on May 15.

• Baker
• Benton
• Clatsop
• Columbia
• Coos
• Crook
• Curry
• Deschutes
• Douglas
• Gilliam
• Grant
• Harney
• Hood River
• Jackson
• Josephine
• Klamath
• Lake
• Lane
• Lincoln
• Linn
• Malheur
• Sherman
• Tillamook
• Union
• Wallowa
• Wasco
• Wheeler
• Yamhill

In Phase I, counties can begin the limited reopening of the following sectors under specific safety guidelines:

• Restaurants and bars for sit-down service
• Personal care and services businesses, including barbers and salons
• In-person gatherings of up to 25 people

Counties must remain in Phase I for at least 21 days before becoming eligible to advance to Phase II. If counties begin to see significant increases in COVID-19 cases or community spread, the Oregon Health Authority will work with local public health officials to evaluate what actions should be taken. Significant growth in COVID-19 spread could necessitate a county moving back from Phase I to a stay-home status.

Utah:

Governor Herbert announced that most of Utah will move to the Yellow or Low Risk Phase of its Coronavirus response. Salt Lake City, West Valley City, Wasatch County, Summit County, and Grand County will remain in orange.

Vermont:

Yesterday, May 13, 2020, Governor Scott signed an Amendment to Addendum 6 to Executive Order 01-20. Under this order nonessential businesses and services may resume business under an incremental and phased approach once the Agency of Commerce and Community Development (ACCD) issues guidance to mitigate the risk of spreading COVID-19 as the businesses reopen. However, the ACCD’s guidance must first begin with nonessential retail operations; occupancy, social distancing, and training requirements will exist for all businesses. Critical businesses may still operate under preexisting guidance. Addendum 2 which prohibited on-premises food consumption, Addendum 4 which required the closure of close contact businesses, and Addendum 5 which required businesses to implement teleworking are still in effect. The new order takes effect Monday, May 18, 2020.

Washington:

Governor Inslee announced the extension of three proclamations relating to COVID-19.

• Proclamation 20-31.1, waiving certain administrative requirements to licensed child care providers and foster and adoptive parents and related programs administered by the Department of Child, Youth, and Families, was extended to May 31.
• Proclamation 20-33.1, suspending certain statutes and regulations relating to foster care and group home systems was extended to May 18.
• Proclamation 20-28.1, relating to open public meetings and prompt responses for public records requests under RCW 42.56.520(1) was extended to May 31, with the understanding that the waiver/suspension will not apply to 5-day response requirements under the statute for public records requests received by an agency electronically.

Governor Inslee also issued guidance for resuming personal service (Memo and Phase 2 Personal Services Requirements) and professional services (Memo and Phase 2 Professional Services Requirements) in the Safe Start Phase 2 recovery plan. Through the Safe Start approach, counties with a population of less than 75,000 that have not had a new case of COVID-19 in the past three weeks can apply for a variance to move to Phase 2 of “Safe Start” before other parts of the state. County variance applications will be approved or denied by the secretary of the Department of Health. For counties granted variance to move to Phase 2, personal services may resume, effective May 13.

Personal services are cosmetologists, hairstylists, barbers, estheticians, master estheticians, manicurists, nail salon workers, electrologists, permanent makeup artists, tattoo artists, cosmetology schools, and esthetics schools.

Professional services are defined as an office-based occupation that typically serves a client base. This includes but is not limited to: accountants, architects, attorneys, engineers, financial advisors, information technologists, insurance agents, tax preparers, and other professional service occupations.

Wisconsin:

The Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 is unenforceable. As a result of the Court’s decision, Wisconsin’s Safer at Home Order is immediately unenforceable except as to the closure of public and private k-12 schools for the remainder of the school year. Husch Blackwell’s more in-depth analysis of the Court’s decision can be found here. There is currently no state-wide order in effect, but certain local municipalities have implemented their own related orders.

Wyoming:

Yesterday, Governor Gordon updated three public health orders which will allow restaurants to resume indoor and outdoor dine-in services so long as the tables are adequately spread out and employees were face coverings. Other businesses such as churches, funeral homes, and movie theaters are permitted to reopen under similar restrictions. Additionally, fitness facilities may allow for personal training, group classes, and the use of locker rooms. These orders will take effect May 15.

May 13, 2020

Arizona:

Pursuant to Executive Order 2020-36, pools, gym and fitness providers, spas, massage therapists, and personal services may reopen today, with physical distancing and enhanced sanitation, following guidance from the Arizona Department of Health Services.

Governor Ducey also issued an Executive Order which ends Arizona’s current stay at home (“Returning Stronger”) Order which is set to expire on May 15, 2020. The Order rescinds orders 2020-18 (stay at home order), 2020-24 (requiring certain travelers to self-quarantine after arriving in Arizona), and 2020-33 (“Returning Stronger” order), and provides that all other orders issued and still in effect since March 11th, remain in place unless guidance has been provided by ADHS on how to safely reopen or operate, or the orders expire, are amended, or are rescinded. ADHS has issued guidance regarding the reopening of, among other businesses, pools, gyms, and spas, and has also issued guidance for places of worship.

Under the new order, vulnerable individuals are encouraged to limit their time in public. All individuals in public areas should maximize physical distancing, and should avoid social settings where physical distancing is not practical, unless precautionary measures are taken. Businesses operating in the state that are employers or that serve the public are required to develop, establish, and implement policies based on guidance from the CDC, OSHA, and ADHS, in order to limit the spread of COVID-19. Counties, cities, and towns are prohibited from instituting any orders which conflict with, or are in addition to the new order, and may not issue any order which restrict persons from leaving their home due to the COVID-19 public health emergency. The order goes into effect at 12:00 a.m. on May 16, 2020, and remains in place until further notice, but shall be considered for repeal or revision every two weeks.

Governor Ducey has also announced that beginning May 16th, major league sports may resume a limited reopening without fans.

Connecticut:

On May 12, Governor Lamont issued Executive Order No. 7MM taking the following actions:

• Allowing municipalities to expedite changes to their zoning rules or other ordinances to expand outdoor dining;
• Creating an expedited approval process for restaurants and other establishments that serve food to get fast-tracked permission to create or expand outdoor dining areas;
• Allowing other businesses such as retail stores to get fast-tracked permission to sell goods on the sidewalk or in other outdoor areas, including shared spaces or spaces provided by municipalities;
• Allowing restaurants and other businesses who already have liquor permits to serve alcohol only with food without applying for a separate patio or extension of use permit; and
• Allowing private clubs to sell alcohol only to their members for delivery or pickup.

District of Columbia:

Mayor Bowser announced today that the District of Columbia is extending its stay-at-home order, ban on mass gatherings, and closure of non-essential businesses through June 8th in light of not seeing enough of a decline in infections. The order had previously been set to expire on Friday.

Georgia:

Governor Kemp signed Executive Order 05.12.20.02, which extends and amends business safety guidelines for the period of May 14th through May 31st. Under the new order:

• Georgia Department of Economic Development can provide guidance regarding whether a business is “Critical Infrastructure”
• Non-critical infrastructure businesses cannot allow gatherings (10+ people within six feet of each other)
• Restaurants and dining rooms are permitted to have no more than 10 patrons per 300 square feet of public space
• Live performance venues, operators of amusement rides, and bars are required to remain closed to the public
• Retail businesses, including food establishments, shall limit patrons to 50% of fire capacity or 8 patrons per 1,000 square feet
• Ambulatory surgical centers are permitted to provide the full scope of services
• Childcare facilities can permit 20 persons to gather in a single location

Idaho:

Governor Little is expected to make an announcement Thursday, May 14th, about moving the state to the next stage of Idaho’s four-stage reopening plan, which could include reopening businesses like restaurants and hair salons.

Illinois:

(Madison County): Madison County passed a 4-Phase Order to re-open. The first phase lasts from May 13 through May 27 and includes the following:

• Nonessential travel may resume
• Avoid social gatherings of 10 or more people
• Retail business may open with a 25% occupancy
• Restaurants/Bars may continue to prepare and serve food for off-premise consumption while serving through means such as in-house delivery, third-party delivery, drive-through service and curbside pick-up. Additionally, patrons may use seated dining at a rate of 25% occupancy
• Personal Care Providers (such as hair, nail, massage, etc.) may reopen. When possible limit customers by appointment only
• Professional Services (such as banking, accounting) may reopen. When possible limit customers by appointment only
• While the Madison County Board of Health recognizes the constitutional limitation we have to regulate attendance and religious freedom, churches and other places of worship may open with a 50% occupancy
• Childcare facilities may reopen. All food preparation surfaces, handles, knobs and common surfaces shall be sanitized before and after each use. Continual cleaning of surfaces used by employees and children is encouraged
• Gyms, exercise facilities and other indoor recreation spaces may reopen at 25% occupancy. Equipment should be maintained according to local health department guidelines
• Public parks, golf courses, campgrounds, athletic fields, swimming pools and other outdoor recreation spaces may reopen. Distancing between family members is at their discretion. Golf carts can have an occupancy of two people or more if designed for extra passengers. It is suggested that one bring sanitizing wipes for common items (items open to use by all visitors such as playground equipment). The bleacher section must follow social distancing guidelines. Personal seating may be used, but social distancing guidelines must be maintained
• Theatres, museums and bowling alleys may reopen at 25% occupancy.

The Illinois Statewide Order remains in place until the end of May. This County Order conflicts with Governor Pritzker’s re-opening plan and the state order may supersede the County Order.

Iowa:

Governor Reynolds signed a proclamation amending the Public Health Disaster Emergency. The proclamation permits salons, barbershops, and massage and tattoo establishments to reopen throughout Iowa in a limited fashion with appropriate public health measures in place. It also permits, with restrictions, restaurants (but not bars), fitness centers, libraries, and racetracks to reopen in the 22 counties where they have remained closed. These changes are effective at 5:00 a.m. on Friday, May 15.

The proclamation continues the other ongoing closures and public health measures, including the prohibition on social, community, recreational, leisure, and sporting gatherings and events of more than 10 people, until 11:59 p.m. on May 27, 2020.

Kentucky:

Today Phase 3 of Governor Beshear’s health care reopening begins allowing hospitals and care facilities to do non-emergency surgeries and procedures at 50% of their pre-COVID-19-era patient volume. Facilities will determine their own patient capacities starting May 27, as long as progress continues.

Maryland:

Governor Hogan is expected to announce tonight details on the state’s plans to reopen. According to several news outlets, the Governor will allow Washington suburbs and other hard-hit areas to opt out of the gradual reopening if they desire. We plan to provide a more complete update on Maryland’s plans following these announcements.

Nevada:

Governor Steve Sisolak declared a state of fiscal emergency arising from the strain the COVID-19 pandemic has put on public services in the State of Nevada.

New Jersey:

On Wednesday, May 13, Governor Murphy signed Executive Order No. 142, which begins to loosen some restrictions previously put in place. The Order allows for gatherings in vehicles provided that attendees remain in the vehicle in which they arrive and the vehicle remains completely closed when it is within six feet of any other vehicle or individual. That provision allowing for gatherings in vehicles took immediate effect.

Beginning 6:00 a.m. on Monday, May 18, the Order allows for the physical operation of all construction projects to resume subject to a list of precautions. For example, non-essential visitors must be prohibited, lunch breaks must be staggered, and workers must wear face coverings. Beginning at that same time, non-essential retail businesses will be permitted to reopen to the public for curbside pickup only. Customers may not enter the premises of the businesses.

North Carolina:

Governor Roy Cooper issued Executive Order No. 139, which will provide additional regulatory flexibility to help ensure capacity in the state’s health care system and improve its ability to effectively respond to the COVID-19 pandemic. The Executive Order temporarily gives the Secretary of the Department of Health and Human Services (“DHHS”) the ability to waive or modify regulations for accreditation for asbestos and lead testing professionals, accreditation of local health departments, and regulations impacting child care and high-risk health care facilities. The Executive Order ensures that DHHS can utilize certain authority provided by the federal government to respond to the COVID-19 pandemic.

Oklahoma:

Oklahoma is set to move into Phase 2 of Governor Stitt’s three-phase plan to reopen Oklahoma this Friday, May 15. Phase 2 includes the following:

Individual guidance:

• Continue following safer-at-home guidelines if they are over 65 or part of a vulnerable population
• Maintain social distancing from others when in public
• Avoid socializing in groups that do not readily allow for appropriate social distancing
• Consider resuming non-essential travel

Employer guidance:

• Close common areas or enforce social distancing and sanitation protocols
• Honor requests of personnel who are members of a vulnerable population for special accommodations
• Employers are recommended to implement social distancing protocols, which include proper sanitation and use of protective equipment when interacting with the public

Specific Employer guidance:

• Organized sports activities can reopen and operate under social distancing and sanitation protocols
• Visits to Senior Care Facilities and Hospitals should be prohibited
• Bars can operate with diminished standing-room occupancy, where applicable and appropriate, and under social distancing and sanitation protocols
• Funerals and weddings can resume under social distancing protocols
• Children’s nursery areas in places of worship can reopen

Following the expected move into Phase 2 on May 15, Oklahoma will move into Phase 3 if hospital and incident rates remain at a manageable level for 14 days. The plan includes a goal of moving into Phase 3 on June 1. At this point, the full details of Phase 3 have not been released but the plan includes the following recommended “starting points” for establishing Phase 3:

Employer guidance:

• Can resume unrestricted staffing of worksites

Specific Employer guidance:

• Summer camps (church and school) can open
• Visits to Senior Care Facilities and Hospitals should still be prohibited

Rhode Island:

No executive order updates. But, Governor Raimondo announced a plan to re-open restaurants for outdoor dining only beginning on May 18. Restaurants will be required to operate under the following rules:

• Dining will be by reservation only;
• Groups may not exceed five people;
• Tables must be at least 8ft apart or separated by barriers;
• No more than 20 tables will be allowed in any outdoor space;
• One-time-use paper menus/chalkboard menus are recommended;
• Condiments and utensils shall either be single-use or sanitized between uses;
• All high-traffic areas will have to be frequently cleaned;
• Tables and chairs shall be sanitized in between parties;
• All employees must wear face coverings
• All customers must wear face coverings when they are not eating;
• Self-service food stations like buffets and salad bars are prohibited;
• Cashless and contactless payment methods are encouraged;
• Pens and payment stations must be frequently cleaned; and
• No valet services are allowed.

South Carolina:

Governor McMaster issued Executive Order 2020-35 on May 12.

• It officially closes all South Carolina schools to remain closed for the rest of the 2019-2020 school year.
• It directs the South Carolina Department of Education to count any and all days of “distance learning” (where instruction was provided in good faith pursuant to that school district’s distance learning plan) as credit towards their 180 instructional day requirement.
• The South Carolina Department of Transportation and the Department of Public Safety must waive/suspend application and enforcement of the requisite state and federal rules and regulations pertaining to registration, permitting, length, width, weight, load and hours of service for commercial vehicles and operators of commercial vehicles. This section is effective immediately and shall remain in effect for 30 days.
• This Order shall remain in effect for 15 days.

Texas:

Governor Greg Abbott issued a proclamation on Tuesday extending his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 13 and extended on April 12, provides the state with resources to respond to the COVID-19 pandemic.

On Tuesday, the office of the Texas Attorney General Ken Paxton wrote letters to officials in San Antonio, Austin, Dallas warning that their local stay at home orders that impose greater restrictions than Governor Abbott’s Executive Order GA-21 are unenforceable. Among the local mandates identified in the letters as unlawful are the requirement to wear masks in public, the requirement to shelter in place, and restrictions on essential or reopened services. Additionally, the letter stated that the San Antonio mandate requiring essential businesses to provide masks to employees is invalid.

(Harris County): On May 8, Harris County Judge Lina Hidalgo issued a Third Amended Stay Home, Work Safe Order, amended to include the phased reopening of services consistent with Governor Abbott’s Order.

(Dallas County): On May 8, Dallas County Judge Clay Jenkins issued a Supplemental Order, which incorporates the phased reopening of services consistent with Governor Abbott’s Order. Judge Jenkins also issued a letter to law offices stating that they may not open yet, which the Texas Attorney General described as invalid.

Virginia:

Governor Northam said today that northern Virginia’s reopening in Phase One of the state’s reopening plan would be delayed until May 28th at the earliest, at least two weeks prior to the rest of the state entering Phase One. This announcement came after several northern Virginia cities and counties expressed the feeling that it was too soon for them to reopen like the rest of the state. Governor Northam had previously set May 15th as the tentative date for entering Phase One for the state. This announcement was formalized in an executive order the same day.

Washington:

Governor Inslee announced the extension of three proclamation relating to COVID-19.

• Proclamation 20-31.1, waiving certain administrative requirements to license child care providers and foster and adoptive parents and related programs administered by the Department of Child, Youth, and Families, was extended to May 31.
• Proclamation 20-33.1, suspending certain statutes and regulations relating to foster care and group home systems was extended to May 18.

Proclamation 20-28.1, relating to open public meetings and prompt responses for public records requests under RCW 42.56.520(1) was extended to May 31, with the understanding that the waiver/suspension will not apply to 5-day response requirements under the statute for public records requests received by an agency electronically.

West Virginia:

On May 13, Governor Justice announced that tanning businesses have been added to the list of entities that will be allowed to reopen, with limitations, in the upcoming Week 4 phase of Governor Justice’s reopening plan: West Virginia Strong – The Comeback.

Week 4 is currently scheduled to commence on Thursday, May 21. Tanning businesses will be required to follow additional guidelines to help keep their patrons and all West Virginians as safe as possible. These guidance documents will be provided on The Comeback page of the Governor’s Office website as soon as they become available.

May 12, 2020

Alaska:

Governor Dunleavy issued Health Mandate 018 on May 11, 2020, which went into effect on May 12, 2020 indefinitely. This Health Mandate prohibits all travel to or from a community off the road system or the Marine Highway System except as necessary for critical personal needs or the conduct of essential services and critical infrastructure. Businesses that have staff traveling between communities must file a protective plan detailing how the business will avoid the spread of COVID-19 and not endanger lives in the communities in which they operate. If traveling meets the above requirements, the following precautions should be taken:

• Minimize stops
• Only one traveler, if in a group, should engage with a third-party vendor (if stopping for gas, food, or supplies)
• Six-feet social distancing
• Cloth face coverings should be worn whenever a traveler engages with a third-party vendor
• Travelers who stop should wash their hands or use hand sanitizer before exiting and immediately after returning to their vehicle

Health Mandates 2-9, 11, and 12 have either expired or been superseded by a more recent Health Mandate.

Colorado:

On May 11, Governor Polis provided additional insight into the State’s ongoing analysis of when and how to lift the safer-at-home restrictions. The analysis is largely a data-driven assessment involving the following six factors: (1) the level of virus suppression achieved; (2) the ability to test for and contain the virus; (3) the potential for placing vulnerable populations at greater risk; (4) the healthcare system’s surge capacity; (5) level of risk versus the social, economic, or psychological reward; and (6) the sustainability of the existing policy.

The Governor estimates that the State will have sufficient data by May 25, to determine if certain ski resorts, restaurants, and summer camps may re-open. The current Safer at Home Order is presently set to expire on May 26.

Delaware:

On May 11, the Delaware Department of Labor announced steps for the self-employed to take to register for Pandemic Unemployment Assistance (PUA) as detailed in the CARES Act

On May 12, Governor Carney announced that the State of Delaware entered into an agreement with the nonpartisan research institution NORC at the University of Chicago to build Delaware’s statewide contact tracing program to contain COVID-19, limit Delawareans’ exposure to the disease, and restart Delaware’s economy. Under Delaware’s contact tracing program, Delawareans who have tested positive for COVID-19 should expect a phone call from a case investigator asking for information which includes a list of the person’s known contacts. Contact tracers will then reach out to each of those contacts to help them safely quarantine, to find alternate arrangements as necessary, and to help them get tested for COVID-19, if recommended.

On May 11, Governor Carney announced the Delaware Farmers’ Market Coalition, a group of market managers from across the state, the Delaware Department of Agriculture (DDA) is issuing protocols to help farmers’ markets safely begin opening starting May 15.

Louisiana:

Governor John Bel Edwards announced that Louisiana will move to Phase One under the White House COVID-19 guidance this Friday, May 15, which removes the Stay at Home order for Louisianans and allows additional businesses to open under strict occupancy, protection and social distancing guidelines. Governor Edwards will issue an updated proclamation, the Roadmap to a Resilient Louisiana: Phase One, on Thursday, May 14, which will detail the categories of businesses that can be open and those which must remain closed. This plan will adopt every major recommendation of the White House plan in Phase One.

All non-essential Phase One businesses and churches will be limited to 25% of their total occupancy. All Phase One businesses and churches must have their employees who deal with the public in face coverings or cloth masks and enforce social distancing. The 25% occupancy rate is based on the advice of public health officials who recommend that people generally have 110 square feet around them. This occupancy capacity includes customers and employees.

With the exception of gaming establishments, no church leader or business owner is required to register or to get approval of their opening plans in advance.

New types of businesses that may open beginning on May 15, with 25% occupancy limits, sanitation guidelines and spacing for physical distancing include: (1) gyms and fitness centers; (2) barber shops and hair and nail salons; (3) casinos and Video Poker; (4) theaters; (5) racetracks (not open to spectators); (5) museums, zoos, aquariums (no tactile exhibits); and (6) bars and breweries with LDH food permits.

The following businesses will remain closed: (1) massage establishments and spas; (2) tattoo parlors; (3) carnivals; (4) amusement parks; (5) water parks; (6) trampoline parks; (7) arcades; (8) fairs; (9) bars and breweries without LDH food permits; (10) pool halls; (11) contact sports; (12) children’s play centers; (13) playgrounds; (14) theme parks; (15) adult entertainment venues; and (16) other similar businesses.

Mississippi:

Executive Order 1481 was signed by Governor Reeves on May 11, 2020. It extends unemployment benefits provided to help workers and families in the state. Among other relief, this Order waives the one-week waiting period required to receive unemployment benefits for claims filed form March 8, 2020 to December 26, 2020. The Order also increases the $40 earning allowance to $200 from May 3, 2020 until June 27, 2020.

For employers, any charges related to COVID-19 and associated charges to rated and reimbursable employers’ accounts are waived from March 8, 2020 until June 27, 2020. Interest will not accrue during that period. First Quarter 2020 pay date imposed for contributions for rated and reimbursable employers is moved to July 31, 2020, and penalties for late reporting and contribution payments from March 8, 2020 to July 31, 2020 are suspended.

Montana:

On May 11, Governor Bullock announced expanded Phase One guidelines. Originally excluded under Phase 1, gyms and fitness studios, movie theaters and museums now have the option to reopen beginning Friday, May 15 as long as they adhere to strict guidelines limiting capacity, requiring social distancing, and imposing thorough sanitation requirements. The expanded Phase One Guidelines are available here.

North Dakota:

Governor Burgum and State School Superintendent Kirsten Baesler announced that beginning June 1, North Dakota schools will be allowed to host a number of activities, including summer school and college admissions testing. Students will also be allowed back in school buildings from May 15 to May 30 to retrieve their belongings and bring back any equipment that should be returned.

Governor Burgum said he will amend a previous executive order that has barred students from using school facilities for in-person instruction, while allowing those facilities to be used for graduation ceremonies.

Tennessee:

Governor Bill Lee issued two executive orders. Executive Order #36 extends and consolidates provisions from several previous Executive Orders to continue the suspension of a very wide range of laws in response to the COVID-19 emergency, including provisions relating to health care services, prescription processing, laboratory services, emergency services, transportation services, unemployment benefits, financial services, and child care services. Executive Order #36 also extends the prohibition against price gauging through June 1, 2020, and expiration dates for many licenses and inspections are extended or suspended. Executive Order #36 is effective May 18, 2020 through June 30, 2020.

Executive Order #37 extends the provisions of Executive Order #36, to continue allowing remote notarization and witnessing of documents. Executive Order #37 is effective May 18, 2020 through June 29, 2020.

Utah:

An Executive Order was entered Friday, May 8 suspending enforcement of a statute requiring certain retail licensees serving alcoholic beverage to notify the Department of Alcoholic Beverage Control prior to closing or ceasing operations.

Virginia:

Gov. Ralph Northam announced Tuesday that the northern part of the state may remain under stay-at-home orders for two weeks while the rest of the state began reopening nonessential businesses and public space. The order can be found here.

• Virginia may enter Phase One of reopening on Friday, May 15.
• Executive Order 62 allows Northern Virginia localities to delay implementation until midnight on Thursday, May 28.
• In conjunction with this order, Gov. Northam and State Health Commissioner M. Norman Oliver, MD, MA issued Order of Public Health Emergency Number Four, supporting the Executive Order.

Washington:

Governor Inslee announced the extension of nine proclamations as follows:

• Extend the statutory waivers and suspensions relating to licensing of health care workers cited in Proclamation 20-36.1 until July 8, 2020
• Extend the following statutory waivers and suspensions until May 31, 2020
  • Proclamations 20-37.1, temporarily waiving and suspending statutes and regulations requiring completion of nursing assistant training and testing to become certified nursing assistants within four months of nursing home employment;
  • Proclamations 20-38.1, waiving and suspending statutes and rules necessary to increase the availability of long-term care facility beds;
  • Proclamations 20-39.1, waiving and suspending statutes necessary to encourage retired public sector employees with critical skills for response to the COVID-19 State of Emergency to return to service;
  • Proclamations 20-41.1, waiving and suspending statutes necessary to reduce the risk of disease transmission to Department of Licensing employees and members of the public visiting its offices by temporarily extending the renewal date of personal and commercial driver licenses;
  • Proclamations 20-42.1, waiving and suspending statutory time limitations that if strictly applied may result in dismissal of DUI driver license suspensions;
  • Proclamations 20-43, involving annual leave and pay procedures for state employees;
  • Proclamations 20-44, authorizing a nursing home to transfer or discharge residents to another long-term care facility; and
  • Proclamations 20-52, extending orders relating to long-term care facilities.

West Virginia:

On May 11, Governor Justice announced the next wave of businesses and activities permitted to reopen as part of the upcoming Week 4 phase of the Governor’s reopening plan: West Virginia Strong – The Comeback.

The following entities are permitted to reopen, with limitations, in Week 4:

• Indoor dining at restaurants at 50% capacity (Guidance)
• Large/specialty retail stores (Guidance)
• State park campgrounds for in-state residents only (Guidance for all campgrounds)
• Outdoor recreation rentals (kayaks, bicycles, boats, rafts, canoes, ATVs and similar equipment) (Guidance)
• Outdoor motorsport and powersport racing with no spectators
• Hatfield McCoy Trail System (Guidance)

The executive order requiring out-of-state travelers to self-quarantine is also currently scheduled to be lifted during Week 4. In accordance with this scheduled change, new guidance documents are available for hotels, motels, condo hotels, rental properties, and cabins.

Week 4 is now scheduled to commence next Thursday, May 21, 2020.

May 11, 2020

Alabama:

Today Governor Ivey’s Amended Safer at Home Order goes into effect and allows more business to reopen sooner with restrictions. Starting today at 5:00 pm:

• Non-work gatherings are no longer limited to 10 people. All are still required to maintain 6 feet of distance between person not from same household.
• Restaurants, bars and breweries may open with limited table seating, 6 feet between tables and subject to additional sanitation rules and guidelines
• Athletic facilities (such as fitness centers and commercial gyms) may open subject to social-distancing and sanitation rules and guidelines. Specified athletic activities are still not allowed.
• Close-contact service providers (such as barber shops, hair salons, nail salons, tattoo services) may open subject to social-distancing and sanitation rules and guidelines.
• Beaches may open with no limit on gatherings. Must maintain 6 feet of separation.

Arizona:

Effective today, dine-in services may resume pursuant to Executive Order 2020-34, provided they implement physical distancing policies, limit the number of diner, and follow protocols as directed by the Center for Disease Control and Prevention, the United States Department of Labor Division of Occupational Safety, and the Arizona Department of Health Services.

Colorado:

The Denver metro area officially entered the safer-at-home phase of the State’s response to the pandemic on May 9. This phase allows most non-critical businesses to resume in-person operations subject to a variety face-covering, social-distancing, and health-screening requirements. As businesses plan to re-open, it is necessary that they understand these restrictions to avoid enforcement actions, complications with new employee rights, and the coronavirus’ spread.

Husch Blackwell’s in-depth analysis of the Denver order is available here.

Florida:

Effective today, Palm Beach County may implement Phase 1 Reopening, pursuant to Executive Order 20-112. Barbershops and salons may also resume operations in counties authorized to proceed with Phase 1, provided they implement the social distancing and precautionary measures listed by the Department of Business and Professional Regulation.

Governor DeSantis issued an Executive Order extending the Phase-1 Reopening Order to Palm Beach County, and authorizing barbershops and salons to reopen in counties authorized to proceed with Phase one, effective May 11, 2020.

Georgia:

Governor Kemp issued Executive Order 04.20.20.01 which permits a number of Georgia businesses to re-open, including all gyms, fitness centers, bowling alleys, movie theaters, hair salons, and massage therapy, body art studios, estheticians, hair designers, persons licensed to practice massage therapy.

Husch Blackwell’s in-depth summary of the Governor’s re-opening order is available here.

Illinois:

Governor Pritzker announced where each of Illinois’ four regions stand in relation to his 5-phase Restore Illinois plan. The four regions under this plan include: Northeast Illinois; North-Central Illinois; Central Illinois; and Southern Illinois. All regions are currently positioned in Phase 2 and the factors determining a region’s progression into Phase 3 are as follows:

• At or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day period, AND
• No overall increase (i.e. stability or decrease) in hospital admissions for COVID-19-like illness for 28 days, AND
• Available surge capacity of at least 14 percent of ICU beds, medical and surgical beds, and ventilators

Currently, all Illinois regions, with the exception of Northeast Illinois, are on track to move into Phase 3 at the end of May. At this point, Northeast Illinois fails under the first factor, concerning positivity rate. Notably, the Northeast Illinois region includes densely populated counties such as Cook, Will, DuPage and Lake, among others. However, Governor Pritzker emphasized that this positivity metric is based on a 14-day period and, as such, Northeast Illinois may still satisfy this requirement and progress into Phase 3 with Illinois’ other three regions.

Kentucky:

Governor Beshear announced requirements to begin reopening houses of worship, manufacturing, construction, government offices and agencies, retail and funeral services. Government offices and agencies can open on May 18 and funeral homes and houses of worship can open on May 20.

Louisiana:

Governor John Bel Edwards and the Louisiana Department of Health outlined a plan for COVID-19 testing and tracking that would hire as many as 700 Louisianans to serve as “contact tracers,” interviewing and advising people who have tested positive to determine who in their lives could also be at risk.

Massachusetts:

(City of Boston): Mayor Martin J. Walsh announced no parades or festivals would take place in the city through September 7, 2020.

Mississippi:

Governor Reeves issued Executive Order 1480, which amends EO 1477 to allow salons, barber shops, and other personal care and personal grooming facilities to open subject to restrictions and limitations, including:

• Prior to opening, salons must deep clean, disinfect, and sanitize the entire salon
• Daily screening of all employees
• Required employee reporting of any COVID-19 symptoms
• Required employee training regarding minimizing the spread of COVID-19
• Thorough cleaning of breakrooms and social distancing
• Mandatory face coverings for employees
• Mandatory face coverings for patrons except when receiving a service that cannot be provided while wearing a face covering
• Mandatory gloves for employees
• Clean capes for each patron
• Waiting areas must remain closed
• One customer to one employee ratio
• High-touch areas sanitized at least every two hours

Missouri:

(St. Louis County): St. Louis County issued a Public Health Order, which will take effect on May 18, 2020, remains in effect until rescinded or amended. Under this order, certain business will be able to reopen and resume certain activities prohibited under previous St. Louis County orders. Under this new order all businesses must:

• Limit any gatherings in any one location to 10 people or less
• Comply with social distancing requirements
• Require facemask for employees unless working alone in an enclosed area
• Make arrangements for:
  • Frequent disinfection of high-touch surfaces;
  • Reasonable breaks for employees and volunteers to wash their hands;
  • Training regarding the disinfection and social distancing requirements;
  • Face masks or materials to make face masks; and
  • Daily screening of employees and volunteers for symptoms of COVID-19.

Additionally, for those businesses that work directly with the public, the must:

• Provide physical barriers between customers and employees where possible, or ensure a distance of 6 feet
• Provide markings to indicate a 6 feet distance in areas where individuals are likely to congregate or form lines
• Post an outline of the social distancing policy outside the facility
• Provide separate hours of operation for at-risk individuals where possible
• Provide contactless payment, pick-up and delivery when feasible with postings on the availability of these services.
• Limit the number of people at a particular location to:
  • 25% of the capacity authorized by the fire or building code for those with less than 10,000 sq. ft.
  • 10% of the capacity authorized by the fire or building code for those with more than 10,000 sq. ft.

Some businesses are still prohibited from opening, including:

• Entertainment, conference, and sporting venues;
• Gyms and fitness centers;
• Banquet rooms;
• Bars and other businesses that primarily serve alcohol and not full meals;
• Indoor and outdoor pools;
• Sporting events, sports courts and playgrounds

Husch Blackwell’s update and in-depth analysis on the St. Louis County Order can be found here.

Nevada:

Governor Steve Sisolak signed Declaration of Emergency Directive 018 to begin re-opening the Nevada economy. Nevadans should still not gather in groups of ten or more people.

Effective May 9, 2020, all businesses that engage in retail sales may, in addition to providing retail sales on a curbside or home delivery basis, allow customer access, with a maximum occupancy of 50% based on listed fire code capacity. Car sales showrooms and restaurants may also open pursuant to 50% of the fire code capacity. Furthermore, nail salons, hair salons, and barbershops may open subject to restrictions. Drive in theaters may resume operations for movies and drive-in religious services under strict social distancing guidelines. However, movie theaters operating on a non-drive-in basis shall remain closed to the public.

The following non-essential businesses shall also remain closed during Phase One of the Nevada United: Roadmap to Recovery Plan: (1) nightclubs; (2) bars, pubs, and taverns not covered by Sections 17 or 18 of this Directive; (3) gyms and fitness facilities; (4) recreation and community centers including public pools; (5) museums and art galleries; (6) zoos and aquariums, but may remain open to staff members to maintain essential operations for the health and safety of animals; (7) entertainment venues, including sports venues, movie theaters with the exception of drive-in theaters covered in Section 14 of this Directive, museums, bowling alleys, arcades and other amusement venues, and miniature golf; (8) brothels; (9) adult entertainment facilities; (10) massage parlors, not to include massages for physical therapy or that are medically necessary as prescribed by a licensed healthcare provider; (11) spas, not to include nail salons, hair salons, and barber shops; (12) body art facilities; (13) body piercing facilities; and (14) tanning salons.

New York:

Governor Cuomo issued Executive Order 202.30 on Sunday, May 10. The Order requires that all nursing homes and adult care facilities test or make arrangements for the testing of all personnel for COVID-19 twice per week. Any positive results must be reported to the Department of health no later than 5:00 p.m. on the day following the receipt of positive results. By May 15th, the operator and the administrator of all nursing homes and adult care facilities must provide the Department of Health a certification of compliance with Executive Order 202.30. Failure to comply with this Order could subject the nursing home to $2,000 fines per violation per day or the Commissioner of Health may suspend or revoke the operating certificate of a noncompliant facility.

The Order also prohibits hospitals from discharging any patient to a nursing home unless the nursing home has certified that it is able to properly care for the patient and the patient has tested negative for COVID-19.

Wisconsin:

Andrea Palm, Secretary-designee of the Department of Health Services signed Emergency Order #36 Interim Order to Turn the Dial, which is effective immediately. The previous Safer at Home and Badger Bounce Back Orders (Orders #28, #31, and #34) all remain in effect and are modified only be the specific additions in this order.

Specifically, Emergency Order #36 expands the definition of Minimum Basic Operations, as defined under Emergency Order #28, to include in-person retail. As such, any standalone or strip mall-based retail stores with their own, individual entrances my offer in-person shopping for up to five customers at a time. Stores relying exclusively on mall or interconnect passage entrances may not offer in-person retail under this section. All stores must still comply with the social distancing and other requirements under Emergency Order #28.

Additionally, Emergency Order #36 allows drive-in movie theatres to open with certain restrictions.

The Wisconsin Economic Development Center, in partnership with the Wisconsin Department of Health Services, Wisconsin Department of Agriculture, Trade and Consumer Protection, and the Wisconsin Department of Tourism released general and industry specific guidance to help businesses reopen safely.

May 10, 2020

California:

Governor Newsom issued Executive Order N-63-20 on May 7, 2020, which alters a variety of labor-related administrative action, filing, and appeal deadlines. The extensions are plainly aimed at alleviating the burdens placed upon workers’ compensation and other labor-related administrative functions. The effect of the Governor’s action, however, is to further prolong the resolution of employment-related disputes.

The following statutory and regulatory deadlines are extended by 60 days:

• the Division of Labor Standards Enforcement’s Labor Commissioner’s deadline for filing preferred claims, mechanics’ liens, and other liens on behalf of employees;
• the timeframe within which the State’s administrative director must act upon Medical Provider Network applications;
• the deadline for submitting applications for the Return-to-Work Supplement;
• the deadline by which Workers’ Compensation Administrative Law judges must issue decisions;
• the period in which a party must request that the parties’ differences be submitted to a factfinding panel under Meyers-Milias-Brown Act post-impasse resolution procedures;
• the period in which a party must request that the parties’ differences be submitted to a factfinding panel under Educational Employment Relations Act post-impasse resolution procedures; and
• the deadline by which a party must request that the parties’ differences be submitted to a factfinding panel under Educational Employment Relations Act post-impasse resolution procedures.

The Order also extends by 60 days the following Cal/OSHA and other employment dispute filing and appeal deadlines, as well as certain administrative enforcement deadlines:

• all Labor Code sections and related regulations setting the time for the Labor Commissioner to issue any citation under the Labor Code, including a civil wage and penalty assessments;
• the deadlines for any employer or other person to appeal or petition for review of any citation issued by the Labor Commissioner;
• the period in which workers may file complaints and initiate proceedings with the Labor Commissioner;
• the issuance of Cal/OSHA citations; and
• the deadlines to appeal citations, notices, or orders of Cal/OSHA.

Colorado:

On May 9, 2020, the City and County of Denver entered the safer-at-home phase of the response to the coronavirus pandemic. Governor Polis had issued a Safer-at-Home Order last week, but the City’s shut down order, along with other cities in the metropolitan area, had remained in place. As of Saturday, Mayor Hancock issued guidance that, in effect, adopted the state’s Safer-at-Home restrictions with the addition of a mandatory mask order discussed below. The City and the State will remain in this safer-at-home phase until at least May 26, 2020.

Governor Polis extended the deadline for filing or remitting State severance taxes on oil, gas, and other minerals to May 15, 2020, through Executive Order D 2020 059. The order extends Executive Order D 2020 033.

Florida:

Governor DeSantis issued an Executive Order which extends the state of emergency by an additional 60 days, for the entire state, with immediate effect. The Order also clarifies that to the extent Executive Order 20-112, which implemented Phase 1 of Florida’s reopening, amended or extended an executive order related to COVID-19, such referenced orders remain in effect, as modified. The Direct of the Division of Emergency Management is directed to continue to execute Florida’s emergency management plan and response to the emergency.

Kansas:

Johnson County’s phased re-opening begins with Phase One on Monday, May 11. Under phase one, retail and restaurants may open with certain capacity restrictions. Gyms, barber shops, salons, community centers, large venues, graduations, organized sports, bars, and theaters remain closed.

Effective May 11, Wyandotte County/ Kansas City, Kansas enters the “red zone” under previously released guidance on ReStart WyCo, which includes “red,” “yellow,” and “green” zones. The red zone is “slightly relaxed” but “far from business as usual” and recommends the highest level of caution for vulnerable populations. Retail businesses may re-open for pick-up, and orders should be curbside delivered where possible. Non-essential business offices, and manufacturing and logistics centers may re-open, with work from home encouraged and six feet distancing between all employees required. Restaurants still may not offer dine-in, and only may offer take out or delivery.

Maine:

On May 8, 2020, Governor Mills announced a rural reopening plan. Under the plan, retail stores and restaurants will be permitted to open to in-store and some dine-in service, respectively – with enhanced safety precautions – in counties where community transmission are not present, including Aroostook, Piscataquis, Washington, Hancock, Somerset, Franklin, Oxford, Kennebec, Waldo, Knox, Lincoln, and Sagadahoc. Retail stores in these counties are permitted to open on Monday, May 11, 2020 with added health and safety precautions, including customer limits and social distancing. Restaurants in these same counties are permitted to open on Monday, May 18, 2020 with added health and safety precautions, including physically distancing customers, ensuring employees follow enhanced hygiene and sanitation practices, and controlling customer flow through reservations whenever possible. The May 11 and May 18 timelines align with the opening of the same businesses in New Hampshire.

On a statewide basis, Governor Mills also announced the following statewide adjustment to Stage 1 of Restarting Maine’s Economy plan:

• Fitness and exercise gyms, initially categorized in Stage 2, will now be permitted to open on May 11th for outdoor classes of 10 or less. One-on-one personal training inside fitness centers will be also be permitted.

Rhode Island:

Governor Raimondo issued Executive Order 20-32 on May 8, 2020 that goes into effect on May 9, 2020 and does several things, including partial relaxations on the Stay at Home Order:

• The portion of Executive Order 20-14 that required all Rhode Island residents to stay at home unless traveling to work, traveling for medical treatment or obtaining necessities is hereby repealed. All “vulnerable populations” identified by the CDC are “strongly advised’ to stay at hoe unless they must go out.
• All non-critical retail businesses with a physical location in Rhode Island shall be permitted to re-open for in-store pickup and limited browsing only. Only one customer per 300 square feet of store area is allowed in. These retail businesses must operate in accordance with social distancing protocols, guidelines and regulations set forth in Executive Orders 20-24 and 20-30.
• Employers must still encourage working remotely to the greatest extent possible. Any Rhode Island employer with employees who live in other states shall use all means available to enable these employees to telecommute or make other work-from-home arrangements. This does not apply to public health, public safety, or healthcare workers.
• State parks shall start to re-open in a graduated manner.
• Any person coming to Rhode Island from another state for non-work related purposes still must self-quarantine for 14 days. This does not apply to anyone traveling for medical treatment, to attend funeral/memorial services, to obtain “necessities,” dropping off/picking up children from day care, or anyone who must work on their boats. Any person who lives in Rhode Island and works in another state who can work from home is required to do so. This shall not apply to public health, public safety, or healthcare workers.
• Social gatherings of more than five people in any public or private space is still prohibited.
• The requirement that a Class B license must be held to sell alcohol for consumption only on the premises shall continue to be suspended. A Class B licensee will now be permitted to sell, with take-out food orders, up to two bottles of wine, 144 ounces of beer/mixed beverages in original factory sealed containers, and 144 ounces of draft beer or 72 ounces of mixed beverages containing not more than 9 ounces of distilled spirits in growlers, bottles or other containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken. Restaurants, bars and establishments that offer food and drink shall continue not to permit on-premises consumption of food or drink except in outdoor portions of the licensed premises.
• Elective medical procedures and other medical services shall be allowed to resume pursuant to plans submitted by healthcare providers and approved by the Rhode Island Department of Health.
• All recreation and entertainment establishments shall continue to cease in-person operations. All close-contact businesses shall continue to cease in-person operations.
• This Order shall remain in full force until May 23, 2020.

Governor Raimondo also issued Executive Order 20-31 on May 6, 2020 that extended nine executive orders:

• Executive Order 20-02 (Declaration of Disaster Emergency)
• Executive Order 20-03 (Supplemental Emergency Declaration – International Travel)
• Executive Order 20-06 (Fourth Supplemental Emergency Declaration – Expanding Access to Telemedicine Services)
• Executive Order 20-07 (Fifth Supplemental Emergency Declaration – Extension of Time for Weapon and Firearm Background Checks)
• Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration – Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates)
• Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration – Testing, Critical Supplies and Hospital Capacity Reporting)
• Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration – Increasing Access to Unemployment Insurance)
• Executive Order 20-20 (Seventeenth Supplemental Emergency Declaration – Further Quarantine Order)
• Executive Order 20-22 (Supplemental Emergency Declaration – Shareholder Meetings)

Governor Raimondo also issued Executive Order 20-33 on May 8, 2020 that suspends the statutes and rules necessary to allow expanded hospital capacity. Specifically, the hospital and nursing facility licensing statutes and rules (including but not limited to the nursing facility bed moratorium statute and rules) are suspended solely to the extent the services provided by the hospitals and nursing facilities are in response to this Order. The Order also gives statutory immunity for hospitals and health care workers dealing with COVID-19, and landlords making alternative hospital sites available to Rhode Island. This Order shall remain in full force until June 7, 2020.

South Carolina:

Governor McMaster issued Executive Order 2020-34 on May 8, 2020. Effective Monday, May 11, 2020, it authorizes restaurants to provide on-premises customer dining services in addition to previously authorized off-premises consumption and outdoor customer dining services. Restaurants that choose to provide indoor customer dining services “should” consider and incorporate applicable sanitation guidelines promulgated by the CDC, DHEC, and other state/federal public health officials. The Governor made this possible by modifying Section 4 of Executive Order 2020-10.

The Executive Order also rescinds the restrictions on beaching or rafting of boats, whether on a sandbar, lakeshore, riverbank, or island, and the requirement that vessels remain underway at all times laid out in Section 1(C) of Executive Order 2020-16 (as amended by Section 1(A) of Executive Order 2020-25). Individuals are still “urged” to limit social interaction, practice social distancing, and take precautions to avoid potential exposure to COVID-19.

South Dakota:

Order 2020-18, which required residents of Minnehaha and Lincoln counties at least 65 years old or with underlying medical conditions to stay home except to engage in essential activities or to report to work at a critical infrastructure, expires tomorrow. Upon the expiration of this order, the residents of those counties are expected to follow Governor Noem’s “Back to Normal” plan, as directed under Order 2020-20, which provides guidance for the state to resume business.

Washington:

Governor Inslee released additional guidance relating to reopening businesses under Safe Start Phase 1. The guidance centers on essential businesses as well as elective surgeries, vehicle and vessel sales, car washes, in-progress residential construction, and other activities.

May 8, 2020

Alabama:

Governor Ivey issued an Amended Safer at Home Order to allow more business to reopen sooner with restrictions. Starting Monday May 11, 2020 at 5:00 pm the following changes go into effect:

• Non-work gatherings are no longer limited to 10 people. All are still required to maintain 6 feet of distance between person not from same household.
• Restaurants, bars and breweries may open with limited table seating, 6 feet between tables and subject to additional sanitation rules and guidelines
• Athletic facilities (such as fitness centers and commercial gyms) may open subject to social-distancing and sanitation rules and guidelines. Specified athletic activities are still not allowed.
• Close-contact service providers (such as barber shops, hair salons, nail salons, tattoo services) may open subject to social-distancing and sanitation rules and guidelines.
• Beaches may open with no limit on gatherings. Must maintain 6 feet of separation.

Alaska:

Phase 2 of the Reopen Alaska Responsibly went into effect on May 8, 2020. It loosens some restrictions previously implemented by Phase 1 of the plan:

• Restaurants: 50% capacity, universal face coverings, sanitation and cleaning
• Retail: 50% capacity, universal face coverings, sanitation and cleaning
• Personal services (such as salons): 1:1 staff to customer ratio, universal face coverings, sanitation and cleaning, no waiting rooms
• Non-public facing business: social distancing, universal face coverings, sanitation and cleaning
• Public facing business: social distancing, universal face coverings, sanitation and cleaning
• Fishing charters: social distancing, capacity restrictions, cleaning & disinfecting
• Social, religious, and other gatherings: social distancing, 50-person maximum, universal face coverings suggested
• Gyms: social distancing, 25% capacity, sanitation and cleaning
• Lodges and camping: social distancing, cleaning and disinfecting, universal face coverings
• Childcare and day camps: social distancing, outdoors only, universal face coverings
• Intrastate travel: household members together, minimize stops, social distancing
• Swimming pools: 50% occupancy, social distancing, sanitation and cleaning
• Graduation ceremonies: 20-people maximum, alternative options, social distancing
• Bars: 25% capacity, universal face coverings, social distancing
• Theaters, bowling alleys: 25% capacity, reservations required, sanitation and cleaning, universal face coverings
• Bingo halls: 25% capacity, universal face coverings, social distancing
• Libraries, museums, archives: 25% capacity, universal face coverings, social distancing

California:

Governor Newsom issued new guidance for industries across the economic spectrum for obtaining the ability re-open. The guidance varies amongst the industries in some respects, but it generally provides a five-factor framework that all businesses must satisfy before being allowed to resume operations. The purpose of the guidance is to allow certain lower-risk workplaces to gradually re-open, including retail, manufacturing, and logistics businesses.

The framework requires businesses to take the following measures: (1) perform a detailed risk assessment and implement a site-specific protection plan; (2) train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms; (3) implement individual control measures and screenings; (4) implement disinfecting protocols; and (5) implement physical distancing guidelines.

Once a business demonstrates its compliance with and implementation of the above framework, it may re-open. While all industries remain subject to same cleaning and six-foot physical distancing requirements, the guidance contains industry-specific measures for securing authorization to re-open. For example:

• Retailers should increase pickup and delivery service options and encourage physical distancing during pickup;
• Retailers should install hands-free devices, if possible, including motion sensor lights, contactless payment systems, automatic soap and paper towel dispensers, and timecard systems;
• Manufacturing companies should close breakrooms, use barriers, or increase distance between tables/chairs to separate workers and discourage congregating during breaks;
• Warehouses should minimize transaction time between warehouse employees and transportation personnel, and perform gate check-ins and paperwork digitally if feasible; and
• Warehouse workers should clean delivery vehicles and equipment before and after delivery, carry additional sanitation materials during deliveries, and use clean personal protective equipment for each delivery stop.

Governor Newsom has not indicated when the State may progress beyond this second stage of re-opening and allow higher-risk businesses, such as movie theaters, to open.

Connecticut:

On May 7, Governor Lamont, during his daily news briefing, announced that the administration is utilizing seven criteria in its consideration for Phase 1 of Connecticut’s reopening efforts. These criteria include:

• 14 day decline in hospitalizations
• Increased testing available
• Sufficient contact tracing capacity
• Protect vulnerable populations
• Adequate healthcare capacity
• Adequate supply of PPE
• Appropriate workplace safeguards

More information can be found here.

On May 7, the Connecticut Department of Labor announced that it has made active the filing site so those who are self-employed can complete the necessary filing applications for Pandemic Unemployment Assistance (PUA). Those seeking to apply should visit www.filectui.com and locate the red button labeled with the PUA designation. The site will accept applications from self-employed individuals, including independent contractors and “gig” workers who have already applied through the state unemployment system and have received a determination notice in the mail.

Delaware:

On May 8, Governor Carney signed the Second Extension of State of Emergency which extended the stay-at-home order and its other modifications, through May 31.

On May 8, Governor Carney released a statement which announced June 1 as the target date for Phase I of the Economic Reopening. Details about Phase I of Delaware’s economic reopening will be released next week, but the general framework about Delaware’s recovery effort can be found here. Entering Phase I is contingent on the State of Delaware’s ability to contain the COVID-19 hot spot in Sussex County, and continued positive trends in COVID-19 cases and hospitalizations statewide.

Governor Carney indicated that before Delaware’s economy can reopen, the State must meet the following criteria, based on federal guidelines:

• 14-day decline in percent of positive cases
• Ability to treat COVID-19 patients in hospitals without crisis care
• Extensive testing programs for health care workers

Illinois:

(City of Chicago): Chicago Mayor Lori Lightfoot announced a five phase framework for reopening Chicago titled “Protecting Chicago.” This Chicago specific framework runs in conjunction with Governor Pritzker’s Restore Illinois plan. Mayor Lightfoot stated that Chicago has experienced Phase 1 and is now in Phase 2. Under this framework, Chicago’s progression into Phase 3 would include the following:

Phase Three: Cautiously Reopen - Strict physical distancing with some businesses opening; goal is to thoughtfully begin to reopen Chicago safely

• Non-essential workers begin to return to work in a phased way
• Select businesses, non-profits, city entities open with demonstrated, appropriate protections for workers and customers
• When meeting others, physically distance and wear a face covering
• Non-business, social gatherings limited to

Under this framework, advancement through the phases is based upon epidemiological criteria rooted in public health guidance that will be reviewed and revisited on an ongoing basis. The following specific epidemiological factors have been established to guide Chicago from Phase 2 to Phase 3:

• COVID-19 Case Rate (over 14 days, as a rolling average):
  • Declining rate of new cases, based on incidence and/or percent positivity
• Severe Outcome Rate (over 14 days, as a rolling average):
  • Stable or declining rates of cases resulting in hospitalization, ICU admission, and/or death
• Hospital Capacity Citywide (over 14 days, as a rolling average):
  • Hospital beds: <1800 COVID patients
  • ICU beds: <600 COVID patients
  • Ventilators: <450 COVID patients
• Testing Capacity:
  • Test at least 5% of Chicago residents per month
• Testing Percent Positivity Rates (over 14 days, as a rolling average):
  • Congregate: <30% positive tests
  • Community: <15% positive tests
• Syndromic Surveillance (over 14 days, as a rolling average):
  • Declining emergency department visits for influenza-like illness and/or COVID-like illness
• Case Investigation & Contract Tracing:
  • Expanded system in place for congregate and community investigations and contact tracing

Kansas:

The Stay at Home Orders in Johnson County and Wyandotte County/ Kansas City, Kansas expire on Sunday, May 10 at 11:59 p.m. After expiration, Johnson County will follow along with the Kansas State Re-Opening Order, Ad Astra: A Plan to Reopen Kansas. Johnson County has issued a phased re-opening, with Phase One planning to begin on Monday, May 11. Wyandotte County has previously released guidance on ReStart WyCo, including the “red,” “yellow,” and “green” zones. However, as of date, Wyandotte County has not indicated when it will move from the Stay at Home zone to the red zone.

Kentucky:

Governor Beshear announced the second phase of reopening Kentucky.

The new tentative dates for reopening are:

• May 22 – Restaurants, with limited 33% capacity and outdoor seating
• June 1 – Movie theaters, fitness centers
• June 11 – Campgrounds, public and private
• June 15 – Child care, with reduced capacity; and potentially low-touch and outdoor youth sports

All businesses should follow the 10 rules of staying healthy at work as well as industry-specific guidance, which will be issued as soon as possible.

The Governor added that Phase 3 is coming July 1 with bars, with limitations, and gatherings up to 50 people allowed.

Missouri:

(St. Louis County): St. Louis County issued a Public Health Order, which will take effect on May 18, 2020. Under this order, certain business will be able to reopen and resume certain activities prohibited under previous St. Louis County orders. Under this new order all businesses must:

• Limit any gatherings in any one location to 10 people or less
• Comply with social distancing requirements
• Require facemask for employees unless working alone in an enclosed area
• Make arrangements for:
  • Frequent disinfection of high-touch surfaces;
  • Reasonable breaks for employees and volunteers to wash their hands;
  • Training regarding the disinfection and social distancing requirements;
  • Face masks or materials to make face masks; and
  • Daily screening of employees and volunteers for symptoms of COVID-19.

Additionally, for those businesses that work directly with the public, the must:

• Provide physical barriers between customers and employees where possible, or ensure a distance of 6 feet
• Provide markings to indicate a 6 feet distance in areas where individuals are likely to congregate or form lines
• Post an outline of the social distancing policy outside the facility
• Provide separate hours of operation for at-risk individuals where possible
• Provide contactless payment, pick-up and delivery when feasible with postings on the availability of these services.
• Limit the number of people at a particular location to:
  • 25% of the capacity authorized by the fire or building code for those with less than 10,000 sq. ft.
  • 10% of the capacity authorized by the fire or building code for those with more than 10,000 sq. ft.

Some business are still prohibited from opening, including:

• Entertainment, conference, and sporting venues;
• Gyms and fitness centers;
• Banquet rooms;
• Bars and other businesses that primarily serve alcohol and not full meals;
• Indoor and outdoor pools;
• Sporting events, sports courts and playgrounds.

(St. Louis City): St. Louis City announced that it plans to begin gradually reopening certain businesses along with St. Louis County on May 18, 2020.

New Jersey:

Governor Murphy on Friday, May 7 signed Executive Order No. 140. The Order creates the Governor’s Restart and Recovery Advisory Council, which will provide guidance to the Governor on the reopening and recovery of New Jersey’s economy, taking into account the unique facets of the state’s economy and society.

New York:

Governor Cuomo issued Executive Order 202.28. The Order allows tenants of residential properties to enter into agreements with their landlords to use any security deposit to pay rent in arrears or that will become due. The Order also extends New York’s temporary moratorium on evictions. Through June 6, 2020, there may be no initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent or a foreclosure of any residential or commercial mortgage, for nonpayment of such mortgage, owned or rented by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020.

Oregon:

Governor Brown announced details of her framework for rebuilding a safe and strong Oregon, including new guidance for counties and businesses on the phased reopening process (a transcript of her speech can be found here). Governor Brown’s new guidance on reopening calls for the widespread use of face coverings, maintaining physical distance of six feet between individuals as much as possible, and following good hygiene and disinfection practices.

Under Phase 1, counties may submit applications to reopen by demonstrating they meet all prerequisites for reopening. Oregon counties can begin submitting applications on Friday, May 8. Counties must:

• Show a decline in COVID-19 or have fewer than 5 hospitalizations
• Have sufficient COVID-19 testing and contact tracing capability
• Establish plans for the isolation and quarantine of new cases
• Have the hospital capacity to handle any surge in COVID-19 cases
• Have enough personal protective equipment for health care workers

Counties that meet all of the above criteria will be eligible to enter Phase I of reopening on May 15, pending approval of their application by the Governor and recommendations from the Oregon Health Authority.

In Phase I, counties can begin the limited reopening of the following sectors under specific safety guidelines:

• Restaurants and bars for sit-down service
• Personal care and services businesses, including barbers and salons
• In-person gatherings of up to 25 people

Counties must remain in Phase I for at least 21 days before becoming eligible to advance to Phase II. If counties begin to see significant increases in COVID-19 cases or community spread, the Oregon Health Authority will work with local public health officials to evaluate what actions should be taken. Significant growth in COVID-19 spread could necessitate a county moving back from Phase I to a stay-home status. More details on Phases II and III are forthcoming.

The Governor also announced that large gatherings such as conventions, festivals, and major concerts and live audience sporting events will need to be cancelled at least through September. Further guidance on large events will be provided in the coming months.

Pennsylvania:

On Friday, May 8, twenty-four counties in Pennsylvania went into the yellow phase of the Commonwealth’s reopening plan. In the yellow phase, some restrictions on work and social interaction are eased while others, such as closures of schools, gyms, and other indoor recreation centers, hair and nail salons, as well as limitations around large gatherings, remain in place. The counties now in the yellow phase are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango, and Warren.

Governor Wolf also announced that thirteen more counties will move into the yellow phase at 12:01 a.m. Friday, May 15. Those counties are Allegheny, Armstrong, Bedford, Blair, Butler, Cambria, Fayette, Fulton, Greene, Indiana, Somerset, Washington and Westmoreland.

South Dakota:

Order 2020-18, which required residents of Minnehaha and Lincoln counties at least 65 years old or with underlying medical conditions to stay home except to engage in essential activities or to report to work at a critical infrastructure, will expire this Monday, May 11, 2020. Governor Noem does not plan to extend the order.

Tennessee:

Tennessee Governor Bill Lee issued Executive Order #35 which amended Executive Order #30 to allow small-group, non-contact entertainment, recreational and other gathering venues to open on May 8, 2020, so long as people are in groups of less than 10 and people maintain at least 6 feet of separation from other people or groups of less than 10 outside of their own group. Examples of venues that may be permitted to open include bowling alleys, climbing gyms, water sports, golf driving ranges and dance classes. Bars, night clubs, live performance venues, theaters, amusement parks, and other venues where operation is likely to result in people being in groups of 10 or more or coming into close proximity to other people outside their household or small group of less than 10 people must remain closed. All businesses that reopen under Executive Order #35 should comply with the Economic Recovery Group’s Non-contact Recreation Guidelines.

Texas:

(City of Austin, Travis County): Austin and Travis County extended their stay at home mandates which were set to expire today. Austin's Order extends the stay-at home mandates until May 30, while Travis County's Order extends them until June 15. The Orders extend the requirement to social distance, minimize public gatherings, and wear facial coverings in public, but provide that no civil or criminal penalty will be imposed for failure to wear a face covering. Both Orders contain a new exception for reopened services consistent with Governor Abbott’s Order. The Travis County Order also includes as an exhibit the initial recommendations of the Opening Central Texas for Business Task Force released by the Austin Chamber of Commerce. The Chamber convened the task force in response to a request by Austin Mayor Steve Adler and Travis County Judge Sarah Eckhardt to create a set of policy recommendations to guide the reopening of businesses in Central Texas.

Virginia:

Governor Ralph Northam outlined the framework for Phase One of his reopening plan (titled #Forward Virginia). The plan will:

• Likely begin to be implemented next Friday, May 15.
• Allow non-essential retail to open at 50% occupancy, and require employees to wear face masks.
• Require restaurant and beverage services to remain takeout and delivery only.
• Allow businesses with a permit for outside seating to offer limited outdoor dining at 50% capacity. Employees would be required to wear masks, and tables would need to be spaced.
• Require gyms, entertainment-related businesses (i.e. bowling alleys, theaters) will remain closed.
• Allow outdoor exercise with up to 10 participants, with 10 feet of distance between each person, following guidelines for equipment (see Phase One Plan).
• Continue to impose a 10-person limit for fishing and exercise on beaches.
• Allow places of worship to conduct services at 50% capacity.
• Allow salons to open on an appointment-only basis, at 50% capacity. Customers and workers will be required to wear face masks, except for certain services (see Phase One Plan).

You can view the Forward Virginia Blueprint, which also contains details for Phase II and Phase III, here.

Washington:

Governor Inslee announced additional guidance relating to Safe Start Phase 1. The guidance documents released include:

• A list of approved essential programs
• Phase 1 Higher Education & Critical Infrastructure Workforce Training Restart COVID-19 Requirements
• Guidelines for Commercial Driver Licenses

(Seattle): Mayor Jenny Durkan announced the city will permanently close nearly 20 miles of Seattle streets to through traffic to provide more space for people to walk and bike while social distancing.

Wyoming:

Yesterday, May 7, 2020, Governor Gordon announced his plans to call a special legislative session on May 15, 2020, at 8:00 a.m. to discuss how government funds and other resources will be used to assist businesses and residents financially impacted by COVID-19. Due to social distancing requirements, the session will be livestreamed. The proposed bills for the special session are posted online here.

May 7, 2020

Alaska:

Governor Dunleavy released Phase 2 of the Reopen Alaska Responsibly plan later today. Phase 2 begins on May 8 and permits, among other things:

• Restaurants may begin operating at 50% capacity; face coverings must be worn
• Retail stores may begin operating at 50% capacity; face coverings must be worn
• Personal services may operate with a 1:1 staff to customer ratio; face coverings must be worn
• Non-public and public facing operations may begin operating; face coverings must be worn
• Gyms may operate at 50% capacity
• Social, religious, and other gatherings of up to 50 people are permitted; face coverings are suggested

California:

Governor Newsom issued two Executive Orders on Wednesday, May 6, 2020, aimed at providing additional tax relief for small businesses and making it easier for employees to claim workers’ compensation benefits. These orders are part of the State’s effort to facilitate its transition to a partial reopening on Friday, May 8, 2020.

For the next 60 days, insurance carriers and self-insured employers providing workers’ compensation benefits must presume that employees claiming COVID-19 related illness are entitled to compensation. Executive Order N-62-20 provides a rebuttable presumption that employees testing positive for or diagnosed with COVID-19 after March 19, 2020, contracted the illness in the course of their employment. The presumption does not apply to employees working from home, and any employee claiming a COVID-19 diagnosis must have that diagnosis confirmed through testing within 30 days. Executive Order N-62-20 also requires all insurance carriers and self-insured employers to reject workers’ compensation claims within 30 days to avoid the presumption of compensability.

Executive Order N-61-20 allows small businesses experiencing COVID-19 related economic hardship to avoid late-payment penalties for real property taxes due after April 10, 2020, through May 6, 2021. Further, small businesses now have until May 31, 2020, to file business personal property statements to avoid penalties.

Iowa:

Governor Reynolds signed a proclamation continuing the Public Health Disaster Emergency. The proclamation permits some businesses to reopen in a limited fashion with appropriate public health measures in place, including: dental services, campgrounds, drive-in movie theaters, tanning facilities, medical spas, social clubs, fitness centers, and malls.

The order also temporarily suspends the expiration of liquor licenses, the requirement that schools cannot start prior to August 23, and several professional licensure requirements.

Kentucky:

Governor Beshear issued a new executive order that continues to ban anyone with a positive or presumptively positive case of COVID-19 from entering Kentucky, except as ordered for medical treatment. It also keeps in place requirement of social distancing on public transportation, and requests that people travelling from out of state into Kentucky self-quarantine for 14 days, unless traveling for employment or other essential activities.

Health Care Phase 2 has begun with outpatient and ambulatory surgery and invasive procedures.

Michigan:

Governor Whitmer signed Executive Order 2020-76, which rescinds and replaces Executive Order 2020-57. The new order builds upon earlier orders and continues to expand eligibility for unemployment benefits during the continuing COVID-19 pandemic. This allows the state to review only an individual’s most recent job separation, which is the cause of the current unemployment, to determine the individual’s benefit entitlement.

Governor Whitmer also signed Executive Order 2020-77 to extend Michigan’s Stay Home, Stay Safe order to May 28. The order will allow manufacturing workers, including those at Michigan’s Big 3 auto companies, to resume work on Monday, May 11 as part of the MI Safe Start Plan.

Under the new order, manufacturing facilities must adopt measures to protect their workers from the spread of COVID-19. That includes conducting a daily entry screening protocol for workers and everyone else entering the facility, including a questionnaire covering symptoms and exposure to people with possible COVID-19, together with a temperature screening as soon as no-touch thermometers can be obtained. They must also create dedicated entry points at every facility, and suspend entry of all non-essential in-person visits, including tours.

Manufacturing facilities must also train workers on, among other things, how COVID-19 is transmitted from person to person, signs and symptoms of COVID-19, steps workers must take to notify the business or operation of signs and symptoms of COVID-19 or suspected or confirmed diagnosis, and the use of personal protective equipment.

All businesses in the state—including manufacturers—must require masks to be worn when workers cannot consistently maintain six feet of separation from others, and consider face shields for those who cannot consistently maintain three feet of separation from other workers.

The governor’s Stay Home, Stay Safe order remains in effect until May 28, 2020. Under this order, Michigan residents still must not leave their homes except to run critical errands, to engage in safe outdoor activities, or to go to specified jobs.

Missouri:

(Jackson County): Issued its Recovery Plan Phase 1, which takes effect on May 11, 2020. Under this plan:

• Residents should not gather in groups greater than 10 people
• Entertainment venues, gyms, outdoor playgrounds, and sport courts must remain closed
• Retail establishments, personal services such as salons, and dine-in restaurants may open but must limit the number of people to
  • 25% capacity of that authorized by the fire or building code for those with less than 10,000 sq. ft.
  • 10% capacity of that authorized by the fire or building code for those with more than 10,000 sq. ft.
  • 1 person per 30 sq. ft. if occupancy load is not locally defined
  • Such limits must be posted

Ohio:

Governor Mike DeWine, Lt. Governor Jon Husted, and Dr. Amy Acton, MD, MPH, announced the next phase of the Responsible RestartOhio plan as it relates to restaurants, bars, and personal care services. Restaurants and bars in Ohio will be permitted to reopen for outdoor dining on May 15 and for dine-in on May 21. Personal care services such as hair salons, barbershops, day spas, nail salons, and tanning facilities may reopen on May 15.

Oregon:

The Oregon Department of Consumer and Business Services announced it issued a new emergency order, which is not yet available online, for health insurance companies during the COVID-19 outbreak.

The order requires health insurance companies to:

• Provide at least a 60-day grace period to pay any past due premiums
• Pay claims for any covered services during the first 30 days of the grace period
• Extend all deadlines for reporting claims and other communications, and provide members with communication options that meet physical distancing standards

Pennsylvania:

On Wednesday, May 6, Governor Wolf issued an executive order that grants significant protections from civil liability to health care practitioners. The order provides immunity to individuals licensed or certified in Pennsylvania to practice a health care profession or occupation and who are engaged in providing COVID-19 medical and health treatment or services during Pennsylvania’s COVID-19 disaster emergency response. The immunity excludes acts or omissions that constitute a crime, gross negligence, or fraud, malice, or other willful misconduct.

The order also extends immunity to those medical professionals in Pennsylvania that provide services in any health care facility as defined by the Health Care Facilities Act, as well as any nursing facility, personal care home, assisted living facility or any alternate care site, community-based testing site or non-congregate care facility used for the purpose of conducting emergency services activities or the provision of disaster services activities related to Pennsylvania’s COVID-19 disaster emergency response. It likewise affirms immunity for persons or entities that allow the use of their real estate or other premises for emergency services without compensation in the case of death, injury, or loss or damage to the property of any person who is on the premises for the purpose of those emergency services.

On Thursday, May 7, Governor Wolf signed an executive order that generally prohibits evictions and foreclosures in Pennsylvanians through July 10.

Tennessee:

(City of Nashville and Davidson County): Nashville and Davidson County will enter Phase 1 of the Roadmap for Reopening Nashville on Monday, May 11, 2020. On May 11, retail stores, restaurants, and commercial businesses may reopen at half capacity, all residents should wear masks in public, and no gatherings of more than 10 people are permitted. Residents 65 and over should remain at home and those having the ability to work at home should continue to do so.

(City of Memphis): Memphis Mayor Jim Strickland issued two Orders continuing Phase 1 of the City’s reopening plan and the COVID-19 state of emergency. Order No. 13-2020 amends and replaces Order No. 12-2020, and includes the following:

• Individuals should stay home except when engaging in necessary activities and should minimize in person contact outside of those in their household
• Individuals must comply with Social Distancing Requirements and are encouraged to wear masks when in public
• Gatherings of 10 or more remain prohibited
• Phase I businesses are allowed to reopen, and they must
  • Operate in accordance with the COVID-19 Compliant Protocol
  • Comply with occupancy limits
  • Practice social distancing
• Certain businesses remain closed, including close contact personal services, entertainment and performance venues, contact sport facilities, and public playground equipment
• Big box grocery, pharmacy and hardware stores must provide at least one hour of access for vulnerable populations, i.e., those 55 and older, pregnant or with serious underlying medical conditions
• Medical and dental procedures and operation of places of worship are subject to Tennessee Governor Bill Lee’s Executive Orders

Mayor Strickland also issued Order No. 14-2020 extending his declaration of a state of emergency relating to COVID-19 an additional 7 days, through May 11, 2020.

Both Orders are effective May 5, 2020.

Texas:

Governor Greg Abbott issued Executive Order GA-22 to allow the immediate reopening of cosmetology salons, hair salons, barber shops, nail salons or shops, and other establishments where licensed cosmetologists or barbers practice their trade. In addition, the Order amended all previous Orders to eliminate confinement in jail for violation of the orders. No jurisdiction can confine a person in jail for violating any order by local officials, and the new Executive Order supersedes any order by local officials in response to the COVID-19 pandemic that would allow confinement in jail. The order is retroactive to April 2.

Utah:

The Governor signed an executive order yesterday afternoon adjusting restrictions dealing with sports, personal care service and church services.

• The guidelines ensure churches keep people separate by at least 6 feet, and encourage religious leaders to hold multiple services so crowds will be smaller.
• Sports can’t be played unless people are 10 feet apart. Yoga, dance, and martial arts studios can reopen if social distancing is followed.
• Clients obtaining personal care services can remove their mask when it would interfere with the service they’re receiving.

Washington:

Governor Inslee signed a proclamation waiving statutes related to the funding process for certain collective bargaining agreements to enable the Office of Financial Management to use federal funding to address increased COVID-related costs for certain represented employees. Current law may require that funding not be provided until after the next legislative session; however, the increased costs and need for funding exists now.

May 6, 2020

Arkansas:

On May 5, 2020, Governor Hutchinson signed Executive Order 20-25, which extends the public health emergency in the State of Arkansas for an additional 45 days from the date of the Order.

Colorado:

Adams, Arapahoe, Boulder, Broomfield, Denver, and Jefferson counties all stated that they would allow their respective stay-at-home orders to expire this Friday, May 8, 2020. Each county has indicated that it will effectively abide by Governor Polis’ April 26, 2020 safer-at-home order.

The City and County of Denver has also issued a “Face Covering Order” that largely incorporates the face-covering requirements for employers found in Public Health Order 20-26 and expands those requirements to the County’s residents. Under the order, all members of the public, including children aged three or older, must wear face coverings outside the home or place of residence when: they are inside a commercial or retail business; obtaining healthcare services; or riding or waiting for public transportation. The order will remain in effect until modified or rescinded.

Illinois:

Governor Pritzker announced a 5-Phase plan to “Restore Illinois.” Illinois will move through the phases regionally based on the following four regions: Northeast Illinois; North-Central Illinois; Central Illinois; and Southern Illinois. Notably, the Northeast Illinois region includes densely populated counties such as Cook, Will, DuPage and Lake, among others. Governor Pritzker noted that Illinois has already experienced Phase 1 of the plan and is now positioned in Phase 2. Movement from Phase 2 to Phase 3 will be driven by the COVID-19 positivity rate in each region and measures of maintaining regional hospital surge capacity. Data relevant to this includes:

• At or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day period, AND
• No overall increase (i.e. stability or decrease) in hospital admissions for COVID-19-like illness for 28 days, AND
• Available surge capacity of at least 14 percent of ICU beds, medical and surgical beds, and ventilators

Phase 3 includes the following:

• Gatherings: All gatherings of 10 people or fewer are allowed with this limit subject to change based on latest data & guidance
• Travel: Travel should follow IDPH and CDC approved guidance
• Health Care: All health care providers are open with DPH approved safety guidance
• Education and child care: Remote learning in P-12 schools and higher education; Limited child care and summer programs open with IDPH approved safety guidance
• Outdoor recreation: State parks open; Activities permitted in groups of 10 or fewer with social distancing
• Businesses:
  • Manufacturing: Non-essential manufacturing that can safely operate with social distancing can reopen with IDPH approved safety guidance
  • “Non-essential” businesses: Employees of “non-essential” businesses are allowed to return to work with IDPH approved safety guidance depending upon risk level, tele-work strongly encouraged wherever possible; Employers are encouraged to provide accommodations for COVID-19-vulnerable employees
  • Bars and restaurants: Open for delivery, pickup, and drive through only
  • Personal care services and health clubs: Barbershops and salons open with IDPH approved safety guidance; Health and fitness clubs can provide outdoor classes and one-on-one personal training with IDPH approved safety guidance
  • Retail: Open with capacity limits and IDPH approved safety guidance, including face coverings

Linear movement through the phases is not guaranteed and, following IDPH recommendation, regions may be moved back into a previous phase. The factors which may cause a regression include:

• Sustained rise in positivity rate
• Sustained increase in hospital admissions for COVID-19 like illness
• Reduction in hospital capacity threatening surge capabilities
• Significant outbreak in the region that threatens the health of the region

Iowa:

Iowa Director of Revenue Kraig Paulsen announced businesses in Iowa can continue to apply for a second round of deferral of state sales and/or withholding tax. The first round stopped accepting applications on April 30. The second round of the Iowa Small Business Relief Tax Deferral program is available for tax periods beginning May 1, 2020 through June 30, 2020, but note the program has different terms:

• Only payments are deferred.
• Sales tax and withholding tax returns must be timely filed on or before the due date. If tax returns are not timely filed, you will be disqualified from the program and late payment and filing penalties will apply.
• Each payment included in the new program is deferred for 30 days. Penalties will apply and interest will begin to accrue if payment is not made by the end of the 30-day deferral period.

Payments deferred between and including March 20, 2020 and April 30, 2020 are still deferred for 60 days as indicated in the notice you received previously.

Maryland:

Governor Hogan announced today the first easing of the state’s stay-at-home order. Mainly, certain elective surgeries will now be permitted, and additional outdoor activities such as golf will be allowed for residents. Nonetheless, the steps outlined fall far short of the first phase of his reopening plan, and a date has still not been suggested for lifting the state’s stay-at-home order.

Massachusetts:

(Statewide): Governor Baker announced the state could be opening on May 18, 2020, when the current order expires if the number of cases has trended down.

Missouri:

(Kansas City): Issued its fifth Amended order 20-01, which supersedes all prior orders, and takes effect at 12:01 A.M. May 6, 2020, until 12:01 A.M. May 15, 2020. Under this new order Non-essential businesses:

• Are permitted to begin opening with social distancing, while limiting customers to 10% of building occupancy, or 10 people (whichever is greater)
• must record names, contact information, and entry and exit time of everyone on premises for more than 10 minutes (the 10/10/10 rule)
• Must allow employees able to work from home to continue to do so
• Must allow employees with health/safety concerns, or with children, to not report to work
• Mandate all service providers wear mask where possible and where social distancing is not cannot be maintained
• Religious gatherings for various purposes may resume if limited to 10% of building occupancy, or 10 people (whichever is greater) and 50 people outside
• Inside dining areas of restaurants and bars, public access to government buildings, gyms, the city zoo, museums, and city playgrounds are to remain closed

Violating this order could result in the loss of a Certificate of Occupancy and/or Business Licenses.

New Jersey:

Governor Murphy on Wednesday, May 6 signed Executive Order No. 138, which again extends the Public Health Emergency in New Jersey. Under New Jersey’s Emergency Health Powers Act, a Public Health Emergency will expire after thirty days unless renewed. The Public Health Emergency Governor Wolf previously renewed on April 7, 2020 through Executive Order No. 119 was set to expire after tomorrow.

New Mexico:

Effective today, New Mexico began implementing mandatory face-covering requirements for certain essential businesses. On May 5, 2020, the New Mexico Department of Public Health released an amended Public Health Order. The order requires that all essential businesses that (a) sell goods or services to consumers inside their places of business, such as grocery or hardware stores, and (b) either operate with a footprint of greater than 50,000 square feet or operate as a restaurant must require their employees to wear face coverings or medical grade masks. Beginning on May 11, 2020, all other essential businesses selling goods or services to consumers inside their places of business must abide by the same face-covering requirements. This mandate will remain in effect until May 15, 2020.

North Carolina:

Governor Cooper signed Executive Order 138 to modify North Carolina’s Stay At Home Order and to transition to Phase 1 of slowly easing certain COVID-19 restrictions. The Order is effective Friday, May 8, at 5 p.m.

Most importantly, the Order removes the distinction between essential and non-essential businesses. Retail businesses are allowed to open at 50% capacity and will be required to direct customers to stand six feet apart, perform frequent cleanings, provide hand sanitizer when available, screen workers for symptoms, and more. The Order allows people to leave their homes for commercial activity at any business that is open.

During Phase 1, childcare facilities will be open to serve families of parents who are working or looking for work. These centers will be required to follow strict cleaning protocols. Additionally, summer day camps can operate in compliance with North Carolina Department of Health and Human Services guidelines.

Certain businesses remain closed: bars, personal care businesses, entertainment venues, and gyms. Restaurants may only continue to serve customers for drive-through, take-out, and delivery.

Small outdoor gatherings will be allowed in Phase 1, but gatherings of more than 10 people are generally still prohibited.

Governor Cooper also announced that starting this week, school buses with Wi-Fi hot spots will bring internet access to communities without it to help more North Carolina K-12 students connect to school online. The buses will travel to underserved areas in school districts and park in designated locations, such as a school nutrition meal distribution site or a grocery store, so students can use this temporary access to turn in assignments, download materials and connect with teachers. The drive-up Wi-Fi access will also be available for all residents in the communities to use to connect to healthcare providers, apply for unemployment, and access other critical information and services while exercising appropriate social distancing precautions.

Oklahoma:

Governor Stitt announced Oklahoma is on track to move into Phase 2 of his three-phase plan to reopen Oklahoma on May 15. Oklahoma entered Phase 1 on May 1. Movement through the phases is predicated on hospital & incident rates remaining at a manageable level for 14 days. Phase 2 of Governor Stitt’s plan includes the following:

Individual guidance:

• Continue following safer-at-home guidelines if they are over 65 or part of a vulnerable population
• Maintain social distancing from others when in public
• Avoid socializing in groups that do not readily allow for appropriate social distancing
• Consider resuming non-essential travel

Employer guidance:

• Close common areas or enforce social distancing and sanitation protocols
• Honor requests of personnel who are members of a vulnerable population for special accommodations
• Employers are recommended to implement social distancing protocols, which include proper sanitation and use of protective equipment when interacting with the public

Specific Employer guidance:

• Organized sports activities can reopen and operate under proper social distancing and sanitation protocols
• Visits to Senior Care Facilities and Hospitals should still be prohibited
• Bars can operate with diminished standing-room occupancy, where applicable and appropriate, and under social distancing and sanitation protocols
• Funerals and weddings can resume under social distancing protocols

Children’s nursery areas in places of worship can reopen

Rhode Island:

Governor Raimondo issued Executive Order 20-30 on May 5, 2020. Effective on Friday, May 8, 2020, any person who is in a place open to the public (outdoors and indoors) shall cover their mouth and nose with a mask or cloth face covering unless doing so would damage the person’s health. Face coverings are not required for people who can easily, continuously and measurably maintain at least 6 feet of distance from other people. Face coverings must be worn at all times while inside grocery stores, pharmacies or other retail stores, as well as taxis, cars, and other ride-sharing services. This order shall remain in full force and effect until June 4, 2020.

Tennessee:

Governor Bill Lee issued Executive Order #33 amending Executive Order #30 to permit close contact businesses to open in accordance with the Close Contact Business Guidelines. Affected businesses include but are not limited to barber shops, hair salons, nail salons, tanning salons, and tattoos services.

Governor Lee also issued Executive Order #34 which extends the provisions of Executive Order #16 to allow governing bodies to continue to meet electronically regarding essential business through June 30, 2020, provided they meet certain requirements to ensure public access, transparency and openness.

Both Executive Orders #33 and #34 are effective May 6, 2020.

Texas:

Governor Greg Abbott issued a new Executive Order to expand openings of certain businesses and activities. At a press conference on Tuesday afternoon, the Governor also announced new guidance from the Texas Education Agency on graduation ceremonies and the creation of Surge Response Teams to combat any COVID-19 flare ups in Texas.

Per the Governor’s new Order, wedding venues and services required to conduct weddings may immediately open. Weddings held indoors other than at a church, congregation, or house of worship must limit occupancy to 25%.

Beginning May 8, cosmetology salons, hair salons, barber shops, tanning salons, and nail salons may open, but must ensure at least 6 feet of social distancing between operating work stations. Also starting May 8, swimming pools may open subject to certain limitations.

Beginning May 18, office buildings may open with the greater of 5 or less individuals or 25% of the total office workforce but must maintain appropriate social distancing. Gyms, exercise facilities, and exercise classes may also open on May 18 but must operate at 25% occupancy. Non-essential manufacturing services may also open on May 18 but must limit their occupancy to 25%.

Vermont:

Today, May 6, 2020, Governor Scott signed Addendum 13 to Executive Order 01-20, titled “Play Smart and Play Safe: Restart Phase V.” In this order, Governor Scott amended Addendum 6 in order to “make clear Vermonters may leave home to get fresh air and exercise and resume limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings, provided that physical distancing and protocols for hygiene consistent with guidance from VDH and the Centers for Disease Control (CDC), are observed.” In other words, the order calls for residents to do the following:

• Maintain social distancing of 6-feet when outside of the household
• Frequently perform handwashing with either soap and water or hand sanitizer
• Wear facial covering over nose and mouth outside of the household, if feasible
• Self-quarantine for 14 days after non-essential travel outside the state
• Limit social interactions to people in “trusted households,” i.e. those following the guidelines

The order also indicates effective tomorrow, May 7, businesses which support or offer outdoor recreational and fitness activities which require very minimal contact may resume operations under the following conditions:

• Business is a state or municipal park, recreation association, trail network, golf course, big game check stations, and guided expeditions (campgrounds, marinas, and beaches must remain close).
• Customers “arrive, play, and leave,” i.e. no congregating is allowed before or after activities, such as tailgating
• Restrict activities/facilities to state residents only and implement signage and registration progresses to that effect
• Contact sports and games are not permitted
• Indoor facilities which require in-person transactions remain closed, such as lobbies, pro-shops, bars, etc. (goods may be distributed through curbside pickup or delivery)
• Only open restrooms if cleaned and sanitized frequently

The CDC, ACCD, and VOSHA guidelines which pertain to employees of these businesses, such as temperature checks, health and safety training, and face coverings still apply. However, outdoor businesses and facilities with more than 10 employees must develop an industry-specific training program and cannot reopen until such plan is developed and implemented.

This order expires May 15, 2020, at midnight.

Virginia:

Governor Northam announced today that he was extending business and social restrictions due to expire May 8 for another week. However, he said the state would then move into “Phase One” of reopening the economy as planned on May 15th if things continued moving in the right direction. He also said that he would allow certain regions to opt against easing restrictions if they felt the need, although he maintained he would have the final decision making authority.

Washington:

Governor Inslee issued guidance for vehicle and vessel sales, and drive-in religious services allowed under the Safe Start Phase 1 recovery plan laid out earlier this week. The regulations are designed to promote social distancing and sanitation. For example, religious services may now resume; however, only if all persons attending the service remain in their vehicles and those vehicles are occupied by members of that person’s household.

The Legislature also agreed to extend many of Governor Inslee’s proclamations as follows:

• Proclamation 20-15.1 was extended until May 31, 2020. The proclamation waives certain requirements for renewing drivers’ licenses and identification cards at Washington State DOL driver licensing offices.
• Proclamation 20-20.1 was extended until May 31, 2020. The proclamation suspends interest, fees, penalties, and due dates for several state tax filings.
• Proclamation 20-21.1 was extended until May 31, 2020. The proclamation waives the one-week waiting period to collect unemployment insurance.
• Proclamation 20-23.2 was extended until May 31, 2020. The proclamation relates to ratepayer assistance and preservation of essential services.
• Proclamation 20-26.1 was extended until May 31, 2020. The proclamation granting relief from certain statutes relating to liquor and cannabis.
• Proclamation 20-27.1 was extended until May 31, 2020. The proclamation relates to the electronic notary services provisions.
• Proclamation 20-29.1 was extended until May 31, 2020. The proclamation removes barriers to telemedicine and encourages health care providers to provide telemedicine services.
• Proclamation 20-30.1 was extended until May 31, 2020. The proclamation waives work search requirements in order to receive unemployment insurance.
• Proclamation 20-32.1 was extended until May 31, 2020. The proclamation waives requirements necessary for health care workers to remain licensed to practice in the state, including ongoing training and continuing education requirements.
• Proclamation 20-34.1 was extended until May 31, 2020. The proclamation waives deadlines for local governments to file their required annual financial reports with the State Auditor’s Office.
• Proclamation 20-28.1 are extended until May 31, 2020, except for RCW 42.56.520(i) which is only extended to May 11, 2020. The proclamation suspends certain statutory requirements in the Open Public Meetings Act (OPMA) and Public Records Act (PRA).
• Proclamation 20-33.1 was extended until May 11, 2020. The proclamation waives certain requirements relating to foster care and group home systems.

Governor Inslee also issued an emergency proclamation waiving/suspending the statutory requirement that candidates for public office must submit a filing fee petition with registered voters’ signatures if they cannot afford to pay the filing fee.

May 5, 2020

Arizona:

Governor Ducey issued an Executive Order authorizing barbers and cosmetologists to resume operations on Friday May 8, 2020, provided employees and customers use face coverings, they operate by appointment only, and they follow the protocols established by the Center for Disease Control and Prevention, the United States Department of Labor Division of Occupational Safety, and the Arizona Department of Health Services.

The order also authorizes dine-in services to resume on Monday May 11, 2020, provided they too follow above protocols, implement physical distancing policies, and limit the number of diners. Governor Ducey also issued Executive Order which requires nursing care institutions, residential care institutions, intermediate facilities for individuals with intellectual disabilities, and medical group homes for individuals with developmental disabilities to report to residents, next of kin, and guardians, the number of diagnosed cases and deaths due to COVID-19 within the facilities, and to provide regular updates on their activities.

Colorado:

The Colorado Department of Health and Environment issued a revised Public Health Order 20-28 on May 4, 2020, which will remain in effect until May 26, 2020.

The order makes three substantive revisions to the prior public health order. First, it authorizes the immediate opening of Non-Critical Manufacturing businesses. Those business must operate with no more than ten employees in a production environment and require social distancing, among other health measures.

Next, the order expands the options for employers endeavoring to satisfy the order’s employee-health-screening requirements. Employers were originally required to establish screening stations at the worksite. Now, employers may elect to adopt a business policy mandating at-home employee self-screening and daily reporting protocols.

Lastly, the order clarifies that indoor malls cannot reopen. Only those stores within indoor malls with exterior entrances may reopen, while retail businesses lacking the exterior-entrance option must settle for conducting business by delivery or curbside delivery services.

Yesterday, Governor Polis also extended Executive Order D 2020 023 to May 20, 2020, which provides a one-month extension for filing and remitting State and State-administered local sales tax.

Connecticut:

On May 5, Governor Lamont announced that due to the ongoing COVID-19 pandemic, he is ordering in-person classes at all K-12 public school facilities in Connecticut to remain canceled for the rest of the 2019-2020 academic year and continue providing distance learning during this period.

Delaware:

On May 5, Governor Carney announced a series of interim steps allowing small businesses to resume limited operations effective 8:00 a.m. on Friday, May 8.

Such interim steps are as follows:

• Small business retailers will be allowed to do business using curbside pickup as long as social distancing can be maintained. These retailers include:
  • Clothing stores
  • Shoe stores
  • Sporting goods, hobby, musical instruments
  • Book, periodical, music stores
  • Department stores
  • Tobacco and Vape
  • Other general merchandise
  • Office supply, stationery, and gift stores
  • Used merchandise stores
  • Consumer goods rental
• Jewelry stores may do business by appointment only, and Governor Carney has instructed the Delaware Division of Small Business to consider additional changes like this for other similar retailers.
• Cosmetology: Hair care services only are permitted to be offered, and only to workers at essential businesses. Guidelines include:
  • No more than two appointments at a time per location (and never more than the number of available staff, so only one for a sole proprietor). Need to leave 15 minutes between appointments for proper cleaning.
  • Employees and customers must wear cloth face masks at all times, and customers must cancel appointments if they have any reason to believe they may be ill or may have come into contact with the virus.
  • Staff must wear disposable gloves when providing services and must throw away gloves between customers and wash hands.
  • Employer must require employees to report their temperature daily — above 99.5 means they are ineligible to work.
  • Customer stations must be sanitized between use, along with any equipment used for the customer. In addition, any item a customer handles (like a magazine) must leave with the customer.
  • Entrance door must remain locked to outside to prevent walk-ins.
• Other
  • Golf carts allowed at courses for 1 rider at a time with proper cleaning between customers
  • Drive thru movies are permitted, but patrons must remain inside vehicles and social distancing must be maintained at all times.

Employees required to report to work as a result of these changes will now be permitted to utilize child care services, provided neither parent works from home and they do not have alternate care.

Illinois:

May 5, 2020: Governor Pritzker announced a 5-Phase “Restore Illinois” plan today. The plan will be instituted regionally based on the following four regions: Northeast Illinois; North-Central Illinois; Central Illinois; and Southern Illinois. Governor Pritzker explained that Illinois already experienced Phase 1 and, since the modified Stay At Home Order was instituted on May 1, has been positioned in Phase 2. While no official document for Restore Illinois has been released the Phases are reportedly as follows:

Phase 1 – Rapid Spread: The rate of infection among those tested and the number of patients admitted to the hospital is high or rapidly increasing. Strict stay at home and social distancing guidelines are put in place and only essential businesses remain open. Every region has experienced this phase once already and could return to it if mitigation efforts are unsuccessful.

Phase 2 – Flattening: The rate of infection among those tested and the number of patients admitted to the hospital beds and ICU beds increases at an ever slower rate, moving toward a flat and even a downward trajectory. Non-essential retail stores reopen for curb-side pickup and delivery. Illinoisans are directed to wear a face covering when outside the home, and can begin enjoying additional outdoor activities like golf, boating and fishing while practicing social distancing. To varying degrees, every region is experiencing flattening as of early May.

Phase 3 – Recovery: The rate of infection among those tested, the number of patients admitted to the hospital, and the number of patients needing ICU beds is stable or declining. Manufacturing, offices, retail, barbershops and salons can reopen to the public with capacity and other limits and safety precautions. All gatherings limited to 10 or fewer people are allowed. Face coverings and social distancing are the norm. The earliest a region can move to this phase is May 29.

Phase 4 – Revitalization: The rate of infection among those tested and the number of patients admitted to the hospital continues to decline. All gatherings of up to 50 people are allowed, restaurants and bars reopen, travel resumes, child care and schools reopen under guidance from the IDPH. Face coverings and social distancing are the norm.

Phase 5 – Illinois Restored: With a vaccine or highly effective treatment widely available or the elimination of any new cases over a sustained period, the economy fully reopens with safety precautions continuing. Conventions, festivals and large events are permitted, and all businesses, schools, and places of recreation can open with new safety guidance and procedures in place reflecting the lessons learned during the COVID-19 pandemic.

Governor Pritzker emphasized that there is no guarantee of a linear progression through these phases.

Kentucky:

Governor Beshear outlined Phase 1 of the Healthy at Work initiative. Starting May 11 with new minimum requirements, as well as industry specific requirement, the following businesses will be allowed to operate:

• Manufacturing, distribution and supply chain businesses
• Construction
• Vehicle or vessel dealerships
• Office-based businesses (at 50% pre-pandemic capacity)
• Horse racing (no fans in attendance)
• Pet care, grooming and boarding
• Photography

Health Care Phase 2 will begin Wednesday, May 6, 2020 with outpatient and ambulatory surgery and invasive procedures resuming.

Michigan:

Governor Whitmer signed Executive Order 2020-71, which rescinds and replaces Executive Order 2020-60. Under the new order:

• Individuals entering food-selling establishments or pharmacies must wear a covering over their noses and mouths, if they can medically tolerate to do so;
• Grocery stores and pharmacies must create at least two hours per week of dedicated shopping time for vulnerable populations, including people over 60, pregnant people, and those with chronic conditions; and
• Food-selling establishments and pharmacies must deploy strategies to reduce COVID-19 exposure for customers and employees, including but not limited to the suggestions outlined in the order.

Governor Whitmer also signed Executive Order 2020-72, which rescinds and replaces Executive Order 2020-37. The new order, which is effective immediately and will continue through May 31, 2020 at 11:59 p.m, requires:

• all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must prohibit from entering their facilities any visitors that are not necessary;
• all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must perform a health evaluation of all individuals that are not under the care of the facility each time the individual seeks to enter the facility, and must deny entry to those individuals who do not meet the evaluation criteria; and
• all staff members and visitors of a residential care facility, congregate care facility, or juvenile justice facility must wear a covering over their nose and mouth when indoors or within six feet of another person.

Mississippi:

Executive Order No. 1478, issued on May 4, 2020, reiterated that the Safer at Home protocols would remain in effect until May 11, 2020. However, the new Order noted some exceptions:

• As of 8 a.m. on May 7, 2020, restaurants and bars will be permitted to resume operations, subject to requirements and limitations such as: deep cleaning and sanitation before the restaurants and bars may open, sending home sick employees, screening employees, appropriate PPE worn at all times by employees, employers should train employees on minimizing the spread of COVID-19, staggered workstations, capacity limited to 50%, six feet of separation between tables, screening customers, sanitizing high contact surfaces every two hours, and a requirement that each establishment close by 10 p.m.
• After 8 a.m. on May 7, 2020, parks will be permitted to open subject to limitations. State parks may open from 9 a.m.-7 p.m. for outdoor activities, and individuals should adhere to six feet of separation, indoor gatherings are limited to 10 people, and outdoor gatherings are limited to 20 people. Municipal parks may open between 9 a.m.-7 p.m. with the same restrictions on gatherings. Outdoor recreational activities, including swimming pools, may open between 9 a.m.- 7 p.m. with the same restrictions on gatherings.

New York:

Governor Cuomo again stated on Tuesday, May 5 that New York would reopen by region once “it is safe to do so.” Last month, Governor Cuomo extended the stay-at-home order, which currently is set to expire on May 15, 2020.

Ohio:

Governor Mike DeWine announced the categories that Ohio will prioritize for COVID-19 testing under Ohio’s new plan for increased COVID-19 testing.

Pennsylvania:

On Monday May 4, Governor Wolf’s administration updated its guidance for counties in the “yellow phase” of Pennsylvania’s phased reopening plans.

The following counties will enter the yellow phase effective 12:01 a.m. on May 8, 2020: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango, and Warren.

Rhode Island:

Governor Raimondo detailed more information for Phase 1 of Rhode Island’s economic reopening in a press release on May 5, 2020.

• “Non-critical retail stores” that were closed will be allowed to reopen for in-person operations, including “limited in-person browsing.” Retailers with in-person browsing will be allowed to have one person browsing for every 300 square feet of retail space.
• Employers with officers are able to begin take steps to prepare for their offices to reopen. Offices are encouraged to allow everyone who can work from home to continue working from home.
• Limited outdoor in-person eating at restaurants will be allowed “later in phase 1.”
• Visitation restrictions for nursing homes, hospitals, and assisted living centers will continue.

Texas:

Dallas County Judge Clay Jenkins issued a Supplemental Order Monday to make Governor Abbott's recommendations for reopening businesses to now be requirements in Dallas County. Among the recommendations that are now requirements is that people wear facial coverings when visiting or working in businesses. Additionally, to the extent that Governor Abbott’s plan to Open Texas recommends minimum standard health protocols, those are requirements in Dallas County. Judge Jenkins told NBC 5 that the County doesn't plan to fine individuals, but that code inspectors could fine businesses.

The City of Dallas established a small business continuity fund for small business owners in Dallas who have seen a 25% or more loss in revenue due to COVID-19. Applications for the fund will be available through May 11 and can be found online.

The City of Austin issued a press release clarifying that the Austin-Travis County Stay Home - Work Safe Orders remain in effect with a new exception for reopened services consistent with Governor Abbott’s Order. Austin requires, to the extent feasible, that all persons maintain a 6-foot distance from others and use face coverings when engaging in essential daily activities and performing or obtaining essential and reopened services. Austin previously provided guidance and FAQs for businesses that have recently reopened or plan to reopen soon under the Governor’s Order.

West Virginia:

On May 4, Governor Justice announced Week 3 of West Virginia’s Comeback, to begin on May 11. The phase will include reopening of wellness centers operated by or with West Virginia Licensed Health Care providers and drive-in movie theaters. Governor Justice’s Office will announce when businesses in Weeks 4-6 will be able to reopen as soon as possible. Additional guidance on reopening will be made available for each of these businesses at that time.

May 4, 2020

Arizona:

Pursuant to the “Return Stronger” Order, retailers which are not classified as non-essential businesses and whose business involves the sale of goods, may operate and offer goods through delivery, window, walk-up, thrive through, or drive up service, or by delivery and appointment, provided they comply with the protocols and best-practices outlined in the order.

Arkansas:

Governor Hutchinson announced that barber, cosmetology, massage therapy, body art, and medical spa services may resume operations on May 6, 2020 with restrictions in place.

The Governor also announced that places of worship may resume operations effective May 4, 2020, and large outdoor venues may resume operations as of May 18, 2020, in line with social distancing guidelines and restrictions.

Colorado:

Governor Polis recently issued two Executive Orders aimed at relieving the tax burdens on Colorado businesses and allowing the operation of food trucks along the State’s highways.

Executive Order D 2020 055 extends Executive Order D 2020 022 another 30 days and sets the tax filing deadlines for business personal property, natural resource property, and oil and gas property to June 15, 2020.

Executive Order D 2020 056 authorizes the temporary operation of food trucks in the State’s rest and commercial trucking refueling areas to support truckers and commercial vehicle activity. The order remains in effect until June 2, 2020.

Florida:

Executive Order 20-112 takes effect at 12:01 am. Under the order, elective surgeries may resume, and restaurants may allow on-premises consumption of food and beverages, as long as they implement social distancing measures, and limit indoor occupancy to 25% of indoor capacity. In-store retailers, museums, and libraries may also open subject to, among other things, the 25% capacity requirement. Gyms, fitness centers, and vacation rentals are not authorized to reopen under the Order. The order extends the required airport screening and isolation, and self-quarantine measures for certain travelers, and the continued implementation of checkpoints on roadways as necessary.

New Hampshire:

Governor Sununu announced Stay at Home 2.0 extending a modified stay-at-home order until May 31, 2020. Stay at Home 2.0 also includes a plan to gradually and safely restart New Hampshire’s economy. The plan establishes four dates of re-opening for certain businesses, the first of which begins May 1st. All businesses that are open or may be re-opening must meet the health and safety standards established by Department of Public of Health Universal Guidance. Additionally, certain industries must meet industry-specific standards found here.

Subject to health and safety standards mentioned above, the industries able to immediately phase-in services on May 1 are public and private parks, campgrounds, and manufacturing businesses. On May 4, 2020, phase-in may begin for certain health care operations, including elective and non-urgent procedures. On May 11, 2020, phase-in may begin for drive-in movie theaters, public and private golf courses, and barber/hair salons. On May 18, 2020, phase-in may begin for dine-in restaurants.

North Carolina:

Governor Roy Cooper signed both North Carolina Senate Bill 704 and North Carolina House Bill 1043 into law to provide assistance to families, schools, hospitals and small businesses as the state battles COVID-19. The relief package includes almost $1.6 billion in relief measures for critical expenditures related to public health and safety, educational needs, small business assistance, and continuity of state government operations. Of this amount, $1.4 billion has been appropriated and $150 million is set aside in a reserve fund for future local government needs.

Senate Bill 704 contained provisions such as: (1) extending driver’s licenses and registration expiration deadlines; (2) waived interest on tax payments normally due in April; (3) modifies end-of-grade testing requirements for public schools; (4) adjusts the 2020-21 K-12 public school calendar; and (5) allows pharmacists to administer a COVID-19 vaccine once it is developed.

Rhode Island:

No executive order updates. But, Governor Raimondo unveiled a plan on May 1, 2020 to reopen parks in phases. The reopening will follow the Rhode Island economy’s general phased reopening.

South Carolina:

Governor McMaster issued two executive orders over the weekend.

Executive Order 2020-30 was issued on May 1, 2020 which rescinded the following executive orders, effective immediately:

• Executive Order 2020-14 (as modified, amended, and extended by Executive Order 2020-19 and 2020-29) which required certain individuals who entered the State of South Carolina from an area with substantial community spread of COVID-19 to isolate or self-quarantine for a period of 14 days.

• Executive Order 2020-19 (as extended by Executive Order 2020-29) which prohibited individuals, entities or establishments engaged in short-term rentals, vacation rentals, or other lodging accommodations in exchange for considerations from making or accepting new reservations or bookings.

Executive Order 2020-31 was issued on May 3, 2020, and did the following:

• Modification of Home or Work Orders. Effective 12:01 a.m., Section 1(B) of Executive Order 2020-21 (which required residents and visitors of South Carolina to practice social distancing) is deleted in its entirety and is replaced with language that urges all residents and visitors of South Carolina to practice social distancing. It also encourages residents to limit their movement outside of their Residence, except for engaging in Essential Business, Essential Activities, or Critical Infrastructure Operations.

• Authorizing Outdoor Dining Services. Effective Monday, May 4, 2020 at 12:01 a.m., Section 4 of Executive Order 2020-10 (which ordered Restaurants to suspend on-premises or dine-in consumption) is amended to authorize Restaurants to provide outdoor customer dining services. Any restaurant providing outdoor customer dining services should follow CDC and DHEC sanitation guidelines.

South Dakota:

Governor Noem signed Executive Order 2020-22 which took effect on at midnight on Saturday, May 2, 2020. Under this order, state government employees under the direct control of the governor’s office were directed to return to work as directed by their respective agencies’ leadership. The order also indicated work-related out-of-state travel can resume with approval. In sum, the new order rescinded Executive Order 2020-09, which required state employees to work remotely . The new order is set to expire Sunday, May 31, at 11:59 p.m.

As a reminder, Order 2020-18, which required residents of Minnehaha and Lincoln counties at least 65 years old or with underlying medical conditions to stay home except to engage in essential activities or to report to work at a critical infrastructure, will expire one week from today on May 11, 2020.

Texas:

Austin’s Stay Home - Work Safe Order, set to expire on May 8, will be extended, according to Mayor Steve Adler. Adler did not say for how long the Order will be extended or when the City will issue the extension.

Vermont:

Today, May 4, 2020, Governor Phil Scott’s Addendum 12 to Executive Order 01-20 took effect. This new order reemphasized the requirements set forth in Addendum 11 to Executive Order 01-20, also known as “Work Smart and Stay Safe- Restart VT: Phase I,” which began April 20. As a reminder, Addendum 11 required, among other things, businesses to implement social distancing, health, and sanitation measures as recommended by the CDC and Agency of Commerce and Community Development (ACCD). Under the new order, Governor Scott is requiring all businesses to develop and implement a health and safety training program which meets or exceeds Vermont Occupational Safety and Health Agency’s (VOSHA) standards. Any business which closed for at least seven days may not reopen until it has such plan on file and available to VOSHA upon request. However, businesses with fewer than ten employees, may but are not required, to implement a formal program.

Governor Scott’s order also set forth the requirements of Phase 3 of reopening: (1) crews with no more than 10 people may perform construction or work at an unoccupied site; (2) manufacturing and distribution plants may resume operations with no more than 10 people in any location (if low-density) so long as employees are six feet apart; (3) other supporting operations my reopen with no more than the necessary number of employees to facility curbside pickup and delivery services. Notably, the order also provides that manufacturing, construction, and distribution businesses may resume with the minimum number of employees necessary for full operations (the VOSHA requirements still apply, however) and critical businesses as defined in Addendum 6 may continue to operate under pre-established guidance (in addition to implementing the mandatory health and safety requirements by VOSHA). Finally, all other businesses are still required to support telecommuting and encouraged to continue services such as curbside pickup and delivery.

The order is set to expire at midnight on May 15, 2020.

Governor Scott also amended Addendum 3 to Executive Order 01-20, which suspended all non-essential adult elective surgeries and medical procedures. Today’s order permits clinics, diagnostic imaging centers, ambulatory surgical centers, and other care settings which have a minimal impact on hospital inpatient capacity and personal protective equipment (PPE) consumption to resume performing elective surgeries and medical procedures, including dental care. The order requires the Department of Health to issue guidance for such providers to safely reopen but also includes a provision which would allow the health department to rescind this order and resume the guidance in Addendum 3 should the resumption of operations be deemed unsafe or a burden on the state’s healthcare system. This order also expires at midnight on May 15.

Virginia:

At a press conference this afternoon, Governor Northam announced he is extending the state’s non-essential business closure order until the night of May 14th, but expects to begin some level of reopening afterward. That order had been set to expire on Friday. The state’s stay-at-home order remains in effect until June 10th. Northam said specifics will vary by region, and he referenced barber shops, restaurants, retailers, and gyms potentially being able to open with levels of safety protocols.

Washington:

Governor Inslee signed an order extending the original “Stay Home, Stay Healthy” order until May 31, 2020. He also released the state’s “Safe Start” plan, which is a phased approach to re-opening Washington’s economy.

West Virginia:

On May 1, Governor Justice announced Week 2 reopening to begin on May 4, permitting small businesses with 10 or fewer employees, restaurants with takeaway service or outdoor dining options, as well as religious entities and funeral homes to reopen.

On May 3, Gov. Jim Justice issued an Executive Order No. 33-20 removing Jackson, Kanawha, and Ohio counties from the list of COVID-19 community clusters or “hotspots” in West Virginia. Four counties requested to remain on the hotspot list including Berkeley, Harrison, Jefferson, and Monongalia counties.

The Order supports broad authority to the local health departments in the eight remaining hotspot counties and also:

• Limits groups to a maximum of 5 people.
• Directs ALL businesses to require employees to work from home to the maximum extent possible.
• Directs the West Virginia National Guard to provide logistical support and services to assist county agencies.
• Directs West Virginia State Police to assist with enforcement of local county orders.

May 3, 2020

Kansas:

Executive Order No. 20-29, which implements Phase One of “Ad Astra: A Plan to Reopen Kansas,” is effective Monday, May 4. Most businesses may re-open and most non-essential activities may resume, subject to social distancing, cleaning and sanitation, public health practices, and avoidance of gatherings of more than ten individuals in one location. The Governor released a twenty-eight page plan detailing all phases and providing public health guidance.

All businesses should follow industry specific guidelines to be outlined at covid.ks.gov, and are strongly encouraged to follow any additional industry best practices guidance.

A number of businesses must remain closed, including bars and night clubs; casinos (non-tribal); theaters, museums, and other indoor leisure spaces; fitness centers and gyms; and nail salons, barber shops, hair salons, tanning salons, tattoo parlors, and other personal service businesses where close contact cannot be avoided. Such businesses may open if they are repurposed in a manner that qualifies as an essential function as defined in the Kansas Essential Function Framework (KEFF).

At this time, the Reopening plan does not apply to Johnson County or Wyandotte County as both counties have extended the State Stay-At-Home Order through May 10.

For a more in-depth analysis of the Kansas Order, see our further guidance here.

Nevada:

Governor Steve Sisolak has signed an emergency directive to temporarily provide economic relief to Nevadans by freezing some garnishment actions and executions of judgments against bank accounts, including Nevadans receiving CARES Act fund.

North Dakota:

Governor Burgum announced that his executive order, which directed schools to begin distance learning, will remain in effect through the end of the school year.

Oregon:

Governor Brown announced a plan for COVID-19 testing and contact tracing, two foundational elements of her framework for reopening Oregon safely. Ensuring adequate testing capacity and contact tracing will allow Oregon’s health care system to effectively identify and treat new cases of COVID-19, trace contacts with new cases to identify those at risk for infection and contain new outbreaks before community spread can occur.

Key elements of the plan include:

• Voluntary, widespread testing in partnership with OHSU
• Unified coordination between all hospital labs to optimize Oregon’s available testing capacity, acting as one statewide system which will allocate resources to meet the state’s testing needs in every region
• A focus on collecting data to serve at-risk communities

Tennessee:

Governor Bill Lee issued Executive Order #32 which amends Executive Order #15 to:

• Extend the prohibition on price gouging until May 18, 2020
• Extend the deadline for TNIvestco annual audited financial statements until July 31, 2020
• Authorize free copies of business entity filings for those seeking state or federal financial relief until August 1, 2020
• Allow discretion to utilize the Tennessee National Guard to assist in the operation and security of state penitentiaries during the COVID-19 emergency
• Permit remote shareholder meetings provided certain requirements are met, including the ability of shareholders to submit questions, read or hear the proceedings, be deemed present, and vote
• Suspend certain requirements regarding service level requirements of the Department of Intellectual and Developmental Disabilities
• Facilitate the provision of, and payment for, physical, occupational and speech therapy services through telemedicine

(Knoxville and Knox County) Knoxville and Knox County began their gradual reopening of business May 1, 2020. Knoxville and Knox County have adopted a three phase approach, each phase will last at least 28 days.

(Memphis and Shelby County) Shelby County, the City of Memphis and surrounding municipalities announced that they will begin phase 1 of their Back to Business framework on Monday, May 4, 2020.

(Nashville and Davidson County) The Safer at Home Order for Nashville and Davidson County is in effect through May 8, 2020. On May 1, 2020, the Chief Medical Director for Nashville and Davidson County issued Order 4, directing citizens to wear a cloth face covering or mask to cover their nose and mouth whenever in a community setting. The Order notes that face coverings or masks are not a substitute for social distancing and advises that they should not be placed on children under the age of 2 or when it would be contrary to the wearer’s health or safety. The Order also directs businesses to post signage at all public entrances advising them of the need to wear masks. Order 4 is effective May 1 through May 31, 2020.

Texas:

Harris County Judge Lina Hidalgo issued a new Stay-Home, Work-Safe Order. Under the new Order, all non-essential Harris County businesses and others that were not designated to reopen by Governor Abbott’s Executive Order must remain closed through May 20.

May 1, 2020

Arizona:

Governor Ducey and the Arizona Department of Health Services released additional guidance for retail establishments that will shortly reopen pursuant to the “Returning Stronger” Order issued this week. The Guidance recommends customers follow the Center for Disease Control and Prevention’s guidance, including staying home while sick, maintaining physical distance while shopping, and wearing a cloth face covering in public. The Department of Health Services further recommends that retail establishments operate with reduced occupancy, provide delivery or curbside service options, close fitting rooms at clothing stores, implement symptom screenings for employees, and offer cloth face coverings to employees and visitors.

Arkansas:

Governor Hutchinson announced that barber shops, salons, tattoo parlors, and medical spa services will be allowed to open on Wednesday, May 6, 2020 with occupancy limitations, mandatory facial coverings for staff, and social distancing practices.

California:

The State’s county clerks now possess the discretion to issue marriage licenses through videoconferencing. Executive Order N-58-20 allows remote marriages for the next 60 days provided both adults are located within the State and present for the videoconference.

Colorado:

Governor Polis extended numerous Executive Orders to assist Coloradans as they cope with the continued limitations on business and social contact. The following orders, among others, have been extended:

• Executive Order D 2020 46: Suspending certain statutes to extend the use of telehealth services until May 30, 2020 (see Executive Order D 2020 020);
• Executive Order D 2020 47: Permits the provision of remote notarial services through May 30, 2020 (see Executive Order D 2020 019);
• Executive Order D 2020 48: Allowing the issuance of marriage licenses despite the closure of clerk and recorder offices until May 30, 2020 (see Executive Order D 2020 014);
• Executive Order D 2020 49: Suspending all downhill ski area operations until May 23, 2020 (see Executive Order D 2020 026);
• Executive Order D 2020 51: Preventing lenders, landlords, and property owners from initiating eviction or foreclosure proceedings, denying access to property, or imposing fees for nonpayment through May 30, 2020 (see Executive Order D 2020 031); and
• Executive Order D 2020 52: Ordering the suspension of various statutory requirements to allow alcohol deliveries by restaurant and breweries, online retail marijuana sales, online driver’s license renewals, and the “in person” requirements related to the application and issuance of permits to carry concealed handguns, among others, until May 30, 2020 (see Executive Order D 2020 011).

Florida:

Governor DeSantis issued an Executive Order implementing Phase 1 of the previously announced plan for re-opening the economy. The Order takes effect at 12:01 am on May 4, 2020. Miami Dade, Broward, and Palm Beach Counties are excluded from the sections of the order which permit the reopening of previously restricted businesses and services. Pursuant to the Order, all persons in Florida must stay home, except to provide or obtain essential services or activities. Vulnerable individuals are strongly encouraged to stay home.

The order extends the required airport screening and isolation, and self-quarantine measures for certain travelers, and the continued implementation of checkpoints on roadways as necessary. Elective surgeries may resume, and restaurants may allow on-premises consumption of food and beverages, as long as they implement social distancing measures, and limit indoor occupancy to 25% of indoor capacity. In-store retailers, museums, and libraries may also open subject to, among other things, the 25% capacity requirement. Gyms, fitness centers, and vacation rentals are not authorized to reopen under the Order.

Governor DeSantis issued a separate Executive Order expressly extending Executive Orders 87 and 91, the vacation-rental-closure and stay-at-home orders, until 12:01 am on May 4, 2020.

Georgia:

Governor Kemp issued Executive Order 04.23.20.02, effective May 1, until May 23, which orders social distancing, encourages wearing of facemasks, promotes adhering to the sanitation guidelines of the CDC, and prohibited certain gatherings. This order also extended Executive Order 04.08.20.04, which suspended short-term rentals.

The Order required the following residents and visitors to Shelter in Place:

1. Persons who are 65 years of age or older
2. Persons living in nursing home or long-term care facility, including inpatient hospice, assisted living communities, personal care homes, intermediate care homes, community living arrangements, and community integration homes
3. Persons who have chronic lung disease
4. Persons who have moderate to severe asthma
5. Persons who have severe heart disease
6. Persons who are immunocompromised
7. Persons with class II or severe obesity
8. Persons diagnosed with the following underlying medical conditions: diabetes, liver disease, and person with chronic kidney disease undergoing dialysis

The Order addresses “Restaurants & Dining Services,” and the provisions are effective from April 27, 2020. Some of the provisions include:

• Applies to restaurants and dining rooms, including those at private social clubs
• Does not apply to the dining services in hospitals, healthcare facilities, nursing homes, or other long-term care facilities
• No more than 10 patrons should be allowed in the facility per 500 square feet of public space (including waiting and bar areas, and excluding hallways, restrooms, and spaces closed to patrons)
• Must screen and evaluate workers who exhibit signs of illness, and require them to not report to work, or to seek medical attention
• Implement teleworking and/or staggered shifts for all possible workers
• Hold meetings and conferences virtually, if possible
• Require all employees to wear face coverings at all times, and coverings must be cleaned or replaced daily
• Limit contact between wait staff and patrons
• No salad bars or buffets
• Use rolled silverware and eliminate table presets
• Use of disposable paper menus is strongly encouraged, or reusable menus should be cleaned and sanitized after each use
• Limit party size at tables to 6 patrons
• Restaurant or dining room playgrounds should remain closed

Businesses deemed “Critical Infrastructure” should:

• Screen and evaluate workers who exhibit signs of illness, and require said workers to either not report to work or to seek medical attention
• Prohibit gatherings of works during working hours
• Implement teleworking and/or staged shifts for all possible workers
• Keep open sales registers at least 6 feet apart
• Suspending the use of PIN pads, PIN entry devices, electronic signature capture, and any other credit care receipt signature requirements to the extent such suspension is permitted by agreements with credit card companies and credit agencies
• Provide PPE as available and appropriate to workers
• Provide disinfectant and sanitation products for workers to clean their workspace, equipment, and tools
• Increase physical space between workers to at least 6 feet

Businesses not deemed “Critical Infrastructure” should follow the above guidance, and in addition:

• If a retail business, post a sign on the storefront stating that individuals who have a fever or other symptoms of COVID-19 shall not enter the store
• Enforce social distancing of non-cohabiting persons while at the business
• For retailers and service providers, providing for alternative points of sale outside of buildings if permitted under Georgia law

Businesses such as public swimming pools, performance venues, amusement parks, and bars should remained closed.

Retailers, including food establishments, but not food processing plants or wholesale sandwich and salad manufacturers should:

• Limit the number of patrons inside the store to 50% of fire capacity or 8 patrons per 1,000 square feet
• Encourage non-cash payments when possible
• Sanitize entrance and exit doors at least 3 times per day
• Install protective screens and other mitigation measures where workers and patrons interact

Food Establishments should additionally (where possible):

• Schedule specific hours of operation exclusively for vulnerable populations
• Encourage social distancing
• Use in-store messaging to educate and reminds patrons on recommended hygiene and Social distancing
• Discontinue sampling and cooking stations
• Close self-serve salad bars and buffets
• Increase sanitation of grocery carts and other high-touch areas

Gym and Fitness Centers should additionally:

• Post a sign on the storefront stating that individuals who have a fever or other symptoms of COVID-19 shall not enter the store
• Screening patrons and prohibiting entrance for individuals with a temperature greater than 100.4 degrees Fahrenheit, cough, shortness of breath, or other respiratory symptoms
• Use contactless forms of check-in
• Limit use of cardio machines to every other machine to maintaining social distancing
• Continue cancellation of group classes and in-facility child care services
• Continue closure of pools, basketball courts, and other group sport areas, hot-tubs, saunas, steam rooms, and tanning beds
• Limit locker room use and require patrons to spray showers with a providing cleaning spray after use

Body Art Studios, Estheticians, Hair Designers, Massage Therapist, and Tanning Facilities should additionally:

• Provide services by appointment only
• Require patrons to sanitize their hands before entering the facility and before any treatment
• Require patrons with COVID-19 symptoms to reschedule their appointment
• Allow only one patron per service provider in the business at any one time (one parent can be present if a minor child is receiving a haircut)
• Require patrons to wait in car until service provider is ready
• Stagger workstation use to more than 10 feet apart or every-other workstation
• Require employees to wear PPE

Movie theaters should additionally:

• Patrons should be at least 6 feet apart
• Parties should not be greater than 6 individuals
• Closing playgrounds and arcade rooms

Illinois:

Governor Pritzker’s modified Stay At Home Order took effect today. The order, which will reportedly remain in place until May 30 unless Governor Pritzker takes further action, includes the following modifications among others:

• Wearing a face covering in public places or when working. Any individual who is over age two and able to medically tolerate a face-covering (a mask or cloth face-covering) shall be required to cover their nose and mouth with a face-covering when in a public place and unable to maintain a six-foot social distance. Face-coverings are required in public indoor spaces such as stores.
• Requirements for essential stores. Retail stores (including, but not limited to, stores that sell groceries and medicine, hardware stores, and greenhouses, garden centers, and nurseries) designated as Essential Businesses and Operations under this Order shall to the greatest extent possible:
  • provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
  • cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity;
  • set up store aisles to be one-way where practicable to maximize spacing between customers and identify the one-way aisles with conspicuous signage and/or floor markings;
  • communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing requirements set forth in this Order (Social Distancing Requirements); and
  • discontinue use of reusable bags.

Households must limit the number of members who enter stores to the minimum necessary.

• Requirements for non-essential stores. Retail stores not designated as Essential Businesses and Operations may re-open for the limited purposes of fulfilling telephone and online orders through pick-up outside the store and delivery – which are deemed to be Minimum Basic Operations. Employees working in the store must follow the social Distancing Requirements, and must wear a face covering when they may come within six feet of another employee or a customer.
• Requirements for manufacturers. Manufacturers that continue to operate pursuant to this Order must follow Social Distancing Requirements and take appropriate precautions, which may include:
  • providing face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
  • staggering shifts;
  • reducing line speeds;
  • operating only essential lines, while shutting down non-essential lines;
  • ensuring that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
  • downsizing operations to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.
• Requirements for all businesses. All businesses must evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible. All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency. The guidance will be posted on the IDPH webpage.

Indiana:

Governor Holcomb signed Executive Order 2020-26 which sets out a roadmap for reopening businesses in Indiana. The order goes into effect on May 1, 2020 at 11:59 pm and will remain in effect until May 23, 2020 at 11:59 pm. The order sets general provisions governing the reopening of businesses, including a county-by-county assessment, stages of reopening and time periods for each stage, as well as criteria for moving from stage to stage. The order addresses requirements for all businesses, current COVID-19 testing in the state, and guidance for businesses and employers moving forward. Additionally, the order addresses specific types of businesses and how each stage of reopening will affect those businesses.

Kansas:

On April 30, Governor Laura Kelly Issued Executive Order No. 20-29 which implements Phase One of “Ad Astra: A Plan to Reopen Kansas.” The Governor also released a twenty-eight page plan detailing all phases and providing public health guidance. Effective Monday, May 3, most businesses may re-open and most non-essential activities may resume, subject to social distancing, cleaning and sanitation, public health practices, and avoidance of gatherings of more than ten individuals in one location.

All businesses should follow industry specific guidelines to be outlined at covid.ks.gov, and are strongly encouraged to follow any additional industry best practices guidance.

A number of businesses must remain closed, including bars and night clubs; casinos (non-tribal); theaters, museums, and other indoor leisure spaces; fitness centers and gyms; and nail salons, barber shops, hair salons, tanning salons, tattoo parlors, and other personal service businesses where close contact cannot be avoided. Such businesses may open if they are repurposed in a manner that qualifies as an essential function as defined in the Kansas Essential Function Framework (KEFF).

At this time, the Reopening plan does not apply to Johnson County or Wyandotte County as both counties have extended the State Stay-At-Home Order through May 10.

Louisiana:

Governor John Bel Edwards signed an order formally extending Louisiana’s Stay at Home order until May 15.

In a statement, the governor reiterated that “many businesses in Louisiana are allowed to open and operate as long as their employees wear face masks or coverings, limit the number of people on premises as outlined in the order and enforce social distancing. Businesses owners will need to review the order to be sure that they understand if their business may be open and how it may operate, if it is. In the coming days we will be providing additional information and tools to help business owners understand the guidance for Phase 1 so that they can protect the health and safety of their customers and their employees.”

Massachusetts:

Governor Baker has ordered all residents to wear a face covering or mask in public places where maintaining proper social distancing measures is not possible. The order applies to all workers and customers of businesses currently open to the public as essential businesses. Residents must also wear a mask when using any means of transportation service or public mass transit.

Michigan:

After the Michigan Legislature declined to extend the emergency and disaster declaration, Governor Whitmer signed several new executive orders related to COVID-19. Those orders include:

• Executive Order 2020-66, which terminates the existing state of emergency and disaster declarations issued under the Emergency Management Act in Executive Order 2020-33.
•  Executive Order 2020-67, which clarifies that a state of emergency remains in effect under the Emergency Powers of the Governor Act of 1945. The order is effective immediately and continues through May 28, 2020 at 11:59pm. The governor will evaluate the continuing need for this order prior to its expiration, and if she determines that an emergency no longer exists, will terminate or extend the state of emergency declared in this order.
• Executive Order 2020-68, which declares a state of emergency and a state of disaster across the State of Michigan under the Emergency Management Act of 1976. The state of emergency and state of disaster declared by this order will be effective through May 28, 2020 at 11:59pm, and the governor will evaluate the continuing need for the order prior to its expiration, terminate the states of emergency and disaster if the threat or danger has passed.

Also related to COVID-19, Governor Whitmer signed Executive Order 2020-69 which extends her previous order that temporarily closes certain places of public accommodation such as theaters, bars, casinos, and more. In order to maintain social distancing, the order also limits restaurants to carry-out and delivery orders. This order does not restrict a place of business from offering food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service. Places of public accommodation are encouraged to offer food and beverage service in one or more of those ways and use precautions to mitigate potential transmission of COVID-19, including social distancing and wearing as face covering. Restaurants may allow five people inside at a time to pick up orders, so long as they stay six feet apart from each other.

Further, today at a press conference, Governor Whitmer signed Executive Order 2020-70 as part of the MI Safe Start plan. The order will allow the May 7 resumption of some types of work that present a very low risk of infection, including construction, real-estate activities, and work that is traditionally and primarily performed outdoors.

The governor’s Stay Home, Stay Safe order remains in effect until May 15, 2020. Under this order, Michiganders still must not leave their homes except to run critical errands, to engage in safe outdoor activities, or to go to specified jobs. Executive Order 2020-70 also requires businesses to adopt measures to protect their workers against the spread of COVID-19.

Under the order, construction sites must adopt a set of best practices to protect their workers from infection. Those practices include:

• Designating a site supervisor to enforce COVID-19 control strategies.
• Conducting daily health screenings for workers.
• Creating dedicated entry points, if possible, or issuing stickers or other indicators to assure that all workers are screened every day.
• Identifying choke points and high-risk areas (like hallways, hoists and elevators, break areas, water stations, and buses) and controlling them to enable social distancing.
• Ensuring sufficient hand-washing or hand-sanitizing stations at the worksite.

Earlier, Governor Whitmer signed Executive Order 2020-65 to extend and clarify Executive Order 2020-35, which ordered all K-12 school buildings to close for instructional purposes to students for the remainder of the school year, and provided continuity of learning infrastructure by setting guidelines for remote learning. In addition to continuing the actions taken in the previous executive order, Executive Order 2020-65 also suspends in-person instruction of both the Great Start Readiness Program and early childhood programs for the reminder of the 2019-2020 school year. GSRP is Michigan’s state-funded preschool program.

Under the re-issued EO, school districts that run Great Start Readiness Programs (GSRP) must also detail a plan on how the GSRP teaching team will engage with enrolled children and families as well as provide children and their families plans for the transition from GSRP to kindergarten. This outreach must include a virtual conference with the family. Schools must begin implementation of GSRP plans by May 7, 2020.

Minnesota:

Governor Walz signed Emergency Executive Order 20-48, which extends and modifies the previous Stay at Home Order. The new order goes into effect on Sunday, May 3, 2020 at 11:59 pm and will be in effect through Sunday May 17, 2020 at 11:59 pm. The new order identifies additional categories of Critical Sector workers, including laundry and hygiene and faith leaders and workers. While the order does not force residents to wear masks and face coverings, it strongly encourages them to do so when they leave their homes and travel to public settings.

Nevada:

Governor Sisolak announced the release of the “Nevada United: Roadmap to Recovery” plan, designed to build a path forward and safely restart Nevada’s economy. The roadmap outlines a coordinated, state-specific plan to address the COVID-19 public health and economic crisis. The plan’s guiding principle is that Nevada’s efforts should be federally supported, state managed, and locally executed.

New Hampshire:

Governor Sununu announced Stay at Home 2.0 extending a modified stay-at-home order until May 31, 2020. Stay at Home 2.0 also includes a plan to gradually and safely restart New Hampshire’s economy. The plan establishes four dates of re-opening for certain businesses, the first of which begins May 1st. All businesses that are open or may be re-opening must meet the health and safety standards established by Department of Public of Health Universal Guidance. Additionally, certain industries must meet industry-specific standards found here.

Subject to health and safety standards mentioned above, the industries able to immediately phase-in services on May 1 are public and private parks, campgrounds, and manufacturing businesses. On May 4, 2020, phase-in may begin for certain health care operations, including elective and non-urgent procedures. On May 11, 2020, phase-in may begin for drive-in movie theaters, public and private golf courses, and barber/hair salons. On May 18, 2020, phase-in may begin for dine-in restaurants.

New Mexico:

On April 30, 2020, Governor Lujan issued Executive Order 2020-026 to extend the statewide public health emergency and pave the way for a modified Public Health Order (“PHO”) maintaining stay-at-home restrictions. The PHO remains in effect until May 15, 2020.

The PHO largely mimics the State’s previous stay-at-home order with a few notable exceptions for recreation and retail. Under the PHO, mass gatherings (gatherings of more than five) remain prohibited, nonessential businesses are shuttered, and six-foot social distancing remains the norm for New Mexicans. The PHO does not alter the essential business and related classifications fleshed out by prior public health orders.

Nonessential retail, golf courses, and gun stores and shooting ranges all receive a moderate reprieve from the stay-at-home restrictions. Nonessential retail establishments may provide curbside pickup and delivery services to customers, provided an establishment’s license permits such services. Golf courses are now open but cannot provide dine-in services. And gun stores and ranges may sell firearms and permit shooting by appointment only.

Ohio:

Governor DeWine announced that the Ohio Department of Health issued a “Stay Safe Ohio Order.” The new order will replace the previous "Stay at Home" order, which expires at 11:59 p.m. on May 1. Under the new order, certain businesses and operations are permitted to reopen so long as all workplace safety standards contained in the new order are met. The new order expires at 11:59 pm on May 29, 2020.

Oklahoma:

Phase 1 of Governor Stitt’s three-phase plan to reopen Oklahoma went into full effect today. If hospital and incident rates remain at a manageable level for 14 days Oklahoma will move into Phase 2 with the goal of doing so on May 15. Phase 1 of Governor Stitt’s plan includes the following:

Individual guidance:

• Continue following safer-at-home guidelines if they are over 65 or part of a vulnerable Population
• Maximize social distance from others when in public (e.g., parks, outdoor recreation areas, shopping areas)
• Avoid socializing in groups or facilities that do not readily allow for appropriate social Distancing
• Minimize non-essential travel iv and adhere to CDC guidelines and Executive Orders regarding isolation following travel

Employer guidance:

• Create plans to allow employees to return to work in phases
• Close common areas or enforce social distancing protocols
• Minimize non-essential travel and adhere to CDC guidelines and Executive Orders regarding isolation following travel
• Honor requests of personnel who are members of a vulnerable population for special accommodations

Specific Employer guidance:

• Schools and organized sporting events and camps that are currently closed should remain closed until further notice
• Visits to Senior Living Facilities and Hospitals are prohibited

April 24 reopening:

• Personal care businesses, such as hair salons, barbershops, spas, nail salons, and pet groomers can reopen for appointments only, must adhere to sanitation protocols, and follow guidelines posted on the Oklahoma Department of Commerce website regarding social distancing between customers and visitors at personal care businesses.
• State parks and outdoor recreation should be reopened
• Grocery stores should continue to maintain hours for vulnerable populations

May 1 reopening:

• Dining, entertainment, movie theatres and sporting venues can operate using CDC-recommended social distancing and sanitation protocols.
• Gyms can reopen if they adhere to CDC-recommended social distancing and sanitation protocols.
• Places of worship can reopen for in-person meetings or worship if they leave every other row or pew open and adhere to CDC-recommended social distancing and sanitation protocols, plus the recommended guidelines from the Oklahoma Department of Commerce.
• Bars should remain closed.
• Tattoo Parlors can reopen for appointments only and must adhere to sanitation protocols and social distancing protocols for distancing between customers and visitors.

Oklahoma City and Tulsa largely fell in line with Phase 1 of Governor Stitt’s plan to reopen Oklahoma today. However, Oklahoma City Mayor David Holt issued an emergency proclamation placing restrictions on Governor Stitt’s plan as applied to Oklahoma City and Tulsa Mayor G.T. Bynum similarly instituted additional restrictions.

Pennsylvania:

On Friday, May 1, Governor Wolf announced twenty-four counties would begin to reopen at 12:01 a.m. on Friday May, 8. Consistent with the process his office had previously announced, the twenty-four counties in the northwest and north-central regions will move from the red to yellow phase.

On Monday, May 4, the administration will release guidance for businesses permitted to reopen on May 8 in the twenty-four counties. But Governor Wolf’s administration has already announced that telework must continue where feasible and businesses with in-person operations will continue to be required to follow business and building safety orders. While the stay-at-home order will be lifted, restaurants will continue to be limited to carry out and delivery only and indoor recreation, health and wellness facilities and personal care services (like gyms, spas, and hair salons), and all entertainment (such as casinos and theaters) will remain closed.

The counties included are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango, and Warren.

Tennessee:

(Memphis and Shelby County): Shelby County, the City of Memphis and surrounding municipalities announced that they will being phase 1 of their Back to Business framework on Monday, May 4, 2020.

(Nashville and Davidson County): The Safer at Home Order for Nashville and Davidson County extends through May 8, 2020. On May 1, 2020, the Chief Medical Director for Nashville and Davidson County issued Order 4, directing citizens to wear a cloth face covering or mask to cover their nose and mouth whenever in a community setting. The Order notes that face coverings or masks are not a substitute for social distancing and advises that they should not be placed on children under the age of 2 or when it would be contrary to the wearer’s health or safety. The Order also directs businesses to post conspicuous signage at all public entrances advising them of the need to wear masks. Order 4 is effective May 1 through May 31, 2020.

(Knoxville and Knox County): Knoxville and Knox County are beginning their gradual reopening of business May 1, 2020. Knoxville and Knox County have adopted a three phase approach, each phase will last at least 28 days.

Texas:

The first phase of the Governor Abbott’s plan to Open Texas began today, allowing retail stores, restaurants, malls, and movie theaters to reopen at 25% capacity.

The Texas Workforce Commission issued new guidance to unemployment claimants concerning their eligibility for unemployment benefits should they refuse to return to work due to COVID-19. Under this guidance, Texans can continue to receive unemployment benefits throughout the COVID-19 response if they refuse rehire for any of the following reasons:

• At High Risk: People 65 years or older are at a higher risk for getting very sick from COVID-19.
• Household member at high risk: People 65 years or older are at a higher risk of getting very sick from COVID-19.
• Diagnosed with COVID: The individual has tested positive for COVID-19 by a source authorized by the State of Texas and is not recovered.
• Family member with COVID: Anybody in the household has tested positive for COVID-19 by a source authorized by the State of Texas and is not recovered and 14 days have not yet passed.
• Quarantined: Individual is currently in 14-day quarantine due to close contact exposure to COVID-19.
• Child care: Child’s school or daycare closed and no alternatives are available.

Washington:

Insurance Commissioner Mike Kreidler extended his emergency order, which was set to expire May 4, 2020, and required health insurers to waive copays and deductibles for any consumer requiring testing for coronavirus (COVID-19). The extended order expires on June 3, 2020.

April 30, 2020

Arkansas:

Governor Hutchinson announced Thursday that gyms and fitness centers will be permitted to reopen on May 4, 2020 with the following restrictions:

• Screening for staff and patrons
• No entry for: recent travelers to N.Y., N.J., Conn., New Orleans, and overseas; those with fever, symptoms, or recent contact with COVID-19 patient; immunocompromised persons or those with chronic diseases
• Temperature checks for staff
• Face coverings for staff and patrons, except when actively exercising
• No pools, spas, showers, or saunas may open
• Hand sanitizer must be available
• Equipment sanitation after each use
• 12-ft. distancing
• No personal contact

Georgia:

On April 23, Governor Kemp issued Executive Order 04.23.20.01 which reviewed Executive Order 04.13.20.01, which declared a State of Emergency due to extensive storm damage on April 12-13, until May 7.

On April 23, Governor Kemp issued Executive Order 04.23.20.02, effective May 1, until May 13, which orders social distancing, encourages wearing of facemasks, promotes adhering to the sanitation guidelines of the CDC, and prohibited certain gatherings. This order also extended Executive Order 04.08.20.04, which suspended short-term rentals to help stop the spread of COVID-19, until May 13.

Hawaii:

Governor Ige has given approval to a handful of Oahu businesses to reopen at 4:30 pm Thursday, April 30, 2020, including certain real estate services, car dealerships, automated service providers, mobile service providers, golf courses, gravesite visits, and services provided on a one-on-one basis, as long as social distancing is maintained. These services, referred to as Designated Businesses and Operations, were enumerated in Honolulu Mayor Kirk Caldwell’s Amended and Restated Stay at Home/Work from Home Order, which takes effect at 4:30 pm on April 30, 2020, and remains in force until 4:30 pm on May 18, 2020.

(City of Honolulu): Businesses listed in Mayor Kirk Caldwell’s Amended and Restated Stay at Home/Work from Home Order, including real estate services, car dealerships, automated service providers, mobile service providers, golf courses, and services provided on a one-on-one basis, as long as social distancing is maintained, may reopen at 4:30 pm.

Illinois:

Governor Pritzker announced at his daily press briefing that the modified extension of Illinois’ Stay At Home Order will go into effect tomorrow, May 1. The extended Order will continue through May 30. The extension has not yet been released but is reported to modify the original Stay At Home Order as follows:

• Essential businesses and manufacturers will be required to provide face-coverings to employees that cannot maintain six feet distancing
• There will be new occupancy limits on essential businesses for employees and customers
• New precautions will be taken for essential businesses including staggering shifts, and operating only essential lines for manufacturers
• Non-essential retail may operate with pick-up and delivery
• Individuals will be required to wear face coverings in public
• State parks will begin a phased re-opening, with fishing in boating in groups of no more than two people permitted, and golf will be permitted under strict safety guidelines
• Gardening and nurseries will qualify as essential, along with animal grooming
• Educational institutions can allow students to pick up their supplies and belongings

Iowa:

Governor Reynold’s Iowa Workforce Development Agency stated that as businesses begin to reopen employees who refuse to return to work at open businesses will be deemed to have “voluntarily quit.” This disqualifies those employees from receiving unemployment benefits.

Kansas:

(Johnson County): The Johnson County Public Health Officer Dr. Joseph LeMaster signed an extension of the Governor Kelly’s State Stay at Home Order. The state-wide order was set to expire on May 3. The New Johnson County Order adopts the same framework of the Kansas Stay at Home Order, including the Kansas Essential Function Framework, and extends the Order through Sunday May 10 at 11:59 p.m. Businesses wishing to determine whether they are essential should now contact Johnson County, and all previous determinations made by the State of Kansas will remain in full effect. The Order also continues to limit gatherings to ten people. Essential Businesses include those in four categories including “Connect,” communications type businesses; “Distribute,” including transportation and transmission of electricity and energy; “Manage,” including essential government functions; and “Supply,” including the generation and supply of essential products, chemicals, fuels, electricity, agricultural goods, among others.

Kentucky:

Governor Beshear announced the state’s plan to gradually reopen business activities. The following business sectors are in line to tentatively restart:

• May 11 – Manufacturing, construction, vehicle and vessel dealerships, professional services (at 50% of pre-outbreak capacity), horse racing (without spectators), pet grooming and boarding
• May 20 – Retail, houses of worship
• May 25 – Social gatherings of no more than 10 people, barbers, salons, cosmetology businesses and similar services

Maine:

On April 28, 2020, Governor Mills extended the shelter at home order until May 31, 2020. The Governor’s order also included a plan to gradually and safely restart Maine’s economy. The plan establishes four gradual stages of reopening, the first of which begins May 1st. Stage 1 also allows for the limited expansion of certain business, religious, and quality of life activities, with appropriate safety precautions. Specifically, Stage 1 businesses include:

• Health care from Maine-licensed providers, with recommendations that they prioritize care for patients with time-sensitive conditions; assure the safety of patients, staff, and communities; manage the use of essential resources such as personal protective equipment and testing supplies; and pace re-opening services to the level of community COVID-19 activity, maintaining capacity in our hospitals for potential outbreaks
• Personal services: Barber shops, hair salons, and pet grooming
• Limited drive-in, stay-in-your-vehicle religious services
• Drive-in movie theaters
• Outdoor recreation: guided outdoor activities (hunting & fishing) and restricted use of golf and disc golf courses
• State parks, state-owned public land trails, and historic sites; although certain coastal state parks will remain closed
• Auto dealerships and car washes

Maryland:

Governor Hogan announced new actions to curb outbreaks in nursing homes and poultry processing facilities. With respect to poultry processing plants, the Governor activated a multi-state, multi-agency operation to address outbreaks, dispatching epidemiologists to the affected areas to focus on testing support, contact tracing, occupational health, communications and outreach. For nursing homes, the Governor issued a new order which, among other items, includes daily evaluation of residents and universal testing for residents and staff. Separately, the Governor stated at a press conference that he’s waiting for hospitalizations to plateau before announcing a date to reopen the state. Last, the Governor issued an executive order prohibiting creditors and debt collectors from issuing garnishments, liens, or set-offs for federal funds distributed to residents under the CARES Act.

Nebraska:

Governor Ricketts announced the extension of the state’s existing Directed Health Measures (DHM) for the following areas until May 11:

• Lincoln-Lancaster County Health Dept.
• West Central District Health Dept.
• Three Rivers Public Health Dept.

Each of these districts will move to a less restrictive DHM on May 11th. This will allow for the limited reopening of dine-in services at restaurants and of salons, barber shops, tattoo parlors, and massage therapy services.

The less restrictive DHM will take effect on May 4th in many other health department regions. These include:

• Douglas County Health Dept.
• Sarpy/Cass Dept. of Health
• East Central District Health Dept.
• Four Corners Health Dept.
• Loup Basin Public Health Dept.
• North Central District Health Dept.
• Northeast Nebraska Public Health Dept.
• Panhandle Public Health District
• Southeast District Health Dept.
• Southwest Nebraska Public Health District

Nevada:

Governor Steve Sisolak announced a directive extending a majority of the Stay-At-Home measures through mid-May, but will be easing some restrictions starting on May 1, 2020. Nevada will continue to remain under the Stay at Home order, but this new directive will allow Nevadans expanded outdoor and recreational activities and provide some relief for our small business owners. These changes include: (1) all retail businesses will be allowed to operate under curbside commerce models, similar to curbside pickup currently allowed for restaurants and eateries (including cannabis dispensaries); (2) drive-in services are now permitted for places of worship, as long as congregants stay in a vehicle and maintain at least 6 feet of social distance from people not in their household; and (3) relaxes restrictions on outdoor activities, including golf, pickleball, and tennis, as long as they do it safely and in a way that prevents the spread of COVID-19.

All other directives currently in effect will be extended through May 15, or until the state meets the necessary criteria set forth last week and consistent with the White House guidelines to demonstrate the state is making sufficient progress to slow the spread of COVID-19.

New Jersey:

On Wednesday, April 29, Governor Murphy signed Executive Order No. 133, which opened to the public most areas of state parks and forests for passive recreational activities where social distancing may be maintained like fishing, hiking, and running. County parks also will open to the public unless a county had closed the park prior to its ordered closure by the state. Counties and municipalities may impose additional restrictions at their parks.

The order also allows golf courses to reopen to the public. Courses must adopt policies, though, that limit physical interaction like requiring payments and reservations to take place electronically or telephonically and stagger tee times by at least sixteen minutes. The order does not allow miniature golf courses, driving ranges, and other places of public amusement to open.

The order takes effect beginning at 6:00 a.m. on Saturday, May 2, 2020 and will remain in effect until revoked or modified by the Governor.

New York:

On Wednesday, April 29, Governor Cuomo signed Executive Order No. 202.25, which modifies Executive Order No. 202.10’s cancelation of elective surgeries and procedures. The modified order will allow certain general hospitals to perform elective surgeries and procedures if, within its county, the total available hospital inpatient capacity is over thirty percent and the total available hospital ICU capacity is over thirty percent and the total change, from April 17, 2020 to April 27, 2020, in the number of hospitalized patients who are positive for COVID-19 is fewer than ten. A hospital in an eligible county itself must also meet the same criteria to begin providing elective surgeries and procedures.

General hospitals that do not meet the criteria to perform elective surgeries and procedures may seek a waiver from the prohibition by submitting a plan to the Department of Health. All general hospitals authorized perform elective surgeries and procedures must report to the Department of Health the number and types of surgeries and procedures performed.

North Carolina:

The North Carolina legislature passed House Bill 1043, The Pandemic Response Act, which provides $1.7 billion in funds for COVID-19 relief, including: recovery priorities, providing assistance for small businesses, streamlining access to unemployment benefits, modifying education requirements, ensuring continuity of government operations, and supporting healthcare facilities on the front lines of the public health crisis. The full Senate approved its coronavirus legislation, Senate Bill 704, unanimously April 29, 2020 with $1.4 billion in relief allocations. The two bills will now be reconciled as there are substantial differences between the two bills, both on policy and the monetary allocation, but lawmakers have said they expect to reach agreement quickly and send a final bill to Governor Roy Cooper, who prefers the House version.

(Wake County): Wake County is ending its local Stay-At-Home order on the evening of Thursday, April 30, 2020. Restrictions will be eased on Friday, May 1, 2020. The county’s more than 1 million people will instead follow North Carolina’s stay-at-home order, which allows small gatherings and larger funerals with social distancing. Starting at 12:01 a.m. May 1, gatherings of up to 10 people will be allowed, as well as up to 50 people at a funeral, as long as people outside an immediate household are six feet apart.

Wake County’s original stay-at-home order also had a stricter definition of essential businesses. The state’s order lists “businesses that meet social distancing requirements” as essential, while Wake County’s originally didn’t. That means bookstores, clothing shops and other retailers may reopen in Wake County as long as they follow social distancing. The state’s order also says stores are limited to 20% of their stated fire capacity, or five people per 1,000 square feet.

Hair salons, gyms and movie theaters remain closed, but other businesses that keep people six feet apart can stay open.

Wake County’s order applies to Raleigh, the unincorporated parts of Wake County and all the towns except Apex. Apex did not join the county’s decision Wednesday and plans to issue its own order.

North Dakota:

Governor Burgum signed an amended executive order providing additional guidance for businesses who are reopening. The original protocols under the North Dakota Smart Restart included operating standards for all industries, as well as specific guidance for several high-contact business sectors including restaurants and bars; hair, nail and tanning salons and other cosmetology-related businesses; tattoo and body piercing businesses; massage therapy facilities; and fitness centers. The amended executive order adds guidelines for movie theaters, including limiting capacity and group sizes, allowing for proper spacing between groups and staggering showtimes to decrease congestion in common areas.

These businesses, which experienced temporary closures or access restrictions under the previous executive order that expires Thursday, April 30, may begin to re-open at 8 a.m. Friday, May 1, if the ND Smart Restart standard procedures and industry-specific rules are adopted and rigorously followed.

Oklahoma:

Phase 1 of Oklahoma Governor Stitt’s three-phase plan to reopen Oklahoma goes into expanded effect tomorrow. Phase 1 went into effect, in part, on April 24 with the reopening of certain personal care businesses such as hair salons as well as the reopening of state parks and outdoor recreation. Beginning May 1, Phase 1 expands to allow the following businesses to reopen:

• Dining, entertainment, movie theatres and sporting venues can operate using CDC-recommended social distancing and sanitation protocols.
• Gyms can reopen if they adhere to CDC-recommended social distancing and sanitation protocols.
• Places of worship can reopen for in-person meetings or worship if they leave every other row or pew open and adhere to CDC-recommended social distancing and sanitation protocols, plus the recommended guidelines from the Oklahoma Department of Commerce.
• Tattoo Parlors can reopen for appointments only and must adhere to sanitation protocols and social distancing protocols for distancing between customers and visitors.

If hospital and incident rates remain at a manageable level for 14 days Oklahoma will move into Phase 2 on May 15.

Tulsa Mayor G.T. Bynum previously announced that Tulsa will fall in line with state and Federal guidelines for phased rollbacks of coronavirus restrictions. The following Tulsa specific guidelines will reportedly be in place during and in addition to Phase 1 of Governor Stitt’s plan to reopen Oklahoma:

• All events or gatherings of more than 10 people in Tulsa are banned through May 15 when the pandemic emergency conditions will be reassessed. This includes all social gatherings. Religious services, commercial activity and work are not considered gatherings.
• City-owned playgrounds, recreation centers, pools, splash pads and day camps shall remain closed indefinitely.
• City-owned sport courts, golf courses, pickleball, sports fields, and dog parks may resume operations with physical distancing and sanitation precautions on May 1.
• City-owned sports complexes and organized sports activities with more than 10 people shall remain closed through June 1.
• City bars shall remain closed through May 14. On May 15, Tulsa bars may resume operations with reduced occupancy based on 36 square feet per person (in the assembly/bar area). Bars are required to calculate and self-post this capacity next to their current capacity signage.
• No special event permits will be issued through May 14. The city will reassess special permits by May 15.

Oklahoma City Mayor David Holt also announced that Oklahoma City will largely fall in line with Governor Stitt’s plan starting May 1. Mayor Holt signed an emergency proclamation which is effective May 1 through May 15, during and in addition to Phase 1 of Governor Stitt’s plan. The emergency proclamation similarly adds limitations to Governor Stitt’s plan within Oklahoma City.

Tennessee:

Governor Lee issued Executive Order #31 which continues the bar on non-emergency dental or oral procedures, including hygiene visits, cosmetic procedures, and other elective procedures, through May 5, 2020. The bar on non-emergency dental procedures was first issued by Executive Order #18, effective March 24, 2020 and continued through April 30, 2020 by Executive Order #25.

Tennessee’s Economic Recovery Group (ERG) released guidance for reopening close contact services on May 6.

Texas:

San Antonio and Bexar County issued separate but joint Orders extending their Stay Home, Work Safe mandates through May 19. The measures that continue to be in effect include social distancing, the ban on gatherings outside of the household, and the requirement to wear face coverings. Consistent with Governor Abbott’s Order, essential services continue to remain open, with “reopened services” available to operate at 25% occupancy of thos