December 30, 2020

Arkansas:

Governor Hutchinson signed Executive Order 20-53 on December 29, 2020, which renewed the declaration of the Disaster and Public Health Emergency due to COVID-19. The following orders were adopted and renewed under EO 20-53:

• Executive Order 20-05, regarding telehealth;
• Executive Order 20-06 (extended by 20-16) regarding the suspension of rules and statutes by state agencies;
• Executive Order 20-14, regarding the suspension of in-person witnessing and notarization of legal documents;
• Executive Order 20-15, regarding suspension of prohibitions for banks and corporations to hold shareholder meetings by remote communication;
• Executive Order 20-18 and 20-52, regarding access to healthcare resources;
• Executive Order 20-22 and 20-35, regarding Workers’ Compensation protections;
• Executive Order 20-33, regarding the protection of businesses from liability related to COVID-19; and
• Executive Order 20-43, regarding the issuance of a face covering directive by the Arkansas Department of Health.

The new Order and all orders incorporated therein are effective for 60 days beginning on December 30, 2020.

Georgia:

Georgia Chief Justice Melton signed an order suspending jury trials statewide. The Chief Justice said that “the rapid escalation of COVID-19 cases across the state requires that the judiciary pull back on the resumption of jury trials.” While jury trials currently underway can continue at the discretion of the presiding judge, new jury trials are expected to be suspended at least until February 2021.

Kansas:

On December 30, Governor Kelly announced that to help keep Kansans warm this winter, the Kansas Department for Children and Families (DCF) will begin accepting applications for its Low-Income Energy Assistance Program (LIEAP) on Monday, January 4. LIEAP provides an annual benefit to help qualifying households pay winter heating bills. Persons with disabilities, older adults and families with children are the primary groups assisted. In 2020, about 34,000 households received an average benefit of $960.

To qualify, applicants must be responsible for direct payment of their heating bills. Income eligibility requirements are set at 130% of the federal poverty level. The level of benefit varies according to household income, number of people living in the home, type of residence, type of heating fuel and utility rates.

Applicants need to have made payments on their heating bill two out of the last three months. Those payments must be equal to or exceed $80 or the total balance due on their energy bills, whichever is less.

Applications for the program have been mailed to households that received energy assistance last year. LIEAP applications are also available at local DCF offices and through partnering agencies starting January 4. They can be requested by calling 1-800-432-0043. To apply online, visit: https://cssp.kees.ks.gov/apspssp/sspNonMed.portal.

For more information, visit: http://www.dcf.ks.gov/services/ees/Pages/EnergyAssistance.aspx.

Applications will be accepted from January 4 to March 31.

Kentucky:

On December 30, Governor Beshear renewed the state’s face coverings mandate for an additional 30 days; the current executive order is set to expire at 4:59 p.m. on January 2 and the new order will be effective on January 2 at 5 p.m.

Governor Beshear also signed Executive Order 2020-1057 that extends previous orders allowing pharmacists to dispense 30-day refills. The current executive order is set to expire at the end of January 3; the new order will be effective for 30 days beginning January 4.

Louisiana:

On December 29, Governor Edwards announced the passing of Congressman-elect Luke Letlow, who was recently elected to represent Louisiana’s 5th Congressional District, from COVID-19.

North Carolina:

On December 30, the North Carolina Coronavirus Task Force broke down the state’s current vaccination prioritization plan which is expected to move into the next phase in January. Vaccines will eventually be available to anyone, but supplies are currently limited, so the state is issuing vaccinations in phases and by groups, N.C. Department of Health and Human Services Secretary Dr. Mandy Cohen said. As of Wednesday, North Carolina is in Phase 1a, which includes healthcare workers working with COVID-19 patients, healthcare workers administering the vaccine and long-term care staff and residents.

Dr. Cohen stated North Carolina may move into Phase 1b in early January. Phase 1b will be divided into three groups so that people may be vaccinated as supplies become available. The first group in Phase 1b will include anyone 75 years old and older regardless of health status or living situation. Phase 1b Group 2 will include health care workers and frontline essential workers ages 50 and older. Finally, Phase 1b Group 3 will include health care workers and frontline essential workers of any age.

The next vaccination phases will be:

• Phase 2: Adults at high risk for exposure and at increased risk of severe illness.
  • Vaccinations will happen by group in the following order:
    • Group 1: Anyone 65-74 years old, regardless of health status or living situation
    • Group 2: Anyone 16-64 years old with high-risk medical conditions that increase risk of severe disease from COVID such as cancer, COPD, serious heart conditions, sickle cell disease, Type 2 diabetes, among others, regardless of living situation
    • Group 3: Anyone who is incarcerated or living in other close group living settings who is not already vaccinated due to age, medical condition or job function.
    • Group 4: Essential workers not yet vaccinated.
      • The CDC defines these as workers in transportation and logistics, water and wastewater, food service, shelter and housing (e.g., construction), finance (e.g., bank tellers), information technology and communications, energy, legal, media, and public safety (e.g., engineers), and public health workers.
• Phase 3: Students
  • College and university students
  • K-12 students age 16 and over. Younger children will only be vaccinated when the vaccine is approved for them.
• Phase 4: Everyone who wants a safe and effective COVID-19 vaccination.

More information is available online at yourspotyourshot.nc.gov.

Oregon:

Governor Brown announced updated county risk levels on December 29, 2020, with the changes taking effect January 1, 2021. Five counties (Clatsop, Coos, Douglas, Lincoln, and Morrow) improved from extreme risk to high risk, while Lake County improved from moderate risk to lower risk. The other 30 counties remained at their prior risk level, with 24 counties now at extreme risk, the aforementioned five counties at high risk, zero counties at moderate risk, and seven counties at lower risk. More on the restrictions at each risk level can be found here.

Washington:

Governor Inslee extended statewide restrictions for an additional week, with these restrictions now set to expire on January 11, 2021. These restrictions (i) limit indoor social gatherings to those within a household unless the outside individuals quarantine prior to the gathering; (ii) limit outdoor social gatherings to five individuals outside of the household; (iii) close restaurants and bars to indoor service; (iv) close indoor fitness facilities and gyms; (v) limit indoor retail to 25% capacity; (vi) limit religious services to 25% capacity; and (viii) require visits to long-term care facilities to occur outside, among other restrictions.

December 29, 2020

Arkansas:

Governor Hutchinson signed Executive Order 20-54, which clarifies Arkansas Unemployment Insurance Law in light of COVID-19. The Order went into effect on December 29, 2020 and will remain in effect until February 27, 2021. The intent of the order is to suspend the method by which unemployment contribution rates and reimbursement amounts are calculated under Arkansas law during the COVID-19 public health emergency.

• The Order states that the Division of Workforce Services, in computing an employer’s reserve ratio as of June 30, 2020, the only regular benefits to be included are those from July 1, 2019 through March 31, 2020. Chargeable regular benefits from April 1, 2020 through June 30, 2020 are excluded.

• In computing the reimbursement amount for nonprofit organizations and government employing units as of December 31, 2020 regular Arkansas law regarding the same is suspended. The Division of Workforce Services shall only include chargeable regular benefits from January 1, 2020 through March 31, 2020 and from July 1, 2020 through December 31, 2020. Chargeable regular from April 1, 2020 through June 30, 2020 shall be excluded.

Florida:

Governor DeSantis issued Executive Order 20-315, which permits all providers administering any COVID-19 vaccine during the first phase of vaccine administration, to vaccinate only (1) long-term care facility residents and staff; (2) persons 65 years of age and older; and (3) health care personnel with direct patient contact. Hospital providers may also vaccinate persons who they deem to be extremely vulnerable to COVID-19.

(Broward County): County Administrator, Bertha Henry, issued Emergency Order 20-31, which amends the curfew exception for people returning to their homes after commercial travel, to apply to people traveling directly between their homes and an airport, seaport, or train or bus terminal in connection with commercial air, sea, train, or bus travel or returning to their homes after one-way vehicular travel of more than 100 miles.

County Administrator Henry also issued Emergency Order 20-30, which imposes a county-wide curfew for all of Broward County from midnight to 5:00 a.m. daily, beginning Friday, December 25, 2020, and continuing each day through Monday January 4, 2021, except that on Christmas day (December 25), and New Year’s Day (January 1), the curfew will start one hour later, and will be in effect only from 1:00 a.m. until 4:00 a.m. During the curfew, no person may use any street or sidewalk in the county for any purpose, unless they fall under the exceptions described in the order, which include: active-duty police or first responders, media, government employees, persons traveling directly to or from work or any religious service, among others.

(Miami-Dade County): Mayor Daniella Levine Cava issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on December 24, 2020.

Hawaii:

(Hawaii County): With Governor Ige’s approval, Mayor Roth issued a Fifth Supplementary Emergency Proclamation further extending the local state of emergency through February 14, 2021.

With Governor Ige’s approval, Mayor Roth issued Emergency Rule No. 14, which revises the mandatory self-quarantine period to 10 days, instead of 14.

(Kauai County): With Governor Ige’s approval, Mayor Kawakami issued a Sixth Supplementary Emergency Proclamation, continuing the disaster relief or emergency period for an additional 60 days after the last effective day of the previous proclamation.

(Maui County): With Governor Ige’s approval, Mayor Victorino issued a Public Health Emergency Proclamation, which takes effect December 30, 2020, and terminates 60 days after the date of the proclamation unless otherwise terminated

Mayor Victorino also issued Amended Public Health Emergency Rules, which require businesses or designated operations to refuse or allow entry to persons not wearing face coverings, unless an exception applies. Business that fail to enforce the Emergency Rules, or fail to comply with the Rules, may be subject to enforcement, including fines and mandatory closure. The amendments also revise the mandatory self-quarantine period to 10 days, instead of 14. The Rules further provide that persons who previously tested positive for COVID-19 but are no longer at risk of infecting others may obtain an exemption from a travel quarantine prior to travel.

Kentucky:

On December 28, Governor Beshear and Dr. Stack, commissioner of the Kentucky Department for Public Health, said the next priority group (Phase 1b) for vaccination will be Kentuckians who are at least 70 years old, as well as first responders and educators. Depending on the vaccine distribution schedule, Phase 1b could begin as early as February 1, 2021, plus or minus a week.

The Governor said 40 additional sites will receive vaccine doses for the first time this week. To date, in Phase 1a, approximately 126,600 vaccine doses have been delivered to Kentucky: 39,000 of those doses are designated for long-term care facilities. At least 26,336 vaccine doses have already been administered statewide: 17,752 to health care workers, 2,788 through local health departments and 5,796 to long-term care residents and staff. Dr. Stack clarified that Phase 1a includes all health care personnel in clinical settings, including Kentuckians who work in environmental services, front-line operations, interpretation services, dental care and home-based health care staff. Dr. Stack estimated that there are at least 200,000 Kentuckians included in this category.

Further, Governor Beshear said the CDC has extended its moratorium on evictions through January 31, 2021. The Governor renewed a previous executive order mandating that the CDC moratorium apply in Kentucky. The CDC order and the tenant declaration required by the CDC order and by the Governor’s order are available online.

Maryland:

On December 23, Governor Hogan ordered an extension to the State of Emergency due to COVID-19.

Michigan:

Governor Whitmer signed the bipartisan relief bill that the Michigan legislature passed earlier this week. The relief bill includes $55 million to help small businesses impacted by COVID-19. Grants of up to $20,000 will be made available to small businesses across the state that need support this winter. The relief bill also includes $3.5 million for grants of up to $40,000 each for live music and entertainment venues and includes $45 million in direct payments to workers who have been laid off or furloughed as a result of the virus.

Governor Whitmer also signed bipartisan Senate Bill 604 extending unemployment benefits for Michiganders who have lost work as a result of the COVID-19 pandemic from 20-26 weeks until the end of March 2021. When she signed the bipartisan relief bill, Governor Whitmer line item vetoed any items not subject to negotiated agreement, including a $220 million giveaway of taxpayer money to the employer-owned Unemployment Insurance Trust Fund - a pool of funds designed to help businesses fund benefits for laid off workers.

Missouri:

(St. Louis City): The St. Louis City Department of Health issued new guidance for those who must Self-Isolate and those who must Self-Quarantine. Self-isolation guidance is for those who have tested positive or have a loved one that tested positive. Self-quarantine guidance is for those or their loved ones that have been identified as having had close contact with someone who tested positive or is awaiting a test result.

New Jersey:

On December 28, Governor Murphy announced all United customers traveling from London to Newark, NJ will be required to present proof of a negative COVID-19 test taken no later than 72 hours prior to departure.

New York:

Governor Cuomo today announced that New Yorkers can begin using sick leave benefits under the state's paid sick leave law starting January 1, 2021. The legislation secures paid sick leave for workers at medium and large businesses and paid or unpaid leave for those at small businesses, depending on the employer’s net income. More information can be found here.

On December 28, Governor Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevent Act of 2020 preventing residential evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic.

On December 27, Governor Cuomo signed Executive Order No. 202.85 extending the State disaster emergency for the entire State of New York through January 26, 2021.

On December 23, Governor Cuomo announced the issuance by the Department of Financial Services of a circular letter directing insurers to suspend certain preauthorization and administrative requirements to help hospitals implement New York’s “surge and flex” protocol. The letter directs hospitals to review urgent or non-elective scheduled inpatient surgeries, admissions and transfers. The directive also requires review for inpatient rehabilitation and home care services following an inpatient hospital admission.

(New York City): On December 29, Mayor de Blasio signed Executive Order 171 extending the State of Emergency declaration in New York City until January 3.

North Carolina:

On December 23, Governor Cooper announced that he plans to extend the state’s evictions moratorium on residential evictions for non-payment of rent through at least January 31, 2021. The details and language of the moratorium are forthcoming and will be based on how or whether Congress extends the federal moratorium. More information on the state’s extension will be shared as soon as possible.

On December 22, Governor Cooper and Dr. Cohen highlighted updates on North Carolina’s distribution of two COVID-19 vaccines. The state expects to receive approximately 60,000 doses of the Pfizer vaccine and 176,000 doses of the Moderna vaccine. The Moderna vaccine does not require ultra-cold storage and is slated to go to 59 hospitals and 97 local health department sites.

December 28, 2020

Connecticut:

On December 23, Governor Lamont signed Executive Order 9T, which extends the state’s moratorium on residential evictions until February 9, 2021. As such, no “notices to quit” shall be issued before February 9, 2020 except for the following:

• Nonpayment of rent due on or prior to February 29, 2020.
• “Serious nonpayment of rent,” which is defined as an average of six months’ rent after March 1, 2020, excluding all other costs or fees.
• “Serious Nuisance,” which is defined as threats of bodily harm on the landlord or conduct that threatens the safety of other tenants or the landlord, prostitution or sale of drugs on the premises, or willful destruction of the premises.
• Or due to the intention of the landlord to use the premises as landlord’s principal residence

The order also renews an earlier provision allowing residents who have security deposits in excess of one month’s rent to apply that to rent due after October 2020.

Delaware:

On December 24, Governor Carney extended the State of Emergency declaration for another thirty days by issuing the Tenth Extension of the Declaration of a State of Emergency. Delaware state law requires the governor to extend the state of emergency every 30 days.

Additionally, Governor Carney and the Delaware Department of Education announced that the state will provide $9 million in one-time funding to school districts and charter schools. The funds will be used to prevent layoffs related to enrollment reductions by requiring recipients to certify that they will not lay off educators or staff. Recipients must also certify that they will use the funds for student instruction.

Maine:

On December 22, Governor Mills signed a proclamation extending Maine’s state of civil emergency through January 20, 2021.

Massachusetts:

Governor Baker-Polito’s issued Order No. 59, which took effect at 12:01 a.m. on December 26, 2020, superseding capacity limitations contained in Order No. 57, and Order No. 58, and will remain in effect until 12:00 p.m. on January 10, 2021. Under this order, the following apply:

• Gatherings are limited to 10 persons indoors and 25 persons outdoors,
• Restaurants are limited to 25% of their seating capacity,
• Indoor performance venues must remain closed,
• Outdoor performance venues are limited to 25% capacity, but not more than 25 people,
• Theaters are limited to 25% capacity, but not more than 50 people, and
• Other businesses are limited to 25% of their capacities.

Mississippi:

Governor Reeves signed Executive Order 1538 on December 22, which is already effective and will remain so indefinitely. This order continues to suspend the state law that requires meetings of shareholders to be noticed and held at a physical location in connection with any shareholder meeting that has been scheduled or must occur before June 30, 2021. Notice of such meetings can be by electronic means and must inform shareholders that the meeting will occur by electronic communication.

Governor Reeves also signed Executive Order 1539 on December 22, 2020, which is effective December 23, 2020 through January 15, 2021. The Order extends the face mask and social distancing requirements to the following counties, in addition to all other counties under the same mandate in Executive Order 1536: Benton, George, Greene, Hancock, Humphreys, Jasper, Leake, Newton, Pike, Quitman, Smith, Sunflower, Tallahatchie, Walthall, Wayne, and Wilkinson.

Oregon:

Governor Brown directed the Oregon Department of Education and the Oregon Health Authority to begin the early stages of implementing policy initiatives to help more Oregon schools open, with such initiatives to be put in place by February 15, 2021. These policy initiatives, which include access to rapid testing, the prioritizing of teachers and other school staff for vaccination, and the development of health and safety protocols, are designed to help up to 90% of students return to school, and will be funded through a combination of federal CARES Act funds and state funds allocated at the Special Session of the Oregon Legislature held December 21, 2020. Finally, Governor Brown changed the metrics governing the return to school protocols from being mandatory to just advisory, allowing local districts to make their own decisions about returning to school.

Tennessee:

On December 22, Governor Lee signed Executive Order 73 extending the state of emergency. Executive Order 73 is effective December 29, 2020 and extends until February 27, 2021. Executive Order 73 extends certain, targeted provisions of previous executive orders, including the authority of local governments to institute mask requirements.

Washington:

On December 27, Governor Inslee announced new, temporary state benefits for 94,555 Washingtonians who will be affected by the week-long lapse of Pandemic Unemployment Assistance, which expired on December 26, 2020 and was not renewed until December 27, 2020. Governor Inslee allocated $54 million to these payments, which total $550 per claimant.

Also, on December 24, Washington Insurance Commissioner Mike Kreidler extended two emergency orders until January 23, 2021. These orders require health insurers to waive copays and deductibles for COVID-19 testing and protected Washingtonians from surprise bills related to COVID-19 testing.

Further, on December 23, Governor Inslee extended the Washington eviction moratorium to March 31, 2021. It was previously set to expire on December 31, 2020.

December 22, 2020

Arkansas:

Governor Hutchinson signed Executive Order 20-52 on December 21, which was effective on the same day. The new Order requests and authorizes healthcare providers to provide services to treat COVID-19 and declares such entities as “Emergency Responders” during the COVID-19 health emergency.

• The Order furthermore requests healthcare providers to perform healthcare services directed at the prevention, treatment, mitigation, or cure of the virus and to perform other emergency functions within the scope of their licensure, such as: triage, diagnostic testing, and treatment of individuals with known COVID-19; cancelling or postponing elective procedures; redeploying or cross training staff; planning or enacting contingency standards and/or crisis standards of care measures; and reducing recordkeeping requirements to the extent necessary to perform necessary tasks to respond to COVID-19.
• It also grants civil immunity to healthcare providers, or “Emergency Responders”, for liability from any death, injury, or property damage alleged to have been sustained in the course of providing emergency management functions or treatment related to COVID-19 during the public health emergency.
• The Order supersedes Executive Order 20-34.

Kansas:

On December 22, Governor Laura Kelly issued Executive Order No. 20-70, extending the deadline for renewal of driver’s licenses to June 30, 2021. With this order, Governor Kelly extends a previous provision that allows Kansans 21 to 64 years of age to renew online. In addition to Executive Order 20-70, the Kansas Department of Revenue is removing service fees for all Kansans who use iKan to renew their license. These fees are generated to keep the online renewal system running but will be covered by COVID-19 funding to encourage the use of online renewals. This, in turn, assists in combatting community spread of the disease.

The iKan program can be utilized by downloading the app from Apple App or Google Play stores on mobile devices or by visiting iKan.ks.gov. Even with the temporary removal of some restrictions, by statute, other restrictions apply.

Kentucky:

On December 21, Governor Andy Beshear announced that several long-term care facilities in the commonwealth began administering the Pfizer-BioNTech COVID-19 vaccine. The vaccinations follow a recommendation from the Advisory Committee on Immunization Practices, which advises the U.S. Centers for Disease Control and Prevention (CDC), that the initial phase of the COVID-19 vaccination program should be offered to health care personnel and residents of long-term care facilities. Most assisted living facilities and skilled nursing facilities have enrolled in the federal Pharmacy Partnership for Long-Term Care Program implementing COVID-19 vaccination. Walgreens and CVS are providing services to the facilities, including follow-up visits. Walgreens pharmacy team members will provide COVID-19 vaccinations in approximately 800 long-term care facilities across Kentucky and 11 additional states the week of Dec. 21, including many in rural and urban areas.

“Again, our goal is to get everyone in long-term care facilities vaccinated by March 1,” said Gov. Beshear. “If we do that, we cut off 66% of the deaths that we have been experiencing. We also reduce hospitalizations and we free up more health care capacity. That means patients who do come in to the hospital get more attention and access and we improve their health outcomes.”

Furthermore, Dr. Steven Stack, commissioner of the Kentucky Department for Public Health, introduced a new vaccine dashboard on kycovid19.ky.gov where Kentuckians can learn more about the vaccine, its planned distribution stages and progress of its rollout across the state. Eighty hospitals in Kentucky will receive the Moderna vaccine this week. “This will show the total number of doses that have been shipped to the state; it will show the total number of Kentuckians who have been vaccinated; and it will show the total number of doses remaining to be deployed,” said Dr. Stack. “These numbers do not include the numbers that go to the long-term care facility immunization, at least not currently. Those get assigned over to CVS and Walgreens and show up in a different tracking methodology.”

Louisiana:

On December 22, Governor John Bel Edwards extended his modified Phase Two order, including Louisiana’s statewide mask mandate, to January 13, 2021, as hospitalizations have exceeded the level reached during the second surge in July. Louisiana’s COVID-19 restrictions include:

• All Louisianans are encouraged to avoid gatherings of individuals not part of their households.
• All businesses, private and public sectors, are encouraged to use remote work where they can.
• All restaurants are limited to 50% of their indoor capacity. Restaurants should move as much dining outdoors as they can. Social distancing is required.
• For bars in parishes above 5% positivity, bars are closed to indoor sales and consumption but open for outdoor consumption at tables only and at 25% capacity, with a maximum of 50 people. Social distancing is required. Take-out and delivery will still be available.
• Retail businesses may open at 50% capacity, except for essential businesses, as defined by federal guidance from the Cybersecurity and Infrastructure Security Agency.
• Gyms may be open at 50% of their capacity.
• Places of worship will remain at a maximum of 75% of their capacity or the number of people who can physically distance with at least six feet between each immediate household, whichever is less.
• Barber and beauty shops, and nail salons may open at 50% of their capacity.
• Movie theaters may open at 50% of their capacity.
• Indoor gatherings at event/receptions centers are limited to 25% capacity or up to 75 individuals.
• Outdoor gatherings at event/reception centers are limited to 25% capacity or up to 150 individuals when strict physical distancing is not possible.
• All sporting events will be capped at 25% capacity.

For complete guidance on the new Phase 2, visit the Open Safely portal at opensafely.la.gov.

The Governor also declared an emergency for the elections in February, March and April of next year, per a request from the Secretary of State.

North Carolina:

On December 22, Governor Roy Cooper highlighted updates on North Carolina’s distribution of two COVID-19 vaccines. The state expects to receive approximately 60,000 doses of the Pfizer vaccine and 176,000 doses of the Moderna vaccine. The Moderna vaccine does not require ultra-cold storage and is slated to go to 59 hospitals and 97 local health department sites.

Governor Cooper and health officials warned against traveling and large gatherings ahead of the Christmas and New Year’s holidays. The Governor also reminded people that the statewide mask mandate and Modified Stay at Home Order requiring people to be home between 10 p.m. and 5 a.m. will still be in effect through the holidays until at least January 8, 2021

On December 21, Governor Roy Cooper signed an Executive Order authorizing the North Carolina ABC Commission to permit the delivery or carry-out of mixed beverages as an alternative to on-site consumption. This Order is effective December 21, 2020 at 5:00 p.m. through January 31, 2021.

Under this Order, establishments holding certain permits from the ABC Commission, including restaurants, hotels, private clubs, private bars, and some distilleries, are allowed to sell mixed beverages to-go or for delivery. These businesses, delivery service providers that contract with these businesses, and purchasers of mixed beverages to-go must follow the restrictions in the Order and any additional restrictions and guidance established by the ABC Commission.

The Modified Stay at Home Order remains in effect and the sale of alcohol for on-site consumption must still cease at 9 p.m. Businesses subject to the Order may continue to sell mixed beverages for off-site consumption until their business closes and in accordance with other applicable laws and regulations.

Ohio:

On December 21, the U.S. Department of Health and Human Services announced that the Ohio National Guard received a waiver that will allow them to help administer the COVID-19 vaccine. The waiver gives the Ohio National Guard the flexibility to fully utilize National Guard medical personnel trained in administering the vaccine.

The Ohio National Guard has approximately 600 members who are medical personnel, including physicians, nurse practitioners, physician assistants, nurses, and medics. Ohio is working to determine how it will best utilize Guard medical personnel without adversely affecting Ohio health care systems’ critical medical resources by removing Guard members from their civilian medical positions.

Oregon:

In a special session of the Oregon legislature called by Governor Brown, Oregon lawmakers passed four separate bills designed to help Oregonians struggling during the COVID-19 pandemic. In total, over $800 million was set aside for COVID-19 and wildfire relief funding going forward. This included $50 million for rental relief and $150 million to help support landlords who have not been receiving rent during the pandemic. Landlords seeking to take advantage of this fund will have 80% of their tenants’ rents covered, but will have to forgive the other 20%. Also included were a six-month extension of Oregon’s eviction moratorium, the removal of the restriction preventing restaurants from selling cocktails and glasses of wine to go, and limits on fees third-party delivery apps (such as Postmates or UberEats) may charge restaurants.

Rhode Island:

Governor Raimondo issued Executive Order 20-109 on December 22, 2020 that extends the following executive orders until January 20, 2021:

• Executive Order 20-02 (Declaration of Disaster Emergency).
• Executive Order 20-29 (Twenty-Sixth Supplemental Emergency Declaration - Promoting Better Coordination of Health Care Coverage).
• Executive Order 20-39 (Thirty-Sixth Supplemental Emergency Declaration - Authorizing adjustments to Child Care Subsidies and Reimbursement Rates).
• Executive Order 20-68 (Sixty-Third Supplemental Emergency Declaration - Setting the Minimum Weekly Base Rate for Unemployment Insurance).

Tennessee:

On December 20, Governor Lee signed Executive Order 70 placing additional restrictions on indoor public gatherings, including sporting events. Executive Order 70 limits indoor public gatherings to 10 people. Additionally, Order 70 limits the permitted attendees at practices and games to:

• Players’ parents or guardians and immediate household members;
• First Responders;
• Coaching and team personnel;
• School, game, and facility administrators;
• Athletics officials; and
• Media and athletic scouting personnel attending the event in their professional capacity.

Social distancing between persons from different households is required. Further information regarding sporting events can be found on the Tennessee Secondary School Athletic Association’s website. Executive Order 70 is effective immediately and will remain in effect through January 19, 2021.

Virginia:

On December 22, 2020, Governor Northam announced temporary changes to Virginia’s Unemployment Insurance (UI) program that will support the state’s workers and businesses who have been affected by the COVID-19 pandemic. Executive Order 74 requires the Virginia Employment Commission (VEC) to mitigate a potential rise in the UI experience rating tax for businesses by holding them harmless for the lay-offs that occurred during the pandemic. The temporary change will protect Virginia businesses from having to pay an additional $200 million to replenish the UI Trust Fund. Governor Northam has also directed the VEC to begin automatically distributing UI benefits to unemployed Virginians who have been held in the agency’s determination process.

Governor Northam’s actions come as Virginia’s unemployment system has been severely strained during the pandemic. Approximately 1.4 million people have filed for unemployment benefits in 2020.

UI Employer Tax Rates for 2021 are assigned by the previous calendar year from July 1, 2019 to June 30, 2020. Employers’ Base Tax Rate is dependent on their account history and circumstances. In recalculating the tax rate for 2021, Executive Order 74 requires that the VEC not penalize businesses for lay-offs that occurred during the pandemic from April through June 2020. This will prevent Virginia’s businesses from having to devote critical resources to higher state payroll taxes.

December 21, 2020

Connecticut:

On December 18, Governor Lamont has issued Executive Order 9S, which clarifies the state’s travel restrictions and exemptions.

The orders now say that, effective December 19, those traveling to Connecticut from anywhere other than New York, New Jersey or Rhode Island must quarantine for 10 days when arriving in the state. Previously, the quarantine applied to every state in the United States except for New York, New Jersey and Rhode Island, but did not concern international travel.

There are now three exceptions to the quarantine rule. Travelers who meet any of the following criteria are exempt from the requirements of the order:

• Travelers who have tested negative for COVID-19 within 72 hours prior to, or after, arrival in Connecticut.
• Travelers who are classified as essential workers and are traveling to the state for work-related reasons.
• Travelers who tested positive for COVID-19 in the last 90 days and have clinically recovered or have not had symptoms for 10 days after the onset of initial symptoms. If the traveler tested positive, but had no symptoms for 10 days afterward, they may be exempted by submitting their test result to the Commissioner of the Department of Public Health.

Delaware:

On December 21, Governor Carney and the Delaware Division of Small business announced a new round of relief funding that will provide $26 million to support small businesses. This new funding will provide a bonus of 20% to DE Relief Grant recipients, and hospitality business will receive an additional 30% bonus, which means bonuses equal to 50% of the value of the original grant.

The Governor and the Delaware Department of state also announced $10 million in relief funding for Delaware arts organizations. Relief for not-for-profit arts organizations will cover 35% of the organizations’ 2019 operating expenses, up to $300,000.

District of Columbia:

On December 18, Mayor Bowser issued an order restricting certain activities to reduce the spread of COVID-19. Under the order, restaurants are prohibited from hosting indoor dining. Also, under the order, museums and libraries must close and libraries can only operate on a pick-up and drop-off basis. The Department of Parks and Recreation is only allowed to offer reservations for individual swim and fitness room sessions. The order also orders that food sellers and big box stores selling essential and non-essential goods are not subject to the 250 persons or 25% cap imposed by Mayor’s Order 126.

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through December 25, 2020. Palm Beach County Administrator, Verdenia Baker, issued Emergency Order No. 31, which extends Emergency Order 2020-012 (requiring the use of facial coverings in all businesses, establishments, and public spaces), until 12:01 a.m. on January 20, 2021

(Palm Beach County): Mayor Daniella Levine Cava issued Amendment No. 4 to Emergency Order 27-20, to state the curfew will not be in effect from 11:59 p.m. on December 24, through 1:00 a.m. on December 25, and from 11:59 p.m. on December 31 through 1:00 a.m. on January 1, 2021.

Hawaii:

Governor Ige issued a Seventeenth Proclamation related to the COVID-19 Emergency, which requires counties to enforce the statewide mask mandate. The order, effective December 17, reduces the number of days for the self-quarantine period for travelers to the state and for inter-county travelers, from 14 days from, the date of entry, to 10 days from the day of entry. Persons who previously tested positive for COVID-19, but who are no longer at risk of infecting others may obtain an exemption that allows them to break quarantine, based on conditions established by the Department of Health. Those who qualify for the exemption, shall also be exempt from any intercounty quarantine for 10 days following their arrival in the state. Businesses or operations are no required to recognize the exemption from the travel self-quarantine period, regardless of any exemption from the state. The Proclamation extends the disaster emergency relief period through February 14, 2021, unless otherwise terminated or superseded.

Louisiana:

On December 20, the Louisiana Department of Health announced it will receive 79,500 doses of the newly authorized Moderna COVID-19 vaccine this week, triggering a new phase of a distribution plan that will benefit nursing homes, hospitals and first responders. Of the 79,500 doses of Moderna's vaccine that will be distributed statewide this week, 35,900 will go to nursing homes and long-term care facilities, state officials said. The remaining 43,600 doses go to Louisiana hospitals, emergency medical services personnel and firefighters.

State officials announced the arrival of the vaccines Sunday, a week after Louisiana received 39,000 doses of the Pfizer vaccine and two days after the Food and Drug Administration gave emergency clearance to Moderna's version. Pfizer is still set to deliver another 28,275 doses of its version to hospitals this week. And health care workers who have already been vaccinated once will need their necessary second doses in the next two or three weeks, part of a winding process that isn't likely to make a dent in case numbers for several months.

The general population is not due to begin receiving the vaccine until mid-2021, by most estimates.

Maryland:

On December 17, Governor Hogan issued an order authorizing the Secretary of Health to issue orders requiring persons entering Maryland to quarantine and/or undergo testing for COVID-19 as the Secretary deems medically necessary and reasonable for the purpose of monitoring the spread of COVID-19. The order further provides that if the Secretary determines that doing so would not pose an unreasonable risk of exacerbating the spread of COVID-19, the Secretary may exempt one or more groups of persons from any such travel order.

On December 17, Governor Hogan issued an order affecting repossessions, foreclosures and evictions during the COVID-19 state of emergency. The order suspends certain repossessions for any Chattel Home (which includes mobile homes, trailers, and boat houses) by self-help until the state of emergency is terminated and the catastrophic health emergency is rescinded. Under the order, residential and commercial evictions are suspended until the termination of the COVID-19 state of emergency if tenants can demonstrate Substantial Loss of Income (as defined in the order). The order also suspends residential foreclosure sales for federal mortgage loans during the COVID-19 state of emergency unless the loan servicer has sent written notice to the borrower stating the borrower’s right to request a forbearance on the Federal Mortgage Loan under the CARES Act and the Servicer has complied with all of its obligations with respect to the Federal Mortgage Loan owed to the Borrower under the CARES Act and the Order. With respect to residential properties secured by non-federal mortgage loans, the order requires (among other things) that 30 days prior to sending a notice of foreclosure pursuant to RP 7-105.1(c), the Servicer has sent a written notice to Borrower that if the Borrower is experiencing a financial hardship due, directly or indirectly, to the COVID-19 emergency, the Borrower may, for a period of 90 days after the date of such notice, request a forbearance on the Non-Federal Mortgage Loan, regardless of delinquency status, for a period of up to 180 days, which may be extended for an additional period of up to 180 days at the request of the Borrower (if such request is made during the initial 180 day forbearance period); provided that, at the Borrower’s request, either the initial or the extended period of forbearance may be shortened. If the Borrower requests such forbearance, the Servicer must provide the same without requiring the Borrower to provide additional documentation other than Borrower’s attestation to a financial hardship caused by COVID-19. Under the order, until January 31, 2021, the Commissioner of Financial Regulation will suspend operation of the Notice of Intent to Foreclose Electronic System and to discontinue acceptance of Notices of Intent to Foreclose.

Michigan:

Director Gordon and the Michigan Department of Health and Human Services (MDHHS) updated the epidemic order that was set to expire on December 20, 2020. The new order, which goes into effect on Monday, December 21 and will last until Friday, January 15, allows additional indoor activities where Michiganders can remain masked, including in-person learning at high schools and indoor entertainment venues. Casinos, bowling centers and movie theatres will be allowed to reopen with total capacity capped at 100; food and drink concessions closed; and social distancing requirements in place. The key highlights of the new order are as follows:

1. Indoor residential gatherings remain limited to 10 people and two households. MDHHS continues to urge families to avoid indoor gatherings or to pick a single other household to interact with consistent with guidance already released by the department. Families are encouraged to stay home this holiday season to maintain the positive momentum that has developed and to protect loved ones. Families are also encouraged to Mask Up, Mask Right, using new guidance for what masks to wear and how to wear them.
2. The epidemic order continues to temporarily pause indoor dining in bars and restaurants, but they can continue to offer outdoor dining, carry-out, and delivery. Colleges and universities will be able to have students return to campus for the winter semester, with a voluntary commitment to wait until January 18 to restart in-person courses.
3. Gyms remain open for individual exercise with strict safety measures in place. Outdoor group fitness and outdoor non-contact sports will again be allowed, including running, downhill and cross-country skiing.
4. Under this new order, reopened indoor entertainment venues will not be required to collect names and contact information. With the amount of community spread that currently exists across the state and the heavy burden on contact tracing teams to keep up with these cases, it has become too challenging to meaningfully use this data for timely follow up. As case counts fall and contact tracing becomes able to keep up with the volume again, MDHHS expects to reinstate this information-gathering requirement.
5. As before, employees who work in jobs that cannot be performed from home can continue to go to work, while employees who can work from home should continue to do so. Individualized activities with distancing and face masks are still allowed: retail shopping; public transit; restaurant takeout; personal-care services such as haircuts, by appointment; and individualized exercise at a gym, with extra spacing between machines.

Missouri:

(Boone County): Boone County issued Order No. 2020-17C, which takes effect at 12:00 a.m. on December 22, 2020, rescinding all previous orders, and remains in effect until January 19, 2021, at 11:59 p.m. Under this new order:

• Businesses must continue to adhere to social distancing and regular disinfecting,
• Gatherings held at a business open to the public must be limited to 50% of their capacity, or a maximum of 100 people,
• Restaurants and bars that serve alcohol must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
• Restaurants that don’t serve alcohol are not required to close at 10:30 p.m.,
• All restaurants and bars are permitted to operate without occupancy limits provided that:
  • Groups are limited to 10 persons,
  • Social distancing between tables is observed,
  • Standing bars or buffets are not utilized,
  • Customers must wear a mask when not seated, and
  • Customers must remain seated when not entering, exiting, or vising the restroom,
• Entertainment venues must:
  • Limit their capacity to 100 people,
  • Food and beverages must be consumed while seated,
  • Tables must be limited to 10 persons per table,
  • Social distancing between tables must be maintained,
  • Patrons must wear a mask when not seated, and
  • Close by 10:30 p.m.
• Childcare services must:
  • Maintain stable groups, no changing from one group to another,
  • Keep groups separate and in different rooms,
  • Keep the same provider with the same group of children, and
  • Limit groups to 50 children.
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

(City of Columbia): The City of Columbia issued Order No. 2020-17 extending phase two, step three, of its reopening plans until January 19, 2021, at 11:59 p.m., under Order No. 2020-11. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Childcare services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

New Jersey:

Governor Murphy signed Executive Order No. 210 extending the Public Health Emergency for another thirty (30) days.

New York:

On December 21, Governor Cuomo announced that British Airways, Delta Airlines and Virgin Atlantic have voluntarily agreed to require a COVID-19 test before allowing passengers to board planes traveling from the United Kingdom to New York. This voluntary move by the airlines is in response to a highly contagious variant of the COVID-19 virus found in the UK.

Governor Cuomo also announced he signed Executive Order 202.83 providing additional support for vulnerable homeowners and the restaurant industry. The Order allows for local governments to continue to provide property tax exemptions and lift the in-person renewal requirement for low-income senior citizens and persons with disabilities who own property through 2021. Further, the sales tax deadline for restaurants, in areas affected by COVID-19, will be extended until March.

(New York City): On December 18, Mayor de Blasio signed Executive Order 168 extending the State of Emergency declaration in New York City until December 23.

Ohio:

On December 21, Governor DeWine announced the newly-authorized Moderna vaccine began arriving in Ohio on Monday. Governor DeWine said he expects 201,900 doses to be delivered by Christmas. Ohio expected to receive 123,000 doses of the Pfizer-BioNTech vaccine this week, but officials were told Ohio would receive 70,200 – about 43% fewer.

The governor also announced that the Ohio National Guard received a waiver that means they can help in the administration of the vaccine.

Further, CVS Health says it will be vaccinating people who live at nursing homes and long-term care facilities for coronavirus across the country, including 1400 locations in Ohio, starting today. CVS says that has the potential to give 200,000 people in Ohio access to the vaccine. CVS was selected by the Department of Health and Human Services earlier this month to administer the vaccinations. CVS Health says it will eventually provide the vaccines to the general public.

Oregon:

On December 17, Governor Brown extended her COVID-19 Declaration of a State Emergency until at least March 3, 2021. The order, which was originally issued on March 8, 2020, had been set to expire January 2, 2021, and provides the legal basis for Governor Brown’s issuance of executive orders and health and safety guidance during the ongoing pandemic.

On December 18, the Oregon Health Authority issued its vaccine sequencing plan for the initial phase, Phase 1a, of COVID-19 vaccine administration. The Plan prioritizes health care personnel, particularly those who have direct or indirect exposure to patients or infectious materials, and residents of long-term care facilities.

Rhode Island:

Governor Raimondo issued Executive Order 20-106 on December 16, 2020 that extends Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration – Increasing State COVID-19 Response Capacity) until January 14, 2021.

Governor Raimondo issued Executive Order 20-108 on December 17, 2020 that seems to slightly revise the restrictions created by the “Rhode Island Pause” as follows until January 19, 2021:

• All Rhode Island residents are advised to stay home from 10:00 p.m. to 5:00 a.m. Sunday through Thursday and from 10:30 p.m. until 5:00 a.m. on Fridays and Saturdays unless traveling to and from work or school, traveling to obtain medical treatment, or to obtain necessities.
• International travel restrictions stay in place as well as the domestic travel restrictions placed on areas with high community spread rates.
• Only members of a single household can gather in indoor and outdoor public and private social gathering places, including for holiday parties, parties and celebrations. Indoor weddings with licensed catering may have up to 15 people, and outdoor weddings can have up to 50 people.
• Indoor and outdoor venues of assembly may operate at 25% capacity.
• Religious and faith-based organizations may conduct indoor and outdoor in-person activities up to 25% of capacity (cap at 125 people).
• The vulnerable population (65 years old and up) is strongly advised to remain home.
• Retail businesses may allow 1 customer inside per 100 square feet, unless the retail business has more than 30,000 square feet, then only 1 customer may enter per 150 square feet. Stores and other places of business with more than 30,000 square feet must make masks available to customers.
• The rules pertaining to indoor and outdoor dining and alcohol sales for restaurants and bars has not changed since the amended and restated Phase III Re-Opening. Restaurants may continue to sell liquor for carry-out and may continue limited indoor and outdoor dining options as outlined in the guidance issued by the Department of Health. Alcoholic beverages may not be served for on-premises consumption after 10:00 p.m. Sunday through Thursday or after 10:30 p.m. Friday and Saturday.
• All indoor recreational or entertainment businesses and historical/cultural establishments that are not venues of assembly shall be closed during the “pause.” Outdoor recreational/entertainment businesses may remain open.
• Nightclubs must remain closed.
• Personal service businesses may stay open subject to the Phase III guidelines.
• Gyms and fitness centers (indoor) may reopen with one person per 150 square feet with individuals remaining 14 feet apart inside and shall not operate after 10pm Sunday through Thursday or after 10:30 p.m. Friday and Saturday.
• Indoor sporting facilities may operate with 1 person per 150 square feet. But, competitions, games and practices shall be prohibited.

Washington:

On December 18, Governor Inslee issued a proclamation delaying the implementation of a law that restricted the use of single-use plastic bags until at least January 31, 2021. The proclamation delays the ban on single-use bans due to issues caused by COVID-19 in the supply chain of plastic bag producers and retailers asking customers not to bring in reusable cloth or other material bags in order to avoid common touch points.

West Virginia:

On December 21, Governor Justice announced that 15,885 vaccines have been delivered to distribution points across the state, including to hospitals, long-term care facilities, and local health departments. Governor Justice reported that over 11,000 vaccines have been administered and that the state is ordering additional doses. Approximately 5,450 of the individuals who have been vaccinated thus far include residents and employees of 42 long-term care facilities.

December 17, 2020

Connecticut:

On December 17, 2020, Gov. Ned Lamont issued Executive Order 9R, which provides COVID-19-related suspension of normal tax collection deadlines and additional measures regarding assessor certification program requirements and alcohol sales by caterers. Under the order:

• Provides an extension of a deferment and low-interest rate program for all municipal tax payments due and payable on January 1, 2021. Under the deferment program, taxpayers, businesses, nonprofits and residents who attest to adverse impacts as a result of COVID-19 are granted a grace period on tax payments through April 1, 2021. Under the low-interest rate program, any taxes not paid will be subject to an interest rate of three percent through March 31, 2021. After that date, normal penalties and interest rates on unpaid municipal taxes will apply.
• The annual assessor certification program is suspended for the remaining duration of the public health emergency.
• Caterers will be allowed to sell closed-containers of alcoholic beverages, including mixed drinks, for use at off-site premise private and special events, including remote events.

On December 17, Gov. Lamont also informed municipalities that he’d be increasing COVID-19 aid funding from the Coronavirus Relief Fund. The state Office of Policy and Management will be moving another $45.5 million to reimburse municipalities for COVID-19 expenses. The town-by-town allocation of funds is located here.

District of Columbia:

On December 16, Mayor Bowser issued Mayor’s Order 2020-126 modifying Phase Two limits on large gatherings and confirming 25% occupancy caps for constitutionally protected, recreational and commercial activity. The Order will take effect at 12:01 AM on Thursday, December 17. Under the order, houses of worship, gyms, recreational facilities, retail food sellers, and restaurants may admit no more than 25% of their capacity or 250 persons, whichever is less. The Order also modifies past orders to reduce the allowable for libraries from 50% to 25% or 200 persons, whichever is less. The order also provides that the capacity of any outdoor event related to real estate, construction and development is limited to not more than 25 persons, and indoors, no more than 10 persons who are not actively participating in construction may be in the same room at the same time.

Florida:

(Miami-Dade County): Mayor Daniella Levine Cava issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on December 17, 2020. The Order was accompanied by an affidavit justifying the extension.

Kansas:

On December 16, Governor Laura Kelly announced when the COVID-19 vaccine is expected to become available for population groups across the state. The framework begins this winter with high-risk Kansans such as health care personnel and long-term care facility staff and residents, eventually reaching the general public in the summer of 2021. An outline of the expected availability is as follows:

• The COVID-19 vaccine will be available in the winter, on a very limited basis, for health care personnel, long term care facility staff, long term care residents, and EMS/frontline public health workers;
• The vaccine will become available in late winter, on a limited basis, for first responders, some public facing workers in essential and critical infrastructure, teachers, school staff, child care workers, and individuals at high risk for adverse health consequences;
• The vaccine will become available in the spring, at an increased availability, for all other adults;
• And finally, the vaccine will become generally available in the summer for all Kansans, including children.

Adherence to this expected framework will be dependent on receipt of COVID-19 vaccine doses from the companies distributing them.

Washington:

Governor Inslee announced updated school guidance for in-person instruction on December 16, 2020. The guidance is based on case rates on a county-by-county basis. In counties with “low” COVID-19 case activity, defined as <50 cases/100K residents over the last 14 days, in-person learning should be available for all students. In counties with moderate COVID-19 case activity, defined as between 50 and 350 cases/100K residents over the last 14 days, in-person learning should be phased in while prioritizing elementary education. Finally, in counties with high case counts, defined as over 350 cases per 100K residents over the last 14 days, in-person learning should be phased in with groups of 15 or fewer students for elementary students, particularly pre-K through grade 3. The state also set aside $3 million to help implement these health and safety protocols.

December 16, 2020

Alabama:

On December 11, Governor Kay Ivey issued an emergency proclamation that allows exempts recipients of CARES Act funds from paying state taxes on those benefits. It also extends certain tax credits created by the state of Alabama.

The proclamation states that any “tax credits, advance refund amounts, or other direct benefits,” a taxpayer receives under the CARES Act, including amounts of debt forgiveness under section 1106 of the CARES Act, are excluded from Alabama income tax and all calculations for determining deduction of federal income tax for Alabama’s income taxes. Furthermore, the debt forgiveness amounts are excluded from calculation of financial institution excise taxes to the same extent they are exempted from federal income taxes by provisions of the CARES Act. Loan forgiveness will still be considered by the state in determining the deductibility of expenses paid with the CARES Act funds.

The proclamation also extends availability of the Alabama Jobs Act tax credits and Growing Alabama tax credits until the state legislature votes to extend them or the last day of the next regular session of the Legislature. The Alabama Jobs Act tax credits were initially set to sunset on December 31, 2020, while the Growing Alabama tax credits already expired at the end of September 2020. The Alabama Jobs credits incentivize companies to hire employees for construction projects and the Growing Alabama credits incentivize taxpayers to finance local and state economic development programs.

Iowa:

On December 16, Governor Reynolds signed a Proclamation of Disaster Emergency continuing the public health disaster emergency and amending the existing health measures.

The following measures are effective December 17, 2020 at 12:01 a.m. through January 8, 2021 at 11:59 p.m.:

• All participants at social, community, business, or leisure gatherings or events, including wedding and funeral receptions, festivals, conventions, fundraisers, and other nonessential gatherings of more than 10 people must maintain at least six feet of physical distance between each group of individual attending alone and the gathering organizer 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
• Revised the restrictions applicable to sporting and recreational gatherings to allow for more than 2 spectators for each athlete, performer, competitor, staff member, and other organizer staff that participates in the gathering if the spectators are all from the same household
• Lifts some of the operating hours restrictions and prohibitions against private gatherings applicable to restaurants and other social events or other gatherings
• Lifts the restriction requiring that the total number of medical/surgical and observational beds used for an in-patient nonessential surgery or procedure not exceed 75% of the number of such beds that were used on average during the month of September 2020

All other restrictions not affected by this Proclamation remain in place and are effective through January 8, 2021 at 11:59 p.m.

Kentucky:

On December 16, Governor Beshear announced all 11 health facilities identified to receive initial shipments of the Pfizer COVID-19 vaccines have confirmed receipt.

Also, on December 13, Governor Andy Beshear announced the initial shipment of the two-dose Pfizer-BioNTech COVID-19 vaccines has arrived in Kentucky, delivered to Louisville’s UPS Worldport. As shipments continue, Kentucky is expected to received exactly 12,675 vaccine vials that will soon make their way to 11 regional and ready hospitals in Louisville, Paducah, Bowling Green, Madisonville, Pikeville, Corbin, Lexington and Edgewood and an additional 25,350 are being delivered to CVS and Walgreens, destined for long-term care facilities in our commonwealth. Approval is also expected any day for the highly effective Moderna vaccine. This month alone, Kentucky could receive 150,000 doses of vaccine.

In the initial rounds, local hospitals, as well as long-term care facilities, which have not yet been announced, will be following guidance issued by the Advisory Committee on Immunization Practices (ACIP), which advises the Centers for Disease Control and Prevention. ACIP is prioritizing vaccinations among health care staff members who have been our only line of defense treating patients and long-term care residents and staff who have been at high risk and greatly affected by the spread of the virus.

The immediate goal is reducing COVID-19 deaths. With 66% of the deaths coming from long-term care facilities, vaccines could help significantly decrease Kentucky’s COVID-19 death toll beginning in January. Also, because long-term care residents tend to require the most care, vaccinations in these facilities will help reduce COVID-19’s burden on Kentucky’s health care system.

Minnesota:

On December 16, Governor Walz issued Executive Order 20-103, effective as of 11:59 p.m. on December 18, 2020. Order 20-103 modifies and extends Emergency Order 20-99 an notes individuals and businesses must continue to comply with Order 20-99 except as modified in Order 20-103. These modifications include the following:

• Paragraph 6.a is modified to state that indoor social gathering are strongly discouraged, however permitted if they involve not more than two households and a maximum of 10 people that maintain 6 feet of separation and adhere to additional precautions for social gatherings. Outdoor gatherings are permitted if they involve not more than three households and a maximum of 15 people and adhere to the additional precautions for social gatherings.

• Paragraph 6.b is modified to state that outdoor recreational activities do not include rallies spectator entertainment events, fairs, festivals, concerts, or other similar outdoor organized events, which are governed by Paragraph 7.c.viii (if held in a venue) or Paragraph 6.a (if not held in a venue). Organized Youth and Adult Sports activities continue to be limited and are governed by the requirements in paragraphs 7.g. and 7.h.

• Paragraph 6.3 is modified to remove the self-quarantine recommendation when returning from other states or countries.

• Paragraph 7.c.iii is modified to state that Places of Public Accommodation, which would otherwise be ordered closed, may stay open if they have been repurposed to exclusively provide services permitted under paragraph 7.c.ii.

• Paragraph 7.c is modified to state that Restaurants, cafes, bars, and other establishments that offer food and beverage for on-premises consumption may provide outdoor service if they adhere to the applicable Industry Specific guidance. However, all establishments must adhere to the following requirements:

• Physical distancing of at least six feet is maintained between parties at different tables and may not exceed 50 percent capacity, with a maximum of 100 people. Establishments must ensure that no more than four customers are seated at one table.
• All establishments must close and remain closed each day for outdoor on-premises consumption between the hours of 10:00 p.m. and 4:00 a.m. but the Order does not limit or discourage delivery, service, window service, walk-up service, or drive-up service. In the event of inclement weather, customers may move indoors to package food and pay bills but must exit quickly.

• Additionally, Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor climbing facilities, indoor and outdoor exercise facilities, martial arts facilities, and dance and exercise studios may be open for individual exercise, however, must follow the following requirements:

• Occupancy of any indoor space and the entire facility must not exceed 25 percent of the normal occupant capacity and not to exceed 100 people in the entire facility.
• Physical distancing of at least 12 feet is maintained in any area that one or more persons are exercising. Physical distancing of at least six feet must be maintained in all other situations.
• Face coverings must be worn by all persons at all times.

• Venues providing outdoor events and entertainment such as racetracks, paintball, go-karts, mini-golf, performance venues, festivals, fairs, vendor fairs, and amusement parks may be open in accordance with the applicable guidance available and the following requirements:

• All venues must ensure that physical distancing of at least six feet is maintained between participants from different households. Venues may not exceed 25 percent capacity, with a maximum of 100 people.
• Any venue that offers food or beverages for on-premises consumption or that permits food or beverages to be consumed on premises must not offer food and beverage service each day between the hours of 10:00 p.m. and 4:00 a.m. and must prohibit on-premises food and beverage consumption each day between the hours of 10:00 p.m. and 4:00 a.m.
• Venues are encouraged to offer “drive-in” or “drive-through” experiences, provided that all participants remain within their own vehicles and follow the applicable guidance available and are not subject to the capacity limits set forth above.

• Paragraph 7.g/h is modified to state from December 18, 2020 at 11:59 p.m. through January 3, 2021 at 11:59 p.m., youth programs bay continue to provide care or supervision in accordance with COVID-19 Prevention Guidance for Youth and Student Programs and development and implementation of a COVID-19 Preparedness Plan in accordance with applicable guidance for adult sports.

New York:

Governor Cuomo announced that New York will advance $1.5 billion to organizations that need cash flow until February or March 2021, as New York awaits federal stimulus package for help to state and local governments.

Ohio:

On December 15, Governor DeWine and Lt. Governor Jon Husted announced that seven hospitals in Ohio received their first vaccine shipments today, bringing the total number of vaccine doses delivered to Ohio over the past two days to 98,475. Although vaccine supplies are currently limited, the U.S. Department of Health and Human Services has advised that Ohio will continue to receive vaccinations throughout the month of December. Next week, Ohio is expected to receive 123,000 doses of the Pfizer vaccine, as well as 201,900 doses of the Moderna vaccine. During the week of New Year’s, Ohio is expected to receive an additional 148,000 Pfizer vaccines and an additional 89,000 doses of the Moderna vaccine.

Next week, local health departments in Ohio that registered as providers are expected to begin receiving vaccines. Today, Governor DeWine outlined guidance on individuals who should be prioritized by health departments during Phase 1A.

Local health departments should coordinate the vaccinations of congregate care residents and staff, such as those at nursing homes and assisted living facilities, who are not enrolled in the federal long-term care pharmacy programs or are not registered as providers themselves. This includes people with developmental disabilities and those with mental health disorders, including substance use disorders, who live in group homes, residential facilities, or centers, as well as staff.

In addition, local health departments should prioritize vaccinating other healthcare providers who are not being vaccinated by hospitals and health systems and are not enrolled as providers themselves. These providers could include:

• Home health workers
• Hospice workers
• Emergency medical services responders
• Primary care practitioners
• Free-standing emergency department, urgent care, pharmacy, and dialysis center providers not vaccinated by hospitals or healthcare systems
• Dental providers
• Public health employees who are at risk of exposure or transmission, such as vaccinators
• Mobile unit practitioners
• Federally-qualified health center providers
• High-risk ancillary health care staff members

West Virginia:

On December 16, 2020, Governor Justice announced that West Virginia has vaccinated 2,000 residents and staff members at various long-term care facilities across the state. West Virginia has partnered with Walgreens, CVS, and the state’s not chain-affiliated pharmacies to administer the COVID-19 vaccine.

Governor Justice also provided more details on the state’s plan for Phase 2 distribution of the vaccine. Phase 2 vaccine distribution includes the general populace and current estimates show that Phase 2 may begin as early as March 2021. Phase 2 is broken down into three subsections:

• Phase 2-A: Includes those most vulnerable in the general population. Initial emphasis will be placed on individuals over 60, beginning with the oldest and working backwards. From there, priority will be placed on those over age 50 with preexisting health problems with a note from a physician.
• Phase 2-B: Includes those other health care and critical care workers who did not receive the vaccine in Phase 1-C and Phase 1-D, prioritizing those aged 50 or older first.
• Phase 2-C: At this point, all West Virginians who want a vaccine will be able to receive one.

Governor Justice also announced that he and members of the state’s pandemic response leadership team also received the vaccine.

December 15, 2020

Kansas:

On December 14, Governor Laura Kelly announced that the Pfizer COVID-19 Vaccine began arriving in Kansas this morning. The vaccine has been received in several ultra-cold storage locations across the state, with delivery anticipated to continue through tomorrow. A total of about 24,000 doses is expected. From the ultra-cold storage facilities, the vaccines will be going to secondary sites – hospitals – later this week. These vaccines will be for at-risk healthcare providers as identified by these hospitals.

Nevada:

On December 14, Governor Sisolak issued Emergency Directive 036, effective December 15, 2020 at 12:01 a.m. through March 31, 2021 at 11:59 p.m., which implements a moratorium on residential evictions in Nevada due to a tenant’s failure to pay rent or refusal to vacate the property after the expiration or termination of the lease agreement.

The moratorium protects tenants who (i) have lost substantial income, compensable hours of work, or wages, or suffered a layoff or extraordinary out of pocket medical expenses due to the COVID-19 pandemic and are unable to pay their full rent due; (ii) are likely to become homeless or forced to move into a congregate shared living situation if evicted; and (iii) expect to receive no more than $99,000 in income for calendar year 2020 (or no more than $198,000 if filing jointly), were not required to report any income to the IRS in 2019, or received a stimulus check under the CARES Act.

Eligible tenants may seek the protections afforded under the Directive by providing their landlord with an affidavit or declaration swearing under penalty of perjury that the tenant meets the foregoing criteria. This requirement may also be satisfied by CDC declarations previously provided. Any pending detainer or eviction actions against a tenant who meets these criteria shall be stayed until the expiration of the Directive if the tenant provides the court with proof that the tenant has provided the landlord with the required affidavit or declaration. A landlord may challenge a tenant’s ability to qualify for the protections if the landlord provides proof that the tenant does not meet one or more of the eligibility criteria. Additionally, a landlord may seek an exemption from the eviction moratorium under the Directive by providing the statutorily required notice of eviction along with a notice to the tenant that the landlord is seeking an exemption due to foreclosure. State guidance on the new Directive can be found here.

Additionally, on December 15, 2020, the Nevada Health Response issued updated COVID-19 safety guidance for places of worship, which can be found here.

New York:

On December 13, Governor Cuomo signed Executive Order No. 202.82 allowing individuals in a medical, nursing, physician, pharmacy, dentistry, podiatric medicine and midwifery programs to, under the supervision of a licensed physician, physician assistant or certified nurse, administer vaccinations against the influenza and COVID-19 until January 12, 2021. More details about the specific restrictions can be found here.

On December 11, Governor Cuomo announced the second phase of New York Empire State Digital initiative to support New York restaurants and the food service industry affected by COVID-19. Through April 2021, e-commerce company Ritual will offer its commission-free digital platform Ritual ONE to New York’s restaurants and food service businesses at no cost, for pickup and delivery. Additionally, PayPal has committed $1 million towards discounted purchases for customers of participating businesses on Ritual ONE.

Additionally, on December 11, Governor Cuomo announced all indoor dining in New York City will be closed starting Monday December 14. Gyms and salons throughout the state will be allowed to stay open, with limited capacity requirements. Hospitals will be required to have a 25% increase in staffed beds and remain under 85% capacity, by either adding beds, reducing elective surgeries, or both.

(New York City): On December 13, Mayor de Blasio signed Executive Order 167 extending the State of Emergency declaration in New York City until December 18.

(Buffalo): On December 14, Mayor Brown announced that gyms and salons are permitted to reopen in Buffalo. The gyms and salons will be limited to a capacity of 25% for gyms and 50% for salons and barbershops.

Ohio:

On December 14, Governor DeWine announced that the first COVID-19 vaccinations have been administered in Ohio. Shipments of 975 doses were delivered this morning to both The Ohio State University Wexner Medical Center in Columbus and UC Health in Cincinnati. Several healthcare workers and personnel who are routinely involved with the care of COVID-19 patients immediately received vaccinations.

Vaccine shipments will be delivered to eight additional hospitals in Ohio on December 15:

• Mercy Health St. Vincent Hospital, Lucas County
• Cleveland Clinic, Cuyahoga County
• Metro Health Medical Center, Cuyahoga County
• Mercy Health Springfield Regional Medical Center, Clark County
• OhioHealth Riverside Hospital, Franklin County
• Aultman Hospital, Stark County
• OhioHealth O’Bleness Hospital, Athens County
• Genesis Hospital, Muskingum County

All 10 hospitals were selected based on geography, population, and access to ultra-cold storage capacity.

As COVID-19 vaccines continue to come to Ohio, Cardinal Health’s OptiFreight Logistics business will help provide same-day delivery services. Once the vaccine is widely available, this partnership will allow Ohio to ship the vaccine to approximately 350 locations across the state.

The Centers for Disease Control and Prevention has invited Ohio to participate in an early scaled launch of vaccinations in nursing homes. Ohio will begin providing vaccinations in five to ten nursing homes starting this Friday, December 18. Ohio had previously been scheduled to start its nursing home vaccination program in partnership with pharmacy providers on Monday, December 21.

Governor DeWine announced that Ohio will launch a new COVID-19 Vaccination Dashboard in the coming days at coronavirus.ohio.gov. The dashboard will list the number of people vaccinated in Ohio and will be sortable by demographic and by county.

Oregon:

As part of its biweekly update, the Oregon Health Authority moved six counties into the Extreme Risk category, triggering additional two-week restrictions starting on Friday, December 18, while one county moved into the moderate risk category, and two into the lower risk category. The totals are now 29 counties at Extreme Risk, 0 counties at High Risk, 1 county at Moderate Risk, and 6 counties at Lower Risk. The counties that moved into the Extreme Risk category this week are Benton, Clatsop, Coos, Curry, Lincoln (all from High Risk), and Tillamook (from Moderate Risk), while Lake County moved into the Moderate Risk category from Extreme Risk and Grant and Harney counties were placed in the Lower Risk category from Extreme and Moderate, respectively. Further information on the guidelines and restrictions for each category can be found here.

Governor Brown announced that she will be calling a Special Session of the Oregon Legislature on Monday, December 21, 2020 to consider passing additional relief and other policies as Oregon fights the COVID-19 pandemic.

Washington:

On December 14, 2020, Governor Inslee issued a proclamation prohibiting the termination of agreements creating health districts and combined city-county health departments during the ongoing state of emergency. Proclamation 20-78 prevents a party to such an agreement from terminating the agreement unless all parties to agreement mutually agree on the agreement’s termination or with approval of the Secretary of Health. The proclamation went into immediate effect and is expected to last the duration of the state of emergency.

Wisconsin:

(Madison & Dane): The Public Health Officer of Madison and Dance County issued Emergency Order #11, effective as of 12:01 a.m. on December 16, 2020. The is similar to Emergency Order #9, which limits a Mass Gathering inside to 10 individuals, and Mass Gatherings outside to 25 individuals, not including employees. Individuals must maintain physical distancing at these Mass Gatherings. Most businesses continue to be limited to 50% of approved capacity levels. The Order shall remain in effect until January 31, 2021 at 12:01 a.m.

December 14, 2020

Arkansas:

Governor Hutchinson signed Executive Order 20-51, which is effective December 11, 2020 through December 31, 2020. The Order renewed the declaration of a Disaster and Public Health Emergency due to COVID-19, in addition to renewing the following executive orders through December 31, 2020:

• Executive Order 20-05, regarding telehealth;
• Executive Order 20-06, regarding the suspension of rules and statutes by state agencies;
• Executive Order 20-14, regarding the suspension of in-person witnessing and notarization of legal documents;
• Executive Order 20-15, regarding suspension of prohibitions for banks and corporations to hold shareholder meetings by remote communication;
• Executive Orders 20-18 and 20-34, regarding access to healthcare resources;
• Executive Orders 20-22 and 20-35, regarding Workers’ Compensation protections;
• Executive Order 20-33, regarding the protection of businesses from liability related to COVID-19; and
• Executive Order 20-43, regarding the issuance of the face covering mandate by the Arkansas Department of Health.

Delaware:

On December 12, Governor Carney and Delaware Public Health announced the state’s plan for distributing the COVID-19 vaccine that Pfizer BioNtech developed. Delaware expects to receive 8,775 doses of the vaccine very soon and has adopted a three-tier strategy for vaccine distribution:

Phase 1 (current phase): Health care personnel, emergency medical services agencies, and long-term care staff and resident will receive the vaccine first.

Phase 2 (March 2021): Those with more moderate-risk for getting COVID-19 are eligible to receive the vaccine. The state will provide additional details about specific groups and eligibility as Phase 2 gets closer.

Phase 3 (Spring/Summer 2021): The general public can expect to receive vaccines at their health care providers, health centers and pharmacies when the vaccines becomes widely available.

At this time, DPC does not anticipate mandating the vaccine but strongly encourages it.

Florida:

(Broward County): County Administrator, Bertha Henry, issued Emergency Order 20-29, which adopts a Comprehensive Emergency Order which replaces and supersedes all Emergency Orders she has issued since March 2020. The Order takes effect on December 16, 2020 and expires upon the expiration of the existing State of Local Emergency, unless otherwise terminated. The Comprehensive Order addresses facial coverings requirements, social distancing, limits on gatherings, curfew, required signage, penalties and enforcement, and establishment-specific requirements.

Georgia:

The Georgia Department of Labor is awaiting details from the federal government regarding the future of the CARES Act. Federal CARES Act unemployment insurance is presently scheduled to end on December 31, 2020. If the CARES Act is not extended, the last week payable for Pandemic Emergency Unemployment Compensation (PEUC) or Pandemic Unemployment Assistance (PUA) is December 26, 2020.

Illinois:

On December 11, Governor Pritzker issued Executive Order 2020-74 which reissues and extends many of his past orders through January 9, 2021. Executive Order 2020-73, which instituted state-wide Tier 3 Mitigations, is among the orders extended.

Kansas:

On December 11, Governor Kelly announced updates to the online dashboard that tracks the investments funded through the Coronavirus Relief Funds (CRF) of the federal CARES Act. The portal has been updated to include all spending through October 31, 2020, and a newly expanded fraud protection online reporting portal. If Kansans suspect fraud, waste, or abuse of CARES Act funds, they can report their allegations via an online portal, which will help direct their concerns to the appropriate place. Previously, Kansans could call or email the Office of Recovery with their claims. The new portal will streamline the process and offer Kansans the opportunity to submit claims anonymously if they fear retribution.

Kansans can report fraud, waste, or abuse by visiting: https://covid.ks.gov/report-fraud-waste-or-abuse/.

On December 9, Governor Kelly announced she has signed Executive Order #20-69, requiring COVID-19 testing in certain adult care homes, to enhance efforts to keep COVID-19 from entering and spreading through nursing homes. The order will require facilities to test residents and staff based on parameters and a frequency set forth by the executive order. The order requires testing of staff and residents in state-licensed facilities that are classified as adult care homes under K.S.A. 39-923(a). The order does not apply to facilities that are regulated by the federal Centers for Medicare and Medicaid Services because those facilities are already subject to similar testing requirements.

The Executive Order outlines the routine testing requirements for adult care home staff based upon county positivity rates, monitoring and adjusting every other week, reported by the Kansas Department of Health and Environment. The minimum testing interval based on the county positivity rates are as follows:

• Low (<5% positive test result rate) or Green – Once a month
• Medium (5% – 10% positive test result rate) or Yellow – Once a week
• High (>10% positive test result rate) or Red – Twice a Week

The guidance above represents the minimum testing expected. Facilities may consider other factors, such as the positivity rate in an adjacent county to test at a higher frequency than required.

Facilities can meet the testing requirements by using rapid point-of-care (POC) diagnostic testing devices or through an arrangement with an offsite laboratory. For a facility to conduct these tests with their own staff and equipment (including POC devices provided by the Department of Health and Human Services), the facility must have a CLIA Certificate of Waiver.

The order states that, regardless of the frequency of testing being performed or the facility’s COVID-19 status, the facility should continue to regularly screen all staff, each resident, and all persons entering the facility, such as vendors, volunteers, and visitors, for signs and symptoms of COVID-19.

Executive Order #20-69 becomes effective on Monday, December 14, 2020, and remains in force until rescinded or until the statewide State of Disaster Emergency expires, whichever is earlier.

Maine:

On December 11, Governor Mills issued an executive order modifying the state’s face mask requirement. Effective December 11, owners and operators of all indoor public spaces (regardless of the type of entity or size) are not allowed to let people in those who refuse to wear a face covering. The previous mask mandate required mask enforcement in some but not all public settings. Penalties for non-compliance with this order include action against a facility’s operating license, as well as criminal penalties, including up to 180 days imprisonment and $1,000 fine.

Nevada:

On December 13, Governor Sisolak announced the extension of the Nevada Statewide Pause through January 15, 2021. The restrictions under the Statewide Pause are set forth in Emergency Directive 035 and a directive mandating the extension is forthcoming. Further, Governor Sisolak announced that the new directive will include a moratorium on most residential evictions in Nevada, effective December 15, 2020 through March 31, 2021.

New Hampshire:

On December 11, Governor Sununu issued Executive Order 76 requiring everyone who receives a COVID-19 vaccine to have their immunizations registered with the state. As the only state without a vaccine registry, the Department of Health and Human Services has been tasked with building the new registry, which will require health care providers to report every COVID-19 vaccine. After the pandemic is over, patients may petition the state to have their records removed.

New York:

Governor Cuomo announced the launch of the New York Forward Small Business Lease Assistance partnership providing small businesses and their landlords with informational resources and pro bono assistance to assist both parties in finding mutually-beneficial lease workout agreements. This program will be available to all New York State small businesses and landlords. Those small businesses interested in participating in the program should complete the intake form.

Ohio:

On December 10, Governor DeWine extended the state's curfew through January 2, 2021, with variances for four sporting events across the state. Those variances include Monday Night Football games for both the Cincinnati Bengals and the Cleveland Browns, as well as the University of Cincinnati Bearcats football conference championship game and the MLS Columbus Crew championship game. The curfew will remain between 10:00 p.m. to 5:00 a.m.

Oklahoma:

On December 10, Governor Stitt announced the implementation of statewide COVID-19 mitigation efforts. These mitigation efforts include:

• Attendance at youth indoor sporting events will be limited to four spectators per participant or 50% of the building’s capacity, whichever is lower.
• Public gatherings will be limited to 50 percent capacity unless the local Health Department has granted an exception.
• The rules for bars and restaurants, first implemented under Seventh Amended EO 2020-20 will be extended. Tables must stay six feet apart, unless separated by sanitized dividers, and restaurants and bars must close by 11:00 p.m. except for drive thru or takeout.
• Face masks will continue to be required for all state employees and visitors in state agency buildings.

Oregon:

Governor Brown announced new measures to be implemented by the Oregon Department of Revenue to provide tax relief to Oregon small businesses. These new provisions provide:

• 100% penalty waivers on 2019 income tax due from businesses impacted by COVID-19;
• 100% interest waivers on 2019 income tax due from businesses impacted by COVID-19 AND that have less than $5 million in gross receipts; and
• Continued opportunities for business and individuals to set up an extended payment plan of up to 36 months.

Rhode Island:

Governor Raimondo issued Executive Order 20-105 to extend the “Rhode Island Pause” by one week. This Executive Order supersedes Executive Order 20-100 and is in effect until December 20, 2020.

Virginia:

On December 14, Governor Northam welcomed one of the state’s first shipments of the Pfizer-BioNTech COVID-19 vaccine to a Bon Secours hospital in Richmond, Virginia. This shipment is part of the initial allotment of 72,150 doses arriving between December 14-15, 2020, to health systems across Virginia. These first doses will be administered to frontline health care workers as early as December 15, 2020.

Governor Northam praised the arrival of the first doses of the COVID-19 vaccine but reminded Virginians that administering the vaccine will be a months-long process. In the meantime, Governor Northam urged citizens to stay vigilant, take care of one another, and follow the public health guidelines as the government and public health officials work to administer the vaccine in a safe, efficient, and equitable manner.

Virginia health systems expect to receive an estimated 480,000 doses of the vaccine from Pfizer and Moderna by the end of December 2020. The initial allocation will begin the vaccination process for nearly all health care personnel and long-term facility residents. The Virginia Department of Health estimates that there are up to 500,000 individuals in these two top priority groups in the state.

Washington:

Insurance Commissioner Mike Kreidler extended his emergency order on December 11, 2020, requiring health insurers to cover telehealth visits, to cover all diagnostic testing for the flu or other viral respiratory illnesses with no copay, coinsurance or deductible, and to treat drive-up COVID-19 testing as a provider visit with no copay, coinsurance or deductible.

The Washington Department of Health announced plans for the administration of the first COVID-19 vaccines, which arrived this week. The state expects to receive 62,400 doses of the vaccine, which will be distributed among 17 sites in 13 counties to Phase 1a individuals, including high-risk health care workers and first responders, as well as the patients and staff of long-term care facilities. Additional shipments are expected, with regular shipments beginning in January.

West Virginia:

On December 11, Governor Justice provided details on the different phases of the state’s vaccine allocation plan. Governor Justice explained that there will be two main phases of vaccine allocation. Phase 1 will include those at the highest risk of serious complications from COVID-19, as well as individuals who are essential frontline workers fighting the pandemic. Phase 2 is the general populace.

Phase 1 is further broken down into four subsections:

• Phase 1-A: includes Acute Care Tertiary units, long-term care staff and residents, and pharmacists
• Phase 1-B: includes community infrastructure and emergency responders, public health officials, and first responders
• Phase 1-C: includes other health care workers (non-emergency or acute hospital staff), clinics and higher risk settings, home health and hospice workers
• Phase 1-D: includes teachers and education staff in higher education and K-12 and other sections of critical services, such as utility and transportation workers

West Virginia plans to offer vaccines to all individuals identified in Phase 1-A through Phase 1-D within the first six weeks. In Phase 2, general population, the state will place initial emphasis on the most vulnerable members of the general population based on CDC guidance.

Wisconsin:

(Milwaukee): Milwaukee County revised Administrative Order 20-2v3, issuing Administrative Order 20-2v4 , effective as of 12:01 a.m. December 14, 2020. The order outlines that Milwaukee County will assume any employee or contractor that travels out of Wisconsin has been exposed to COVID-19 and is subject to full or adapted quarantine upon their return. Additionally, under the order, no out-of-state work travel is permitted unless expressly authorized in writing by a department head or designee.

December 10, 2020

Delaware:

On December 10, 2020 Governor Carney signed the fourth revision to the omnibus emergency order, which institutes several additional restrictions in light of the rise in COVID-19 cases. The new restrictions will take effect on Monday, December 14, 2020 at 8:00 a.m. The additional restrictions include:

• Businesses above 100,000 square feet are limited to 20 percent of stated fire capacity.
• All other businesses, including most retail stores and all restaurants, are limited to 30 percent of stated fire capacity. Restaurants must have signage prominently displayed that states that parties seated together must be from the same household. Restaurants also must post signs promoting the use of masks.
• Retail below 5,000 square feet, all Houses of Worship, and funeral services are limited to 40 percent of stated fire capacity.
• A 10 p.m. curfew will be imposed at Delaware restaurants and bars. **Restaurants can deliver past 10 p.m.
• Exercise classes at gyms are limited to 10 people and individuals who are not part of the same household must remain at least 13 feet apart during classes.
• Indoor gatherings at businesses or indoor spaces open to the public must be limited to the lesser of 30 percent of the venue’s stated fire capacity, or 10 people.

Additionally, Governor Carney and the Delaware Division of Public Health announced a zero-tolerance enforcement policy for businesses that violate COVID-19 related rules. A first violation will result in an immediate civil fine. A second violation will result in closure until the establishment submits a reopening plan that is approved by DPH.

Hawaii:

(Maui County): With Governor Ige’s approval, Mayor Victorino issued Amended Public Health Emergency Rules, which orders bars that do not have a certified kitchen within the premises to be closed from December 12 through December 26, 2020. Restaurants with bars must close bar seating during this period, however table service is allowed. The rules take effect on December 12, 2020.

(Kauai County): With Governor Ige’s approval, Mayor Kawakami issued Re-Instated Mayor’s Emergency Rule #1 Amendment #3, which requires camping permits for each resident of designated county campgrounds, regardless of age. Camping permits may be issued on a calendar month basis. The County’s Park Permit Office may also place additional rules and guidelines on the use of county campgrounds in the permit, beyond those identified in the Rule.

Indiana:

Governor Holcomb signed Executive Order 20-50 for the Continuation of County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease (COVID-19). Effective on December 13, 2020, at 12:01 a.m. and continuing through January 3, 2021, at 11:59 p.m., this order is a continuation of the county-based color-coding system laid out in Executive Order 20-48.

Each week, the State Health Commissioner will conduct weekly health assessments of each county and convey the results of those assessments to residents using a color-coding system. Each of the four colors – blue, yellow, orange, and red – will have associated special measures and restrictions, which we be respectively applicable to each county, and are further elaborated on in the order.

In addition to the restriction imposed by the color codes, all residents and businesses are still subject to additional requirements such as:

• Face-covering requirements;
• COVID-response Plans; and
• Social distancing and other sanitation requirements; among others.

Iowa:

On December 9, Governor Reynolds signed a Proclamation of Disaster Emergency continuing the public health disaster emergency and implementing additional health measures.

The new measures are effective December 10, 2020 at 12:01 a.m. through December 16, 2020 at 11:59 p.m. and amend the existing Proclamation as follows:

• Revises the restrictions applicable to sporting and recreational gatherings to allow for up to 2 spectators for each cheerleader, pep band member, and other organizer staff that participates in the gathering
• Permits restaurants, bars, and other dining establishes to reopen for on-premises consumption at 4:00 a.m. each day rather than the previously allowed 6:00 a.m.
• Requires theater and performance venues to comply with the requirements of bars and restaurants if the establishment provides on-premise food and beverage service
• Temporarily suspends the regulations limiting compensation to a school board member if the member obtains part-time or temporary employment as a substitute employee, such as a substitute teacher
• Temporarily suspends the requirement that requires an in-person DHS hearing at the request of an appellant as long as the hearing may be conducted by remote means and no federal law requires an in-person hearing

All other restrictions related to gatherings and reopening of businesses and establishments are extended through December 16, 2020 at 11:59 p.m. The remainder of the existing measures are extended through January 8, 2021 at 11:59 p.m.

Michigan:

Following the MDHHS’s extension of the Gatherings and Face Mask Order, which restricts indoor social gatherings and other group activities, several Michigan restaurants and bowling alleys have been fined for refusing to stop indoor service. In all but one case, the businesses had their liquor licenses suspended. The fines and suspensions follow “multiple violations” of the order, including blatant violations such as advertising that businesses were still open for indoor service.

Mississippi:

Governor Reeves signed two Executive Orders on December 9, 2020.

Executive Order 1535: This Order is effective beginning on December 11, 2020 and remains effective until January 15, 2021 unless rescinded or modified. It repeals Executive Order 1525 (the original Safe Recovery Order) but implements many additional restrictions:

• Group Gatherings: Group gatherings in indoor spaces are limited to 10 people, or 50 people if outdoors where social distancing is not possible.
• Face Coverings: Every person in the state must wear a face covering while inside a school building or classroom, or when outdoors on a school campus when social distancing of six feet is not possible.
• Business Operations: All businesses operating in the state must make reasonable, good faith efforts to comply with the CDC’s and State Health Department’s regulations and guidelines, including implementing screening protocols for employees, sending sick employees home, limiting the number of visitors in a business to no greater than 75% of the business’s capacity, requiring PPE to be worn by all employees, adopting social distancing measures, and adopting sanitation measures.
• Restaurants/Bars: Party sizes are limited to ten persons per table. Restaurants must update their floor plans to ensure six feet of separation between each party/group, regardless of dining inside or outside. Appropriate PPE shall be worn by all employees. Alcohol may only be served to seated customers, and may not be served past 11:00 p.m.
• Reception Halls/Conference Centers: The number of guests in reception halls and conference centers must not be greater than 50% of the maximum capacity. However, for seated dinners capacity may increase up to 75%.
• Auditoriums/Theaters: Auditoriums and theaters must limit customers to 50% of the maximum seating capacity, provided that six feet of social distancing between members of different households must be maintained.
• Hospital Capacity: Healthcare facilities must reserve at least 10% of their capacity for treatment of COVID-19 patients.

Executive Order 1536: This new Order is effective from December 11, 2020 through January 15, 2021 unless rescinded or modified, and implements a face covering mandate only for the counties listed in the Order. It differs from the face covering requirement contained in Order 1535 in that this Order requires every person to wear a face covering when inside any business, school, building, or other indoor space open the public whenever it is not possible to maintain a minimum of six feet of distance.

Missouri:

(Platte County): The Platte County Health Department announced that it continues to recommend the 14-day quarantine guidelines recommended by the Centers for Disease Control and Prevention. However, the Health Department now notes that quarantine can end after day 10 if the person has no symptoms. The Health Department stated that it does not support the test out option at this time.

New York:

Governor Cuomo announced the launch of the New York Forward Small Business Lease Assistance partnership providing small businesses and their landlords with informational resources and pro bono assistance to assist both parties in finding mutually-beneficial lease workout agreements. This program will be available to all New York State small businesses and landlords. Those small businesses interested in participating in the program should complete the intake form.

Rhode Island:

Governor Raimondo issued Executive Order 20-104 on December 10, 2020 stating that any person clinically diagnosed with COVID-19 must immediately self-isolate in accordance with the Rhode Island Department of Health guidelines. Additionally, any person who has been in known close contact (defined as within 6ft for more than 15 minutes within a 24 hour period) with a person diagnosed with COVID must self-monitor for symptoms of COVID for 14 days and immediately self-quarantine for 10 days. If a person living in congregated care settings has been in close contact with a person diagnosed with COVID, that individual must self-quarantine for 14 days. Healthcare workers social service providers, homeless shelter employees, correctional facilities employees, and group home employees do not need to self-quarantine in the above-mentioned situation, and they are allowed to go to work, however they must self-quarantine when not at work. This Executive Order shall remain in full force until December 31, 2020.

Virginia:

On December 10, 2020, Governor Ralph Northam announced several measures targeted to slow the spread of COVID-19. Executive Order 72 directs Virginians to stay at home between the hours of 12 a.m. and 5 a.m. Executive Order 72 also implements a universal mask requirement and lowers the limit on social gatherings from 25 people to 10 people. The order is effective from December 14, 2020 at 12:01 a.m. and will remain in place through January 31, 2020, unless rescinded or amended.

Executive Order 72’s modified stay at home order requires that all Virginians remain in their residence between 12 a.m. and 5 a.m. Exceptions include obtaining food and goods, travelling to and from work, and seeking medical attention.

The Order’s universal mask requirement provides that all citizens over 5 years old are required to wear face coverings in indoor setting shared with others and when outdoors within six feet of another person. This order expands the current statewide mask mandate, which has been in place since May 29. These changes are consistent with the CDC’s new guidelines that recommend universal wearing of face coverings.

All social gatherings are limited to 10 individuals. This is a decrease from the current cap of 25 people. Social gatherings include, but are not limited to, parties, celebrations, or other social events, regardless of whether they incur indoors or outdoors. This does not apply to religious services, employment settings, or educational settings. Restaurants and retails stores are already governed by strict social distancing requirements and are not included in this limit.

The Executive Order also provides that employees that can telework are strongly encouraged to do so.

Washington:

Governor Inslee issued updated guidance today for safety measures to be adopted by public transportation services, which is any transportation that provides regular and continuing general or transportation to the public, but not including school buses, charter, tribal transportation or sightseeing services. The new rules require public transportation services to:

• Adopt a written employee and customer safety plan following or exceeding these guidelines;
• Adhere to the current mask order and other Department of Health and Department of Labor guidelines;
• Encourage physical distancing of its customers and keep riders at least three feet from other households or travel parties
• Maintain six feet of physical separation between the operator and customers
• Provide hand sanitizer, wipes, or towelettes
• Establish, post, and update regular cleaning schedules
• Screen employees for COVID-19 symptoms
• Post signs informing customers of the mask requirement and encouraging customers to stay home if they are feeling ill; and
• Appoint a COVID-19 plan monitor.

On December 9, 2020, the Washington State Department of Health introduced a new program intended to provide individuals isolating or quarantining due to positive COVID-19 tests or exposure to COVID-19. Care Connect Washington will help connect those persons to services such as medication delivery, health care, unemployment assistance, housing agencies, food banks, and childcare providers. An eligible person must be referred to Care Connect Washington to take advantage of these services.

December 9, 2020

Alabama:

On December 9, Alabama State Health Officer Scott Harris issued an order that extended the state’s “Safer at Home” policies. This extends the statewide mask mandate and existing COVID-19 health order until 5:00 p.m. on January 22, 2021.

Connecticut:

The State Department of Social Services announced an additional 16.9 million in emergency Supplemental Nutrition Assistance Program (SNAP) benefits will be provided to eligible households as part of the continuing emergency aid from the Families First Coronavirus Response Act. The benefits will go to households who have not received the maximum eligible benefit amount, which would benefit approximately 112,000 households.

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through December 18, 2020.

Massachusetts:

Governor Baker-Polito’s issued Order No. 58, which takes effect at 12:01 a.m. on December 13, 2020, which rescinds Order No. 56, and will remain in effect until rescinded or until the state of emergency has ended. Under this order all communities in Massachusetts must return to Phase III, Step I COIVD-19 Safety Rules. This will require the indoor performance venues and indoor recreational activities to close their physical locations to the public. All businesses listed in Phase I, II, and III, step 1, must continue following the approved sector-specific COVID-19 workplace safety rules.

New York:

Governor Cuomo signed Executive Order No. 202.80 extending the New York State disaster emergency until January 8, 2021.

North Carolina:

(Charlotte): On December 8, Charlotte-Mecklenburg Schools voted to switch most students back to plan C, or online learning, beginning December 14 with a return date of January 19. Under the plan approved Tuesday, students in pre-kindergarten will continue with in-person learning, in addition to students with special needs whose individualized education plans call for those accommodations.

Rhode Island:

Governor Raimondo issued Executive Order 20-103 on December 8, 2020 that extends the following executive orders until January 6, 2021:

1. Executive Order 20-44 (Fortieth Supplemental Emergency Declaration - Uniform Statewide School Calendar).
2. Executive Order 20-46 (Forty-Second Supplemental Emergency Declaration - Public Meetings and Public Records Requests).
3. Executive Order 20-62 (Fifty-Seventh Supplemental Emergency Declaration - School Bus Driver Recertification).
4. Executive Order 20-96 (Ninety-First Supplemental Emergency Declaration - Student Transportation).

South Carolina:

Governor McMaster issued Executive Order No. 2020-75 on December 8, 2020. Effective immediately until December 23, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order No. 2020-73 (Modifying Amending Emergency Measures) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

West Virginia:

On December 9, Governor Justice announced that West Virginia’s initial allocation of the Moderna COVID-19 vaccine has been increased from the initial allocation of 26,000 doses to 32,600. Governor Justice also provided an update for the arrival of the initial doses of Pfizer’s COVID-19 vaccine. The FDA has a regulatory meeting scheduled for December 10, 2020, where it is expected that will discuss the Emergency Use Authorization for the Pfizer vaccine. FDA officials have said they plan to make a decision approving the emergency use authorization within four days of the meeting. Once the FDA gives authorization, West Virginia anticipates it will begin receiving shipments of the Pfizer vaccine within 24 hours of approval, and that vaccines will begin being administered 24 hours after that.

Governor Justice also announced that West Virginia University has partners with the West Virginia Department of Health and Human Resources to create a new Rapid Development Lab at the WVU Health Sciences Center in Morgantown. The new lab will be used to develop, validate, and implement complex diagnostic testing for COVID-19. The lab was funded through federal CARES Act funding.

December 8, 2020

District of Columbia:

On December 7, Mayor Bowser issued Mayor’s Order 2020-123 modifying the District’s Phase Two requirements regarding sports and recreation. The Order will take effect at 12:01 a.m. on Friday, December 11, 2020. Under the order, high contact sports as defined by the Department of Health (defined to include basketball, boxing, football, hockey, lacrosse, martial arts, rugby, soccer and wrestling) are prohibited in the District of Columbia, with the exception that universities or professional leagues may continue to organize and administer practices and competitions for their athletes who engage in high-contact sports, pursuant to a health and safety plan approved by its accredited or governing body and under such further conditions as may be imposed by the Homeland Security and Emergency Management Agency (HSEMA). The order also requires the District’s Department of Parks and Recreation to temporarily cease issuing permits for sports practices and drills involving physical contact. The order provides that middle school age athletes may continue to participate in organized drills and clinics for high contact sports provided the athletes are in groups of no more than twelve and the sports do not involve physical contact. The order also requires that high schools in the District suspend sports activities and competitions, and that recreation centers suspend all sports and organized athletic activities. Finally, the order implements a variety of other requirements related to social distancing during athletics, such as requiring that physical education classes only involve activities where students can maintain six feet of distance from each other, among other things.

Florida:

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on December 8, 2020.

Georgia:

On December 8, Governor Kemp issued Executive Order 12.08.20.01, extending the “Empowering A Healthy Georgia” Order until 11:59 p.m. on December 31, 2020. The extended Order maintains previous guidelines from Executive Order 11.30.20.02, including outlining social distancing guidelines, a ban on gatherings of more than 50 people unless individuals remain six feet apart, and continues to allow pharmacists and nurses to administer a COVID-19 vaccination when the vaccine becomes available.

Massachusetts:

(Statewide): Governor Baker-Polito’s issued Order No. 57, which takes effect at 12:01 a.m. on December 13, 2020, rescinding Order No. 54, and will remain in effect until rescinded or until the state of emergency has ended. Under this order, the following are required:

• Social distancing is required,
• Private residences may not have indoor gatherings of more than 10 people or outdoor gatherings of more than 25 people,
• Venue spaces may not have indoor gatherings of more than 25 people,
• Venue spaces may not have outdoor gatherings of more than 50 people,
• Outdoor gatherings of more than 25 people require prior notification to the Local Board of Health,
• All gatherings must end, and the participants must disperse, by 9:30 p.m.

These gathering limitations do not apply to businesses that are complying with Indoor and Outdoor Events Guidance issued by the Department of Labor Standards, or those Phase I, II, III enterprises complying with sector-specific safety rules and capacity limitations.

Missouri:

(St. Louis City/St. Louis County): The St. Louis City Department of Health and the St. Louis County Department of Public Health announced that each will continue using the 14-day quarantine guidelines, as recommended by the Centers for Disease Control and Prevention. Additionally, both departments recommend that those in close contact with a COVID-19 positive person wait 5 days before getting tested.

(Clay County): The Clay County Public Health center announced that it will continue to recommend the 14-day quarantine guidelines recommended by the Centers for Disease Control and Prevention. However, the Public Health Center noted that quarantine can end after day 7 if the person has a negative test and has no symptoms.

(City of Columbia): The City of Columbia issued Order No. 2020-16 extending phase two, step three, of its reopening plans until December 22, 2020, at 11:59 p.m., under Order No. 2020-11. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Childcare services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

(Boone County): Boone County issued Order No. 2020-16C, which took effect at 12:00 a.m. on December 8, 2020, rescinding all previous orders, and remains in effect until December 22, 2020, at 11:59 p.m. Under this new order:

• Businesses must continue to adhere to social distancing and regular disinfecting,
• Gatherings held at a business open to the public must be limited to 50% of their capacity, or a maximum of 100 people,
• Restaurants and bars that serve alcohol must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
• Restaurants that do not serve alcohol are not required to close at 10:30 p.m.,
• All restaurants and bars are permitted to operate without occupancy limits provided that:
  • Groups are limited to 10 persons,
  • Social distancing between tables is observed,
  • Standing bars or buffets are not utilized, and
  • Customers must wear a mask when not seated
• Entertainment venues must:
  • Limit their capacity to 100 people,
  • Food and beverages must be consumed while seated,
  • Tables must be limited to 10 persons per table,
  • Social distancing between tables must be maintained,
  • Patrons must wear a mask when not seated, and
  • Close by 10:30 p.m.
• Childcare services must:
  • Maintain stable groups, no changing from one group to another,
  • Keep groups separate and in different rooms,
  • Keep the same provider with the same group of children, and
  • Limit groups to 50 children.
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

New York:

Governor Cuomo announced another 36 bars and restaurants in New York State have had their liquor licenses suspended for illegally operating in micro-cluster zones. To date, 279 businesses liquor licenses have been suspended during the COVID-19 pandemic. Businesses found in violation of COVID-19 regulations face fines of up to $10,000 per violation, with egregious violations resulting in immediate suspension of a bar or restaurant’s liquor license.

North Carolina:

On December 8, Governor Cooper and North Carolina Department of Health and Human Services Secretary Dr. Mandy Cohen announced that North Carolina will begin a Modified Stay at Home Order after a rapid increase in North Carolina’s key COVID-19 trends. The Order requires people to stay at home between 10:00 p.m. and 5:00 a.m. and takes effect Friday, December 11 and will be in place until at least January 8, 2021.

The Order requires restaurants, bars, entertainment venues, personal care businesses and more to close at 10:00 p.m. Travel to and from work; to obtain food, medical care, fuel or social services; or to take care of a family member is exempted. The new restrictions also include moving the alcohol curfew to 9:00 p.m., two hours earlier than the previous curfew of 11:00 p.m. Events like live entertainment, amateur sporting events and movies must end no later than 10:00 p.m. under the order, but professional and collegiate sporting events are allowed to continue past that time. Face coverings continue to be required in all indoor public settings. For more information see the Order’s FAQ.

Governor Cooper also stated that further action would be taken to slow the spread of the virus if trends do not improve. This could require further limiting of restaurant dining, indoor entertainment or shopping and retail capacity restrictions, among other safety protocols.

Dr. Cohen also provided an update on North Carolina’s COVID-19 County Alert System map. The number of red counties (critical community spread) has more than doubled since November 23, up to 48 red counties from 20 red counties. There are now 34 orange counties (substantial community spread), as compared to 42 orange counties from the previous report. With today’s report, more than 80% of the state’s counties fall into the red or orange tier.

Washington:

Governor Inslee extended restrictions originally put into place on November 15, 2020, with those restrictions now expiring January 4, 2021, rather than the original December 13, 2020 expiration date. These restrictions limit social gatherings, weddings, funerals, in-store retail (25% capacity), religious services (25% capacity OR 200 people, whichever is fewer), offices, and long-term care facility visits. The restrictions also close indoor dining service, gyms and other fitness facilities, movie theaters, bowling center, museums, zoos, and aquariums and prohibit real estate open houses.

Governor Inslee additionally announced a further $50 million in funding of the Working Washington Small Business grants. These grants offer small businesses up to $20,000 in funds while prioritizing businesses with annual revenues of $5 million or less in 2019 and businesses in sectors particularly impacted by COVID-19 related restrictions. While there is no formal deadline for these grants, funding is limited and priority is given to applications received by 5:00 p.m. on Friday, December 11, 2020.

Finally, Governor Inslee announced that job search requirements for unemployment claims will continue to be suspended until the week starting January 24, 2021, at the earliest.

December 7, 2020

California:

California has adopted a Regional Stay at Home Order, amended as December 6, 2020 (“Regional Order”), which imposes the most severe restrictions on social and economic activity since the pandemic began last March. This move comes on the heels of the State’s restrictive curfew order that prohibited all non-essential activities between 10:00 p.m. and 5:00 a.m. for those counties in the most-restrictive tier of the Blueprint for a Safer Economy. That order appears to have been insufficient, prompting the issuance of the Regional Order, which remains in effect until repealed.

True to its name, the Regional Order divides California into five regions: Northern California, Greater Sacramento, Bay Area, San Joaquin Valley, and Southern California. So far, only Southern California and San Joaquin Valley are subject to the Regional Order’s restrictions, which take effect when a region’s ICU bed availability falls below 15%.

Under the Order, the following limitations apply:

• all gatherings with members of other households are prohibited in the region, unless expressly permitted by the Order;
• all individuals living in the region shall stay home or at their place of residence except as necessary to conduct activities associated with the operation, maintenance, or usage of Critical Infrastructure;
• worship and political expression are permitted outdoors;
• all retailers may operate indoors at no more than 20% capacity and must follow the guidance for retailers—the sale of food, beverages, and alcohol for instore consumption is prohibited;
• grocery stores where the principal business activity is the sale of food may operate at 35% of capacity; and
• no hotel or lodging entity in an affected region in California shall accept or honor out of state reservations for non-essential travel, unless the reservation is for at least the minimum time period required for quarantine and the persons identified in the reservation will quarantine in the hotel or lodging entity until after that time period has expired.

Critical Infrastructure sectors, schools, childcare and pre-K, outdoor recreation activities, and non-urgent medical and dental care remain operational subject to existing state guidance. As a result, the following economic sectors must close unless their operations qualify as Critical Infrastructure:

• indoor and outdoor playgrounds;
• hair salons and barbershops;
• personal care services;
• museums, zoos, and aquariums;
• movie theaters (except drive-in);
• wineries, bars, breweries, and distilleries;
• family entertainment centers;
• cardrooms and satellite wagering;
• limited services;
• live audience sports; and
• Amusement parks.

The Regional Order takes effect the next day at 11:59 p.m. after a region becomes subject to it. Once a region is no longer subject to the Regional Order, the counties in that regions must continue to adhere to applicable restrictions of the Blueprint for a Safer Economy. Currently, every county except six, which includes Marin County, are in Level Purple of the Blueprint for a Safer Economy—the most restrictive level.

Colorado:

The continuing rise in COVID-19 cases has forced much of the State’s population into Level Red of the Dial Framework, including the Denver metro area. The State has extended a variety of existing measures and adopted new ones aimed at combating the virus’ spread and reducing its impact on residents and businesses.

Governor Polis issued or extended the following Executive Orders—some with minor modifications—to keep the State engaged in the fight against the virus:

• Executive Order D 2020 061: orders a one-month extension for remitting state sales taxes collected by qualifying restaurants and bars, which includes the following key provisions:
  • the sales tax exemption applies to the “alcoholic drinking places industry” (i.e. bars, taverns, and brew pubs), the “restaurants and other eating places industry” (i.e. restaurants, cafes, and lunch counters,), and the “mobile food services industry” (i.e. food sales from motorized vehicles (food trucks or ice cream trucks) or nonmotorized carts (hot dog carts));
  • the alcoholic drinking places and restaurants and other eating places industry may deduct from state net taxable sales the lesser of state net taxable sales or $70,000 and retain the resulting sales tax collected—each entity may make this deduction for each qualifying physical site, not to exceed five total deductions;
  • the mobile food services industry may deduct from state net taxable sales the lesser of aggregate state net taxable sales for all sites or $70,000 per motorized vehicle or nonmotorized cart and retain the resulting sales tax collected;
  • the deduction applies only to a sales tax return for sales made in November 2020 by December 20, 2020 and may only be retained by a qualifying retailer until the earlier of the sales tax return due April 20, 2021, or the retailer’s final sales tax return; and
  • the order expires on December 25, 2020.
• Executive Order D 2020 265: extends the State’s Dial Framework (Executive Order D 2020 235) to December 28, 2020 and directs all Coloradoan who reside in counties under Level Purple to observe extreme risk precautions.
• Executive Order D 2020 268: extends the previously declared state of emergency in Colorado through December 27, 2020 and increases disaster relief funding for the Colorado Department of Public Health and Environment (“CDPHE”).
• Executive Order D 2020 270: extends the temporary relief provided to public utility customers, including the waiver of reconnection fees; the suspension of the accrual of late payment fees for residential and small business consumers; and direction to the Colorado Public Utilities Commission to provide guidance to and work with utility providers to develop aid programs for customers. The order will expire on January 3, 2021.

CDPHE also issued a Second Amended Public Health Order 20-36 to make several clarifications regarding the application of the Dial Framework to various industries. First, the order clarifies that Critical Retail must adhere to the 50% occupancy restriction in all six levels of the Dial Framework. Next, its clarified that open houses may continue in Level Red, but that such events must be limited to one household at the property at a time. Third, the order removed indoor malls from the definition of Indoor Event and reclassified indoor malls as part of and subject to the restrictions affecting Critical Retail and Non-critical Retail. The order will expire on December 30, 2020.

(City and County of Denver): The City and County of Denver adopted the restrictions on social and economic activity associated with Level Red of the Dial Framework and First Amended Public Health Order 20-36. In doing so, the City repealed is Home by 10 public health order.

Connecticut:

On December 4, Governor Lamont signed Executive Order 9P, which made changes to the eligibility for the Lost Wages Assistance program and certain state administered licensure exams.

Under the order, those who had not exhausted unemployment benefits but received less than $100 in weekly benefits from July 26 to September 5 would have that amount raised to $100 a week in order to be eligible for federal Lost Wages Assistance. The program provided weekly supplemental payments of up to $400 in addition to unemployment benefits.

In addition, the order allows the Department of Public Health to offer only two of its normal four licensure examinations for subsurface sewage installers, one of which may be offered remotely.

On December 7, Governor Lamont also signed Executive Order 9Q, which allows certain procedures for administration of COVID and influenza vaccinations.

The order authorizes licensed pharmacists to administer COVID-19 vaccinations authorized by the FDA to adult patients and those over the age of 10, and flu vaccines to kids between the ages 10 and 17. Pharmacists who administer the flu vaccine to those under 18 must report those vaccines electronically to the state’s immunization registry.

The order also caps the amount that health care providers may charge those with out-of-network health insurance plans to avoid out-of-pocket costs to the policy holder. If the provider does not have a negotiated rate with the insurance company, it must accept payments by the insurer equal to that which would normally be charged under Medicare.

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through December 11, 2020.

(Miami-Dade County): Mayor Cava issued an affidavit in compliance with Ordinance No. 20-87, to explain the current extension of the Local State of Emergency.

Georgia:

On December 4, the Georgia Department of Public Health issued its Tenth Amended Administrative Order for Public Health Control Measures. The Order remains in effect for 30 days following the end of the Public Health State of Emergency. The Public Health State of Emergency is currently due to expire on January 8, 2021, unless renewed by Governor Kemp. The Administrative Order outlines isolation requirements for individuals having COVID-19, and quarantine guidelines for individuals potentially exposed to COVID-19. Failure to comply with the Administrative Order requirements is a misdemeanor offense.

Hawaii:

(Maui County): Mayor Victorino issued amended Public Health Emergency Rules, which incorporates the facial covering requirements of Governor Ige’s Fifteenth Proclamation, with an exception within Maui County for persons who are stationary and adequately separated (such as occupying a pool lounge chair, beach chair, or towel). Face coverings must be worn while walking to and from the pool or beach area. The exception does not apply on sidewalks, hiking trails, and in parks and similar areas unless actively engaged in strenuous outdoor physical activity, provided social distancing is maintained; in open air or partially open malls or similar facilities, or in facilities in which special rules are established, such as bars and restaurants.

Kansas:

On December 4, Governor Kelly announced Kansas considers meatpacking plant workers and grocery store employees essential workers for Phase two of the vaccination plan, putting them just behind health care workers and nursing home residents for coronavirus vaccines. Governor Kelly also announced the Kansas Legislature will not get any special treatment. Individual lawmakers will get vaccinated at different times, based on the risk outside of their political lives of being exposed to COVID-19 or developing serious complications once infected. Phase three will be vaccinating people 65 and older and younger people at high medical risk.

Maine:

On December 4, Governor Mills announced an extension to the business curfew through January 3, 2021. Under the extension, all outdoor and indoor amusement venues, movie theaters, performing arts venues, casinos, and businesses that provide seated food and drink service, including social clubs, restaurants and bars and tasting rooms currently open for outdoor service, will close for the night by 9:00 p.m. These businesses can still offer take-out, drive-thru and delivery options past 9:00 p.m.

Michigan:

Director Gordon and the Michigan Department of Health and Human Services (MDHHS) have extended by 12 days the epidemic order that restricts indoor social gatherings and other group activities. The additional 12 days will allow the department time to determine the full impact of the Thanksgiving holiday on the spread of COVID-19 across Michigan.

Under the extended order, MDHHS continues to urge families to avoid indoor gatherings, and only two households may gather inside, with strict protocols recommended. Individuals should wear masks consistently whenever they are inside with individuals not in their household, and are recommended to pick only a small group to see regularly. Bars and restaurants must remain closed for dine-in service, but can remain open for outdoor dining, carry-out and delivery. Gyms are open for individual exercise with mandatory masking and additional strict safety measures. Casinos, movie theaters and group exercise classes remain closed. Professional and college sports meeting extraordinary standards for risk mitigation may continue without spectators. Colleges, universities and high schools will continue with remote learning, with no in-person classes.

The order will keep existing measures in place through December 20 and does not include a blanket stay-home action. Employees who work in jobs that cannot be performed from home can continue to go to work, including those in manufacturing, construction and health occupations. Outdoor gatherings, outdoor dining and parks remain open. Individualized activities with distancing and face masks are still allowed: retail shopping; public transit; restaurant takeout; personal-care services such as haircuts, by appointment; and individualized exercise at a gym, with extra spacing between machines.

MDHHS also identified three key metrics that will be utilized in determining whether to slowly reopen at the end of the 12 days. Specifically, the department will be looking closely at the percentage of hospital beds with COVID patients, the number of COVID-19 cases and the positivity rate. With improvements in those numbers in context, MDHHS will carefully reopen, with in-person learning at high schools first. Next in line will be entertainment venues where people can maintain consistent masking, such as casinos, theaters and bowling, with concessions closed

Nevada:

On December 4, the Nevada Department of Health and Human Services announced it will receive 164,150 first-doses of the COVID-19 vaccine throughout December. These doses will be provided to hospital staff, skilled nursing facility staff and residents, and other Tier 1 individuals as outlined in Nevada’s COVID-19 Vaccination Program Playbook. The vaccine requires two doses to be fully effective, and the second doses are expected to be received 3 to 4 four weeks after the initial doses are delivered.

New Jersey:

On December 4, Governor Murphy signed legislation expanding eligibility for extending unemployment benefits to claimants who either had been eligible for benefits prior to exhausting those benefits or earned 40 times their unemployment benefits.

On December 5, Governor Murphy and Superintendent of the State Police Colonel Patrick Callahan announced an Administrative Order Clarifying the that indoor entertainment centers where a performance is viewed or given (i.e.: a movie theater, performing arts center or other concert venues) may host a performance in an adjacent outdoor area with a maximum capacity equivalent to the facility’s indoor capacity.

New Mexico:

New Mexico joined the growing list of states employing a tiered, county-by-county approach to imposing and lifting restrictions on social and economic activity. The “Red to Green” framework, implemented through December 2, 2020 Public Health Order, creates three levels that govern a county’s operations: Green Level, Yellow Level, and Red Level.

The Red Level is the most restrictive. A county’s designation in the various levels depends upon whether it can satisfy the applicable level’s threshold criteria for case rates and average percent positivity. At present, 32 of the State’s 33 counties are subject Red Level restrictions.

Red Level imposes the following operational restrictions:

• Essential businesses (non-retail): no capacity restrictions but must limit operations to only those absolutely necessary to carry out essential functions;
• Essential retail spaces: 25% of maximum capacity or 75 customers at one time, whichever is smaller;
• Food and drink establishments: no indoor dining permitted; 25% of maximum capacity for outdoor dining; any establishment serving alcohol must close by 9:00 p.m. each night;
• Close-contact businesses: 25% of maximum capacity or 10 customers at one time, whichever is smaller;
• Outdoor recreational facilities: 25% of maximum capacity (unless required to have less capacity under the state’s COVID-Safe Practices);
• Close-contact recreational facilities: remain closed;
• All other businesses: 25% of maximum capacity or 75 customers at one time, whichever is smaller;
• Houses of worship: may hold religious services, indoors or outdoors, or provide services through audiovisual means, but may not exceed 25% of the maximum capacity of any enclosed space on the premises;
• Places of lodging: 40% of maximum occupancy for those that have completed NM Safe;
• Certified training; 25% of maximum occupancy for all others; 5 guests maximum for vacation rentals; and
• Mass gatherings limit: 5 persons, 10 vehicles.

Further, regardless of a county’s level designation, all residents must continue to wear facemasks in public and businesses and nonprofits must adhere to the State’s COVID-Safe Practices.

New York:

Governor Cuomo directed New York State Department of Health to begin implementing the state’s “surge and flex” protocol and mandate all hospitals begin expanding their bed capacity by 25% to prepare for a future COVID-19 surge. Further, Governor Cuomo asked retired doctors and nurses to return to service to help with a potential surge. If hospital capacity reaches critical capacities, additional restrictions will be applied to indoor dining.

(Buffalo): Mayor Brown announced that funding support is growing for the new Buffalo Business Blitz initiative. This initiative provides $2,500 grants to small businesses struggling due to the COVID-19 pandemic.

Ohio:

On December 7, Governor DeWine will extend the statewide curfew of 10:00 p.m. to 5:00 a.m. beyond its scheduled expiration Thursday. Governor DeWine stated more details would come Thursday, December 11. The 10:00 p.m. to 5:00 a.m. curfew took effect November 19 and had several exemptions, including for going to work or picking up food from a restaurant or grocery store. The Governor added, “The curfew, the additional mask-wearing, the inspection of retail -- we think these things have helped...but they have not helped enough. We're going to have to do more. We don't have any choice."

On December 4, Governor DeWine announced that Ohio's Retail Compliance Unit Dashboard is now available online at coronavirus.ohio.gov. The new dashboard includes information on the number of retailers visited by agents, how many customers and employees were properly wearing masks, how many establishments had proper signage, and the number of warnings issued. The dashboard will be updated each Thursday. The Retail Compliance Unit was created within the Ohio Bureau of Workers' Compensation to help keep businesses open and safe for customers and employees.

Governor DeWine also announced details for Ohio's first phase of vaccine distribution that is expected to begin on or around December 15. During Phase 1, vaccine supply will be limited, and Ohio will focus on vaccinating those who wish to be vaccinated in the critical Phase 1A groups. The Phase 1A groups include: (1) health care workers and personnel who are routinely involved in the care of COVID-19 patients; (2) residents and staff at nursing homes; (3) residents and staff at assisted living facilities; (4) patients and staff at state psychiatric hospitals; (5) people with intellectual disabilities and those with mental illness, who live in group homes or centers and staff at those locations; (6) residents and staff at Ohio veterans homes; and (7) EMS responders.

The federal government has advised that the Ohio Department of Health will not know the exact number of vaccines that will be shipped to Ohio until closer to each shipment date. The current shipment figures, which are subject to change, are as follows:

• On or around December 15, a shipment from Pfizer will include 9,750 vaccines for Ohio's prepositioned hospital sites. An additional 88,725 vaccines will go to Walgreens and CVS for congregate care settings.
• On or around December 22, a shipment of 201,000 vaccines is expected from Moderna. These vaccines will go to 98 hospitals for vaccination of those who are exposed to COVID patients and to 108 health departments to vaccinate other frontline workers such as those working in emergency medical services.
• On or around December 22, another shipment is also expected from Pfizer. The tentative number of vaccines in this shipment is 123,000. These vaccines will go to Walgreens and CVS for vaccination of those in congregate care settings.
• A few days later, Ohio expects another 148,000 vaccines from Pfizer and 89,000 vaccines from Moderna.

These vaccines will be the first dose for those in the identified critical groups. A second dose will be delivered and administered in the future. It has not been determined when members of the general public will have the option to receive vaccines. As information becomes available about the next phases of vaccine distribution, it will be made public.

Furthermore, Ohio Department of Health Chief Medical Officer Dr. Bruce Vanderhoff discussed the new quarantine guidance recently issued by the Centers for Disease Control and Prevention (CDC) for those who may have been exposed to coronavirus but are not showing symptoms. Following the study of emerging data and a growing confidence in testing, CDC's new guidance has two options depending on the situation: (1) 10-day quarantine that does not require testing, provided there are no symptoms and (2) 7-day quarantine if test results are negative, provided there are no symptoms. The Ohio Department of Health, however, continues to recommend a 14-day quarantine for many citizens in Ohio.

Oregon:

(Portland): Portland announced Monday that it would be reopening applications for city residents to receive $500 cash cards as part of COVID-19 relief. Applications will be open on Thursday, December 10 from 3:00-6:00 p.m. local time. Applicants must (i) live within city limits, (ii) have experienced a loss of income or elevated health risk due to COVID-19 related factors, and (iii) have a household income at or below 80% of the Area Median Income ($73,680 for a family of 4).

Pennsylvania:

Governor Wolf issued on December 3, 2020, an amendment to the November 23, 2020 Order, regarding the mitigation, enforcement and immunity protections, which took effect immediately. This amendment requires that the sale of alcohol for consumption on the premises be accompanied by the sale of a meal. In addition, all sales of alcohol for consumption on the premises must cease by 11:00 p.m. Other provisions of the November 23, 2020 Order remain unchanged.

Rhode Island:

Governor Raimondo issued Executive Order 20-100 on November 20, 2020 that “pauses” social gatherings and other non-essential interactions among people for two weeks as follows:

• All Rhode Island residents are advised to stay home from 10:00 p.m. to 5:00 a.m. Sunday through Thursday and from 10:30 p.m. until 5:00 a.m. on Fridays and Saturdays unless traveling to and from work or school, traveling to obtain medical treatment, or to obtain necessities.
• Only members of a single household can gather in indoor and outdoor public and private social gathering places, including for holiday parties, parties and celebrations. Indoor weddings with licensed catering may have up to 25 people, and outdoor weddings can have up to 75 people.
• Indoor and outdoor venues of assembly shall be closed.
• Religious and faith-based organizations may conduct indoor and outdoor in-person activities up to 25% of capacity (cap at 125 people).
• The vulnerable population (65 years old and up) is strongly advised to remain home.
• Anyone who comes to Rhode Island who traveled outside the state must self-quarantine.
• Retail businesses may allow 1 customer inside per 100 square feet, unless the retail business has more than 30,000 square feet, then only 1 customer may enter per 150 square feet. Stores and other places of business with more than 30,000 square feet must make masks available to customers.
• The rules pertaining to indoor and outdoor dining and alcohol sales for restaurants and bars has not changed since the amended and restated Phase III Re-Opening. Restaurants may continue to sell liquor for carry-out and may continue limited indoor and outdoor dining options as outlined in the guidance issued by the Department of Health. Alcoholic beverages may not be served for on-premises consumption after 10:00 p.m. Sunday through Thursday or after 10:30 p.m. Friday and Saturday.
• All indoor recreational or entertainment businesses and historical/cultural establishments that are not venues of assembly shall be closed during the “pause.” Outdoor recreational/entertainment businesses may remain open.
• Nightclubs must remain closed.
• Personal service businesses may stay open subject to the Phase III guidelines.
• Gyms and fitness centers (indoor) must close during the “pause.” Outdoor activities may continue, but group classes are not permitted. Indoor sporting facilities must close.

The “Pause” shall begin on November 30 and shall remain in full force and effect through December 13.

Governor Raimondo issued Executive Order 20-101 on December 1, 2020 that extends Executive Order 20-72 (Sixty-Seventh Supplemental Emergency Declaration – COVID-19 Emergency Regulations) until December 30, 2020.

Governor Raimondo issued Executive Order 20-102 on December 2, 2020 that extends the following executive orders until December 31, 2020:

1. Executive Order 20-02 (Declaration of Disaster Emergency).
2. Executive Order 20-06 (Fourth Supplemental Emergency Declaration - Expanding Access to Telemedicine Services).
3. Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration - Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).
4. Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration - Testing, Critical Supplies and Hospital Capacity Reporting).
5. Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration - Increasing Access to Unemployment Insurance).
6. Executive Order 20-70 (Sixty-Fifth Supplemental Emergency Declaration - Hospital and Community-Based Health Care).
7. Executive Order 20-71 (Sixty-Sixth Supplemental Emergency Declaration - Further Quarantine Order).
8. Executive Order 20-94 (Eighty-Ninth Supplemental Emergency Declaration - Continuing to Require Cloth Face Coverings in Public).

Texas:

On November 11, Governor Abbott announced that the State has deployed additional resources to El Paso and Lubbock to help combat COVID-19 in these communities. These resources include medical personnel, medical equipment, personal protective equipment (PPE), mobile testing sites, and more.

West Virginia:

On December 7, Governor Justice announced that West Virginia officials submitted the state’s initial order to the CDC on December 4, 2020. The state ordered 16,575 doses of the Pfizer vaccine, which is the maximum weekly ordering cap allowed for the state at this time.

On December 4, Governor Justice provided an overview of the state’s initial allocation plan in advance of the anticipated arrival of the COVID-19 vaccine. Governor Justice announced that the estimated target receipt date for the first doses of the Pfizer vaccine is December 15, 2020. The Governor announced that West Virginia plans to receive an initial allocation of approximately 60,000 doses of the Pfizer vaccine, with weekly ordering cap of about 16,000.

West Virginia also expects it will receive its first doses of the Moderna vaccine approximately one after the arrival of the Pfizer vaccine. West Virginia plans to receive an initial allocation of 26,000 doses of the Moderna vaccine, with a weekly ordering cap of about 3,000-5,000.

Governor Justice noted that the state’s vaccine allocation may increase through the end of 2020, but that vaccine estimates are not available for 2021. Initially, there will be a limited supply of the COVID-19 vaccine when it first becomes available. The vaccine will be distributed in phases, based on risk for contracting the virus.

In accordance with the CDC’s guidelines, the first available vaccine doses will be distributed to healthcare workers, long-term care facility staff and residents, individuals critical to community infrastructure and emergency response, public health officials, and first responders.

December 3, 2020

Arizona:

Governor Ducey issued Executive Order 2020-58, which requires ADHS, in conjunction with the Arizona Department of Insurance and Financial Institutions, to require all insurers regulated by the state to waive all cost-sharing requirements for consumers related to the administration of all COVID-19 vaccinations, without regard as to whether the provider is in-network. The Order will expire upon termination of the Declaration of Public Health Emergency, or upon the effective date of a federal requirement that the COVID-19 vaccine be provided without cost-sharing.

Governor Ducey also issued Executive Order 2020-60, which directs the Arizona Department of Liquor Licenses and Control to accept and review requests by liquor licensees who seek to temporarily extend their premises outdoors to mitigate the spread of COVID-19. The Department may only approve such requests after a city, town, or county has approved the temporary extension of premises. The order remains in place until further notice and will be reconsidered for repeal or revision every two weeks.

Governor Ducey further issued Executive Order 2020-59, which, effective December 3, 2020, amends paragraph 1 of Executive Order 2020-43, and any extension under Executive Order 2020-52, by prohibiting organized public events of more than 50 people, unless the city, town, or county in unincorporated areas has determined that adequate safety precautions consistent with the CDC and AHDS’s guidance is documented as part of the request. If the event is approved, the city, town, or county is required to dedicate reasonably adequate resources to enforce mitigation measures the organizer has agreed to implement during the organized public event, as well as any public health requirements applicable in the jurisdiction. The jurisdiction must also publicly post the mitigation measures the event organizer is required to implement and enforce on the jurisdiction’s website and must submit a copy to ADHS. Requests for organized public events may be denied due to public health concerns related to COVID-19. Nothing in the order inhibits a person from engaging in constitutionally protected activities, such as speech and religion.

Effective December 3, 2020, the Arizona Department of Liquor Licenses and Control may not issue a series 15, Special License or series 16 Festival/Fair License for organized public events of more than 50 people that require approval and have not been approved. Events that do not require approval due to their size or nature must submit an attestation acknowledging attendees will follow, and event organizers will enforce, public health requirements issued by AHDS. Failure to comply with the Order and any other guidance issued by ADHS related to precautions to mitigate the spread of COVID-19 constitute a public nuisance dangerous to the public health under A.R.S. § 36-601(A), and action may be taken to abate the nuisance. The Order remains in place until further notice and shall be reconsidered for repeal or revision every two weeks.

(Tucson City): The Tucson Mayor and City Council voted to enact an ordinance which implements a mandatory curfew from 10:00 p.m. to 5:00 a.m. each night, within city limits. The ordinance will take effect at 10:00 p.m. on Friday, December 4, and will continue through Wednesday December 23, 2020.

Arkansas:

The Arkansas Department of Health has provided the following guidance for the evaluation and availability of essential healthcare workers to return to work following exposure to COVID-19:

• Workers testing positive by any diagnostic test must not return to work for at least 10 days from the date of symptom-onset. If the worker remains asymptomatic, they must not return to work for 10 days from the date the test was collected.
• Any worker who is symptomatic for COVID must stay home until they receive further guidance from their employee health program regarding testing and isolation.
• Workers who meet the criteria for close contact without appropriate personal protective equipment to a positive case of COVID shall be required to quarantine from work and community activity for 14 days from the date of last exposure.
• Workers who are quarantined must be tested by a PCR test 5-7 days after exposure unless they are excluded for a full 14 days from the date of last exposure.
• Workers who are quarantining may return to work, but not to community activities and outings, before the end of the 14 days if the following criteria is met:
  • The worker tested negative by PCR for COVID from a sample collected at least five days after exposure. Workers may not return to work before test results are received;
  • For non-direct care workers: The location where the employee works is secluded from other individuals, or has an alternate work location during quarantine period, and the employee is always masked around others regardless of distance;
  • For direct care workers: The employee must always be masked and wear a face shield;
  • The employee is monitored for symptoms, including a temperature check and symptom screening each day before beginning their shift and during the shift. If the employee develops symptoms, they must immediately leave the work environment and inform their supervisor; and
  • Breaks and meals should be scheduled and taken when no other worker is present in the break room.
• If the situation worsens and essential healthcare operations are jeopardized, asymptomatic healthcare workers who test positive for COVID may return to work prior to completion of quarantine in extremely limited situations as a last resort.

Connecticut:

On December 1, 2020, Governor Lamont signed Executive Order 90, which allows more flexibility in government and charitable functions to prevent the spread COVID-19. The order allows:

• The Department of Education to suspend the requirement that school districts request a waiver to hire short-term substitute teachers without a bachelor’s degree.
• Charitable organizations to sell alcohol for off-premises consumption as part of virtual fundraising efforts.
• Resumption of certain normal deadlines, time requirements and other statutorily set deadlines for state court procedures by December 15, 2020, at the latest.

Delaware:

On December 3, 2020 Governor Carney recommended that schools extend their winter break by making next week the final week of in-person learning this calendar year. Schools who choose to follow the recommendation should transition to remote learning for the week of December 14, 2020 for the final week before the holiday break, and then resume school with remote learning until January 8, 2020, after which point they should return to in-person hybrid instruction. This is a recommendation and is not required.

Additionally, Governor Carney announced that his office, along with the DPH, will institute a universal mask mandate statewide. The new mandate will require residents and visitors to wear a face covering anytime they are indoors with anyone outside of their immediate household. The exception is that no child under 2 years old should wear a face covering due to risk of suffocation. This is more strict than the previous mandate, which only required masks in public settings where social distancing is not possible.

Florida:

(Miami-Dade County): Mayor Daniella Levine Cava issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on December 3, 2020.

New York:

(Buffalo): Mayor Brown announced that funding support is growing for the new Buffalo Business Blitz initiative. This initiative provides $2,500 grants to small businesses struggling due to the COVID-19 pandemic.

Ohio:

On December 3, the Ohio Public Health Advisory System updated Ohio’s map of county alerts. Eight of Ohio's 88 counties are at the highest COVID-19 alert level of purple on this week's heat map, indicating "severe exposure and spread" of the coronavirus. Medina, Portage, Richland, Stark and Summit turned purple, joining Lake, Lorain and Montgomery counties. Franklin County dropped down to "red," or Level 3, indicating "very high exposure and spread."

Eleven counties were on the "watch list" last week for becoming purple if their situations didn't improve. That included Hamilton, Clermont and Warren counties in Southwest Ohio, which remain red this week.

Only eight of Ohio's 88 counties were Level 2, or orange. None was the lowest level of yellow. The rest were red.

There are no state mandates or restrictions tied to the alert levels, but the designation could inform changes at the local level. Some school districts have tied in-person classes to certain color designations. For more details on each county's indicators on the Ohio Public Health Advisory System, visit coronavirus.ohio.gov.

At his press conference, Governor Mike DeWine delayed his announcement of details about who will be first in line for COVID-19 vaccinations until Friday. Before Friday's announcement, Ohio's draft plan for vaccinations placed "high-risk" health care workers, which Governor DeWine said includes nursing home employees, and first responders as first on the vaccination list, which differs from the recommendation of a federal panel. An independent panel recommended to the Centers for Disease Control and Prevention this week that health care workers and nursing home residents be vaccinated first. Ohio's tentative plan placed nursing home residents in the second wave of vaccinations.

Furthermore, Ohio has been flagged on its own travel advisory map because the 7-day rolling average positivity rate for COVID-19 tests in the state rose above 15% for the first time since April this week. The Ohio Department of Health stated this means they recommend “to stay at home except for necessary trips for supplies.” The other states on the travel advisory list include: (1) South Dakota; (2) Iowa; (3) Kansas; (4) Idaho; (5) Alabama; (6) Pennsylvania; (7) Montana; (8) Utah; (9) Mississippi; (10) Missouri; (11) Arizona; (12) Ohio; (13) Nevada; and (14) Arkansas.

Oregon:

Oregon’s public health framework went into effect today, December 3, 2020, following the end of the statewide Two Week Freeze. This framework sets restrictions on certain activities by county based on that county’s risk level. More information can be found here.

Counties are color coded as: (1) green for lower risk; (2) yellow for moderate risk;(3) orange for high risk; and (4) red for extreme risk. The majority of the state is currently in the red zone, meaning that indoor dining is prohibited, indoor capacity is capped at 25% occupancy or 100 people total, whichever is smaller, indoor entertainment and indoor gyms are closed, among other restrictions. Specific guidance for activities permitted at each level may be found here.

Washington:

On December 2, Washington announced the opening of the third round of Working Washington grants for small businesses, with grants for up to $20,000 per business being available. Washington is offering $50M in total grant funding, prioritizing businesses with less than $5M in 2019 revenues or in industries that have been particularly impacted by COVID-19. Interested businesses are encouraged to apply by December 11, 2020.

Additionally, on December 2, Governor Inslee updated restrictions for religious and faith based organizations, clarifying that outdoor services may have up to 200 attendees and that outdoor services may occur anywhere rather than solely on the property of the organization.

December 2, 2020

Florida:

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on December 1, 2020.

(Palm Beach County): On November 25, Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through December 4, 2020

(Miami-Dade County): On November 25, Mayor Daniella Levine Cava issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on November 26, 2020.

Hawaii:

(Hawaii County): With Governor Ige’s approval, Mayor Kim issued a Fourth Supplementary Emergency Proclamation further extending the local state of emergency through December 31, 2020. Mayor Kim also issued Emergency Rule No. 13, which updates the County’s policy on face coverings and travel policies. All persons within the County are required to wear face coverings over their nose and mouth while in public settings, unless covered by the rule’s limited exceptions. Businesses are required to refuse admission or service to individuals who fail to wear a face covering and who are not subject to an exception under the rule. Face shields (plexiglass or clear plastic shields and the like) are not permissible substitutes for a face covering (which must be made of tightly woven fabric, without holes, vents, or valves), unless an exception to the face covering requirement applies. All travelers to Hawai’i Island are required to self-quarantine for 14 days unless an exemption or modification applies. The Rule identifies the specific requirements that apply to transpacific and interisland travelers who seek to enter the island under an exemption, including the negative test exception.

(Kauai County): On November 27, with Governor Ige’s approval, Mayor Kawakami issued Emergency Rule No. 23, revoking the negative test exception for all travelers entering the County. All travelers entering into the County of Kauai (either inter-county travelers or travelers to the State) who do not have a valid exemption from the State are required to enter into a mandatory 14-day self-quarantine. The Rule takes effect at 12:01 a.m. on December 2, 2020.

Iowa:

On December 2, Governor Reynolds announced the launch of the Iowa Arts and Cultural Recovery Program, which will provide grants to arts venues, cultural organizations, and individual artists who have lost significant business of income due to the pandemic. Nonprofit cultural organizations, live music venues, and government owned cultural venues may be awarded $1,500 to $250,000, and individual artists may be awarded $500 to $5,000. Award amounts will be capped at 50% of total eligible revenue losses and expenses.

Grant funds must be used to cover lost revenue and/or necessary expenses incurred due to the COVID–19 public health emergency for which other federal, state, local, or private relief funding has not already been received, and for State or government entities, the expense must not have been accounted for in the applicant’s most recently approved budget as of March 27, 2020. Grant funds must be spent on eligible expenses incurred between March 1, 2020 and December 30, 2020.

Entity applicants must (i) be registered to do business in the State of Iowa with the Secretary of State’s Office, (ii) have been in existence and offering programming accessible to the public since March 1, 2019, and (iii) have annual operating expenses of $10,000 or more for the most recent fiscal year, in addition to the follow applicant-specific requirements:

Nonprofit Cultural Organization

• located in Iowa and incorporated in Iowa under the Iowa Nonprofit Corporation Act and hold federal 501(c)3 tax-exempt status; and
• have an arts, humanities, or interpretative sciences focused mission statement.

Live Music Venue

• own, rent, or lease a physical space in Iowa with defined areas for performers and audience members;
• charge a fee to attend live music performances through ticketing or entrance fee;
• market specific live music acts through print, digital and/or social media; and
• earn substantial revenue from ticketing and entrance fees charged, as well as food, beverage and merchandise sold, to attendees of live music performances.

Government Owned Cultural Venues

• located in Iowa; and
• own the cultural venue.

To be eligible for a grant, an individual Iowa artist must (i) be a legal, current resident of Iowa, (ii) be 21 years of age or older, (iii) maintain a business that is physically located in Iowa, and (iv) have incurred substantial financial loss from cancellations, closures and/or decreased customer demand as a result of COVID-19.

Program FAQs can be found here. Additionally, the Iowa Arts Council will host two one-hour zoom webinars on December 4, 2020 to further explain the application guidelines. The first webinar will take place at 10:00 a.m. and is intended for organizations and music venues. The second webinar will take place at 2:00 p.m. and is intended for individual artists.

Applications will be accepted from December 2, 2020 until December 11, 2020 at 11:59 p.m. and applications can be found here and application decisions will be made by December 30, 2020.

Kansas:

On December 2, Governor Kelly announced Kansas will receive its first shipment of the COVID-19 vaccine by mid-December. The governor said the Pfizer and Moderna vaccines could be authorized for emergency use as soon as December 10 and December 14 respectively. Pfizer will then send a shipment of 24,000 doses followed by 49,000 doses from Moderna. Weekly shipments are expected afterward for an anticipated 150,000 doses by the end of the month, the governor said. Governor Kelly said Kansas will receive 150,000 vaccine doses by the end of December, enough to vaccinate 75,000 people.

The vaccine will be administered in phases. Phase 1 begins with high-risk healthcare workers and nursing home residents. Phase 2 includes other healthcare workers and Kansans over 65 years old. Phase 3 of the vaccine is then for people who are not high risk. Governor Kelly said “We will work to make sure as many Phase 1 people are vaccinated as possible by the end of the month. Phase 2 and 3 will be administered on a rolling basis between winter and late spring.”

The Pfizer vaccine will be delivered to pre-positioned locations across Kansas that are equipped with ultra-cold storage. Other storage will be set up for the Moderna vaccine. The vaccine itself will be free, but providers can charge an administrative fee for giving the shot. No one will be turned away if they cannot afford the fee. Governor Kelly said short-term funding will finance the initial distribution of the vaccine, but CARES funding ends December 30.

Louisiana:

On December 2, Governor Edwards announced that Louisiana is expecting vaccine distribution in the next few weeks. Louisiana is anticipating 40,000 doses in the first week of the Pfizer vaccine distribution, and an additional 40,000 doses in the next week. After that, Governor Edwards expects to get more vaccines weekly once more vaccines are approved, such as Moderna and Johnson and Johnson. Governor Edwards stated that Louisiana will act in good faith based off what the White House Coronavirus Task Force suggests when it comes to who will receive the first batches of vaccines.

According to Admiral Brett Giroir, assistant secretary for Health at the U.S. Department of Health and Human Services, the goal is to give medical workers the vaccine first, but if hospitals are overwhelmed with patients a case could be made to give vaccines to those in the hospital first. Admiral Giroir said that vaccine distribution is now at the "microplanning" phase. The U.S. Department of Health and Human Services is reaching out to state's National Guard units as well as pharmacies, which is the last step before vaccines are distributed.

Oregon:

Governor Brown announced that 25 counties would be classified as extreme risk following the end of Oregon’s statewide Two Week Freeze on December 3, 2020. Five counties will be classified as high risk, while two counties will be deemed moderate risk and four counties will be lower risk. These risk levels trigger associated restrictions for gatherings, eating and drinking establishments, retail stores, and recreation, fitness, and entertainment establishments.

December 1, 2020

District of Columbia:

On November 30, 2020, Mayor Bowser delivered the COVID-19 situational report which reported on Housing Stabilization Grants funded through the CARES Act. The grants will provide $10 million in direct assistance to certain housing providers who provide affordable housing to DC residents. Applications for grants through the program open December 1, and will close on Friday, December 11, and will assess applicants on a rolling basis.

Florida:

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on December 1, 2020.

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through December 4, 2020.

(Miami-Dade County): Mayor Daniella Levine Cava issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on November 26, 2020.

Georgia:

On November 30, 2020, Governor Kemp issued Executive Order 11.30.20.01, which extends the Public Health State of Emergency in Georgia. This Order extends the State of Emergency through January 8, 2021. Additionally, Governor Kemp issued Executive Order 11.30.20.02, extending “Empowering A Healthy Georgia” Order until 11:59 p.m. on December 15, 2020.The extended Order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, the Order suspends any state laws “which limits the types of vaccines pharmacists or nurses may administer…to the extent necessary to allow pharmacists and nurses to administer a COVID-19 vaccination under a vaccine protocol agreement.” The Order similarly suspends any state law “which requires vaccine recipients to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the vaccine…to the extent necessary” for the administration of a vaccine. The new guidelines are in anticipation of a possible COVID-19 vaccine being released over the next month.

Hawaii:

(Kauai County): With Governor Ige’s approval, Mayor Kawakami issued Emergency Rule No. 23, revoking the negative test exception for all travelers entering the County. All travelers entering into the County of Kauai (either inter-county travelers or travelers to the State) who do not have a valid exemption from the State are required to enter into a mandatory 14-day self-quarantine. The Rule takes effect at 12:01 a.m. on December 2, 2020.

(Hawaii County): With Governor Ige’s approval, Mayor Kim issued a Fourth Supplementary Emergency Proclamation further extending the local state of emergency through December 31, 2020. Mayor Kim also issued Emergency Rule No. 13, which updates the County’s policy on face coverings and travel policies. All persons within the County are required to wear face coverings over their nose and mouth while in public settings, unless covered by the rule’s limited exceptions. Businesses are required to refuse admission or service to individuals who fail to wear a face covering and who are not subject to an exception under the rule. Face shields (plexiglass or clear plastic shields and the like) are not permissible substitutes for a face covering (which must be made of tightly woven fabric, without holes, vents, or valves), unless an exception to the face covering requirement applies. All travelers to Hawai’i Island are required to self-quarantine for 14 days unless an exemption or modification applies. The Rule identifies the specific requirements that apply to transpacific and interisland travelers who seek to enter the island under an exemption, including the negative test exception.

Indiana:

Governor Holcomb signed Executive Order 20-49, which is the Ninth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak. The order renews the declaration of a public health disaster emergency for another 30 days, through December 31, 2020. All other executive orders issued since March 6, 2020, which are contingent on the public health emergency declaration are renewed for the same 30-day period.

Michigan:

Director Gordon, of the Michigan Department of Health and Human Services, signed the latest order relating to COVID-19, titled Testing of State of Michigan Nursing Home Inspection Staff. The order requires that the Michigan Department of Licensing and Regulatory Affairs (“LARA”) must complete weekly COVID-19 testing of nursing home inspection staff and provide proof of a negative test result within the last seven days before inspection staff may enter a nursing home. Nursing home inspection staff must also get tested for COVID-19 as soon as possible if experiencing COVID-19 symptoms or if the staff member has a suspected or confirmed exposure to an individual with COVID-19.

The order went into effect on December 1, 2020 and will remain in effect until May 1, 2021, unless otherwise rescinded.

Mississippi:

Governor Reeves issued Executive Order 1533 on December 1, 2020, which will remain in effect until December 11, 2020. The Order adds the following counties to the Safe Return Order’s mask mandate and gathering limitations: Adams, Amite, Coahoma, Franklin, Jefferson, Kemper, Monroe, Noxubee, Oktibbeha, Quitman, Scott, Sunflower, and Washington. In addition to a face mask mandate, counties that are included in the Safe Return Order (now totaling at least 50) must limit gatherings of groups to no more than 10 people indoors and no more than 50 people outdoors if social distancing is not possible.

Nevada:

(City of Henderson): On December 1, the City of Henderson announced the Henderson Restaurant Response Grant program, which will provide grants of up to $10,000 to 100 restaurants located in the City of Henderson that have been impacted by COVID-19. Grant funds may be used for costs associated with social distancing, including new seating and/or tables, redesign of indoor or outdoor space (including outdoor heating), and signage and dividers (for open or closed areas), staggered business model expenses (e.g., employee or disinfection expenses), pre-packaged food requirements, lighting or tent structures, outside waiting areas, entrance monitoring stations, reservation systems, and other materials. And modifications paid for with grant funds must be compliant with City of Henderson standards.

To be eligible for the grant, the restaurant must:

1. Be located in Henderson;
2. Have a physical Henderson mailing address (no PO boxes) or provide other proof the restaurant operates in Henderson; and
3. Be required to make modifications to the restaurant or restaurant operations pursuant to Section 16 of Directive 035 in order to continue operating.

Restaurants that have received funds from rounds 1-3 of the City of Henderson Small Business Recovery Grants are eligible for this grant, so long as the cumulative total of grant funds awarded to a restaurant under these programs does not exceed $50,000.

Applications open December 1, 2020 at 10:00 a.m. and close on December 4, 2020 at 5:00 p.m. or when 200 applications are received, whichever occurs first. Grants will be awarded on a first come, first served basis and eligible restaurants may apply here.

New Jersey:

On November 25, the New Jersey Department of Community Affairs issued guidance for restaurants and similar establishments on the utilization of outdoor space during the winter months. Any establishment that wants to maintain the use of tents past November 30, 2020 are required to apply for a UCC permit from their local construction office. Additionally, a permit is required for any electrical equipment, electric wiring, or mechanical equipment. For additional guidance about the new outdoor dining guidelines visit here.

Governor Murphy announced New Jersey strongly discourages all non-essential interstate travel. Travelers and residents returning to the state from anywhere outside the immediate region (including New York, Connecticut, Pennsylvania, and Delaware) should self-quarantine in their home, hotel or other lodging for 14 days.

On December 1, Governor Murphy signed Executive Order No. 204 pausing all indoor practices and competitions for youth and adult sports from December 5, 2020 to January 2, 2021. This restriction doesn’t apply to collegiate and professional sporting activities and private fitness classes, lessons, and trainings at gyms, studios and other locations. All other outdoor gatherings are limited to 25 people. However, this outdoor gatherings restriction doesn’t apply to weddings, funerals, memorial services, religious activities and political activities.

New York:

On November 30, Governor Cuomo announced New York’s plan for combating COVID-19 for this winter. The winter plan consists of five targeted strategies focused on mitigating the spread of the virus and bolstering New York State Hospital preparedness. The plan includes strategies like increasing testing resources and availability, preventing the viral spread from small gatherings, etc.

(New York City): On November 28, Mayor de Blasio signed Executive Order 164 extending the State of Emergency declaration in New York City until December 3.

On November 25, Mayor de Blasio and the NYC Department of Small Business Services Commissioner announced three financial assistance programs available for small businesses in low-to-moderate income neighborhoods. The three programs provide critical resources to small businesses to help them out of the COVID-19 pandemic. To see more information about this these programs or to apply, visit here.

North Carolina:

On December 1, Governor Roy Cooper stated that the COVID-19 vaccine will be free to anyone in North Carolina who wants it. As soon as the FDA grants approval for the use of any vaccine, the state is expecting to receive more about 85,000 doses. It will first be given to health care workers in hospitals and long-term care facilities who treat or work with COVID patients and those who clean areas where COVID patients are present. The state estimates that some of those 161,000 people statewide will begin to get their shots by the end of December. That group is more narrow than the Phase 1 recipients recommended by a panel of independent advisers to the US Centers for Disease Control and Prevention.

As additional vaccines are approved, the state will get additional allocations and will expand distribution to others. By January, the vaccine will make its way to other high-risk adults. The second group targeted by the state will be residents of long-term care, people over the age of 65 who live in crowded situations such as jails and homeless shelters, and other adults who have two or more chronic conditions that put them at greater risk for a severe case of the coronavirus. That group is estimated to number up to 951,000.

Vaccinating the rest of those at high risk for exposure to COVID-19 will encompass another 1 to 1.5 million people – everyone over 65, those under 65 in crowded situations or who work in frontline jobs and don't have two or more chronic conditions.

The third phase makes vaccine available to anyone in an essential position, according to the state "workers in industries critical to societal functioning," and students in K-12 schools and colleges and universities.

The final phase would include the remainder of the North Carolina population.

Ohio:

On December 1, Governor Mike DeWine discussed plans to distribute the COVID-19 vaccine to Ohioans. Governor DeWine said he expects Ohio could receive its first shipment of the Pfizer vaccine by December 15. Another vaccine from Moderna may ship by December 22 if it's granted emergency authorization.

For the Pfizer vaccine rollout, an Ohio warehouse will be operated by the Ohio National Guard and can store up to 720,000 doses of a COVID-19 vaccine. The Pfizer vaccine is expected to ship in packages of 975 doses to warehouse but will also be sent directly to 10 hospitals throughout Ohio, including Ohio State University Wexner Medical Center and OhioHealth Riverside Methodist Hospital, according to the state. Each package of vaccine will be delivered to the providers within six hours. The vaccine will remain stable for up to five days if sealed in the original shipping container from the warehouse with dry ice.

The state doesn't plan to use the warehouses to redistribute Moderna's vaccine, as it will be shipped directly to health care providers.

Oregon:

(Multnomah County): On November 30, 2020, Multnomah County announced that it would begin offering grants to restaurants, food carts, caterers, benevolent organizations, and bed and breakfasts, so long as those establishments held five or fewer operator licenses. The grant amounts are $500 per food cart license and $1,500 per restaurant or other food service license. Grants applications are open until 5:00 p.m. Pacific on December 15, 2020 and can be found here.

Washington:

Governor Inslee announced a statewide COVID-19 exposure application for smartphones on Monday, November 30. The app would alert a user if they spent time near another user who later tests positive for COVID-19.

Wisconsin:

(Milwaukee): Milwaukee County revised Administrative Order 20-17-v2, issuing Administrative Order 20-17-v3, effective December 1, 2020 at 12:01 a.m. The order states that on December 7, 2020 or as soon as possible, Public Safety Officers (PSOs) at the Courthouse Complex., Vel Phillips Juvenile Justice Center, and Zoofari should administer the visitor questionnaire and screen all visitors, all indoor departments should post the visitor questionnaire and screen all visitors, and all other departments should post the visitor questionnaire. The order also states that any unit with persons in care or custody must be given a full health screening at the time of intake and before any transfer is made within the facility or to a new facility. The order reiterates the daily screening requirements of Milwaukee County employees, contractors and visitors as outlined in v2.

Milwaukee County also revised Administrative Order 20-7v3, issuing Administrative Order 20-7v4, Procedures for Responding to Individuals with Confirmed Cases of, Symptoms of, or Exposure to COVID-19, effective December 1, 2020 at 12:01 a.m. This order updates testing requirements, provides additional risk mitigation procedures, adds provisions for departments to undertake contact tracing among employees in cases of Exposure to COVID-19, and adds new return to work procedures for Exposed employees who have had, and recovered from, a Confirmed Case of COVID-19.

The order outlines that supervisors should identify employees and persons in care or custody who have had exposure to an individual with a confirmed case of COVID-19 in the 19-48 hours prior to symptoms through the time of a positive test. Such exposed employees should follow the procedures in Section IV and those in care or custody should be quarantined for 14 days.

The order also states that the Department Head may reduce quarantine requirements for Critical Infrastructure Workers that have screened as Red status when the employee has no symptoms of COVID-19. However, the Critical Infrastructure Worker is required to get a PCR test 5-7 days after their most recent exposure prior to returning to work.

November 30, 2020

Connecticut:

On November 24, Governor Lamont signed Executive Order 9N, which increases fines for businesses who violate the state’s COVID-19 sector rules and capacity limits to $10,000 per violation. Those sector rules, which are currently set to “Phase 2.1,” impose a series of capacity limits, spacing requirements and limits on hours of operation on various businesses and organizations. All sector rules and regulations have been posted to the Connecticut Department of Economic and Community Development website.

Delaware:

On November 25, Governor Carney issued the Ninth Extension of the Declaration of a State of Emergency, which extends the state’s current emergency declaration for another 30 days to limit the spread of COVID-19. Delaware state law requires the governor to official state of emergency every 30 days.

Maine:

On November 24, Governor Mills signed a proclamation extending Maine’s state of civil emergency through December 23, 2020.

Maryland:

On November 25, Governor Hogan ordered a renewal of the Declaration of State of Emergency and Existence of Catastrophic Health Emergency due to COVID-19.

Ohio:

On November 30, Governor DeWine announced the creation of a new program that will help improve indoor air quality and reduce the transmission of COVID-19 in nursing homes, assisted living centers, and adult day centers during a COVID-19 briefing. Governor DeWine said eligible recipients can receive up to $15,000 to address indoor air quality through HVAC inspections, portable air filtration systems, new filtration systems, maintenance on current systems, and other interventions.

Eligible employers include: (1) Nursing homes licensed by the Ohio Department of Health (ODH); (2) Assisted living/residential care facilities licensed by ODH; (3) Adult day centers that are Medicaid providers; and (4) Adult day support providers that are Medicaid providers and have completed Provider Assurance Forms to DODD.

More information can be found here.

Oregon:

(Multnomah): Multnomah County announced on November 27, 2020, that it will comply with the COVID-19 mitigation measures announced by Governor Brown and the Oregon Health Authority, effective as of December 3, 2020, following the Two Week Freeze currently in place. These measures will:

• Limit social gatherings to six (6) people;
• Close indoor dining and limit outdoor dining to a maximum of 50 people;
• Close indoor recreation, fitness, and entertainment establishments;
• Set a maximum of 50% capacity for retail stores and shopping malls;
• Set a maximum of 25% capacity for faith institutions, funeral homes, cemeteries, and mortuaries;
• Limit long-term care facilities to outside visitation only;
• Require remote work for businesses if able, including closing offices to the public; and
• Set a maximum of 50 people for outdoor recreation, fitness, and entertainment establishments.

South Carolina:

Governor McMaster issued Executive Order No. 2020-73 on November 25, 2020 which modifies, consolidates and continues the previous Emergency Measure executive order as follows:

• Face coverings are required in state government buildings and facilities unless if the person: is a child under the age of two; is attempting to communicate with someone who is hearing-impaired; has a health condition that prevents them from wearing a face covering; is actively engaged in eating or drinking; is engaged in strenuous exercise; is operating a vehicle alone or with members of their same household; is voting or assisting with administration of an election; is removing the face covering to identify themselves; is incarcerated in a correctional institution or short-term detention facility; or if wearing the face covering would create a health or safety risk for them.
• Several rules were issued for restaurants. Restaurants: shall take reasonable steps to incorporate and comply with all state, federal and CDC promulgated industry guidance to limit exposure to and prevent spread of COVID-19; shall require all employees, customers, patrons, suppliers, and other visitors to wear face coverings unless actively engaged in eating or drinking; shall not permit the sale or consumption of alcohol between the hours of 11:00 p.m. and 10:00 a.m.; shall space tables at least six feet apart; shall not allow more than 8 patrons to sit at one table (exclusive of family units or members of the same household); shall adopt and enforce a process to ensure patrons maintain a minimum of six feet of separation from other parties while seated; shall not allow patrons to stand/congregate in any bar area; shall post signage at each public entrance informing others that entry is prohibited for anyone who is experiencing symptoms of COVID-19 or has tested positive for COVID-19 in the past 14 days; should encourage their employees to stay home if they are feeling sick; should remove common-use condiments, such as salt and pepper; should utilize disposable paper menus if possible; shall provide a cleaning station or alcohol-based hand sanitizer at all entry points; and shall discontinue self-service buffets.
• Several rules were issued for gatherings: the total number of people present at a gathering shall not exceed 50% of the location’s occupancy limit, or 250 people, whichever is less; everyone at a gathering shall wear a face covering; alcohol is not allowed to be sold or consumed at any gathering between the hours of 11:00 p.m. and 10:00 a.m.; and the organizer/owner/host of any gathering shall take reasonable steps to incorporate, implement, comply with, and adhere to any applicable sanitation, “social distancing,” and hygiene guidelines promulgated by the CDC, DHEC, or any other state or federal public health official. Any organizer/owner/host of a gathering may seek clarification regarding the application of this Executive Order to any particular gathering by contacting the Department of Commerce.

This Executive Order shall remain in effect for the duration of the State of Emergency.

Washington:

Governor Inslee issued Proclamation 20-24.2, which shall be effective on December 3, 2020 until the end of the COVID-19 state of emergency, concerning additional requirements for health and dental facilities. This proclamation increases the requirements a health or dental facility must meet in terms of, among other factors, PPE supplies, testing of health care professionals, community hospital capacity, and social distancing inside the facility before being able to offer non-urgent medical procedures.

West Virginia:

On November 30, Governor Justice along with several state health experts announced that all hospitals and hospital systems across the state have been asked to reevaluate the surge plans originally crafted several months ago during the state’s reopening initiative, “West Virginia Strong-The Comeback.” The Governor has asked hospitals to update their plans to account for the recent increase in COVID-19 case numbers across the state, and to consider temporarily reducing the number of elective medical procedures being performed.

Specifically, Governor Justice has asked hospitals to look at surgeries that are scheduled for the next 45 days and determine which of those surgeries can be postponed, so those hospitals can put off those surgeries that require an inpatient stay that would use a hospital bed that may be needed by a patient with COVID-19. Each hospital has been asked to submit a plan through the state hospital association.

November 24, 2020

Delaware:

On November 24, Governor Carney announced the creation of the Higher Education Relief Fund. This fund, which is funded by the CARES Act, will commit $45 million dollars to Delaware colleges and universities to help those institutions mitigate expenses related to COVID-19. Eligible uses of the funds include:

• Personal protective equipment
• Equipment purchased to make buildings suitable for COVID-19 safety (plexi-glass, air purifiers)
• Enhanced cleaning and disinfecting services
• Expenses for technical assistance on mitigation of COVID-19 related threats
• Costs incurred to conduct enhanced screenings for employees and students
• Technology and tele-services needed to adjust to COVID-19 response
• Signage necessary because of the pandemic
• Marketing and media expenses incurred to respond to COVID-19

District of Columbia:

On November 23, Mayor Bowser issued an order modifying Phase Two operations regarding outdoor and private indoor gatherings, capacity restrictions for restaurants and houses of worship, and various fitness activities. The order also strongly encourages continued telework. Under the order, restaurants may continue to operate for patrons until midnight, but alcohol sales must cease at 10:00 p.m. Also, the order reduces indoor occupancy of restaurants from 50% to 25% effective as of Monday, December 14, 2020. The live entertainment pilot previously announced by the Mayor has been suspended.

Florida:

Governor DeSantis issued Executive Order No. 20-297, which further extends Executive Order 20-244 (which among other things, suspended the collection of COVID-19 fines and penalties levied upon individuals, and restricted ordinances which attempt to prevent an individual from working or operating a business, and which also prevents any local government from limiting indoor capacity for restaurants, to less than 50%), for the duration of Executive Order 20-52, as extended.

Hawaii:

On November 23, Governor Ige issued a Sixteenth Supplementary Proclamation which clarifies that the second exception to the self-quarantine requirement applies to persons who prior to departure to the State, upload into the State’s Safe Travels program, or otherwise provide written hard copy confirmation from a DOH approved COVID-19 testing facility of a negative test result from an observed test administered to the traveler within 72 hours from the final leg of departure.

Kansas:

On November 23, Governor Kelly announced that she has sent a letter to President Donald Trump requesting his approval of an extension to Title 32 authority, allowing Kansas to continue utilizing the Kansas National Guard in its efforts to combat the spread of COVID-19, keep Kansans safe, and keep schools and businesses open. Title 32 allows governors to mobilize their state’s national guard in order to respond to natural disasters or other emergencies.

(Miami County): On November 23, the Miami County Board of County Commissioners voted 3-2 to adopt Governor Kelly’s mask order.

Louisiana:

On November 24, Governor Edwards announced that the aggressive third surge of COVID-19 across all regions of Louisiana has made it necessary to impose tighter mitigation measures and step back to Phase 2 in order to protect public health.

The Governor’s updated Phase 2 proclamation, which is slightly modified from the summer, takes effect on Wednesday, November 25. The order will run for four weeks. The Governor intends to keep these restrictions in place at least through the end of the year.

It calls for reducing occupancy at some businesses, decreasing gathering sizes, limiting indoor consumption at many bars and urges everyone in Louisiana to avoid gatherings with people outside of their everyday households. Major changes to Louisiana’s COVID-19 restrictions include:

• All restaurants are limited to 50% of their indoor capacity. Restaurants should move as much dining outdoors as they can. Social distancing is required.
• For bars in parishes above 5% positivity, bars are closed to indoor sales and consumption but open for outdoor consumption at tables only and at 25% capacity, with a maximum of 50 people. Social distancing is required. Take-out and delivery will still be available.
• Retail businesses must operate at 50% capacity, except for essential businesses, as defined by federal guidance from the Cybersecurity and Infrastructure Security Agency.
• Gyms may be open at 50% of their capacity.
• Places of worship will remain at a maximum of 75% of their capacity or the number of people who can physically distance with at least six feet between each immediate household. The State Fire Marshal will put out additional COVID mitigation measures to make services safer.
• Barber and beauty shops, and nail salons may open at 50% of their capacity.
• Movie theaters may open at 50% of their capacity.
• Indoor gatherings at event/receptions centers are limited to 25% capacity or up to 75 individuals.
• Outdoor gatherings at event/reception centers are limited to 25% capacity or up to 150 individuals when strict physical distancing is not possible.
• All sporting events will be capped at 25% capacity.

Louisiana’s statewide mask mandate, which has been in place since mid-July, will continue. In addition, Governor Edwards encourages any business that can allow its employees to work remotely to do so. He has directed all state agencies to do the same. For complete guidance on the new Phase 2, visit the Open Safely portal at opensafely.la.gov.

Mississippi:

Governor Reeves issued Executive Order 1532 on November 24, 2020, effective beginning November 25, 2020 through December 11, 2020 unless modified or rescinded. It places the following counties under the mask mandate contained in Orders 1530 and 1527: Alcorn, Attala, Bolivar, Chickasaw, Choctaw, Jefferson Davis, Jones, Lafayette, Lawrence, Lincoln, Lowndes, Neshoba, Panola, Perry, Prentiss, Stone, Tippah, Tishomingo, and Union.

Nebraska:

On November 23 Governor Ricketts held a press conference to provide updates on the work of Nebraska to slow the spread of the virus. The Governor reminded Nebraskans that the State will move to the most restrictive “red” phase of its pandemic response when coronavirus hospitalizations reach 25% of staffed hospital beds in Nebraska. Currently, the State is in the “orange” phase, which is the second most restrictive (hospitalization data available here).

Nevada:

On November 23, Governor Sisolak issued Emergency Directive 035, which formalized the restrictions announced by Governor Sisolak on November 22, 2020.

Effective for three weeks beginning on November 24, 2020 at 12:01 a.m.:

• Private social gatherings shall be limited to 10 people or less from no more than 2 households, whether held indoors or outdoors.
• Public social gatherings shall be limited to no more than 50 people or 25% of the fire code capacity, whichever is less; provided that if the fire code capacity is less than 200 people but at least 50 people, the gathering may still be held with up to 50 people if able to be conducted in a manner consistent with required social distancing.
• Food and beverage establishments, including but not limited to restaurants, bars, pubs, wineries, distilleries, and breweries shall be limited to 25% occupancy based on the applicable fire code, reservations shall be required if the establishment sells food, tables must be limited to no more than 4 people per table, and face coverings must be worn at all times except when actively eating or drinking.
• Gyms, fitness studios, dance studios, martial arts studios, and similar establishments shall be limited to 25% occupancy based on the applicable fire code, social distancing must be maintained, face coverings must be worn at all times regardless of the physical activity, and locker rooms, showers, and other communal facilities must remain closed to the public (with the exception of pools and child care facilities that comply with the Directives).
• Gaming establishments shall be limited to 25% occupancy based on the applicable fire code and must operate pursuant to requirements issued by the Nevada Gaming Control Board, including health and safety policies.
• Arcades, racetracks, bowling alleys, mini golf, amusement & theme parks, libraries, museums, art galleries, aquariums, zoos, and similar activities shall be limited to 25% occupancy based on the applicable fire code.
• Retail stores shall be limited to 50% occupancy based on the applicable fire code, and retail and grocery stores with over 50,000 square foot capacity must have persons at all public entrance counting the number of patrons in order to manage capacity, maintain health screening signage at all public entrances, and are encouraged to conduct temperature screenings before entry.
• In addition to the restrictions applicable to public social gathering, live entertainment venues must ensure all attendees are seated and the venue must maintain at least 25 feet of space between the artists and the audience.
• All businesses and venues subject to capacity limitations must post signs at public entrances identifying their COVID-19 adjusted capacity based on the occupancy limitations imposed by the Directive.

New York:

(New York City): On November 23, Mayor de Blasio signed Executive Order 163 extending the State of Emergency declaration in New York City until November 28.

North Dakota:

On November 23, the North Dakota Emergency Commission approved the reallocation of approximately $35 million in turned-back federal funding to support the state’s COVID-19 response, including $15 million to support medical staffing and nearly $14 million to support economic recovery.

The funding reallocated by the Emergency Commission includes:

• $15 million for hospital staffing.
• $8 million to the Department Commerce for expansion of the Hospitality Economic Resiliency Grant program to include the hotel and motel industry. Hotel and motel operators will be eligible for grants of up to $40,000 per location, with a maximum of $80,000 for applicants with multiple locations. Applicants must be a North Dakota business and demonstrate negative financial impact from the pandemic.
• $6.1 million to cover payroll costs for Department of Corrections and Rehabilitation correctional officers and medical staff.
• $2.65 million to Job Service North Dakota for reimbursable employers. This funding is meant to cover 50 percent of the unemployment insurance benefit costs that have been paid to the employees of reimbursable employers who experienced job loss or periods of layoff due to the pandemic. The federal government is already covering 50 percent of the costs through the CARES Act, and without the $2.65 million in this allocation, reimbursable employers are struggling to cover the remaining costs. Reimbursable employers are entities such as schools, hospitals, long-term care entities, other health care entities, providers of services and care for the disabled/developmental disabilities, nonprofit childcare, state and local governments, and other nonprofit entities.
• $2.5 million for a program to provide medical expense assistance for first responders and health care workers who are eligible for expanded worker’s compensation benefits under Executive Orders 2020-12 and 2020-12.2.
• $800,000 in grants for qualifying nonprofit organizations that have been negatively impacted by the pandemic and are at risk of folding due to the inability to generate revenue through performance events and education programs. The North Dakota Council on the Arts expects more than 80 organizations to qualify for the grants to assist with salaries and operating expenses.

On November 22, the North Dakota Department of Health began rolling out free rapid testing for K-12 teachers, staff and administrators this week as part of a pilot project to identify asymptomatic COVID-19 cases to help quickly isolate and prevent further spread of the virus. Testing of K-12 teachers, staff and administrators will begin this week in the Fargo, West Fargo and Dickinson school districts. Testing is highly recommended in order to proactively isolate positive cases and keep educational spaces safe for students and staff. Staff members who work closely with students are strongly encouraged to participate weekly. Testing is limited to K-12 personnel; students will not be tested. The plan is to test teachers, staff and administrators weekly until December 31, 2020.

On November 20, the Behavioral Health Division reminded residents of the Parents Lead website offering resources not only for parents but also for community members and professionals. The primary goal of Parents Lead is to provide parents and caregivers with tools and resources to support them in promoting the behavioral health and well-being of their children. Interested individuals can also follow Parents Lead on Facebook, Instagram and Pinterest.

Rhode Island:

Governor Raimondo issued Executive Order 20-99 on November 24, 2020 that extends the following executive orders until December 23, 2020:

1. Executive Order 20-29 (Twenty-Sixth Supplemental Emergency Declaration - Promoting Better Coordination of Health Care Coverage).
2. Executive Order 20-39 (Thirty-Sixth Supplemental Emergency Declaration - Authorizing adjustments to Child Care Subsidies and Reimbursement Rates).
3. Executive Order 20-56 (Fifty-First Supplemental Emergency Declaration - Adjustment to Wavemaker Fellowship Program).
4. Executive Order 20-68 (Sixty-Third Supplemental Emergency Declaration - Setting the Minimum Weekly Base Rate for Unemployment Insurance).

South Carolina:

Governor McMaster issued Executive Order No. 2020-72 on November 23, 2020. Effective immediately until December 8, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-63 (Amending & Consolidating Emergency Measures) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

Washington:

On November 20, Governor Inslee announced additional financial support funds for families and businesses impacted by the COVID-19 pandemic. "We know this pandemic is taking an economic toll," Inslee said during a press conference Friday. "On Sunday we announced $50 million in business supports, but after more discussions with legislators and our agencies, we’ve agreed on how to more than double that."

In addition to funds announced on Sunday, the total new economic supports amount to $135 million. Included in that total is:

• $70 million in business support grants.
• $30 million for the recovery loan program.
• $20 million for rental assistance.
• $15 million for energy bills for low-income households.

Included in the $70 million in business support grants is $50 million for a new round of Working Washington grants focused on the hardest-hit industries. Remaining funds will go toward historically disadvantaged businesses who applied for earlier business grants and bolstering Commerce’s business resiliency network.

The grants will be allocated first to businesses most impacted by both COVID-19 and the most recent measures taken to address public safety. Equity will also be a priority in making allocation decisions. In addition to the new funds, there will also be separate business support programs coming from local governments. Find more information on available business assistance here.

November 23, 2020

Alabama:

On November 23, 2020, The State of Alabama opened up applications for $200 million in Revive Plus Grants to businesses impacted by COVID-19.

The program awards up to $20,000 in business expenses to each applicable entity that suffered business interruption losses as a result of the COVID-19 pandemic. The Revive Plus grants are the second wave of relief offered by the state of Alabama to small business by way of the CARES Act.

The grants are awarded on a first-come, first-serve basis to businesses who have not also sought relief for the claimed items in the past from the state of Alabama. To be eligible, the entity must be a business with less than 50 employees, a nonprofit entity or a faith-based organization that was in operation on or before March 1, 2020.

More information on the grant program can be found here.

Arizona:

Governor Doug Ducey issued Executive Order 2020-57, an Enhanced Surveillance Advisory Monitoring the Administration of COVID-19 Vaccination. The Order does not require a person to obtain a vaccine for COVID-19 when one becomes available but permits employers to implement policies for employees that are consistent with law for such a requirement. The Arizona Department of Health Services shall collaborate with the CDC and HHS, The Association of Public Health Laboratories, and Signatories of the Public Health IIS Interjurisdictional Memorandum of Understanding, by sharing the State’s COVID-19 immunization and vaccine administration information with the entities. Any individual or local health agency that administers a COVID-19 vaccine shall report information relating to the identity of the individual vaccinated, the vaccine product itself, how administered and when, and the location at which administered. All insurers regulated by the State shall be required to cover influenza and pandemic vaccines and administration without regard to whether the provider is in-network. The order terminates after 60 days unless renewed.

Connecticut:

On November 20, 2020, Gov. Ned Lamont signed Executive Order No. 9M, which makes several regulatory changes regarding education, sports and liquor permits. The order:

• Allows the commissioner of the Department of Economic and Community Development to establish all mandatory safety rules to all sports operating during the pandemic.
• Extends permit renewal periods for liquor sales associated with airports, sporting events and universities such that existing permits would expire on February 9, 2021 and allows refunds for renewal fees that have already been paid for those renewals.
• Extends the time frame for plumbers and electricians to earn continuing education credit, through all means including online learning, to February 9, 2021. The time period for renewing their licenses will remain in place according to existing deadlines.

Delaware:

On November 20, 2020 Governor Carney officially issued his Third Revisions to the Omnibus COVID-19 Order (originally issued September 3, 2020). These revisions incorporate the additional measures we outlined in the below update from November 17, 2020, concerning Governor Carney’s November 17, 2020 announcement. These measures include the following restrictions:

• Indoor gatherings inside of homes are limited to 10 people or less
• Indoor gatherings outside of homes must be limited to 30% of capacity, up to 50 people. This restriction applies to weddings, funerals, houses of worship, political gatherings, etc.
• Outdoor public gatherings are limited to 50 people However, up to 250 people may be permitted at an outdoor gathering if there is a plan approved by the Delaware Division of Public Health
• Restaurants must operate at 30% capacity indoors, but there are allowances for additional outdoor seating
• Beginning on December 1, 2020, Delaware youth sports organizations, teams, and venues are prohibited from hosting or participating in tournaments with out-of-state teams and may not travel across state lines for tournaments.

Florida:

(Palm Beach County): On November 20, County Administrator Verdenia Baker issued Emergency Order No. 30, which further extends Order No. 21, (mandating the use of facial coverings, and instituting signage requirements for retail establishments and restaurants), until December 21, 2020.

(Miami-Dade County): On November 18, Mayor Gimenez issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on November 19, 2020. Mayor Gimenez also issued an affidavit explaining the extension of the local state of emergency.

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 am on November 17, 2020.

(Palm Beach County): On November 19, Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through November 27, 2020.

Georgia:

On November 20, 2020, Governor Kemp issued Executive Order 11.20.20.01, which suspends a key provision of Georgia law prohibiting the release of individually identifiable vaccination information. Under Georgia Code Section 31-12-3.1(e), “individually indemnifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of the person or the person’s parent or guardian if the person is 18 years of age or younger.” The Governor’s Order suspends the consent requirement “to the extent it prevents disclosure of COVID-19 vaccination records to the U.S. Department of Health and Human Services to support the response to COVID-19.”

Hawaii:

(Honolulu City and County): With Governor Ige’s approval, Mayor Kirk Caldwell issued Emergency Order 2020-30, and Amended and Restated Order Implementing Tier 2 of Honolulu’s COVID-19 Recovery Framework. The order maintains the City’s status in Tier 2, through December 31, 2020. The Order amends its face-covering provisions, consistent with the state-wide face covering requirement. Mayor Caldwell also issued a Ninth Proclamation of Emergency or Disaster which declares a state of emergency or disaster period relating to the COVID-19 pandemic, through December 31, 2020, unless further extended or otherwise terminated.

Kansas:

(Douglas County): On November 20, Douglas County public health leaders issued a series of new COVID-19 restrictions. The order went into effect on Friday, November 20, and includes reducing the mass gathering limit from 15 people to 10 people. The order also set an indoor capacity limit of 100 people or 50% of the lowest occupancy load – whichever is lower – in entertainment venues, recreational facilities, and restaurants, bars. The venues and establishments serving food and drink must close their premises no later than 10:00 p.m., including all outside seating areas and patios to customers. Carryout, curbside, drive-through or off-premise delivery of food is allowed after 10:00 p.m., but not alcoholic beverages.

Two of the key changes with the updated order are that venues like gyms and fitness facilities must limit capacity and continue to spread out customers who also must wear masks, and for establishments to space out parties for indoor dining.

Maine:

On November 19, 2020, Governor Mills announced a curfew for certain businesses. Beginning November 20 and lasting through December 6, all outdoor and indoor amusement venues, movie theaters, performing arts venues, casinos, and businesses that provide seated food and drink service, including social clubs, restaurants and bars and tasting rooms currently open for outdoor service, must close for the night by 9:00 p.m. These businesses can still offer take-out, drive-thru and delivery options past 9:00 p.m.

Maryland:

On November 23, Governor Hogan announced that 17 Maryland local jurisdictions were awarded $19.3 million in Maryland Eviction Prevention Partnership grants, which will address the needs of more than 3,600 households across the state. In addition to this partnership with local governments, Governor Hogan also launched the Assisted Housing Relief Program, an eviction prevention program intended to help bring rental delinquencies current and provide real relief for tenants through direct payments to their eligible property management company. Tenants in eligible properties will be credited rent rebates paid directly to the property management company, which will eliminate their rental debt and the threat of eviction. The program serves rental units in multifamily projects financed by DHCD’s Community Development Administration using state funds or federal resources, such as the Low-Income Housing Tax Credit program where the unit rent is controlled.

Montana:

(Missoula County): On November 19, Missoula City-County Health Officials released its new health order. Effective November 20, the Order caps group sizes at no more than 25 people, restricts local businesses to 50 percent capacity, and ends alcohol service at 10 p.m. Additionally, the Order requires event organizers of gatherings up to 250 people to submit plans 10 days ahead of time. The plan must show how the event or gathering meets the requirements in Appendix A. The event or gathering shall not take place without written approval from the Health Department.

(Yellowstone County): On November 19, John Felton, the Yellowstone County Health Officer, released their new health order. The order was effective as of 5:00 a.m. on November 20 and will last until December 31, 2020. All physical gatherings are limited to no more than 25 people, regardless of the ability to socially distance. All “places of assembly” have to close by 10:00 p.m. and remain closed until 4:00 a.m. The definition of “places of assembly” includes all restaurants, bars, casinos, gyms, retail venues, churches, and salons. Additionally, these entities must operate at 50% of normal capacity. Exceptions to these mandates exist for healthcare providers, drive-through delivery for food service, childcare facilities, and overnight cleaning services.

Nevada:

On November 22, Governor Sisolak announced the Nevada Statewide Pause restrictions aimed at helping slow the spread of COVID-19 in Nevada, which will be in effect for three weeks beginning on November 24, 2020 at 12:01 a.m. An emergency directive formalizing these restrictions is forthcoming. The new restrictions are as follows:

• Private social gatherings shall be limited to10 people or less from no more than 2 households, whether held indoors or outdoors.
• Public social gatherings shall be limited to no more than 50 people or 25% of the fire code capacity, whichever is less; provided that if the fire code capacity is less than 200 people but at least 50 people, the gathering may still be held with up to 50 people if able to be conducted in a manner consistent with required social distancing.
• Food and beverage establishments, including but not limited to restaurants, bars, pubs, wineries, distilleries, and breweries shall be limited to 25% occupancy based on the applicable fire code. Reservations shall be required if the establishment sells food, tables must be limited to no more than 4 people per table, and face coverings must be worn at all times except when actively eating or drinking.
• Gyms, fitness studios, dance studios, martial arts studios, and similar establishments shall be limited to 25% occupancy based on the applicable fire code and face coverings must be worn at all times, regardless of the physical activity.
• Gaming establishments shall be limited to 25% occupancy based on the applicable fire code and must operate pursuant to requirements issued by the Nevada Gaming Control Board, including health and safety policies.
• Arcades, racetracks, bowling alleys, mini golf, amusement & theme parks, libraries, museums, art galleries, aquariums, zoos, and similar activities shall be limited to 25% occupancy based on the applicable fire code.
• Retail stores shall be limited to 50% occupancy based on the applicable fire code, and retail and grocery stores with over 50,000 square foot capacity must have persons at all public entrance counting the number of patrons in order to manage capacity, maintain health screening signage at all public entrances, and are encouraged to conduct temperature screenings before entry.

New Jersey:

Governor Murphy signed Executive Order No. 200 extending the Public Health Emergency, originally declared on March 9, 2020, until December 21, 2020. This order extends all actions taken by any Executive Branch departments and agencies in response to the COVID-19 outbreak.

New York:

Governor Cuomo signed Executive Order No. 202.77 requiring the Commissioner of Health to establish new guidelines for the acceptance of patients after being released from a nursing home or adult care facility for a leave of absence to visit friends or relatives.

North Carolina:

On November 23, Governor Roy Cooper issued additional COVID-19 safety measures to tighten mask requirements and enforcement as cases continue to rise rapidly in North Carolina and across the country. Executive Order No. 180 goes into effect on Wednesday, November 25 and runs through Friday, December 11.

In addition to extending Phase 3 capacity limits and safety requirements, the Order tightens the existing statewide mask requirement – making it clear that everyone needs to wear a mask whenever they are with someone who is not from the same household. The Order also adds the mask requirement to several additional settings including any public indoor space even when maintaining 6 feet of distance; gyms even when exercising; all schools public and private; and all public or private transportation when travelling with people outside of the household.

The Order also requires large retail businesses with more than 15,000 square feet to have an employee stationed near entrances ensuring mask wearing and implementing occupancy limits for patrons who enter.

Dr. Mandy Cohen, Secretary of North Carolina Department of Health and Human Services, updated North Carolina’s COVID-19 County Alert System map due to the rapid rise in cases and hospitalization over the past week. Since introducing the system last week, ten more counties have moved into the red category indicating critical community spread. There are now 20 red counties and 42 orange counties. Read the update to see where each county stands and how the system was designed.

Rhode Island:

Governor Raimondo issued Executive Order 20-98 on November 19, 2020 that amends and restates the Phase III Re-Opening. Effective immediately, the order advises all Rhode Island residents, including vulnerable populations, to remain home and continues self-quarantine requirements for those returning international travel and from areas with high community spread rates. Social gatherings are generally limited to members of a single household, but social gatherings in restaurants or with licensed catering on site such as may have up to 25 people indoor and up to 75 people outdoors. Indoor may operate at 50% of capacity (cap 100 people) or 1 person per 100 square feet (cap 125 people). Outdoor venues may operate at 66% capacity or 1 person per 100 square feet, with a cap of 150 people. Religious/faith-based organizations may operate indoors with up to 50% capacity (cap 125 people), and outdoors with 66% capacity (cap 150 people).

Remote work is still encouraged, but office-based businesses may resume operations of up to 66% of workers on site as long as social distancing can be maintained. Those workplaces which have previously been operating at more than 66% capacity do not need to reduce their workforce. All businesses must follow cleaning, screening, and other safety protocols.

By 11:59 p.m. on Tuesday, November 24, all retail establishments must develop a plan on how they will manage capacity limits during the busy holiday shopping season. Stores and other places of business with more than 30,000 square feet must make masks available to customers.

Retail businesses may now permit 1 customer per 100 square feet of the store area that is open to customers generally. Retail locations with more than 30,000 square feet may permit 1 person per 150 square feet. Restaurants may continue to sell liquor for carry-out, and may continue limited indoor and outdoor dining options as outlined in the guidance issued by the Department of Health. Alcoholic beverages may not be served for on-premises consumption after 10:00 p.m. Sunday through Thursday or after 10:30 p.m. Friday and Saturday. Indoor dining capacity is limited to 66% of normal seating capacity.

Personal services may open subject to requirements of the guidelines set forth by the Department of Health and may allow 1 customer per 100 square feet. Gyms and fitness centers may continue to operate at a capacity of 1 person per 100 square feet. Nightclubs must remain closed.

Indoor sporting facilities may not host games, practices or other sports after 10:00 p.m. Sunday through Thursday or after 10:30 p.m. Friday and Saturday. High-risk sports competitions (e.g., wrestling, boxing) is prohibited. Spectators are prohibited from attending sporting events or practices for athletes over the age of 18.

This Executive Order shall take effect immediately and shall remain in full force until November 29, 2020.

Utah:

On November 23, 2020, the Utah Department of Health released a new public health order. The department’s previous order, issued on November 8, 2020, expires at midnight. The new order is identical to the original order and is effective from November 24, 2020 until December 8, 2020 unless otherwise modified or amended.

West Virginia:

On November 20, 2020, following Pfizer’s announcement that they are seeking emergency use authorization by the U.S. Food and Drug Administration for their COVID-19 vaccine, Governor Jim Justice announced that state officials in West Virginia are prepared and ready to implement a vaccine distribution when the vaccine is approved. Governor Justice announced that state officials have previously completed and submitted West Virginia’s COVID-10 Vaccination Plan to the U.S. Centers for Disease Control and Prevention (CDC) for the agency’s review and approval.

Also on November 20, 2020, Governor Justice announced the state had launched an interactive online map showing all free COVID-19 testing locations across the state. The map provides real-time access to all available testing sites.

Wisconsin:

On November 20, 2020, Governor Evers issued Executive Order #95 declaring public health emergency for the state of Wisconsin. The state of emergency remains in effect for 60 days and expires January 19, 2021. Governor Evers also issued Emergency Order #1 requiring face coverings if indoors or in an enclosed space and if another person who is not a member of the individual’s household is present. A face covering is not required while eating or drinking, obtaining services that requires temporary removal of the face covering, when actively speaking to an audience (while remaining 6 feet from other individuals), and when necessary to confirm an individual’s identity. Children between 2-5 are encouraged but not required to wear a face covering, and individuals who have medical conditions are exempt from the requirement. This order is enforceable by civil forfeiture not more that $200. Emergency Order #1 remains in effect until January 19, 2021.

November 19, 2020

Arkansas:

The Arkansas Department of Health issued a new directive on November 19, 2020 regarding businesses that are permitted to sell alcohol. It will go into effect on November 20, 2020 and remain effective until January 3, 2021. The directive requires that businesses operating under a permit issued by the Alcoholic Beverage Control close at 11:00 p.m.

Delaware:

The Delaware Division of Small Business and the Delaware Black Chamber of Commerce have announced a partnership wherein the Chamber will provide assistance to small businesses applying for DE Relief Grants. Business owners who are interested in assistance applying for the relief grants can email the Chamber at [email protected] or call at (302) 709-1708.

To date, more than $61 million in grant requests have been approved and another $31.2 million in requests are going through the review process.

District of Columbia:

On November 18, Mayor Bowser announced a $100 Million bridge fund passed by the Council of the District of Columbia. The Bridge Fund targets businesses and workers affected by the pandemic, and will strategically invest to sustain the hospitality, entertainment, and retail industries to help mitigate the ongoing impact of COVID-19 on workers and businesses. The funds will be disbursed via four programs: (i) the Restaurant Bridge Fund, funded at $35 million, (ii) the Hotel Bridge Fund, funded at $30 million, (iii) the Entertainment Bridge Fund funded at $20 million, and (iv) the Retail Bridge Fund, funded at $15 million. Disbursement will begin with the Hotel Bridge Fund. All full-service hotels, limited service hotels, extended stay hotels, bed and breakfast facilities, inns and motels located in DC, with at least 10 rooms, will be eligible for the Hotel Bridge Fund, including those that have temporarily suspended operations or are operating in a limited capacity. Grant funds will be allocated on a per-key basis. The Restaurant and Retail Bridge Funds will both operate as application-based grant programs in December. The Entertainment Bridge Fund will be launched later this year.

Kansas:

(Johnson County): On November 19, Johnson County Commissioners voted 4-3 to pass the noncompliance order, so that the county can impose a $500 fine on business that fail to follow the revised COVID-19 restrictions that were imposed last week. They are removing the word “individuals” from the order to focus on business.

During the board meeting, Johnson County government’s legal counsel explained how enforcement would work:

• Someone reports a business out of compliance.
• A code officer would provide education to the business, make them aware of the order.
• If that was not successful, the code officer would write a notice of violation.
• The notice of violation provides a deadline to fix the issue.
• A code enforcement officer would follow up, and if still unresolved, they would issue the citation with a fine.
• The business fined can pay the fine or argue their case in codes court.

The resolution would be generally only enforceable in unincorporated areas. And, while all cities are included in the order, cities within the county could decide to enforce it or not.

Johnson County DA Steve Howe explained if they receive more than one complaint regarding a business not being in compliance, they would do a site visit by one of their investigators to educate the business owner about the order.

On November 18, Olathe Public Schools said all middle and high school students will return to remote learning Nov. 30. Students will continue in remote learning through the end of the semester, Dec. 18. Elementary students will continue in-person, full-time learning.

(City of Leavenworth): On November 19, the Leavenworth City Commission has approved a mask mandate for the city beginning Saturday, November 21.

Louisiana:

On November 18, Governor John Bel Edwards and Louisiana Economic Development Secretary Don Pierson welcomed the award of $2.4 million in federal funds to spur business recovery throughout Louisiana in response to the COVID-19 public health emergency. LED will match $600,000 in state funds for a $3 million initiative. The department will work with economic developers statewide on recovery-focused efforts to retain and attract small and large businesses.

The EDA grant represents $2.4 million in CARES Act recovery assistance, part of a $1.5 billion package of economic development assistance programs to help communities prevent, prepare for, and respond to the coronavirus pandemic. In Louisiana, LED will survey key economic development organizations and small business service-providers to identify COVID-19 recovery projects. Those efforts will focus on local projects designed to have maximum impact on the state’s economic recovery.

Minnesota:

On November 18, 2020, Governor Walz issued Emergency Order 20-99 outlining new COVID-19 restrictions. Effective November 20, 2020 at 11:59 p.m., Executive Orders 20-74 , 20-85 , and 20-96 are rescinded. Effective November 20, 2020 at 11:59 p.m. through December 18, 2020 at 11:59, the Order outlines restrictions on the following activities for individuals and businesses:

• Individuals
  • Social gatherings, or gatherings of individuals who are not members of the same household, are prohibited. Exceptions to this order include:
    • Activity by workers or customers permitted to remain open under the Executive Order.
    • Certain Places of Public accommodation such as stores that offer food and beverage not for on-premises consumption; health care, child care, residential care, correctional facilities; crisis shelters, soup kitchens; and restaurants inside airports.
    • Educational and Child Care Services.
    • Care of others such as a family member, friend, or pet in another household.
    • Relocation to ensure safety, health and safety activities, mental health support groups, health care and residential facilities.
    • Governmental activities such as legislative, judicial, or federal activities.
    • Drive-in gatherings.
    • Weddings, funerals and services provided they provide 6 ft. of distancing, 50% of occupancy with a maximum of 250 people in indoor space, develop a COVID-19 Preparedness Plan. However, individuals may not host celebration receptions including those connected to weddings, funerals, life milestones.
  • Outdoor recreational activities with close proximity to others from different households are prohibited, this includes performances, competitions, team events, fairs or other events that involve individuals from more than one household. Exceptions to this order include outdoor activities in natural surroundings and outdoor sports for groups within a single household. All individuals must abide by the Outdoor Recreation Guidelines.
  • Unnecessary travel is strongly discouraged, and outside travelers are strongly encouraged to self-quarantine for 14 days after arrival.
• Workers and Businesses
  • Any worker who can work from home must do so. The protections in Executive Order 20-54 remain in effect.
  • Certain Places of Public accommodation are closed to the public. Exceptions to this order include:
    • Restaurants, cafes, bars, and other establishments that offer food and beverage for on-premises consumption may offer delivery, window service, or drive through service and may allow 5 individuals inside to pick up orders. Industry specific guidance is provided.
    • Limited off-sale of alcoholic beverages is authorized with a prepared take-out food order, and delivery is not authorized.
  • Public pools, gyms, rec centers and indoor exercise studios are closed to the public.
  • Indoor event spaces such as entertainment spaces, performance venues, stadiums and arcades and outdoor spaces such as racetracks, performance venues, amusement parks are closed to the public.
  • Professional or intercollegiate athletes and teams authorized to practice and compete however, spectators, including family and friends of participants and staff, are not permitted to attend permitted sporting events or practices.
  • Outdoor recreational facilities are permitted to be open, provided they adhere to the Outdoor Recreation Guidelines.
  • Barbershops and Salons may remain open, provided occupancy does not exceed 50% normal capacity.
  • Youth programs bay continue to provide care or supervision in accordance with COVID-19 Prevention Guidance for Youth and Student Programs.
  • Organized youth sports and organized adult sports must stop all in-person activities.
  • Higher education institutions must continue to establish and implement a higher education institution COVID-19 Preparedness Plan.

The Order provides for the same enforcement provisions as outlined in 20-96, below.

New Jersey:

Governor Murphy, along with the Governors of New York, Connecticut, Delaware, Pennsylvania, Rhode Island, and Massachusetts, announced that they encourage all residential colleges and universities across the Northeast to provide testing for all students traveling home for Thanksgiving break. Any student who tests positive will be encouraged to isolate on campus before traveling home for the holiday.

New York:

Governor Cuomo, along with the Governors of New Jersey, Connecticut, Delaware, Pennsylvania, Rhode Island, and Massachusetts, announced that they encourage all residential colleges and universities across the Northeast to provide testing for all students traveling home for Thanksgiving break. Any student who tests positive will be encouraged to isolate on campus before traveling home for the holiday.

(New York City): On November 18, Mayor de Blasio signed Executive Order 162 extending the State of Emergency declaration in New York City until November 23.

(Buffalo): Mayor Brown announced that in accordance with Governor Cuomo’s orange zone restrictions high risk businesses, like gyms, hair and nail salons, barbers, tattoo and piercing studios, laser hair removal and other services in Buffalo will be closed starting on November 20.

November 18, 2020

Colorado:

Effective November 20, Colorado’s COVID-19 Dial (previously the Safer at Home Dial) will impose a modified framework for governing the limits on social and economic activity in the State. The First Amended Public Health Order 20-36, which implements the COVID-19 Dial, adds a sixth category of activity limitations to provide counties another opportunity to avoid stay-at-home restrictions.

Under the COVID-19 Dial, counties may now find themselves in one of six color-coordinated levels that prescribe various limits on social and economic activity. The first three levels, Green through Yellow, remain effectively unchanged from COVID-19 Dial’s prior iteration. Levels Orange, Red, and the newly added Purpose contain several changes to capacity and operational restrictions. The definition of critical businesses has also expanded to include libraries and animal grooming facilities. The operational requirements imposed on critical businesses remain unchanged under the COVID-19 Dial.

Below is a summary of the changes to the capacity restrictions in Levels Orange, Red, and Purple:

• Levels Red and Purple generally prohibit gatherings of two or more people unless separately regulated, while Orange continues to allow gatherings of up to 10 people from no more than two households;
• Childcare facilities may remain open in all three levels, while preschools through high schools may conduct in-person, hybrid, or remote learning as appropriate in Level Orange—high schools are suggested to move to remote learning in Level Red and Purple;
• Non-critical office-based businesses may operate at 25% capacity, not to exceed 50 people, in Level Orange, but may only allow in-person work up to 10% of their posted occupancy limit in Level Red—all in-person work conducted indoors is prohibited in Level Purple;
• Critical and Non-Critical Retail may increase their indoor operations to 50% of their occupancy limit in Levels Orange and Red, whereas Level Orange previously imposed a 25% capacity limit, but only curbside services are permitted in Level Purpose;
• Restaurants may continue to allow indoor dining up to 25% of their occupancy limits, not to exceed 50 people, in Level Orange, and outdoor dining is allowed with six-foot distancing between parties—on-premises alcohol consumption must end at 10:00 p.m.;
• Restaurants cannot offer indoor dining in Levels Red and Purple, and outdoor dining is only permitted in Level Red for members of the same household and on-premises alcohol consumption must end at 8:00 p.m.;
• Bars remain closed in all three Levels;
• Gyms and fitness centers may continue to operate at 25% of capacity, not exceed 25 people indoors, in Level Orange, but must reduce their operations to 10% of capacity, not exceed 10 people indoors—Level Purpose prohibits indoors operations; and
• Personal services may continue to operate at 25% capacity, not to exceed 25 people, in Level Orange, as well as in Level Red, but all in-person services are prohibited in Level Purple.

The transition between levels will continue depending upon a county’s rate of new cases, percent of positive results, and hospitalization rates, except for Level Purple. A county will move to Level Purple if its hospital capacity is at risk of breach. The full list of restrictions imposed by the COVID-19 Dial can be accessed here as well as through the First Amended Public Health Order 20-36.

The counties likely to be impacted this Friday by a shift to Level Red include Denver, Jefferson, Arapahoe, Adams, and Douglas counties. The First Amended Public Health Order remains in effect until December 17, 2020.

District of Columbia:

On November 16, Mayor Bowser delivered the COVID situational update which announced that the District of Columbia Public Schools would open a limited number of CARE Classrooms at 29 elementary schools on November 18, with capacity to serve 600+ students. According to the report, CARE Classrooms will meet 5 days a week and Wednesdays will be half day, and patient care technicians will support school-based health protocols such as temperature checks, symptom screenings, and staffing of health isolation rooms.

Florida:

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on November 17, 2020.

Iowa:

On November 18, Governor Reynolds announced an additional allocation of funds to the Iowa Eviction and Foreclosure Prevention Program to support Iowa renters and homeowners at risk of eviction or foreclosure due to a COVID-19 related loss of income. The program provides up to $3,200 in rental assistance or up to $3,600 in mortgage assistance. To be eligible to receive assistance under the program, the applicant must:

1. Be an Iowa renter or homeowner;
2. Be at risk of eviction or foreclosure at the applicant’s primary residence due to a documented COVID-19 related loss of income on or after March 17, 2020; and
3. Have an annual income that is 80% or less of the median family income at the time of the application, based on county of residence and household size.

Applications will be accepted through December 4, 2020 on a first come, first ready to proceed basis until all funds have been exhausted. Once an application is approved and the landlord verification is received, a single, one-time payment will be issued directly to the landlord or mortgage servicer. Eligible residents may apply for the Iowa Eviction and Foreclosure Prevention Program here.

Additionally, the deadline to apply for the Residential Utility Disruption Prevention Program has been extended to December 4, 2020. The program provides eligible households with up to $2,000 towards electric, natural gas, and water bills if they are at risk of disconnection due to an inability to pay due to a COVID-19 related loss of income. To be eligible to receive utility assistance under the program, the applicant must have:

1. A primary Iowa residence (whether owned or lease) with active residential utility accounts in the applicant’s name;
2. An unpaid utility bill balance or have previously entered into a payment plan with their utility provider;
3. An annual income that is 80% or less of the median family income, based on county of residence and household size; and
4. Experienced a COVID-19 loss of income (job loss, reduction in hours, reduction in pay) on or after March 17, 2020 that resulted in hardship in paying bills for electric, natural gas, and/or water utility service provided between March 17, 2020 and October 31, 2020.

Applications will be accepted through December 4, 2020 and funds will be awarded to eligible applicants on a first come, first served basis until all funds have been exhausted. Once an application is approved, a one-time payment will be made directly to utility providers and applied to the applicant’s account. Eligible residents may apply for the Residential Utility Disruption Prevention Program here.

Additionally, on November 18, Governor Reynolds signed a Proclamation of Disaster Emergency to clarify the restrictions applicable to fitness centers and sporting and recreational events outside of the high school, collegiate, or professional levels.

Effective immediately through December 10, 2020 at 11:59 p.m.:

• Except for high school, collegiate, or professional sporting or recreational gatherings, all sporting or recreational gatherings of any size are prohibited unless the gathering organizer and all participants (i) maintain 6 feet of physical distance between all other participants at all times, (ii) limit spectators to no more than 2 people for each athlete participating in the event, and (iii) ensure all participants over the age of 2 wear a mask or other face covering. Activities where close contact is required or reasonably unavoidable, such as wrestling matches or basketball games are prohibited.
• A fitness enter, health club, health spa, or gym may remain open but only if the establishment (i) ensures that all equipment and machines are spaced at least 6 feet apart or takes other appropriate measures to ensure that more closely spaced equipment and machines are not used, (ii) limits group activities or classes to a number of people that permits maintaining a distance of 6 feet apart at all times, (iii) complies with the requirements applicable to sporting and recreational events under this Proclamation, and (iv) implements other reasonable measures under the circumstances of the establishment to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of the transmission of COVID-19.

Except to the extent modified by this Proclamation, the November 0and November 16 proclamations remain in full effect through December 10, 2020 at 11:59 p.m.

(Linn County): On November 18, the Linn County Board of Supervisors signed a Resolution Approving the Linn County Board of Health Face Covering Regulation. The regulation requires that every person in Linn County wear a face covering in public places, whether indoor or outdoor, whenever 6 feet of physical distance cannot be maintained from other persons. The following person are exempt from wearing a face covering: (i) persons younger than 2 years old, (ii) anyone who has trouble breathing or is on oxygen therapy or a ventilator, (iii) anyone who is unconscious, incapacitated, or otherwise unable to remove the face covering without assistance, or (iv) anyone who has received written notice from a medical, legal, or behavioral health professional not to wear face coverings. Violation of the regulation is a misdemeanor punishable by fine.

The regulation is effective beginning November 19, 2020 and expires upon the later to occur of the expiration of Governor Reynolds’s November 10, 2020 proclamation, or the expiration of the Linn County Board of Supervisors’ declaration of public health disaster.

Kansas:

On November 18, Governor Kelly announced several new steps her administration is taking to combat the spike in COVID-19 cases, hospitalizations, and deaths. The new plan includes a public health campaign, community engagement conversations and an executive order establishing a statewide face-covering protocol as part of her administration’s all-of-the-above strategy to keep Kansans healthy, keep schools and businesses open, and protect Kansas’ economy. The face-covering executive order, E.O. #20-68, takes effect beginning 12:01 a.m. Wednesday, November 25, and will remain in place until rescinded or until the current statewide State of Disaster Emergency expires – whichever is earlier. The order allows local officials one week to craft and implement their own version of a face covering ordinance that works for them and their communities.

Further, on November 16, Governor Kelly announced that nearly 2,000 Kansas small businesses affected by the COVID-19 pandemic will receive a share of $37.5 million in Small Business Working Capital (SBWC) grants. Kansas businesses with fewer than 500 employees were eligible to apply for SBWC grant funding, made available by Governor Kelly’s Strengthening People and Revitalizing Kansas (SPARK) Taskforce through the federal CARES Act. Grant funds can be used to pay working capital expenses such as payroll, insurance, rent, mortgage payments, utilities, inventory, and more. The online application process for several other SPARK grant programs remain active. Details are available at http://www.kansascommerce.gov/covidrelief.

Maryland:

On November 16, Governor Hogan urged Maryland’s congressional delegation to deliver an additional COVID-19 stimulus relief package. His letter to legislators noted that the “fall surge of COVID-19 will continue to place enormous strain on both our healthcare system and our economy. On behalf of all Marylanders, I urge you to set aside partisan politics and prioritize a new stimulus relief bill in the lame duck session.” He noted that he would continue to do more on the state level, but that without an injection of federal stimulus relief from Washington, the situation for Maryland residents and small businesses may continue to deteriorate.

On November 16, Governor Hogan accepted a donation of 200,000 face shields from Maryland manufacturer Hardwire, LLC to the Maryland State Department of Education. The donation will be used to protect Maryland’s teachers, faculty members, and staff.

On November 17, Governor Hogan issued an emergency order that took the following actions: (i) ordered the closure of all bars, restaurants, and venues serving food and alcohol between 10 p.m. and 6 a.m., except for the purposes of carryout and delivery, (ii) limited capacity for retail establishments and religious facilities to 50%, and (iii) ordered that no fans be permitted at racetracks or professional and collegiate stadiums across the state.

On November 17, the Maryland Department of Health issued an emergency order to prohibit all hospital visitation until further notice with a few exceptions for end-of-life care, obstetrics, parents or guardians of minors, and support for people with disabilities. The order also allows hospitals that are either full or nearing capacity limits to transfer patients to hospitals that are equipped to provide them with the care they need. This will help alleviate the overcrowded hospitals in some areas of the state, and place patients in hospitals where beds are available.

On November 17, the Maryland Department of Health issued an amended directive and order providing that until further notice, indoor visitation at Maryland nursing homes will generally be limited to compassionate care, and all visitors must have proof of a negative COVID-19 test result within 72 hours prior to their visit. The order also institutes mandatory twice-weekly testing for all staff at Maryland nursing homes, as well as mandatory weekly testing for all nursing home residents—effective no later than Friday, November 20.

Mississippi:

Governor Reeves issued Executive Order 1531 on November 17, 2020. The Order, which is effective November 18, 2020 through December 11, 2020 amends the mask mandate contained in Executive Order 1527 to include Hinds, Itawamba, Madison, Montgomery, Pontotoc, Tate, and Winston Counties.

Missouri:

(St. Louis City): St. Louis City issued Health Commissioner Order No. 15, which took effect at 12:00 a.m. on November 14, 2020, and will remain in effect until rescinded or amended. Certain previous orders, including Order No. 13 and Order No. 14 will remain in effect. Under this order, private gatherings are limited to no more than 10 persons. The order explicitly does not apply to businesses, schools, institutions of higher learning, and government offices. As a reminder, some provisions of Order No. 13 that remain in effect are:

• Bars, restaurants, and nightclubs must:
  • Limit capacity to 50% of their permitted occupancy
  • Must be closed by 11:00 PM
• Large venues must limit their capacity to 50% of their permitted occupancy
• All Businesses that are closed as a result of a public health order may:
  • Maintain inventory
  • Process payroll or employee benefits

(St. Louis County): St. Louis County Department of Public Health (“DPH”) issued its 3rd amended quarantine and isolation Order, which took effect at 5 p.m. on November 13, 2020, and will remain in effect until rescinded or amended. Under this amended order:

• People are required to self-isolate if they develop COVID-19 symptoms
• People shall quarantine if they came in close contact with a positive person, even if they have a negative result,
• People shall notify the health department if exposed to COVID-19,
• People who are tested, but did not come in close contact with a positive person, do not have to quarantine while awaiting test results,
• If the DPH identifies a person as having had close contact with a positive person, the person is required to quarantine for 14 days or until cleared by the DPH,
• People who test positive for COVID-19 must remain in isolation until cleared in writing by DPH, typically between 10 to 14 days.

Additionally, DPH issued its 2nd amended face mask Order, which took effect on November 17, 2020, and will remain in effect until rescinded or amended. This amendment changes who is subject to the face covering requirement in public settings and provides additional guidance relevant to the wearing of facemasks for students.

Additionally, DPH issued a safer at home Order, which took effect at 6 a.m. on November 17, 2020, and will remain in effect until rescinded or amended. This order replaces the 4th amended order for business and individual guidelines for social distancing and re-opening. Under this amended order:

• People may not leave their residences except for:
  • Work and volunteering if they cannot do so from home,
  • Shopping and receiving items of food or drink,
  • Visiting others in their support bubble,
  • Accessing financial services or other public services,
  • Medical reasons,
  • Education and training,
  • Childcare services,
  • Worship, funerals, or related services, and
  • Exercise.
• People may not leave their residences for social gatherings unless with family or those that are part of their support bubble.
• Gatherings may not be more than 10 people,
• Businesses with occupancy limits must:
  • Limit occupancy to 25% of that authorized,
  • Provide employees with face coverings or materials to make face coverings, and
  • Comply with social distancing requirements, disinfection processes and other related guidance.
• Restaurants must cease all indoor service
• Drinking establishments may only provide carryout and delivery
• Businesses kept closed as a result of COVID-19 may continue to operate the necessary activities to maintain the value of inventory, provide security, process payroll, or employee benefits, and facilitate remote work.

(Kansas City): Kansas City Mayor Quinton Lucas issued Eleventh Amended Order 20-01, repealing the Tenth Amended Order 20-01, and will take effect at 12:01 a.m. on November 20, 2020 and expires with the Third Amended Emergency Proclamation unless rescinded or amended. 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.
• Restaurants, taverns, and venues, must:
  • Limit occupancy to 50% of their capacity,
  • Close by 10:00 p.m.
  • Require mask be work indoors and outdoors while standing or sitting unless actively eating or drinking, and
  • Limit parties to 10 or fewer persons.
• Masks must be work in all indoor spaces when more than one person is in a room not separated by a barrier unless exempted.
• Businesses shall maintain records of occupants who are on the premises for more than 10 minutes and notify the Director of Public Health of a positive case.
• Gyms and fitness centers must limit their occupancy to 50% of their capacity and must require masks.
• Gatherings of more than 10 people are prohibited, which does not include groups from the same household, unless approved by the Director of Public Health.

(Platte County): Platte County issued an amended Order, which takes effect at 12:00 a.m. on November 23, 2020, and will remain in effect until further notice. Under this order masks continue to be required in all indoor and outdoor locations, settings and events where individuals are less than six feet away from each other. Additionally:

• Restaurants, taverns, and other venues for food and drink, must:
  • Limit occupancy to 50% of that authorized,
  • Close by 10:00 p.m.,
  • Require indoor and outdoor patrons be seated and wearing a mask unless actively eating or drinking, and
  • Limit parties to 10 or fewer persons.
• Masks must be work in all indoor spaces when more than one person is in a room not separated by a barrier unless exempted.
• Businesses shall maintain records of occupants who are on the premises for more than 10 minutes and notify the Director of Public Health of a positive case.
• Gyms and fitness centers must limit their occupancy to 50% of their capacity and must require masks.
• Businesses generally open to the public must maintain six feet of distance between areas of service.
• Gatherings of more than 10 people are prohibited, which does not include groups from the same household, unless approved by the Director of Public Health.

(Jackson County): Jackson County issued an amended Order, which takes effect at 12:01 a.m. on November 20, 2020, and will continue until rescinded or amended in writing. Under this order, certain restrictions on Eastern Jackson County are re-imposed, including:

• Masks must be worn unless exempted.
• Businesses frequented by the public must:
  • Limit occupancy to 50% of their capacity,
• Restaurants, taverns, and venues for food and drink, must:
  • Limit occupancy to 50% of their capacity,
  • Close by 10:00 p.m.
  • Require indoor patrons to be seated and wearing a mask unless actively eating or drinking, and
  • Limit parties to 10 or fewer persons.
• Gyms and fitness centers must limit their occupancy to 50% of their capacity and must require masks.
• Gatherings of more than 10 people are prohibited, which does not include groups from the same household, unless approved by the Director of Public Health.

(Clay County): Clay County issued Public Health Emergency Order 11172020, which takes effect at 12:00 a.m. on November 23, 2020, and will remain in effect until further notice. Under this order masks continue to be required for employees and visitors while indoors and unable to maintain social distancing. Additionally:

• Restaurants, taverns, and other venues for food and drink, must:
  • Limit occupancy to 50% of that authorized,
  • Close by 10:00 p.m.,
  • Require indoor and outdoor patrons be seated and wearing a mask unless actively eating or drinking, and
  • Limit parties to 10 or fewer persons.
• Masks must be worn in all indoor spaces when more than one person is in a room not separated by a barrier unless exempted.
• Gyms and fitness centers must limit their occupancy to 50% of their capacity and must require masks.
• Businesses generally open to the public must maintain six feet of distance between areas of service.
• Indoor gatherings of more than 10 people are prohibited, which does not include groups from the same household, unless approved by the Director of Public Health.

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-15 and Boone County issued Order No. 2020-15C, which extends phase two, step three, of its reopening plans until December 8, 2020, at 11:59 p.m., under Order No. 2020-11 and Order No. 2020-11C. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Childcare services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

Montana:

On November 17, Governor Bullock issued a Directive on group size, capacity, and face coverings. Under the Directive, restaurants, bars, breweries, distilleries, and casinos must operate at 50% capacity and close by 10:00 p.m., except breweries, which must already close earlier. Additionally, the size limit for public gatherings must be 25 people, if social distancing can't be maintained, although that does not include places of worship. Finally, The Governor Bullock’s Directive extended the state's mask mandate to all counties, not just those with four or more active cases of COVID-19.

New Hampshire:

On November 14, Governor Sununu issued Order 72 modifying the state’s travel restrictions. Previously, no formal restrictions were in place for non-employees, although the Governor urged anyone coming into the state from areas outside New England (NH, VT, ME, MA, CT, RI) to self-quarantine for a two-week period. However, the state’s Universal Guidelines, applicable generally to all businesses, required employers to prohibit any employee from entering the workplace prior to completion of a 14-day self-quarantine upon entry or return to New Hampshire from any state outside New England.

Effective November 15, Order 72 extends the Universal Guidelines’ travel restrictions to all New Hampshire residents and travelers/visitors. New Hampshire Public Health Services provided Guidance stating all New Hampshire residents and travelers/visitors need to self-quarantine for 14 days following the last date of any travel internationally (including to/from Canada); on a cruise ship; or domestically outside of the New England states for non-essential purposes. Further guidance on travel restrictions can be found here.

North Carolina:

On November 18, the North Carolina Department of Health and Human Services (NCDHHS) is offering more than 120 no-cost COVID-19 community testing events, including new locations in partnership with retailers to help North Carolinians protect themselves, their loved ones, and their communities as they prepare for Thanksgiving this weekend.

For a full list of all testing event times and locations throughout the state, visit the No-Cost Community Testing Events page on the NCDHHS website. More locations are being added each day. Additional testing sites can be found at Find My Testing Place.

Anyone can get tested for COVID-19 at the events. People without insurance are eligible for testing and identification documents are not required. Children and adults may be tested, but a parent or legal guardian must be present with children and teens 17 or younger.

People who choose to travel or gather for Thanksgiving should consider having a COVID-19 test three to four days ahead of time. A test can help someone know if they have COVID-19 even if they do not have symptoms yet; however, tests can miss some infections and are not a fail-safe measure. NCDHHS also recommends that everyone quarantine for 14 days before gathering with anyone outside their household to limit advance risk of being exposed to COVID-19. Quarantining is particularly important from the time you test until you travel or gather with people outside your household.

Ohio:

On November 17, Governor DeWine provided details on Ohio's vaccine prepositioning plan. The Ohio Department of Health has identified 10 sites across the state that will receive the pre-positioned vaccine after a COVID-19 vaccine is given emergency-use authorization. Once the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices issues its recommendation on how to use the vaccine, these sites will begin administering the vaccine immediately to those who choose to receive it and are identified as able to receive it in the first stage.

Ohio will first vaccinate those who are most at risk, including those who work in long-term care facilities, nursing homes, and other congregate-care facilities, high-risk health care workers, and first responders.

The ten pre-positioned sites were selected based on geography, population, and access to ultra-cold storage capacity. Other sites will begin receiving shipments of vaccine following final approval, potentially just days after the pre-positioned sites begin administering the vaccine.

Governor DeWine also announced the release of a new holiday celebration guide from the Ohio Department of Health to help families celebrate safely during the 2020-2021 holiday season. The holiday gathering guide is available at coronavirus.ohio.gov.

Furthermore, as students at Ohio’s colleges and universities are preparing to head home for the holidays, the Ohio Department of Higher Education and Ohio Hospital Association are launching a new campaign to encourage students to keep themselves and family members safe while they are at home. The "Home and Healthy for the Holidays" campaign will provide tips for students to follow before, during, and after holiday travel. The campaign will also share information for students on what they should do if they have no access to testing or if they receive a positive or negative test result.

Oregon:

On November 17, Governor Brown announced that the state will commit $55 million in financial assistance to support Oregon businesses who have been impacted by COVID-19 restrictions. These funds will be allocated to counties to distribute to businesses who have been financially impacted, with a priority for the hospitality industry, businesses impacted by the freeze, small businesses, and women, Black, Indigenous, People of Color, and Tribal-owned businesses. The $55 million in Coronavirus Relief Funds will be allocated to counties, with each county receiving a base of $500,000 plus a per capita allocation of the remainder of the funds. The counties will be responsible for deciding how businesses apply to receive funds and communicating the application process to businesses. The Governor’s Office anticipates that funds will be distributed to counties within the next several weeks. Businesses who are interested in applying should contact their county for more information.

On November 17, Governor Brown issued Executive Order 20-65 following last weeks’ announcement of a statewide freeze to help stop the rapid spread of COVID-19 in Oregon. The order outlines necessary risk reduction measures designed to limit gatherings and curb human contact. Executive Order 20-65 addresses the following in detail:

• Limiting at-home and social gatherings, as well as faith institutions;
• Limiting the maximum capacity for grocery stores, pharmacies, and retail stores;
• Restricting food and drink establishments to take-out only;
• Requiring workplaces to mandate work-from-home as much as possible; an
• Closing certain businesses, including gyms, museums, zoos, and indoor recreation facilities

As with the Governor's previous executive orders related to COVID-19, all of the freeze measures are enforceable by law upon both individuals and businesses. However, the Governor is urging voluntary compliance. The full text of Executive Order 20-65 is available here.

Rhode Island:

Governor Raimondo issued Executive Order 20-97 on November 18, 2020 that extends Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration – Increasing State COVID-19 Response Capacity) until December 17, 2020.

November 17, 2020

Arkansas:

Governor Hutchinson issued Executive Order 20-50 on November 13, 2020, which established the Governor’s COVID-19 Winter Task Force. The Task Force will make recommendations for how the state can support hospital coordination, staffing, and resources during the winter months, and largely consists of physicians and hospital presidents.

Delaware:

On November 17, 2020, Governor Carney announced additional measures that will be implemented to slow the spread of COVID-19. These measures include the following restrictions:

• Indoor gatherings inside of homes are limited to 10 people or less
• Indoor gatherings outside of homes must be limited to 30% of capacity, up to 50 people. This restriction applies to weddings, funerals, houses of worship, political gatherings, etc.
• Outdoor public gatherings are limited to 50 people However, up to 250 people may be permitted at an outdoor gathering if there is a plan approved by the Delaware Division of Public Health
• Restaurants must operate at 30% capacity indoors, but there are allowances for additional outdoor seating
• Beginning on December 1, 2020, Delaware youth sports organizations, teams, and venues are prohibited from hosting or participating in tournaments with out-of-state teams and may not travel across state lines for tournaments.

Unless otherwise stated, these restrictions are set to take effect on Monday, November 23, 2020.

Though no Executive Order has been posted online yet, we expect to see one in the coming days.

Governor Carney also announced an expansion of the DE Relief Grants program for businesses that have been most impacted by COVID-19. The application deadline is December 4, 2020.

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through November 20, 2020.

Hawaii:

Governor Ige issued a Fifteenth Supplementary Proclamation which requires all persons in the state to wear a face covering over their nose and mouth when in public, subject to limited exceptions. Businesses or operations must refuse admission or service to any individual that fails to war a face covering and is not subject to an exception under the Proclamation. Businesses or operations that do not enforce the face covering rule may be subject to enforcement, including fines and mandatory closure.

Hotel operators are required to adopt a COVID-19 Health and Safety Plan for each property they operate while the Proclamation is in effect. The Plan must identify the safety protocols implemented and required in the facility, and must address all applicable CDC guidance. The Proclamation clarifies that its Travel rules or any waivers/exemption from those rules do not impede or supersede the CDC or DOH’s authority to require people to quarantine if they test positive for COVID-19 or if they are a close contact of a person confirmed positive for COVID-19. The disaster emergency relief period is further extended through December 31, 2020.

Illinois:

Governor Pritzker and the Illinois Department of Public Health (IDPH) announced new Tier 3 Resurgence Mitigations to be implemented statewide effective Friday, November 20 at 12:01 a.m. While these new mitigations do not include a stay-at-home order, they do impose certain restrictions that Illinois has not seen since the beginning of the COVID-19 pandemic. These mitigation requirements include:

• Bars and restaurants
  • All bars and restaurants close at 11 p.m. and may reopen no earlier than 6 a.m. the following day
  • No indoor service
  • All bar and restaurant patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • No tables exceeding 6 people
  • Reservations required for each party
  • No seating of multiple parties at one table
  • Indoor gaming terminals must suspend operations
  • Includes private clubs and country clubs
• Health and fitness centers
  • Operate at no more than 25 percent capacity
  • No indoor group classes
  • Face coverings must be worn at all times, including while engaged in individual exercise regardless of person or machine spacing
  • Reservations required
  • Locker room areas should be closed
• Hotels
  • Hotel room occupancy should be limited to registered guests only, with the maximum allowance being the number of individuals permissible per existing fire code for each applicable guest room
  • Fitness centers should be closed, or operated only on a reservation model with capacity limited to 25 percent of the maximum occupancy for the room
  • Grab and go food allowed
  • Event and meeting space closed
• Indoor recreation, theaters, cultural institutions
  • Gaming and casinos must close
  • Indoor recreation centers, including theaters, performing arts centers and indoor museums and amusement centers must close
  • Live streaming of performances encouraged with social distancing of performers and minimum operational staff
  • Outdoor activities allowed at 25 percent capacity or less
  • Outdoor group activities limited to 10 persons or less, participants/guests must wear face coverings at all times
  • Reservations required for each guest for outdoor activities
• Manufacturing
  • Additional COVID training for all employees required even if previous training occurred
  • Operators should coordinate with IDPH to implement testing protocols and contact tracing, upon request, consistent with available testing supplies
  • All employees must wear face coverings at all times unless eating or drinking. Exemptions only for safety purposes.
  • Only manufacturing staff and key personnel allowed in facilities. Non-production employees must work remotely. Non-essential staff and visitors are not permitted. Exemptions only for critical equipment repairs, supply deliveries and safety reasons (“critical visitors”).
  • All critical visitors must have an Employee Health and Safety (EHS)-approved risk-assessment done in advance, including travel history, tracking, and temperature check prior to entrance.
  • Implement additional workstation realignment when feasible
  • Stagger and space shifts, and designate shift entrances and exits (when possible) to minimize interactions of employees across unique shift groupings
  • Station sanitation required at beginning and ending of shifts
  • Operators must suspend COVID-related incentive pay and promote staying home when sick or showing symptoms
  • Implement temporary leave policies to accommodate workers who are sick
  • Develop and implement safety protocols for employee travel vans to promote spacing, require face coverings, temperature checks, air circulation, and vehicle sanitization
• Meetings, social events and gatherings
  • Limit in home gatherings to household members
  • Meeting rooms, banquet centers, private party rooms, private clubs and country clubs may not host gatherings
  • No party buses
  • Funerals are limited to 10 family members of the decedents, not including staff
• Offices
  • All employees who can work remotely should work remotely
• Organized group recreational activities
  • Pause all indoor group sporting and recreational activities including youth and adult recreational sports, individual training may remain (with facility reservation)
  • Includes park districts and travel leagues
  • Outdoor sports and recreation allowed
  • Participant groups and practices outdoors limited to 10 persons or less with social distancing
  • Face coverings required for all activities at all times
  • Locker rooms should be closed
• Personal care services
  • Operate at lesser of 25 clients or 25 percent capacity
  • Face coverings must be worn at all times by clients and service providers
  • Suspend services where a face covering cannot be worn (e.g. facials, beard trims)
  • Physical, occupational and massage therapy allowed as deemed necessary by a medical provider, but appointments must be spaced by a minimum of 15 minutes and facilities should take steps to sanitize and circulate clean air through service rooms before and after each service
  • Virtual consultations recommended
• Retail
  • Operate at no more than 25 percent capacity, including general merchandise stores, "big box" stores that offer groceries and pharmacy, and convenience stores
  • Grocery stores and pharmacies may operate at up to 50 percent capacity
  • Encourage delivery or curbside pickup options wherever possible
  • When in-store shopping is necessary, promote efficient trips and consistent circulation

Iowa:

On November 16, Governor Reynolds signed a Proclamation of Disaster Emergency implementing additional health measures, effective November 17, 2020 at 12:01 a.m. through December 10, 2020 at 11:59 p.m.

Effective through December 10, 2020 at 11:59 p.m.:

• All people 2 years or older must wear a mask or other face covering when they are within 6 feet of individuals who are not members of their household for 15 minutes or longer and are inside an indoor space that is open to the public or a state government building, office or facility under the control of the Executive Branch (subject to certain exceptions);
• Social, community, business, or leisure gatherings or events of more than 15 people are prohibited at all indoor locations and venues unless explicitly permitted by the Proclamation or all members of the gathering live in the same household;
• Social, community, business, or leisure gatherings or events of more than 30 people are prohibited at all outdoor locations and venues unless explicitly permitted by the Proclamation or all members of the gathering live in the same household;
• Except for high school, collegiate, or professional sporting or recreational gatherings, all sporting or recreational gatherings of any size are prohibited, provided that at high school sporting events, spectators (i) wear mask, (ii) are limited to 2 spectators per athlete, (iii) are present only during their athletes game or event, and (iv) ensure at least 6 feet of physical distances between other spectators;
• Spiritual and religious gatherings, including any funerals or weddings, are not prohibited, but must implement reasonable measures to ensure social distancing of employees, volunteers, and other participants, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19;
• Restaurants, bars, wedding reception venues, wineries, breweries, distilleries, country clubs, and other social or fraternal clubs may remain open, but only if they: (i) close to the general public for on-premise consumption between 10:00 p.m. and 6:00 a.m. each day, (ii) ensure at least 6 feet a physical distance between each group or individual dining along, (iii) limit group sizes to no more than 8 people, (iv) prohibit gatherings of larger than 15 people indoors and 30 people outdoors; (v) require patrons to wear masks or other face coverings when not seated, and (vi) ensure other social distancing, hygiene, and public health measures; and
• Nonessential and elective surgeries that utilize PPE may not be conducted by any hospital, outpatient surgery provider, or outpatient procedure provider unless further delay will pose a significant risk to the patient’s quality of life and the facility performing the procedure: (i) has adequate inventory of PPE and access to a reliable supply chain without relying on state or local PPE stockpiles to support continued operations and response to an unexpected surge in a timely manner, and has a plan to conserve PPE consistent with guidance from the CDC and Iowa Department of Public Health, (ii) has a plan for timely COVID-19 testing systematic patients and staff to rapidly mitigate potential clusters of infection and as otherwise clinically indicated, (iii) obtains a negative COVID-19 test from the patient within 72 hours of the surgery date or otherwise determines the patient’s probability of COVID-19 if a test is not available, (iv) continues to accept and treat COVID-19 patients and does not transfer said patients to create capacity for elective procedures, (v) reserves at least 10% of ICU beds and 10% of medical/surgical beds for COVID-19 patients, (vi) ensures the total number of medical/surgical and observational beds used for an in-patient nonessential surgery or procedure does not exceed 50% of the number of such beds that were used on average during the month of September 2020, and (vii) maintains a plan to monitor compliance with the foregoing requirements and a transition plan to reduce or suspend procedures and surgeries as necessary.

The following businesses are also permitted to remain open, provided they implement hygiene and public health measures, and comply with any industry specific restrictions set forth in the Proclamation (such as wearing masks, social distancing, limiting hours of operation, limiting group sizes, or prohibiting group activities):

• Fitness centers, senior citizen centers and adult daycare facilities;
• Casinos and gaming facilities, bowling alleys, pool halls, bingo halls, arcades, indoor playgrounds, children’s play centers, and theaters and performance venues
• Salons, barbershops, massage therapy establishments, tattoo establishments, tanning facilities, and medical spas; and
• Malls, racetracks, museums, aquariums, zoos, libraries, swimming pools, amusement parks, campgrounds, and retail establishments

A summary of the additional measures can be found here. Except to the extent modified by this Proclamation, the November 10, 2020 proclamation remains in full effect through December 10, 2020 at 11:59 p.m.

Kansas:

(Johnson County): On November 16, Shawnee Mission School District announced secondary students in Middle and High School will move to remote learning on Nov. 30, the district said in a letter to families. In the letter, the district said it's "finding it more difficult to staff our buildings for in-person learning, given the number of staff currently in quarantine or isolation. We have reached the point where we are unable to fully staff all of our buildings, and need to make a change." They will continue to learn remotely through Jan. 22, 2021.

Elementary students will continue in-person learning for now. The district said it will attempt to give parents a minimum 14-day notice if it decides to make any changes for those students.

Eudora students and Tonganoxie high school students will also go remote on Tuesday due to COVID-19.

Nebraska:

On November 14, Governor Ricketts announced that Nebraska will take a phased approach to public health restrictions based on the percentage of staffed hospital beds occupied by coronavirus patients. As soon as the percentage of coronavirus-related hospitalizations increases above certain thresholds, restrictions will be tightened. If the percentage of coronavirus-related hospitalizations declines below the thresholds (on average, over a seven-day period) restrictions will be relaxed. A document outlining each of the five, color-coded phases is available here. Currently, Nebraska is in the “orange” phase, which is the second most restrictive. The State issued a new Directed Health Measure (DHM) effective statewide as of Monday, November 16. It temporarily halts elective surgeries that can wait four weeks or longer without substantially changing a patient’s outcome. In addition to the restriction on elective surgeries, the new DHM includes all of the health measures that took effect on November 11, 2020 (see an outline of these changes here).

Governor Ricketts also gave an update on the State’s Coronavirus Relief Fund grant programs. On October 19, Governor Ricketts had announced the opening of grant programs to assist businesses, non-profits, and care providers affected by the pandemic. Some of these programs have now stopped accepting applications, but others—such as stabilization grants for hotels and convention centers—remain open. Of the $10 billion of federal coronavirus assistance that has come to Nebraska, $1.084 billion of CARES Act funds came directly to the State of Nebraska for allocation.

Grant applications remain open for the following programs:

• Nebraska Department of Economic Development (DED) Programs:
  • Hotel & Convention Centers Stabilization Program
  • Event Centers & Sports Arenas Stabilization Program
  • Movie Theatre Stabilization Program
• DHHS Programs
  • Stabilization Grant for Charitable Organizations & Licensed Providers

The following grant programs have now closed and are no longer accepting applications:

• DED Programs
  • Small Business Stabilization Program
  • Livestock Producers Stabilization Program
  • Restaurants & Bars Stabilization Program
  • Licensed Personal Service Business Stabilization Program
• DHHS Program
  • Healthy Places Grant for Centers of Worship

To apply for open grant programs, go to coronavirus.nebraska.gov. For application assistance, call 1-833-500-8810 between 7:00 a.m. and 7:00 p.m. CT (Monday through Friday).

On November 9, Governor Ricketts announced new Directed Health Measures (DHMs) that took effect statewide on Wednesday, November 11. The measures are being implemented in response to rising hospitalizations across the state in an effort to slow the spread of the coronavirus. The new DHMs, which took effect statewide on Wednesday, November 11 and are scheduled to remain in effect through at least November 30, include:

• Six (6) feet of separation between parties is required in all instances for the following: gyms/fitness centers, health spas, restaurants, bars, gentlemen and bottle clubs, weddings, funerals, indoor gatherings, and churches/places of worship.
• Masks are required for staff and patrons at salons, barbershops, massage therapy, bowling alleys, pool halls, body art establishments, and any other indoor businesses where staff and patrons are within six (6) feet of each other for 15 consecutive minutes or more.
  • An exception will be made for all services performed on faces. Patrons will be permitted to remove their mask while receiving services directly. The mask must be worn by the patron at all other times while on the premise.
• Extracurricular Activities (school and club sponsored)
  • Fan attendance for all indoor youth extracurricular activities is limited to household members of participants only.

COVID-19 DHMS are available here.

On November 2, Governor Ricketts announced additional financial assistance for long-term care (LTC) facilities as they serve Nebraskans during the coronavirus pandemic. The State of Nebraska is allocating another $15 million to help nursing homes and assisted living facilities cover additional costs they’ve incurred during the pandemic. The State is applying to the federal government to match these funds with $25 million, to provide a total of $40 million of new financial assistance for LTC facilities in Nebraska.

Nevada:

(City of Henderson): On November 16, the City of Henderson began accepting applications for round 3 of its Small Business Recovery Grant program. Home based businesses or businesses licensed at an approved executive suite or virtual office may be awarded up to $2,000. Businesses with a physical commercial location may be awarded amounts ranging from $2,500 to $40,000, depending on the number of full-time equivalent employees. The grant funds may be used for working capital, including the payment of rent, utilities, inventory, payroll, and other operating expenses incurred in connection with the services provided by the business.

To be eligible for the grant, the business must:

1. be headquartered in the City of Henderson;
2. have an active City of Henderson business license;
3. have been in business and operating by March 1, 2020; and
4. have had 100 or fewer full-time equivalent employees as of March 1, 2020.

The following businesses are not eligible to receive to receive a grant under the Henderson Recovery Grant:

1. Business that have received funding from the Henderson Small Business Recovery Grant (Round One) or the Henderson Recovery Grant (Round Two)
2. Non-Profit Organizations with no paid employees;
3. Businesses that have Federal, State or Local Tax Liens;
4. Businesses with over 100 full time employees;
5. Adult Oriented Businesses;
6. Cannabis Related Businesses;
7. Massage Establishments and Massage Therapists;
8. Liquor Stores;
9. Bail Bonds;
10. Real Estate Agents;
11. Food Truck Vendors, Mobile Catering or businesses licensed at a commissary;
12. Check Cashing Facilities; and
13. Payday Loan and other Short-Term Loan Operators.

Applications will be accepted until funds are expended and funds are available on a first come, first served basis. Eligible businesses may apply for the Small Business Recovery Grant here.

New Jersey:

Governor Murphy signed Executive Order No. 196 lowering the indoor and outdoor gathering limits in the state. The indoor gathering limit will decrease from 25 to 10 people and the outdoor limit will decrease from 500 to 150 people. More specifics about the new limits can be found here.

North Carolina:

On November 17, Governor Roy Cooper and Dr. Mandy Cohen, Secretary of the North Carolina Department of Health and Human Services (NC DHHS) announced a new COVID-19 County Alert System to pinpoint counties with the highest levels of viral spread and offer specific recommendations to bring numbers down. This system will help give local leaders another tool to understand how their county is faring and to make decisions about actions to slow viral spread. The map will be updated every four weeks.

The system uses metrics informed by the White House Coronavirus Task Force and North Carolina’s key metrics to categorize counties into three tiers:

• Yellow: Significant Community Spread
• Orange: Substantial Community Spread
• Red: Critical Community Spread

Because no one metric provides a complete picture, the COVID-19 County Alert System uses a combination of three metrics: (1) case rate; (2) the percent of tests that are positive; and (3) hospital impact within the county.

To be assigned to the red or orange tier, a county must meet the threshold for case rate for that tier AND the threshold for either percent positive OR hospital impact.

• Case Rate: The number of new cases in 14 days per 100,000 people
• Percent Positive: The percent of tests that are positive over 14 days
• Hospital Impact: A composite score based on the impact that COVID-19 has had on hospitals including percent of COVID-19 hospitalizations, COVID-19 related visits to the Emergency Department, staffed open hospital beds, and critical staffing shortages over 14 days

Counties that do not meet criteria for red or orange are categorized as being in the yellow tier (significant community spread) and should continue to be vigilant to prevent further spread of COVID-19.

The Alert System includes recommendations for individuals, businesses, community organizations and public officials in every county, as well as specific stepped-up recommendations for orange and red counties.

North Dakota:

On November 13, Governor Burgum announced several mitigation measures aimed at slowing the accelerating spread of COVID-19 in North Dakota in order to protect the vulnerable, ensure hospital capacity and keep schools and the economy open.

The measures include a State Health Officer order requiring face coverings to be worn in indoor businesses and indoor public settings as well as outdoor public settings where physical distancing isn’t possible. The order, signed by interim State Health Officer Dirk Wilke, is effective from November 14 through December 13. It includes exceptions for children under age 5, individuals with a medical or mental health condition or disability that makes it unreasonable to wear a mask, and religious services.

Burgum signed an executive order to implement the other mitigation measures, which take effect Monday, November 16, and are as follows:

• All bars, restaurants and food service establishments are limited to 50 percent of their licensed seated capacity, not to exceed 150 patrons, and are closed to in-person service between the hours of 10 p.m. and 4 a.m. Take-out, curbside and delivery will still be allowed during those hours, and Burgum encouraged North Dakotans to take advantage and support local businesses.
• For those that were already following the ND Smart Restart recommendations of 25 percent capacity in high-risk counties, the change will allow them to safely welcome more customers into their establishments with masking and distancing requirements.
• All banquet, ballroom and event venues are limited to 25 percent of their maximum occupancy, not to exceed new capacity limits that have been established with input from venues and local public health officials based on the size of the venue. Physical distancing and masks will be required for the safety of all venue personnel and patrons.
• Playoff championship contests and performance events sponsored by the North Dakota High School Activities Association during the month of November may continue under NDHSAA requirements. All high school winter sports and other extracurricular K-12 school activities are suspended until December 14. This also applies to all association, community and club sports for youth and adults.
• College and intercollegiate activities must follow guidance from the North Dakota University System and their respective national organizations.
• Industries not covered by the executive order should continue to follow the North Dakota Smart Restart guidelines.

Burgum noted the state will soon make $54 million available through a hospitality grant program to help these businesses navigate this challenging time, and has made $70 million available through the Bank of North Dakota to buy down interest on eligible existing debt for any business whose revenue was impacted negatively by COVID-19.

On October 28, the North Dakota Department of Commerce announced the second round of the Economic Resiliency Grant (ERG) otherwise known as the Hospitality ERG. On November 17, the Department of Commerce announced that the Hospitality Economic Resiliency Grant (HERG) application will begin on November 20 at 10 a.m. CST and will close on December 4 at 5 p.m. CST. Due to the continuing need of assistance, the Department of Commerce created the HERG focus on reimbursing hospitality businesses that were directly impacted by Executive Order 2020-06. This includes all restaurants, bars, breweries, cafes and similar on-site dining establishments.

Eligible entities also include theaters, drama, music and entertainment venues, as well as professional production companies who support major venues, meetings and events.

Hotels with restaurants, bars, coffee shops and or banquets/meeting space may apply for a grant using the operational expenses from those specific operations. The receipts must clearly show this connection such as food costs or staffing.

Funds must be used to reimburse eligible entities for costs in operations, like payroll, rent, utilities, and other expenses that comply with CARES Act federal and/or CDC guidelines that have resulted due to the closures and lack of consumer confidence to return to the marketplace. Eligible expenses must have been incurred on or after March 27, 2020, and no later than date of application. Additional information is here.

Applicants may receive up to $25,000 and eligible entities with multiple locations may receive up to $75,000. A max of $25,000 will be allowed per location. Grant recipients are required to comply with ND Smart Restart protocols. Applications will be considered on a first-come, first-served basis. Funding will be approved if the application meets all criteria and funding is available. Additional information is available at here.

On November 9, Governor Burgum announced steps to help reduce the pressure on North Dakota hospital and health care workers as a result of increasing hospitalization for COVID-19 and other care needs. To help address staffing issues, Burgum announced an amended State Health Officer order that now allows asymptomatic, COVID-19-positive health care workers to work in the COVID unit of a licensed health care facility, so long as they remain asymptomatic and additional precautions are taken as recommended by the U.S. Centers for Disease Control and Prevention and the North Dakota Department of Health (NDDoH) to protect the worker and the community.

On November 3, Governor Burgum announced that $2.5 million in emergency grant relief has been awarded to North Dakota colleges and universities to support modified learning and workforce training enhancements during the COVID-19 pandemic. Over 40 proposals were received totaling more than $7.5 million for the competitive grants. Grants awarded will provide the needed resources to enhance training for students in the health care, manufacturing and energy industries, fund technology improvements needed for modified classrooms and support the creation of curriculum to adapt to education during and after the pandemic. A list of the grant awards is available here.

On October 23, the North Dakota Emergency Commission approved the reallocation of turned-back federal funding to support the state’s COVID-19 response and recovery efforts, directing nearly $221 million to K-12 school districts, cities and counties, businesses including the hospitality industry, hospitals, and other programs. North Dakota received $1.25 billion from the Coronavirus Relief Fund as part of the $2.2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act - the $221 million is what was turned back from the previously allocated federal funding. The allocation will be divided between schools, law enforcement payroll, and business recovery efforts.

Ohio:

On November 17, Governor DeWine announced that the state would soon enter a 21-day quarantine period in response to a COVID-19 surge that has seen the number of new cases triple over three weeks. The state health order is forthcoming.

Beginning Thursday, November 19, Ohio residents will be subject to curfew between 10 p.m. and 5 a.m., with retail businesses remaining closed during the same hours. The curfew will end December 10, unless Governor DeWine chooses to extend it at that time. The goal is to cut down on social gatherings – in bars and in homes – that anecdotally are causing some of the spread.

Exceptions will be made for late-night pharmacies, health care, grocery stores, and carry-out or delivery services for restaurants. Those who work past 10 p.m. will also be allowed to continue doing so. Third-shift manufacturing is not affected. Everyone who has to work during those hours still can. Unlike Ohio's spring stay-at-home order, jobs aren't categorized as essential or non-essential.

DeWine said the order establishes a curfew on individuals, not businesses. No businesses are expected to be closed by the order, but businesses may decide to close during curfew hours.

DeWine said he doesn't expect police or local law enforcement officers to pull people over in violation of the curfew. But he said if officers see people gathering at 10:30 p.m., they have cause to approach them and ask them. The penalty is the same as under all other health orders: a second-degree misdemeanor, punishable by up to 90 days in jail and a $750 fine. However, Governor DeWine noted Tuesday he wasn't aware of anyone being charged for violating a health order during the pandemic.

Oregon:

On November 13, Governor Brown announced a statewide Two-Week Freeze, implementing new measures to limit gatherings and stop the rapid spread of COVID-19 across Oregon. The Two-Week Freeze measures will be in effect from November 18 through December 2, statewide. These risk reduction measures are critical in limiting the spread of COVID-19, reducing risk in communities more vulnerable to serious illness and death, and helping conserve hospital capacity so that all Oregonians can continue to have access to quality care.

The Two-Week Freeze measures include:

• Limiting social get-togethers (indoors and outdoors) to no more than six people, total, from no more than two households.
• Limiting faith-based organizations to a maximum of 25 people indoors or 50 people outdoors.
• Limiting eating and drinking establishments to take-out and delivery only.
• Closing gyms and fitness organizations.
• Closing indoor recreational facilities, museums, indoor entertainment activities, and indoor pools and sports courts.
• Closing zoos, gardens, aquariums, outdoor entertainment activities, and outdoor pools.
• Limiting grocery stores and pharmacies to a maximum of 75% capacity and encouraging curbside pickup.
• Limiting retail stores and retail malls (indoor and outdoor) to a maximum of 75% capacity and encouraging curbside pickup.
• Closing venues (that host or facilitate indoor or outdoor events).
• Requiring all businesses to mandate work-from-home to the greatest extent possible and closing offices to the public.
• Prohibiting indoor visiting in long-term care facilities (outdoor visitation permitted for supporting quality of life).

The Two-Week Freeze does not apply to or change current health and safety protocols for personal services (such as barber shops, hair salons, and non-medical massage therapy), congregate homeless sheltering, outdoor recreation and sports, youth programs, childcare, K-12 schools, K-12 sports currently allowed, current Division 1 and professional athletics exemptions, and higher education — all of which can continue operating under previous guidance issued by the Oregon Health Authority.

For all other permitted activities listed above, the Oregon Health Authority will be issuing sector-specific guidance within the next week. Sectors without specific prohibitions or guidance must operate under this general employer guidance.

On November 13, Oregon OSHA provided additional guidance and resources to help businesses comply with the new temporary rule set to take effect November 16 addressing COVID-19 in all workplaces. Oregon OSHA encourages employers and workers to use the division’s resources to help understand and comply with the requirements. The full text of the temporary rule is available here.

On November 13, Governor Brown’s Office announced, along with the California and Washington governors, travel advisories urging visitors entering their states or returning home from travel outside these states to self-quarantine to slow the spread of the virus. The travel advisories urge against non-essential out-of-state travel, ask people to self-quarantine for 14 days after arriving from another state or country, and encourage residents to stay local. In addition to urging individuals arriving from other states or countries to self-quarantine for 14 days after arrival, the states’ travel advisories recommend individuals limit their interactions to their immediate household. The advisories define essential travel as travel for work and study, critical infrastructure support, economic services and supply chains, health, immediate medical care, and safety and security.

On October 30, the Oregon department of Consumer and Business Services issued a reminder that additional money is available to be disbursed through the Temporary Paid Leave Program for people who work in Oregon and need to quarantine or isolate due to COVID-19 exposure, but do not have access to COVID-19-related paid sick leave. Employees who work in Oregon can apply online for the COVID-19 Temporary Paid Leave Program at the following link. The Oregon Department of Consumer and Business Services is administering the program.

People who qualify will receive a $120 per-day payment for up to 10 working days ($1,200 total) for the time they need to quarantine.

Texas:

Governor Abbott announced that the Texas Department of State Health Services is allocating an initial shipment of Eli Lily & Company’s monoclonal antibody therapy to be distributed to acute care hospitals across the state. The intention is these treatments will help health care professionals effectively treat COVID-19 cases in their communities.

Virginia:

On November 13, 2020, Governor Ralph Northam announced a series of new actions to slow the spread of the coronavirus in Virginia. Governor Northam also released a video updating Virginians on the actions as well as additional states taken by the state to slow the spread. The following orders went into effect at midnight on November 15, 2020:

• All public and private gatherings are limited to 25 individuals. This is a substantial decrease from the previous cap of 250 people. This includes outdoor and indoor venues.
• The mask mandate has been expanded to require all individuals aged 5 and over to wear a face covering in indoor public spaces. This expanded the previous mask mandate, which applied to only individuals aged 10 and over.
• All essential retail businesses, including grocery stores and pharmacies, must follow state guidelines for physical distancing, wearing face coverings, and enhanced cleaning. Violations will now be enforceable as a Class One misdemeanor through the Virginia Department of Health.
• The on-site sale, consumption, and possession of alcohol is prohibited after 10:00 p.m. in any restaurant, dining establishment, food court, brewery, microbrewery, winery, distillery, or testing room. All such establishments must also close by midnight.

Washington:

On November 15, Governor Inslee announced a four-week statewide set of restrictions in response to the recent rapid spread of the COVID-19 virus in Washington and across the country. The new restrictions come as Washington sees consistent increasing daily case counts, with over 2,000 cases a day over the weekend and average cases in the state doubling over the past two weeks. The restrictions are statewide and will take effect Monday, November 16 at 11:59 p.m. and will remain in effect until Monday, December 14. The modified restrictions of restaurants, however, will take effect Wednesday, November 18 at 12:01 a.m. To help mitigate financial impacts on businesses and their employees, the state will commit $50 million in aid. In the short term, the state is commuting $20 million be dedicated to cash assistance targeted directly to hardest hit industries. Remaining funds will be focused on supporting recovery efforts through business loans. Additional details are forthcoming – the current full proclamation is available here, with a guidance available here.

On November 13, Governor Inslee, issued a travel advisory for Washington, recommending a 14-day quarantine for interstate and international travel and asks residents to stay close to home. Inslee joined California Gov. Gavin Newsom and Oregon Governor Kate Brown in urging visitors entering their states or returning home from travel outside these states to self-quarantine to slow the spread of the virus. In addition to urging individuals arriving from other states or countries to self-quarantine for 14 days after arrival, the states’ travel advisories recommend individuals limit their interactions to their immediate household. The advisories define essential travel as travel for work and study, critical infrastructure support, economic services and supply chains, health, immediate medical care, and safety and security. Read the advisory here.

On November 9, Governor Inslee, announced the extension of 27 proclamations in response to the continuing COVID-19 pandemic. A November 9 letter from the Legislature extended the following proclamations until December 7, 2020:

• 20-15.9: Department of Licensing (20-15.8)
• 20-20.9: Department of Revenue - Relief from Penalties, Fees, Interest, Due Dates (20-20.8)
• 20-21.9: Unemployment Benefit – 1 Week Waiver (20-21.8)
• 20-23.12: Ratepayer Assistance and Preservation of Essential Services (20-23.11)
• 20-28.12: Open Public Meetings Act and Public Records Act (20-28.11)
• 20-29.9: Telemedicine (20-29.8)
• 20-30.9: Unemployment Benefit – Job Search Requirement (20-30.8)
• 20-31.9: Division of Child, Youth, and Families – Child Care and Background Checks (20-31.8)
• 20-32.9: Department of Health– Health Care Workers (20-32.8)
• 20-36.7: Department of Health - Health Care Facilities and Hand Sanitizer (20-36.6)
• 20-41.10: Department of Licensing – License and Permit Renewal Extension (20-41.9)
• 20-43.8: Office of Financial Management, State Human Resources Division – Annual Leave and Pay Procedures (20-43.7)
• 20-44.8: Nursing Home Transfer or Discharge for COVID-19 Cohorting Purposes (20-44.7)
• 20-45.8: Protection Orders and Personal Service (20-45.7)
• 20-48.8: Department of Licensing – CDL Health Certificates and Other Requirements (20-48.7)
• 20-49.10: Garnishments and Accrual of Interest (20-49.9)
• 20-51.9: Community Associations Meetings and Late Fees (20-51.8)
• 20-52.8: Statewide Orders Relating to Long-Term Care (20-52.7)
• 20-56.6: Tribal Fuel Tax Refund Restrictions (20-56.5)
• 20-58.5: Shared Work (20-58.4)
• 20-59.6: Temporary Licensing - Dental and Pharmacy Graduates (20-59.5)
• 20-63.4: Department of Social and Health Services - Family Emergency Assistance Program (20-63.3)
• 20-64.3: Public Records Act – Contact Tracing -- Personal Information (20-64.2)
• 20-65.3: Long Term Care – Workers, Facilities, and Resources (20-65.2)
• 20-66.3: Long-Term Care – Operations and Visitation (20-66.2)
• 20-69.2: Residency for Tuition Waivers (20-69.1)
• 20-74.1: Behavioral Health Association, Children’s Long-Term Inpatient Program and Residential Treatment Facilities – Operations and Visitation (20-74)

West Virginia:

On November 13, 2020, Governor Jim Justice announced that he issued an executive order (EO No. 77-20), amending and broadening the state’s original Statewide Indoor Face Covering Requirement. This updated indoor face covering requirement went into effect at 12:01 am on November 14, 2020. The new order requires all citizens age 9 or older to wear a face covering at all times inside all indoor public places. This is an expansion from the original requirement which allowed masks to be removed indoors if adequate social distancing could be maintained. The new order does away with that exception.

The new order does not apply to anyone who has trouble breathing or anyone otherwise unable to remove their own face covering without assistance. It also does not apply to anyone who is actively consuming food or drink inside a restaurant, anyone inside a closed room alone, or inside one’s private residence. Face shields are an acceptable substitute for individuals with physical conditions that may cause them to be unable to properly wear a face covering.

Under the updated indoor face covering requirement, all businesses and organizations that invite the public into their facilities are required to post adequate signage advising patrons of the requirement. Those establishments are also responsible for enforcing the face covering requirement.

On November 13, 2020, Governor Justice also took the following actions to slow the spread of COVID-19:

• Executive Order No. 80-20, which postpones the start date for all youth winter sports teams and leagues. The order prohibits all youth winter sports teams and leagues—school-sanctioned or otherwise—from bringing players and spectators into a common area within the state for practices, games, or any other type of competition no sooner than January 11, 2021. All winter sports that have already begun to practice must cease immediately. The order does not apply to fall sports previously underway. Fall sports are allowed to conclude their season in accordance with their county’s color code in the WDVE School Alert System Map and the DHHR’s County Alert System Map.
• Executive Order No. 78-20 extending Thanksgiving Break for all public and private schools in West Virginia by three days. Public and private schools in all 55 counties may resume in-person instruction on December 3, 2020.
• Executive Order 79-20 requiring all doctors, nurses, staff, and employees working at nursing homes and assisted living facilities in the state to be tested for COVID-19 twice a week. The twice weekly testing requirement will remain in place until Governor Justice rescinds by executive order.
• At the request of the West Virginia Bandmasters, all band festivals for Spring 2021 have been cancelled.

Wisconsin:

(Madison & Dane): The Public Health Officer of Madison and Dane County issued Emergency Order #10 on November 17, 2020. Effective November 18, at 12:01 a.m.:

• Masks must be worn by all individuals over the age of five unless subject to a specific exception.
• All indoor gatherings, such as a concert, festival, meeting, performance, sporting event, or group exercise class are prohibited. An outdoor gathering is limited to 10 individuals, not including employees. Religious entities are exempt from these requirements for religious services and religious practices only.
• Schools may continue to operate in person classes based on a temporary injunction issued by the Wisconsin Supreme Court. However, classrooms may not contain more than fifteen children if the children are age twelve or under, or more than fifteen children if age thirteen to seventeen.
• Games or competitions are prohibited between teams for medium or high risk sports, such as those that involve close contact or without protective barriers. Games and competitions for low risk sports, such as individual sports or those with physical distancing, are allowed.
• Generally, all businesses are subject to a 50% capacity limit. Restaurants are limited to 25% dine-in capacity and customers may enter taverns only for only for the purposes of ordering, pick-up, and payment of food or beverage or while in transit.

This order remains in effect until December 16, 2020 at 12:01 a.m.

November 16, 2020

Alaska:

Governor Dunleavy issued eight “Outbreak Heath Orders” on November 15, 2020. All eight orders are effective as of November 16, 2020 and will remain effective for the duration of the Public Health Disaster Emergency Declaration.

Outbreak Health Order 1 suspends sections of the Alaska Administrative Code and Sections of Alaska Statutes. Each provision that is suspended is listed in the Appendix to the Order.

Outbreak Health Order 2 permits courtesy licenses and telemedicine and telehealth.

• Courtesy licenses: Provisions governing law, professional, or occupational licensing boards are relaxed. For example, such boards may grant licenses on an expedited basis to an individual who holds a corresponding license and is in good standing in another jurisdiction; they may not increase licensing fees; they may temporarily waive or modify continuing education requirements for the year 2020; they may regulate the scope and duration of any license; and they may require any individual granted a courtesy license to arrange and agree to supervision by an individual who holds a license and is in good standing for the applicable profession.
• Telemedicine and telehealth: Provisions requiring in-person physical examinations to provide treatment, render a diagnosis, or prescribe medicine (excluding controlled substances) are suspended if the health care provider is licensed in their jurisdiction and if the provider is acting within their scope of practice.

Outbreak Heath Order 3 permits shareholders’ meetings to be held by electronic communication to the extent that the corporation’s board authorizes and adopts guidelines to govern an electronic meeting. The Order details other procedures that can assist with virtual shareholders’ meetings, including:

• The corporation may re-notice or notice the annual meeting so that it may be held by electronic communication.
• A meeting of members of a nonprofit corporation organized under Alaska law may be held by telecommunication to the extent the board adopts or amends its bylaws to allow for an electronic meeting.

Outbreak Health Order 4 requires the state to implement a temporary quarantine and isolation program utilizing non-congregate shelter solutions, including hotels, college dormitories, and properly modified non-traditional structures to provide temporary shelter for the following populations: first responders and health care workers who need to quarantine, homeless families where one member has tested positive for COVID-19; homeless individuals who have tested positive or have a known exposure; homeless shelter occupants aged 65 and older; and individuals of any age with underlying medical conditions as described by the CDC.

Outbreak Health Order 5 provides guidance for critical infrastructure businesses operating in Alaska. The Order adopts guidance published by the Cyber and Infrastructure Security Agency (CISA), and requires that all public sector critical infrastructure businesses that have staff arriving or traveling out of state or on the Alaska Marine Highway System to submit a Community/Workforce Protective Plan to the Alaska COVID-19 Unified Command. Detailed instructions for submitting the Plans can be found at: https://covid19.alaska.gov/unified-command/protective-plans/.

• Appendix 5-01 details enhanced protective measures required for seafood processing workers.
• Appendix 5-02 establishes general guidance for independent commercial fishing vessels and the minimum standard for protective measures.
• Appendix 5-03 establishes general guidance for commercial fishing harvesters and the minimum standard for protective measures.
• Appendix 5-04 is an acknowledgement form that commercial fishing vessels and shore-based harvesting operations must submit.

Outbreak Heath Order 6 details what is required of all international and interstate travelers entering Alaska.

• All international and interstate travelers must complete a travel declaration form and a self-isolation plan in the Alaska Travel Portal. If the traveler is positive with COVID-10, they may not travel to Alaska until they have been released from isolation or cleared for travel by a medical provider or public health official.
• All travelers entering Alaska must comply with one of the following:
  • Submit negative test results from a test taken within 72 hours of departure into Alaska or have proof of such test upon arrival, and social distance for five days after arrival into the state.
  • If the traveler does not yet have results from a test taken within 72 hours of departure, they must follow strict social distancing guidelines until results arrive, and then upload the result once received. If the test is positive, the traveler must remain in isolation at their own expense and cannot travel until cleared by Public Health.
  • If a non-resident traveler does not get a COVID-19 test before departure, they must pay $250 to obtain a test upon arrival at the airport. Residents of Alaska may obtain a test at the airport at no cost. These travelers must social distance until results arrive.
• Alaska residents must quarantine for 14 days after their arrival into Alaska if they do not wish to take a test. If the resident travels outside of the state for less than 72 hours, no test or quarantine is required.
• If any traveler provides proof of a previously positive COVID-19 test within 90 days of departure, is asymptomatic, and can provide documentation of recovery from a medical provider or public health official, no test is required before or upon arrival.

Outbreak Health Order 7 permits online ticket sales for raffles, lotteries, dog mushers’ contests, derby, or a type of classic defined at state law to in-state purchasers of legal purchasing age. Purchasers must be physically present in Alaska, and not within an option area where charitable gambling is prohibited. Permittees may draw winning tickets online.

Outbreak Heath Order 8 states that in-state travel is allowed for all purposes. Local communities may, however, enact their own requirements and rules for travelers (e.g., pre-travel test and social distancing after arrival). Local communities may not enact protective measures that prevent, delay, or limit travel by law enforcement officers, healthcare workers, or personnel from the Office of Children’s Services, but they may enact such measures for all other residents. The Order also details several requirements pertaining to travel on the Road System or Alaska Marine Highway System.

California:

California effectively shelved its Blueprint for a Safer Economy (“Blueprint”) on Monday in response to a sharp increase in COVID-19 cases and hospitalizations. Consequently, on November 17, 2020, 94.1% of California’s population will be subject to the most restrictive limitations on social and economic activity under the Blueprint. Only a handful of counties, including San Francisco, San Mateo, and Marin counties, will be allowed to operate under the restrictions imposed by the Blueprint’s second most restrictive tier: Substantial Tier 2. These two tiers will halt the State’s reopening for the foreseeable future as state health officials try to flatten the virus’ curve.

Further, the California Department of Health revised its face-covering guidance to require all residents over the age of two to wear a face covering outside one’s home. The revised guidance maintains certain exceptions in place under the prior guidance for persons driving alone or with members of their household in a car, persons who are working in a room or office alone, and persons who are outdoors and maintaining at least six feet of social distancing from others not in their household.

Below is a summary of the restrictions imposed by Widespread Tier 1 and Widespread Tier 2 under the Blueprint:

Colorado:

Governor Polis extended prior orders allowing the suspension or extension of various licenses and permitting voluntary elective surgeries or procedures with certain additional requirements.

In addition to allowing voluntary elective surgeries and procedures, Executive Order D 2020 249 requires the Colorado Department of Public Health and Environment (“CDPHE”) to issue a Public Health Order mandating certain protocols and best practices for those facilities providing such procedures. The order identifies numerous criteria that the CDPHE must include in the protocols, including:

• Access to PPE, ventilators, and trained staff;
• Use of PPE or face coverings for providers, staff, patients, and visitors;
• Intermittent patient scheduling to provide for social distancing, enhanced cleaning, sufficient time to change PPE, and to minimize aerosol contamination;
• Implementation of a universal symptom screening process for all staff, patients, and visitors upon arrival; and
• Viable methods to eliminate, reduce, or contain aerosol production during care.

The order will remain in effect until December 13, 2020.

Executive Order D 2020 251 extends the authorization for executive directors of certain state agencies to promulgate and issue emergency rules extending the expiration date of licenses and other documents described in Executive Order D 2020 015 (as amended) until December 14, 2020.

On November 13, Governor Polis and the Colorado Department of Health and Environment extended their efforts to protect vulnerable populations and the employees of critical businesses and those operating mass transit systems.

Executive Order D 2020 245 continues to require Coloradans to wear a mask in public when in close proximity to others, entering indoor facilities, or waiting for and riding mass transit. The order extends the requirements of the State’s prior face-covering orders—Executive Order 110 (as amended by Executive Order D 2020 190, among others)—until December 9, 2020. The face-covering mandate applies to all individuals 10 years of age or older.

Further, the CDPHE enhanced the testing requirements for staff and residents at Colorado licensed or certified skilled nursing facilities, intermediate care facilities, assisted living residences, and group homes. Under the Fourth Amended Public Health Order 20-20, effective November 20, 2020, these facilities must implement COVID-19 ongoing surveillance testing, and outbreak testing as needed, for all staff and residents, which includes weekly surveillance testing for staff.

The amended PHO 20-20 also modifies the requirements imposed on those facilities to allow for indoor visitation. Indoor visitation may occur if a facility: (1) is located in a county that satisfies certain minimum thresholds for case rates; (2) has not had a case in the previous 28 days; (3) has conducted conduced at least two rounds of testing of all staff and residents who have left the facility within the preceding 14 days prior to the start of indoor visitations; (4) maintains an ongoing 14-day supply of all necessary PPE that would be necessary to respond to an outbreak, without dependence on State or local public health stockpiles; and (5) maintains adequate staffing for indoor visitation.

(Denver County): The City and County of Denver is now under a 10:00 p.m. to 5:00 a.m. curfew until December 7, following the enactment of the City’s Home by 10 Public Health Order (“Order”). The Order and the associated curfew impose a variety of restrictions on social and economic activity, which largely mirror existing statewide limitations.

For example, the Order expressly incorporates the limits on private and public gatherings imposed by the State’s Public Health Order 20-36. Since the City is in safer-at-home Level Orange, the Order prohibits gatherings of more than 10 people from more than two households. It also adopts PHO 20-36’s operational restrictions for restaurants and bars that serve food (bars that do not serve food remain closed to in-person operations), although groups are limited to six people from no more than two households instead of the 10 permitted by PHO 20-36.

Under the Order, after 10:00 p.m., the City’s residents are prohibited from using, standing, sitting, traveling or being otherwise present on any public street or in any public place, including for the purpose of travel, subject to various exceptions for Necessary Travel, Necessary Activities, and accessing Critical Businesses. Further, all recreational sports activities, including organized recreational youth and adult league sports, practices, games, and tournaments, are prohibited.

Delaware:

On November 13, Governor Carney and the Delaware Division of Public Health (DPH) announced that the State would partner with pediatric care providers, including Nemours Children’s Health System, to increase accessibility to COVID-19 rapid antigen tests across the state. DPH has recommended that teachers, staff, and students get tested at least once a month to identify and mitigate community spread through the school system. The increased availability of rapid-testing will help the state reach that testing goal.

Georgia:

On November 13, Governor Kemp issued Executive Order 11.13.20.01, extending the “Empowering A Healthy Georgia” Order until 11:59 p.m. on November 30, 2020. The extended Order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.” Governor Kemp is encouraging Georgia residents to be vigilant and to "continue to wash your hands, wear a mask, watch your distance, follow public health guidance, and get a flu shot.”

Illinois:

Mayor Lightfoot, the Chicago Department of Public Health, and the Department of Business Affairs and Consumer Protections launched their “Protect Chicago” strategy for mitigating the spread of COVID-19. Under this strategy, a Stay-at-Home Advisory went into effect on November 16. Though not ordered to do so, Chicago residents are strongly advised to remain in their homes except when traveling to work or school or when seeking out essential needs such as medical care, going to the grocery store or pharmacy, picking up food, or receiving deliveries. Those who must leave their homes are advised to wear a face covering and practice social distancing. Further, residents are strongly advised to:

• Not have guests in their homes unless they are essential workers (e.g., home healthcare providers, childcare workers or educators)
• Cancel traditional Thanksgiving celebrations
• Avoid travel

Cook County released a similar advisory, urging residents of suburban Cook County to remain in their homes for all but essential activities. Both Chicago and Cook County’s advisories will remain in effect for at least 30 days.

Indiana:

Governor Holcomb signed Executive Order 20-48, which provides for county-based measures and restrictions based on the impact and spread of COVID-19. Under this order, all measures and restrictions set forth in Executive Order 20-46 are rescinded and replaced starting November 15, 2020 at 12:01 a.m., continuing through December 12, 2020 at 11:59 p.m. Under the new order, the State Health Commissioner will conduct weekly health assessments of each county and convey the results of those assessments to residents using a color-coding system. Each of the four colors – blue, yellow, orange, and red – will have associated special measures and restrictions, which will be respectively applicable to each county.

Beyond the restrictions imposed by the color codes, all residents and businesses are still subject to additional requirements such as:

• Face covering requirements;
• COVID-Response Plans; and
• Social distancing and other sanitation requirements; among others.

Kansas:

(Johnson County): On November 13, the Johnson County Commission approved capping public mass gatherings to 50 people or 50% capacity. Schools and places of worship are exempt. The gathering limit also does not apply explicitly to bars, restaurants, gyms, healthcare organizations, funeral services, and retailers.

All businesses must enforce face masks and 6 feet social distancing, with the exception of performing personal services, such as at a salon, doctor, etc., where social distancing is not possible. Masks will still be required when entering those businesses.

Bars and restaurants serving alcohol are required to close dining areas at midnight and the dining area must remain closed for four hours. The establishments may continue to provide carryout, drive-through, and delivery after midnight.

The new restrictions will go into effect Monday, November 16, and will not end until at least January 31, 2020.

County attorneys are drafting a civil penalty to fine businesses up to $500 per violation of the order. The vote will occur Thursday, 11/19.

Maine:

On November 13, Governor Mills announced an adjustment to Maine’s travel protocols. Effective November 16, individuals traveling from Massachusetts are no longer exempt from Maine’s quarantine or negative test requirement. People coming to Maine from these states must either quarantine for 14 days or receive a negative COVID-19 test with a sample taken less than 72 hours from arrival in Maine, quarantining while awaiting test results. This protocol includes Maine residents returning from one of the non-exempt states.

Michigan:

Director Gordon, of the Michigan Department of Health and Human Services, signed the latest version of the Gatherings and Face Mask Order. Under this order, indoor gatherings are prohibited at all non-residential venues, and only prohibited at residential venues when there are no more than 10 people from no more than 2 households in attendance. Outdoor gatherings are similarly limited to 25 or fewer people from no more than 3 households. There are additional restrictions and exceptions for gatherings at certain facilities and for certain purposes, which are further explained in the order. Face masks and contact tracing requirements are also provided for in the order.

This latest order takes effect on November 18, 2020 at 12:01 a.m., at which time the previous order is rescinded. The order will remain in effect through December 8, 2020 at 11:59 p.m.

New Jersey:

Governor Murphy signed Executive Order No. 195 allowing municipalities and counites to impose additional restrictions on the hours of operation of non-essential retail businesses, food and beverage establishments, and recreation and entertainment business after 8:00 p.m. Municipalities and counites will not be able to prohibit dining establishments from arranging for the pickup or delivery of goods or limiting the scope of their operations.

(Newark): Mayor Baraka enacted some new restrictions to curb the spread of COVID-19. The restrictions include all non-essential businesses must close at 8:00 p.m. every day. Other restrictions include restaurants, businesses and offices are required to follow mask protocols. Other newly imposed restrictions can be found here.

New Mexico:

New Mexico joined the growing chorus of states re-imposing lockdowns on their populations as COVID-19 infection rates and hospitalizations rapidly increase. On November 13, the New Mexico Department of Health revised its standing Public Health Order to impose stay-at-home restrictions similar to those employed at the start of the pandemic. These restrictions took effect on November 13 and will continue until November 30.

Under the revised order, residents are strongly encouraged to stay at home and all gatherings of five or more individuals from different households—whether the gathering occurs indoors or outdoors—are prohibited. Further, all businesses and non-profit entities, except those entities defined as “essential businesses,” must reduce their in-person workforce by 100%. “Food and Drink Establishments” (e.g., restaurants, cafes, breweries) must also cease all indoor and outdoor dine-in service, though they may continue to provide carryout or delivery service.

The Order defines essential businesses as any business or non-profit entity falling within one or more of the numerous categories listed in the order, including: certain health care organizations; indigent care services; childcare facilities; grocery and food and beverage stores; food cultivation, processing, or packaging operations; infrastructure operations (including construction); manufacturing operations; security and sanitation services; media services; gas stations and automobile repair facilities; hardware stores; laundromats and dry cleaners; utilities; funeral homes; banks and other financial service providers; real estate services; and mail and shipping services.

The following business sectors are also subject to new restrictions under the revised order:

• Retail Spaces: An essential business identified as a “retail space” may not exceed either 25% of the maximum occupancy as determined by the relevant fire marshal or more than 75 customers in the business space at any given time, whichever is less, and must close by 10:00 p.m.;
• Close-Contact Businesses: Barbershops, hair salons, gyms, group fitness classes, tattoo parlors, among others, must reduce their in-person workforce by 100%;
• Places of Lodging: Hotels, motels, RV parks, and short-term vacation rentals that have completed the N.M. Safe Certified training offered at nmsafecertified.org may operate up to 25% of maximum occupancy, while others must remain closed; and
• Outdoor Recreational Facilities: Golf courses, public swimming pools, outdoor tennis courts, ski basins, youth programs, among others, must close.

New York:

(New York City): On November 13, Mayor de Blasio signed Executive Order 161 extending the State of Emergency declaration in New York City until November 18.

Ohio:

On November 16, Governor DeWine announced that Ohio Department of Health Interim Director Lance Himes signed a revised health order to limit mass gatherings in Ohio.

In order to minimize the spread of COVID-19 through airborne particles passing between people in close contact, wedding receptions, funeral repasts, and other events at banquet facilities are subject to the following restrictions:

• No socializing or activities in open congregate areas and no dancing.
• Guests must be seated at all times. Traditional wedding reception events such as first dance, toasts, tossing the bouquet and cutting the cake are permitted.
• If serving food and beverages, guests must be served at their seats. No self-serve buffets and no self-serve bar areas permitted.
• Masks must be worn at all times unless actively consuming food or beverages.
• No more than 10 people should be seated at a table and those individuals must be from the same household.

This order does not apply to religious observances; First Amendment protected speech, including petition or referendum circulators, and any activity by media; and to governmental meetings which include meetings that are required to be open to the public.

This order goes into effect November 17, 2020 at 12:01 a.m.

On November 13, Governor DeWine announced that Ohio Department of Health Interim Director Lance Himes signed a health order to enforce mask-wearing in retail locations across the state in compliance with the statewide mandatory mask order signed on July 23, 2020. This order restates that everyone 10 years-old or older must wear a facial covering when in a retail store. This order takes effect beginning at 12:01 a.m. on November 16, 2020.

The order includes compliance enforcement, where state of Ohio employees with enforcement powers, including the Ohio Bureau of Workers’ Compensation Retail Compliance Unit employees working on behalf of the Ohio Department of Health, representatives of local health departments, and local law enforcement are authorized to inspect and enforce the order.

All retailers shall allow representatives of the Ohio Department of Health, a local health department, or law enforcement to inspect public areas during business hours. The representative will issue an initial warning to the business before issuing a notice of violation requiring closure. If a notice of violation of these orders is issued by a representative from the Ohio Department of Health, a local health department, or law enforcement, the retail location must immediately shut down for no longer than 24 hours to allow for dissipation of COVID-19 airborne droplets.

Citizens observing non-compliance should notify the Ohio Department of Health call center at 1-833-4ASKODH (1-833-427-5634).

This order does not apply to restaurants, bars, banquet and catering centers, hair salons, day spas, nail salons, barber shops, tattoo parlors, body piercing locations, tanning facilities, gyms, dance instruction studios, or personal fitness venues as these businesses fall under previously-issued, existing orders.

On November 12, Lieutenant Governor Husted reminded Ohio small businesses that the application period for the Small Business Relief Grant and Bar and Restaurant Assistance Fund is now open.

The Small Business Relief Grant provides a $10,000 grant to small businesses with at least one but no more than 25 employees. The grant funding will help businesses pay for a variety of expenses, including mortgage or rent payments; utility payments; salaries, wages, or compensation for employees and contractors; business supplies or equipment; and other costs. Grants will be awarded on a first-come, first-serve basis. To ensure the grants are spread throughout the state, $500,000 will be set aside for businesses in each of Ohio’s 88 counties. When a county’s allocation is depleted, businesses in that county will be eligible to receive grants from the remaining funds in the overall grant program.

The Bar and Restaurant Assistance Fund provides $2,500 for those permit holders who have not been able to fully use their liquor permit. Businesses with an on-premise consumption permit through the Ohio Department of Commerce will be eligible to receive $2,500 per unique business location. Businesses need to have an active on-premise permit as of close of business on October 23, 2020.

More information can be found at BusinessHelp.Ohio.gov.

Governor DeWine added that new health data compiled by the Ohio Department of Health found that all 88 counties in Ohio remain at "high incidence" as defined by the Centers for Disease Control and Prevention. According to the updated Ohio Public Health Advisory System map, 68 counties are currently rated as having a very high risk of exposure and spread (Red Level 3), up from 56 counties last week. This represents the highest number of Red Level 3 counties since the launch of the advisory system in July. Both Franklin and Tuscarawas counties met six of seven advisory-system indicators and are approaching Purple Level 4.

Governor DeWine also announced the creation of a new zip code dashboard. Ohioans can now view data from their local communities and filter data by probable or confirmed case status, county, a specific zip code, or a specific time period. Case counts will also be available on a downloadable, filterable chart sorted from the most cases to the least. To protect confidentiality, case counts for zip codes with fewer than five cases or less than 100 total residents will not be displayed. The new zip code dashboard can be found at coronavirus.ohio.gov.

Governor DeWine also created a flu dashboard that expands the statewide data that the Ohio Department of Health shares on seasonal flu activity each year. The new dashboard shows flu trends over time with charts that indicate whether flu hospitalizations or cases of flu-like illness are on the rise or decline as compared to the previous week and compared to the five-year average data. Hospitalization data is broken down by region, county, date, sex, age, race, and ethnicity. The data shows only positive flu PCR tests reported by public health laboratories and selected clinical laboratories that participate in the national flu monitoring system. Additional data will be added moving forward, and the dashboard will be updated every Friday at 9:00 a.m. The new flu dashboard can be found at flu.ohio.gov.

Lastly, Governor DeWine announced that the state is setting aside $30 million to assist the state’s 113 local health departments. Each department will receive $200,000 and will have the flexibility to determine how to best use the funds as they see fit to fight COVID-19. The remaining money will be used to hire contact tracers to support local health departments. Contact tracers will deploy where they are needed across the state to assist in identifying individuals who may have been exposed to COVID-19 and prevent further spread.

Oklahoma:

Governor Stitt announced that various restrictions will go into effect on Thursday, November 19. In an effort to curb the spread of COVID-19, all bars and restaurants will be ordered to close at 11:00 p.m. Only curbside and drive-thru service may continue after 11:00 p.m. Further, restaurants must keep all tables 6 feet apart. If this is not possible, restaurants are permitted to install sanitary dividers.

Vermont:

On November 13, Governor Scott signed Addendum 8 to the Amended and Restated Executive Order 01-20. This new order extended all directives imposed under 01-20 to December 15, 2020. More specifically, the new order implemented the following restrictions effective November 14 at 10:00 p.m.:

• Social gatherings involving multiple households are suspended. These include holiday parties and birthday celebrations.
• Restaurants (1st Class Licensees) must close for in-person dining by 10:00 p.m. Please note curbside pickup, delivery, and take out may continue past 10:00 p.m.
• Bars and social clubs (2nd and 4th class licenses) must close for in-person consumption of food and beverages but can offer curbside pickup, delivery, and takeout of food and beverages, including alcohol.
• Youth and adult recreational sporting events are suspended, including practices.
• All businesses must reinstate telework to the maximum extent possible.

Virginia:

On November 9, Governor Northam announced that Virginia will allocate federal CARES Act funds to the following organizations and programs:

• $25 million to monthly retainer payments for day support programs that provide services for Virginians with developmental disabilities. These programs offer services and support to individuals who receive Medicaid’s developmental disability waiver services. Between March 12 and July 31, 2020, these providers could bill Medicaid for retainer payments instead of services. New budget language extends the ability of the Department of Medical Assistance Services (DMAS) to offer similar payments through the end of December, using the CARES Act funding. DMAS will administer the payments and determine eligibility. Payments will cover the period from August 1 to December 30, 2020.
• $22 million to support Virginia’s private institutions on higher education. These funds will be used to support COVID-19 preparedness and response efforts at Virginia’s private non-profit colleges and universities. The State Council for Higher Education for Virginia (SCHEV) will distribute the funds based on COVID-19 expenses incurred between July 1 and November 1, 2020. The funds will support pandemic-related expenditures including PPE, sanitization and cleaning, and testing for students, faculty, and staff.
• $60 million to support municipal utility relief efforts during the COVID-19 pandemic. This funding, combined with the Governor’s proposed budget amendment to provide $60 million for jurisdictional utilities, will direct a total of $120 million for residential and non-residential utility customers impacted by the ongoing public health crisis.
• $7 million to Virginia food banks to help Virginians who rely on food assistance.

On October 27, Governor Northam announced a new allocation of over $116 million in Federal CARES Act funds to support Virginia’s institutions of higher education. In accordance with the state General Assembly’s recently advanced budget, the funding will be distributed to public universities and medical centers to support telework and distance learning infrastructure, PPE, sanitization and cleaning, and testing for students, faculty, and staff.

On October 23, Governor Northam announced that $22 million in federal CARES Act funding will be will used to create a statewide program to distribute COVID-19 vaccines when such vaccines are approved for public use. Virginia submitted its vaccination plan to the Centers for Disease Control and Prevention on October 1, 2020. The $22 million will support the Virginia Department of Health’s vaccination preparation and planning through the end of 2020. The Virginia Department of Health estimates the vaccination program will cost approximately $120 million.

The vaccination plan outlines important aspects for preparing and implementing a COVID-19 vaccination program including:

• Assumption, variables, and scenarios that can impact vaccine planning
• Measures to identify and estimate critical populations and establish vaccine priority groups
• Measures for recruiting providers, enrollment, and training
• Process for vaccination allocation, ordering, distribution, inventory management, and reporting doses administered
• Guidelines for proper vaccine storage and handling
• Methods for second dose reminders to ensure compliance with vaccine dosing intervals
• Systems for vaccine safety monitoring
• Procedures for vaccination program monitoring, including online dashboards
• Efforts to build confidence and inform the public about the safety and efficacy of the vaccine, working with trusted community partners

The Governor stated that the Virginia Department of Health is committed to distributing the vaccine equitably. Health officials are planning for ways to vaccinate large numbers of people while maintaining social distancing.

Also, on October 23, Governor Northam announced that $3 million in federal CARES Act funds have been allocated to reimburse members of the Virginia Association of Free and Charitable Clinics for those clinics’ COVID-19 related expenses, including PPA, sanitation measures, telehealth, and hiring new staff.

On October 21, Governor Northam along with First Lady Pamela Northam announced that $65.8 million in new funding has been allocated to increase access to child care and support child care providers amid the ongoing COVID-19 pandemic. This money is supported by $58.3 million in Coronavirus Relief Fund dollars as well as a reallocation of $7.5 million in Child Care and Development Block Grant (CCDBG) funding through the federal CARES Act.

Governor Northam also announced that he signed 16 new laws and proposed changes to five bills that will support the state’s ongoing COVID-19 response, among other things. The Governor signed the following laws to support COVID-19 response and recovery efforts:

• House Bill (HB) 5041 and Senate Bill (SB) 5042 require the Board of Health to establish protocols related to safe nursing home, hospice, and nursing facility visits.
• HB 5048 and SB 5090 provide additional clarity to the Virginia Department of Health regarding publication of disease outbreak data.
• HB 5093 and SB 5117 allow a $500 civil penalty for violations of a Governor’s Executive Order, instead of the Class 1 misdemeanor previously required by Virginia Code.
• HB 5047 strengthens Virginia’s anti-price gouging laws during declared states of emergency.
• SB 5039 establishes a formal program for the purchase and distribution of personal protective equipment during a public health threat.
• HB 5087 extends the date by which the Virginia Employment Commission is required to establish and implement a short-time compensation program and removes the program’s sunset clause.
• SB 5083 requires Virginia school boards to publicly post their plans and strategies for mitigating the spread of COVID-19.
• SB 5017 grants the state the ability to establish and enforce health standards at local correctional facilities used by ICE or other federal agencies.
• HB 5046 and SB 5080 expand Medicaid coverage of telemedicine care. The Governor also added an emergency clause to make the legislation effective immediately.
• HB 5115 expands eviction protections for Virginians who experienced a loss of wages due to the COVID-19 pandemic. Governor Northam added an emergency clause to make the legislation effective immediately.

On October 16, Governor Northam announced that the Department of the Treasury’s Unclaimed Property Program returned more than $67.8 million in unclaimed property to Virginians to fiscal year 2020, representing over 111,000 asset accounts. New virtual outreach has been implemented this year to assist individuals with filing their claims amid the ongoing COVID-19 pandemic.

November 12, 2020

Arizona:

Governor Ducey issued an Enhanced Surveillance Advisory, which implements specific reporting requirements for medical facilities, including all licensed hospitals, nursing care institutions, specialty hospitals providing long term acute care, hospice inpatient facilities, behavioral health inpatient facilities, and assisted living centers, among others. These requirements include the reporting of information relating to COVID-19 confirmed patients to the Arizona Department of Health Services every twenty-four hours. The order terminates automatically after 60 days, unless renewed.

Florida:

(Miami-Dade County): Mayor Gimenez issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on November 12, 2020.

Hawaii:

(Maui County): Mayor Victorino issued amended Public Health Emergency Rules which restate the previously amended Public Health Emergency Rules, but added neck gaiters made of at least two layers of fabric or that are worn doubled-over across the nose and mouth to the list of permitted masks or facial coverings. Businesses are expressly authorized to adopt stricter protocols or face-covering requirements than stated under the Rules. The amended Rules lift the stay-at-home order previously instituted for the island of Lanai, and simply encourage residents to stay at home unless to conduct essential activities or government functions, or to patronize or operate essential or designated businesses. Travelers to Lanai must quarantine unless exempted by pre-testing for COVID-19 or approved for CISA limited quarantine. The Lanai island provisions remain in effect until November 30, 2020.

Kansas:

On November 12, Governor Laura Kelly announced that 11 contracts have been awarded in conjunction with the Kansas COVID-19 Unified Testing Strategy supported with SPARK funding.

(Douglas County): On November 12, the Douglas County Health Department, which includes the city of Lawrence, announced new restrictions that will limit the size of mass gatherings. Local Health Officer Dr. Thomas Marcellino said mass gatherings will be limited to 15 people starting Friday, Nov. 13. Currently, up to 45 people are allowed in such instances.

(Shawnee County): On November 12, the Shawnee County Health Department ordered that gatherings will be limited to 10 people whether they are held indoors or outdoors, starting at 12:01 p.m. on Friday, November 13. Bars must close at 12:00 a.m. Restaurants must close at 12:00 a.m. unless they provide drive-thru, delivery, or pick-up. Parties larger than 10 may not sit together at a restaurant. Bars or restaurants with a maximum capacity of larger than 100 people can only operate at 50% of that capacity.

The Topeka public school district, with about 13,000 students and 2,400 staff, announced that it would suspend in-person classes for at least two weeks, starting Monday. The district, one of the largest in the state, had students splitting four days a week between in-person and online classes, with online classes Wednesdays.

Louisiana:

On November 12, Governor John Bel Edwards announced that Judge William Morvant in the 19th Judicial District rejected a petition filed by members of the Louisiana House of Representatives to overturn Governor Edwards’ COVID mitigation strategies, which argued that the law used to submit it was unconstitutional. As such, Louisiana remains in Phase 3, which includes a statewide mask mandate.

Mississippi:

Governor Reeves issued Executive Order 1530, which went into effect on November 11, 2020 and will remain in effect until December 11, 2020. The Order extends the statewide Safe Recovery Order, originally instituted in Executive Order 1525. It also implements a face mask requirement for the following counties: Benton, Carroll, Covington, DeSoto, Forrest, Harrison, Humphreys, Jackson, Lamar, Lauderdale, Leflore, Lee, Marshall, Rankin, and Yalobusha.

North Carolina:

On November 12, Governor Roy Cooper announced that the state is providing COVID-19 tests to colleges and universities across North Carolina to help bolster schools’ student testing efforts in advance of Thanksgiving and holiday break. NCDHHS is sending a total of 74,470 federally-funded rapid antigen tests to public and private colleges and universities across North Carolina, including historically black colleges and universities (HBCUs), to test students before they travel home or celebrate the holidays with people who live outside their household.

Additionally, NCDHHS is working with local health departments in Guilford, Harnett, New Hanover, Mecklenburg and Pitt counties to host community testing events near college and university campuses for students who need tests before the end of the semester. These testing efforts are part of an ongoing partnership with colleges, universities and HBCUs across the state.

For those who wish to travel or celebrate the holiday with people who do not live in their household, NCDHHS recommends a COVID-19 test three to four days in advance.

Texas:

On November 11, Governor Abbott announced that the State has deployed additional resources to El Paso and Lubbock to help combat COVID-19 in these communities. These resources include medical personnel, medical equipment, personal protective equipment (PPE), mobile testing sites, and more.

Utah:

On November 12, 2020, Governor Herbert and the Utah Department of Health provided additional clarification to the State of Emergency Order and the Public Health Order. The revised orders clarify the following:

• Physical child custody exchanges, court-ordered parent time, and at-home child care services (such as nannies and babysitters) are permitted;
• The requirement for college and university students who live on-campus or attend at least one class a week on-campus to be tested weekly for COVID-19 applies only to students who are 18 or older.

West Virginia:

On November 11, 2020, Dr. Ayne Amjad, the State Health Officer and Commissioner of the West Virginia Bureau for Public Health, announced that the Department of Health and Human Resources released guidance for safe holiday celebrations and holiday travel in advance of the coming fall and winter holiday season. The guidance recommends that gatherings be limited to immediate family members, and that if an individual recently had COVID-19 and may still be symptomatic, of if an individual may have been around someone who may have COVID-19, not to go around any family members.

November 11, 2020

Kansas:

(Sedgwick County): On November 10, the Wichita School Board decided that middle and high school students will continue to take classes remotely until the end of the current semester. The district had planned to allow them to have in-person classes twice a week, starting this week. Elementary school students will continue with the in-person or remote learning that they selected at enrollment.

Also, the Sedgwick County health officer issued an order limiting mass gatherings to 100 people or 50% of a venue's capacity. This includes bars, nightclubs, restaurants, fitness centers, and health clubs. In eating and drinking establishments, seating will be capped at eight people per table, with at least six feet of separation or a Plexiglass or other physical barrier between tables. All bars, night clubs, restaurants, and other businesses licensed to sell alcohol for on-premises consumption must abide by a curfew and close by 11:00 p.m. In-person dining must also finish by 11:00 p.m.

Retail stores will be required to inform patrons that masks are mandatory to enter the business. Also, each store’s management will be responsible for enforcing mask requirements and questioning those not wearing masks to determine if they have some personal exemption.

Attendance at sporting events, tournaments and other recreational events will be limited to a maximum of two spectators per participant. School sports will continue to be regulated by school boards and interscholastic athletic associations.

County commissioners “also added enforcement provisions to what had been a nearly unenforceable set of rules, establishing a maximum fine of $500 for repeated violations.” The commission also passed a resolution that would allow police and deputies to issue code-violation citations. Penalties could range up to a maximum $500 plus $20 court costs. No one may be jailed for violations.

The separate penalty resolution will allow sheriff’s deputies to begin issuing citations for violations in unincorporated areas as early as November 18, Assistant County Counselor Justin Waggoner said. Violations could also be enforced in cities by police or code-enforcement officers, but each city council would have to take action to allow that.

The order takes effect Wednesday, November 11, 2020 at 12:01 a.m. until December 31, 2020, unless it is amended, revoked, or replaced.

(Harvey County): In Harvey County, the County Commission limited gatherings to 45 people. The county saw its cases rise 83% in two weeks, from 572 on October 26 to 1,048 on Monday, according to state health department data.

(Jefferson County): In Jefferson County, the County Commission approved a mask mandate Monday after having opted out of Kelly's mandate in July. The Mask Mandate for Jefferson County will take effect on Wednesday, November 11, 2020 starting at 12:01 a.m. and extend until 11:59 p.m. on November 30, 2020. It will be re-evaluated at that time. Jefferson County Health Officer Crystal VanHoutan also strongly recommends that any and all mass gathering be limited to no more than 75 persons.

Maryland:

On November 10, Governor Hogan ordered that indoor dining capacity limits will be reduced from 75% down to 50% in light of rising COVID-19 cases. The governor also announced a mandatory return to remote working across state agencies except for essential direct public-facing services and other essential personnel.

On November 10, the Maryland Department of Health also published a public health advisory in light of rising COVID-19 cases. The advisory strongly discourages indoor gatherings of 25 people or more. The advisory also strongly advises against traveling to any state with a positivity rate above 10% or any state with average case rates above 20 per 100,000 citizens. The advisory notes that anyone traveling from these states should get tested and self-quarantine while awaiting results. The advisory also provides recommendations related to nursing homes, requesting that Marylanders take all precautions to protect their loved ones at nursing homes and assisted living programs including staying home if sick and getting tested before visiting, and reminding nursing homes and assisted living programs that indoor visitation is not permitted if the facility is currently conducting outbreak testing and in accordance with federal guidance on this subject.

Lastly, state health officials also issued an emergency order expanding hospital surge capacity on November 10. The order provides state EMS officials with the flexibility to shift patients to alternate care sites such as the Baltimore Convention Center Field Hospital, Laurel Hospital, and Adventist Takoma Park Hospital, and to add capacity at those sites if the need arises. It also requires hospitals to implement plans to stage and accept surge patients. All hospitals will be required to begin preparations to increase COVID-19 related operations by making sure they have enough beds and staff. Finally, the order makes additional infection control staff available from regional hospitals and other nursing homes to intervene and provide support through mutual aid agreements when outbreaks occur at any nursing homes.

Nevada:

On November 10, Governor Sisolak held a press conference to provide an update on Nevada’s COVID-19 response. Governor Sisolak instructed Nevadans to operate in “Stay at Home 2.0” mentality in an effort to curb the increasing COVID-19 infection rate in the state, and therefore advised all Nevadans to avoid gatherings, telework to the extent feasible, stay home as much as possible, and limit exposure to the public. Governor Sisolak will reevaluate the state of affairs in Nevada in 14 days, and if the state continues to see a rise in new cases of COVID-19, then the Governor will implement additional restrictions at that time.

New Jersey:

Governor Murphy announced a commitment of $60 million in additional CARES Act funding to fulfill grants under New Jersey’s Small Business Emergency Assistance Grant Program. The program offers a variety of resources for all sizes of businesses, including grants, zero-interest loans, support for private-sector lenders, and funding for entrepreneurs. This third phase has expanded the eligibility allowing for businesses with fewer than 50 employees, especially restaurants, micro-businesses, and businesses based in the state’s 715 Opportunity Zone-eligible Census tracts.

New York:

On November 11, Governor Cuomo announced new restrictions on bars, restaurants, gyms and residential gatherings in New York effective November 13 at 10:00 p.m. Bars, restaurants, and gyms will be required to close from 10:00 p.m. until 5:00 a.m., but restaurants and bars are still allowed to have delivery and curbside pickup after 10:00 p.m. Also, the Governor announced all indoor and outdoor gatherings at private residences will be limited to no more than 10 people.

South Carolina:

Governor McMaster issued Executive Order 2020-70 on November 8, 2020. Effective immediately until November 23, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-63 (Amending & Consolidating Emergency Measures) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

Utah:

On November 8, following several weeks of increased strain on Utah’s hospitals due to a rise in COVID-19 cases, Governor Herbert declared a new state of emergency to address hospital overcrowding. Governor Herbert and the Utah Department of Health issued concurrent executive and public health orders to curb the surging case counts. Both orders are effective from November 9, 2020 through November 23, 2020.

The orders do the following:

• Institute a statewide mask mandate, requiring Utahns to wear masks in public, and when within six feet of anyone outside their household. The mandate also applies to businesses, requiring employees and patrons to wear masks, and post signage. Businesses that fail to take the required actions will be subject to fines. In his press release, the Governor also noted that the mask mandate will remain in effect for the foreseeable future, extending past the expiration of the initial orders.
• Limit casual social gatherings to household-only.
• All extracurricular activities, including athletic and intramural events on hold. The orders do not apply to intercollegiate athletic events, or practices and games associated with high school championships provided that those events follow the state’s instructions for testing and limiting crowd size.
• Beginning as soon as possible, but no later than January 1, 2021, students enrolled at public and private higher education institutions who either live on campus or attend one in person class per week will be required to be tested for COVID-19 weekly.

Utah also announced that it will activate additional National Guard resources to assist with contact tracing, and rollout of an accelerated testing initiative for asymptomatic individuals. This program will focus on the required weekly testing on college campuses, testing for student participating in extracurricular activities, and eventual workplace testing for people 35 and under. The Utah Department of Health is also working to expand rapid asymptomatic testing for high school teachers. All K-12 teachers in the state currently have universal access to PCR testing through TestUtah.

On November 9, Governor Herbert and the Utah Department of Health released updated orders clarifying several points of confusion from the initial orders. The updated orders provide the following:

• Bars and restaurants may remain open but are not permitted to serve alcohol after 10:00 p.m.
• Athletic events run by private companies, such as dance and karate classes, are permitted to continue provided that max attendance numbers, mask wearing, and physical distancing requirements are enforced.

Wisconsin:

Governor Evers signed Executive Order #94 on November 10, which outlines actions Wisconsinites should take to protect others from COVID-19. The Order outlines the following precautions:

• Stay home as much as possible and only make trips when necessary.
• Avoid gatherings between individuals who are not in the same household, maintain physical distancing of at least 6 feet from others, wash hands often, wear a face covering, among other suggestions.
• Individuals who are experiencing COVID-19 symptoms should stay home as much as possible, wear a face covering in public and get tested for COVID-19.
• Vulnerable individuals should continue to stay home and isolate from others in the household who return to work or other public gatherings.
• Homeless individuals are urged to seek shelter and individuals whose homes are unsafe are urged to leave their homes and stay at an alternative location.
• Businesses are strongly encouraged to take steps to protect their staff and continue remote work when possible. If remote work is not possible, businesses are encouraged to require masks, limit the number of people on the premises, maintain social distancing of 6 ft, adopt policies to prevent staff from entering the workplace if they display COVID-19 symptoms, increase cleaning standards, and review and adopt measures in the Wisconsin Economic Development Corporation guidelines on safe business practices.
• Individuals are encouraged to stay home and avoid travel to second homes or residences.

(Milwaukee County): Milwaukee County issued Administrative Order 20-17-v1 on November 9, 2020 and 20-17-v2 on November 11, 2020, which defined circumstances when Milwaukee County employees, contractors and visitors should be screened for COVID-19 Symptoms and Exposures and established procedures for conducting screenings.

The Order requires all employees and contractors to screen daily for COVID-19 symptoms on days they are working in-person by completing the Screening Questionnaire and using the Screening Tool. No later than November 11, 2020, prior to starting in-person work, all employee Screening Questionnaires must be verified as “Green Status” – or a person with no symptoms. No later than November 23, 2020, all employees and contractors must complete and have verified that they do not have a fever (temperature of 100.40F or 380C or higher) as part of their health screening.

If an employee screens as “Red Status” – or an individual who shows COVID-19 symptoms or has had exposure to someone who has a confirmed case of COVID-19, they should stay home and notify their manager that they are experiencing symptoms (there is no requirement to share what symptoms they are experiencing). The employee should follow the instructions in Executive Order 20-7 based on if they have symptoms, exposure, or exposure with symptoms.

The Order outlines specific procedures for completing the Screening Questionnaire using the Screening Tool and notes that time spent completing the Screening Questionnaire is not compensable time. Finally, the order describes the procedures for temperature screening required after November 23, 2020, including a temperature screening kiosk, distributing digital thermometers to employees, or creating a screening location where a member of the management team screens employees.

November 10, 2020

Alabama:

On November 5, 2020, Governor Kay Ivey signed an order that extended the state’s “Safer at Home” policies. This extends the statewide mask mandate and existing COVID-19 health order until 5 p.m. December 11, 2020.

Connecticut:

On November 5, 2020, Governor Ned Lamont issued Executive Order 9K, returning the state to Phase 2 restrictions on public gatherings and business occupancy. The order does a number of things to accomplish this:

• Repeals Executive Order 9G, which gave municipalities the authority to institute stricter public gathering rules than those set by the state.
• Returns the entire state to Phase II restrictions, which limits indoor religious gatherings and graduation ceremonies to 50 percent of the building’s capacity or a maximum of 100 people, whichever is lower. Outdoor religious gatherings are only limited to the number of people that the particular venue can safely accommodate, provided that everyone present wears masks, unless speaking from a designated safe location, and that social distancing of six feet is maintained.
• Allows the Department of Economic Community Development to set rules for the safe administration of youth sports.
• Allows the Department of Economic Community Development to set earlier, mandatory closing times for any business or establishment.
• Extends rules regarding the expansion of outdoor dining and prohibitions on the sale of alcohol by certain permittees without food.

On November 9, 2020, Lamont issued Executive Order 9L, which extended all unexpired COVID-19 Executive Orders—as well as agency and municipal orders that are enacted as a result of the state’s declaration of a public emergency— until February 9, 2021. However, this extension does not apply to those dates listed in Executive Order 9E, which put in place eviction moratoriums until January 1, 2021 and the expiration of café permits on February 9, 2021.

Illinois:

Under Governor Pritzker’s Executive Order 2020-70 Illinois Region’s 5, 7 and 8 will join Region 1 under Tier 2 Mitigation Measures beginning Wednesday, November 11 at 12:01 a.m. In joining Region 1 under Tier 2 Mitigation Measures, Regions 5, 7 and 8 will see the following notable restrictions put in place, in addition to Tier 1 Mitigations:

• Indoor service at bars and restaurants remains prohibited
• Table capacity at bars and restaurants limited to 6 guests
• Meeting, social event and gathering capacity limited to 10 guests in both indoor and outdoor settings
• Non-essential workers should be encouraged to work from home

Any Illinois region that progresses to Tier 3 Mitigations will see office spaces closed for all except essential workers and the closure of non-essential retail establishments.

Regions 1, 5, 7 and 8 are comprised of the following counties:

• Region 1
  • Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago Counties
• Region 5
  • Marion, Jefferson, Wayne, Edwards, Wabash, Perry, Jackson, Franklin, Williamson, Saline, Hamilton, White, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Massac, and Pulaski counties
• Region 7
  • Kankakee and Will Counties
• Region 8
  • Kane and DuPage Counties

(Chicago): The City of Chicago has revamped its Emergency Travel Order via a color coded system. States or territories experiencing a daily case average per 100 thousand residents above that of Chicago are highlighted in red. Travelers from these states are required to quarantine for 14 days upon arrival to Chicago. States experiencing daily case averages per 100 thousand residents between 15 and Chicago’s current daily case average are highlighted in Orange. Travelers arriving from these states are required to either quarantine for 14 days or have a negative test no longer than 72 hours prior to arrival. Finally, states experiencing between zero and 15 daily cases per 100 thousand residents are highlighted in yellow. Travelers from these states are not required to quarantine upon arrival to Chicago.

• Red (14-day quarantine upon arrival)
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Minnesota
  • Montana
  • Nebraska
  • North Dakota
  • South Dakota
  • Utah
  • Wisconsin
  • Wyoming
• Orange (14-day quarantine or negative test within 72 hours of arrival)
  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Michigan
  • Mississippi
  • Missouri
  • Nevada
  • New Mexico
  • New Jersey
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
• Yellow (no quarantine requirement)
  • California
  • District of Columbia
  • Hawaii
  • Maine
  • New Hampshire
  • New York
  • Vermont

Iowa:

On November 10, Governor Reynolds signed a Proclamation of Disaster Emergency continuing the public health disaster emergency for 30 days, effective November 11, 2020 at 12:01 a.m. through December 10, 2020 at 11:59 p.m.

Effective through November 30, 2020 at 11:59 p.m.:

• All employers must take steps to enable employees to work from home, and to the extent the employees cannot feasibly work remotely, employers must take reasonable precautions to ensure the health of their employees working in-person;
• Gatherings of more than 10 but less than 25 people are permitted only if social distancing and other public health measures are observed, and groups attending together are no larger than 8 people, unless the entire group belongs to the same household;
• Gatherings of more than 25 people indoors or more than 100 people outdoors are permitted only if all persons 2 years of age or older wear masks at all times, except while eating or drinking;
• Sporting and recreational events must ensure spectators observe social distancing and wear masks, and if the event participants are 18 years or younger, then no more than 2 spectators per athlete may be permitted at the event;
• Wedding receptions are permitted to the extent social distancing is observed, group seating is limited to no more than 8 people, and other public health measures are implemented;
• Spiritual and religious gatherings shall implement reasonable measures to ensure social distancing of employees, volunteers, and other participants, increased hygiene practice, and other public health measures;
• Restaurants and bars must ensure at least 6 feet of physical distance between each group or individual dining alone, ensure patrons are seated while dining in, limit the size of groups seated together to no more than 8 people, and implement other public health measures as necessary; and
• Fitness centers, casino and gaming facilities, bowling alleys, pool halls, bingo halls, arcades, indoor playgrounds, children’s play centers, salons, barbershops, massage therapy establishments, tattoo establishments, and tanning facilities, senior citizen centers and adult daycare facilities, theaters, performance venues, race tracks, malls, museum, aquariums, zoos, libraries, swimming pools, amusement parks, campgrounds, and retail establishments may all reopen or remain open, to the extent social distancing is maintained, group sizes are limited, and Guidance issued by the Iowa Department of Public Health Guidance is adhered to.

A summary of the new gathering restrictions can be found here.

Additionally, the 29-page proclamation also extends through December 10, 2020, a number of other previously implemented measures pertaining to the following, among others:

• Monitoring of staff for COVID-19 symptoms;
• Nonessential and elective surgeries;
• Dental services;
• School operations;
• Healthcare operations and services;
• Professional licensing relief;
• Food establishment operations;
• Regulatory relief measures;
• Trucking and transportation operations;
• Motor vehicle licensing and registration;
• Weapons permitting;
• Legal operations such as warrants and governmental hearings;
• Governmental operations;
• Veterans assistance; and
• Construction.

Minnesota:

Governor Walz signed Emergency Executive Order 20-96, amending Emergency Executive Order 20-74, which limits certain activities of individuals and businesses throughout Minnesota. Effective Friday November 13, 2020 at 10:00 p.m.:

• All businesses, places of public accommodation, and establishments providing personal care services must continue to comply with applicable guidance available at the Stay Safe Minnesota website.

• All social gatherings of more than 10 people and all social gatherings involving members of more than 3 households (regardless of the size of the gathering) are prohibited, except for:

• Commercial activity by workers and customers of Critical and Non-Critical Businesses.

• Persons in Places of Public Accommodation that are following the requirements and limitations:
  • All establishments, including restaurants, venues providing indoor or outdoor events or activities must close or prohibit on-premises consumption of food or beverages between 10:00 p.m. and 4:00 a.m.
  • Restaurants, bars, etc. are limited to 50% indoor occupancy of the normal occupant capacity with a maximum of 150 people, provided that physical distancing of 6 feet is maintained between parties seated at different tables. Outdoor occupancy of any outdoor space must ensure that the number of customers at any one time is limited to the number for whom physical distancing of 6 feet can be maintained between parties seated at different tables. The combined total occupancy of all indoor and outdoor spaces is 150 people.
  • Planned social gatherings should develop and implement a COVID-19 Preparedness Plan in accordance with applicable venue guidance available at the Stay Safe Minnesota website. Additionally, gatherings that offer food or beverage may not take place between 10:00 p.m. and 4:00 a.m. Effective November 27, 2020 at 10:00 p.m., such gatherings are limited to 50 people, and effective December 11, 2020 at 10:00 p.m., limited to 25 people.

• An individual who willfully violates the Executive Order is guilty of a misdemeanor, punishable by a fine not to exceed $1,000 or by imprisonment for not more than 90 days. Any business owner, manager, or supervisor who requires or encourages any of their employees to violate this Executive Order is guilty of a gross misdemeanor, punishable by a fine not to exceed $3,000 or by imprisonment for not more than a year. Additional civil relief, up to $25,000 per occurrence, is available to the Attorney General for violations or threatened violations of the Executive Order.

New Jersey:

Governor Murphy signed Executive Order No. 194 establishing new COVID-19 mitigation measures, including new restrictions on seating and hours for restaurants, bars, clubs, and lounges and the prohibition of indoor K-12 and youth sports. Restaurants, bars, clubs, lounges and casinos are not allowed to operate their indoor premises between 10:00 p.m. and 5:00 a.m. Restaurants and casinos can continue service during this restricted time period with certain limits. All seating at the physical bar and indoor areas of bars and restaurants will be prohibited during the operating hours. To see more of the restrictions visit here.

Governor Murphy announced Maine and New Hampshire will be added to the state’s quarantine advisory for individuals traveling to New Jersey from states or territories with significant community spread of COVID-19. This quarantine advisory requires individuals to quarantine for a 14-day period from the time of last contact within the identified state or territory. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

As of November 10, there are currently 45 states and territories that met this criteria: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Mexico, Nevada, Ohio, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, Washington and Wyoming.

North Carolina:

On November 10, Governor Roy Cooper issued Executive Order 176, limiting North Carolina indoor mass gatherings to 10 people in an effort to drive down North Carolina’s key COVID-19 metrics. Executive Order 176 will go into effect on Friday, November 13 and will be in place through Friday, December 4. The Order does not change the reduced capacity limits for certain businesses that have already been laid out. For more on this, read the Frequently Asked Questions document.

Governor Cooper also announced that full-service restaurants are now eligible for assistance through the Mortgage, Utility and Rent Relief Program (MURR) administered by the NC Department of Commerce. These businesses may apply for up to 4 months of rent or mortgage interest capped at $20,000 per location for up to 2 locations. Businesses can learn more and apply by visiting http://www.nccommerce.com/murr.

Texas:

In light of the recent announcements about the availability of medicines and vaccines to combat COVID-19, on November 10, Governor Abbott announced that Texas has prepared allocation plans to swiftly distribute medicines and vaccines that are becoming available to treat COVID-19. The Department of State Health Services (DSHS) has already developed a Vaccine Distribution Plan and is working with health care providers to enroll in their Immunization Program to be eligible to administer these vaccines once available. Over 2,500 providers have already enrolled in the program. DSHS also formed an Expert Vaccine Allocation Panel to develop vaccine allocation strategies.

Vermont:

On November 10, Governor Scott announced a 14-day quarantine mandate (or 7 days with a negative COVID-19 test) for non-essential travel. The mandate applies to residents who travel outside the state and visitors upon entering the state. Essential travel is defined as travel for the purposes of attending school, college, or work, seeking personal safety or medical care for self or others, parental custody/visitation, or obtaining food, beverage, or medications. Governor Scott also reiterated his recommendations for social gatherings to be limited to 10 people from trusted households.

November 9, 2020

Alaska:

Governor Dunleavy issued a new COVID-19 Public Health Disaster Emergency Declaration on November 6, 2020. The declaration will go into effect on November 16, 2020 and will expire on December 15, 2020. The declaration keeps in place the state’s unified command structure between the Department of Health and Social Services, the Department of Military and Veterans Affairs, and the Department of Public safety, and allows other state departments to utilize all capabilities to continue to take steps to mitigate the impacts of the pandemic. It also suspends regulations and requirements impeding health care delivery during an emergency, allows the state to access federal funding and assistance, and empowers state health officials to prioritize resources to protect the most vulnerable Alaskans.

District of Columbia:

On November 6, Mayor Bowser issued an order that modified requirements regarding self-quarantines, testing and travel during the pandemic. Under the order, visitors to DC must get tested before entering DC within 72 hours of traveling. The order also states that potential visitors to DC who have come in close contact with a confirmed case may not come to DC. The order also provides that if a person is returning to DC for more than 3 days, they need to get tested again within 3-5 days of arrival. Per the order, DC residents returning to DC after traveling to any place other than Maryland, Virginia, or a low-risk state or country must either: (i) limit daily activities and self-monitor for 14 days upon their return to DC; or (ii) limit daily activities until they get tested for COVID-19 (within 3-5 days after their return) and receive a negative result.

Florida:

(Palm Beach County): Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through November 13, 2020.

(Miami-Dade County): Mayor Gimenez issued an affidavit in compliance with Ordinance No. 20-87, to explain the current extension of the Local State of Emergency.

Hawaii:

(Hawaii County): With Governor Ige’s concurrence, Mayor Kim issued Amendment No. 3 and Extension to Mayor’s Emergency Rule No. 12, which requires up to 25% of trans-Pacific travelers who use the State’s negative test exception to take a second COVID-19 test upon arrival to Hawai’i island. Travelers are not required to quarantine while awaiting the results of their second “arrival test.”

The Amendment further requires up to 25% of trans-Pacific travelers who are using the pre-test exception, but who do not have their results upon arrival, to take a test upon arrival. These travelers must quarantine while awaiting the results of their pre-test but need not quarantine while awaiting the results of their arrival test, after they have achieved a negative result for the pre-test. Travelers who do not avail themselves of the negative test exception are not subject to the arrival test and are subject to the mandatory 14-day self-quarantine. There is no option for testing out of the mandatory self-quarantine with a subsequent negative test result.

Travelers who enter the state to perform critical infrastructure functions, or who have otherwise been excepted by the Director of Emergency Management or his designee, are subject to self-quarantine by may obtain a limited exception from the State, which may authorize them to temporarily break self-quarantine only for the purpose expressed in the written exemption. Travelers who require paid or commercial lodging while subject to the mandatory 14-day self-quarantine must designate a hotel or motel as their quarantine location, and may not designate short-term vacation rentals, bed and breakfast establishments, or other “transient accommodations” as a quarantine location, except for: (1) visiting essential and critical infrastructure workers, provided quarantine restrictions are followed, and (2) travelers who meet the negative test-exception (pre-test with negative test results on arrival). Persons who have pre-arranged long-term residential housing of 180 days or longer, may use such housing as their designated quarantine location if the full 14-day self-quarantine period is observed. The Order is effective from November 6, 2020 through November 30, 2020.

Illinois:

Governor Pritzker announced at his press conference on November 9 that Illinois Regions 5, 7 and 8 will be subject to Tier 2 Mitigation Measures beginning Wednesday, November 11. All Illinois Regions except Region 1 are currently subject to Tier 1 Mitigation Measures. These additional mitigations follow a tiered approach. Tier 1 Mitigations, in part, suspend indoor service at bars and restaurants and limit gatherings to a capacity of 25 guests or 25 percent of overall room capacity, both indoors and outdoors.

In joining Region 1 under Tier 2 Mitigation Measures, Regions 5, 7 and 8 will see the following restrictions put in place, in addition to Tier 1 Mitigations:

• Indoor service at bars and restaurants remains prohibited
• Table capacity at bars and restaurants limited to 6 guests
• Meeting, social event and gathering capacity limited to 10 guests in both indoor and outdoor settings
• Non-essential workers should be encouraged to work from home

Any Illinois region that progresses to Tier 3 Mitigations will see office spaces closed for all except essential workers and the closure of non-essential retail establishments.

Regions 5, 7 and 8 are comprised of the following counties:

• Region 5
  • Marion, Jefferson, Wayne, Edwards, Wabash, Perry, Jackson, Franklin, Williamson, Saline, Hamilton, White, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Massac, and Pulaski counties
• Region 7
  • Kankakee and Will Counties
• Region 8
  • Kane and DuPage Counties

Iowa:

On November 5, Governor Reynolds and the Iowa Economic Development Authority announced the launch of the Iowa Movie Theatre Relief Program. The Program will provide up to $10,000 per screen to eligible movie theatres for the purpose of assisting with operating expenses in the context of the public health emergency.

To be eligible, an applicant must demonstrate that it:

1. Operates movie screen(s) in Iowa showing films open to all ages;
2. Conducted regularly scheduled screenings in Iowa in Calendar Year 2019;
3. Was subject to limitations or restrictions described in a Proclamation of Disaster Emergency issued by Governor Reynolds on or after March 17, 2020, or it has not been able to host screenings in Iowa between March 17, 2020 and the submission date of the application for assistance through the Program; and
4. Incurred a revenue loss in Calendar Year 2020 due to the pandemic as compared with Calendar Year 2019.

Theatres with corporate ownership based outside of Iowa or additional screens outside of Iowa must use grant funds solely for their Iowa-based screens and/or operations. Applications will be accepted from November 9, 2020 until November 16, 2020 at 5:00 p.m. A link to the online application will be emailed to theatre owners on November 9, 2020. Theatre owners who do not receive the email should contact [email protected].

Maryland:

On November 5, Governor Hogan provided a detailed update on the state’s preparedness and urged Maryland residents to follow public health protocols. Per the update, the State of Maryland has created a long-term testing strategy and has strategically stockpiled test kits and supplies. Maryland has also built a robust contact tracing operation and has met and exceeded its hospital surge capacity goal. Governor Hogan emphasized that in the fall COVID-19 surge, collective efforts would continue to be crucial to recovery.

Massachusetts:

Governor Baker-Polito’s issued Order No. 56, which took effect on November 9, 2020, rescinded Order No. 51, and will remain in effect until rescinded or until the state of emergency has ended. Under this order, lower risk communities may continue to advance to step 2 of Phase III re-opening. Municipalities not meeting this standard and those municipalities who fail the lower risk metric later, must return to step 1 of Phase III. All businesses in step 2 of Phase III must continue following the approved sector-specific COVID-19 workplace safety rules.

Minnesota:

On November 5, Governor Tim Walz issued Emergency Executive Order 20-94, and on November 6, 2020, Emergency Executive Order 20-95 amending Executive Order 20-94, both of which provides additional guidance to districts, charter schools and public schools previously outlined in Executive Order 20-82. Order 20-94 clarifies that the free care to Eligible Children as outlined in paragraphs 24 and 25 of Order 20-82 is limited to households in which all of the parents or legal guardians are workers in Tier 1 industries, as set for in the MDE 2020-21 Planning Guidance. Schools may charge a fee on its normal sliding fee scale (but prioritize those who qualify for free and reduced-price lunch, to the extent possible) for childcare for all other children.

Order 20-94 also strongly encourages schools to ensure students have access to mental health and telehealth services and must implement the MDE 2020-21 Planning Guidance on mental health and well-being, school climate, trauma-informed practices and social emotional learning. Schools are strongly discouraged from referring students for truancy programs and services or reporting students for educational neglect until school districts and charter schools have exhausted all efforts to engage truant students and their families.

Finally, Order 20-95 clarifies that as soon as is practicable, but no later than November 30, 2020, a school must count 30 minutes per day for teacher preparation to provide instruction to students in distance learning or hybrid learning model as instructional time toward meeting the minimum hours required by Minnesota law.

Missouri:

(St. Louis City): The Mayor of St. Louis City announced an extension to the city’s temporary outdoor seating permit program, which will now expire on December 31, 2020. Through this program, businesses can apply to expand their outdoor seating options. More details and the application can be found here.

New York:

(New York City): On November 8, Mayor de Blasio signed Executive Order 160 extending the State of Emergency declaration in New York City until November 13.

(Buffalo): Mayor Brown filed an amendment to extend the City of Buffalo’s Small Business Social Distancing Initiative through May 1, 2021. This initiative allows for small businesses and restaurants to use open spaces, like parking lots or sidewalks, to create more open air seating or retail space to maintain social distancing. This extension also allows small businesses to use propane heaters in these open spaces.

Rhode Island:

On November 5, Governor Raimondo issued Executive Order 20-92, which extended Executive Order 20-61 (Fifty-Sixth Supplemental Emergency Declaration – Early Closure of Bars) until November 7, 2020.

Also, on November 5, Governor Raimondo issued Executive Order 20-94, which continues the requirement people must continue to wear a fact covering over their mouth and nose while indoors and outdoors. The Executive Order provides a list of exceptions to the mask requirement, including when consuming food or drink or when no one is within 6 feet of the individual.

Lastly, on November 5, Governor Raimondo issued Executive Order 20-95, which amends and restates the Phase III Re-Opening. Effective immediately, the order advises all Rhode Island residents, including vulnerable populations, to remain home and continues self-quarantine requirements for those returning from international travel and from areas with high community spread rates. It also eases limits on social gatherings, including permitting social gatherings of up to 10 people, and permitting weddings or other events at catered restaurants for up to 75 people. Venues and religious services may operate at 66% of capacity or 1 person per 100 square feet, up to 125 people indoor and 150 people outdoor.

Remote work is still encouraged, but office-based businesses may resume operations of up to 66% of workers on site as long as social distancing can be maintained. Those workplaces which have previously been operating at more than 66% capacity do not need to reduce their workforce. All businesses must follow cleaning, screening, and other safety protocols.

Retail businesses may now permit 1 customer per 100 square feet of the store area that is open to customers generally. Restaurants may continue to sell liquor for carry-out and may continue limited indoor and outdoor dining options as outlined in the guidance issued by the Department of Health. Beginning November 9, 2020, alcoholic beverages may not be served for on-premises consumption after 10:00 p.m. Sunday through Thursday or after 10:30 p.m. Friday and Saturday.

Nightclubs must remain closed. Personal services may open subject to requirements of the guidelines set forth by the Department of Health. Gyms and fitness centers may continue to operate at a capacity of 1 person per 100 square feet.

Beginning November 9, indoor sporting facilities may not host games, practices or other sports after 10:00 p.m. Sunday through Thursday or after 10:30 p.m. Friday and Saturday. High-risk sports competitions (e.g., wrestling, boxing) shall be prohibited beginning November 9. Beginning November 9, spectators are prohibited from attending sporting events or practices for athletes over the age of 18.

Texas:

On November 6, Governor Abbott extended his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 13 and subsequently renewed, 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.

West Virginia:

On November 9, Governor Justice announced that, at his direction, West Virginia’s insurance commissioner had approved $43 million in premium credits on all small and large group healthcare plans of Highmark Blue Cross Blue Shield in West Virginia. This credit will assist almost 3,000 small and large state businesses with the cost of offering group healthcare plans during the ongoing COVID-19 pandemic. This brings the total amount of insurance premium relief the state has provided for West Virginia consumers and businesses during the pandemic to over $140 million.

Further, on November 6, Governor Justice announced that the state’s color-coded School Alert System Map will continue to determine the status of athletic and other extracurricular competitions. The West Virginia Department of Education School Alert System map is updated every Saturday at 5:00 p.m. and determine each county’s office color status for the entire week. Governor Justice made this announcement as schools and teams across the state are engaged in fall playoffs. The WVDE School Alert System map’s color categories range from Red where all school-related athletic and extracurricular activities are suspended immediately, to Yellow or Green where those activities are permitted and immediate household family members and grandparents can attend competitions, and cheerleaders and bands may participate in home games.

November 5, 2020

California:

Governor Newsom issued Executive Order N-83-20 to further support restaurants and other businesses located along state highways. The order authorizes the California Department of Transportation to issue temporary permits to those businesses adjacent to state highway right-of-way to occupy the right-of-way for commercial activities. Restaurants, for example, can obtain permits to expand their dining operations onto sidewalks or parking lots located within a state highway right-of-way.

The order also modifies the following licensing requirements or deadlines: (1) the deadline for paying real estate licensing or renewal fees is extended to June 30, 2021, and (2) the deadline for fulfilling continuing education requirements for real estate licenses is extended to June 30, 2021.

Colorado:

Governor Polis and the Colorado Department of Public Health and Environment moved this week to streamline the State’s “Dial Framework” for COVID-19 restrictions and extend its state of emergency.

Executive Order D 2020 235 and Public Health Order 20-36 consolidated and reenacted the State’s existing stay-at-home, safer-at-home, and protect-our-neighbors orders. Although the Public Health Order supersedes those prior executive orders and their related public health orders, the new order does not alter their restrictions. Rather, the new order simplifies the Dial Framework by providing a single order from which the State’s residents can determine the restrictions applicable to the five levels of restriction comprising the Dial Framework.

Governor Polis also issued Executive Order D 2020 234, which extends the state of emergency in Colorado resulting from the pandemic to November 30, 2020.

Delaware:

On November 5, 2020, Governor Carney issued the second revision to the Omnibus COVID-19 order (issued September 3, 2020) and first modified on September 25, 2020). This revision removes restrictions at food and drink establishment in the towns of Lewes, Rehoboth Beach, Dewey Breach, Long Neck, Bethany Beach, South Bethany, Fenwick Island, West Fenwick Island, Ocean View, Millville and several zip codes.

District of Columbia:

Mayor Bowser delivered an updated situation report with an updated travel advisory recommending that visitors to DC get tested for COVID-19 within 72 hours of traveling. The advisory also recommends that visitors to DC for more than three days get tested within three to five days of arrival. The report also highlighted the requirement that DC residents returning to the District after traveling to any place other than Maryland, Virginia, or a low-risk state must either limit activities and self-monitor for 14 days upon their return, or limit daily activities until they get tested for COVID-19 (approximately 72 hours after their return) and receive a negative test result.

Maryland:

Governor Hogan’s office announced that COVID-19 Relief Programs are now available for Maryland restaurants, artists, and entertainment venues as part of the $250 million economic recovery package for Marylanders affected by the COVID-19 pandemic. For restaurants, a new grant program is available whereby the state will distribute a total of $50 million across each county and Baltimore City based on the number of restaurant establishments located in each of the 24 jurisdictions. Restaurants interested in this new grant program must apply through their local jurisdiction, which are launching their own relief programs.

Anne Arundel County has previously announced that it will match the state’s investment in the restaurant relief program. For arts programs, the Maryland State Arts Council (MSAC), an agency of the Maryland Department of Commerce, has received an additional $3 million to reinvest in its Emergency Grant Program, aimed at helping those in the arts community that have experienced losses because of programming, operations, and events that have been modified or canceled. New applications are being accepted until November 13 for impacted county arts agencies, Arts & Entertainment District management entities, arts organizations, and independent artists through the MSAC website. The program provides a variety of additional relief for hometown tourism efforts and main street and small businesses as well.

New Mexico:

As the State responds to the recent rise in COVID-19 cases, Governor Grisham confirmed the mandatory quarantine measures imposed on those traveling to New Mexico and extended the New Mexico’s COVID-19-related state of emergency. The New Mexico Department of Health (“Department”) also revised its Public Health Order to impose new virus-mitigation measures.

Under Executive Order 2020-075, all individuals entering the State from any state with a test positivity rate exceeding 5 percent or a test positivity rate higher than 80 per 100,000 residents must self-quarantine for 14 days. Excepted from this mandate are those employed by essential businesses, healthcare workers, and teachers, among others. However, any person who leaves or enters the State for matters unrelated to their employment remain subject to the mandatory-quarantine restriction. This order remains in effect until the state of emergency is lifted or extended on November 13, 2020, as required by Executive Order 2020-073.

The Department’s revised Public Health Order imposes the following restrictions on commercial activities:

• Businesses that incur four rapid responses—which occur when an employer reports, as required, an incidence of COVID-19 in the workplace to the state Environment Department, which oversees state occupational health and safety efforts—over a two-week period will be required to close for two weeks.

• This closure requirement will apply to food and drink establishments, close-contact businesses, retail spaces and places of lodging.

• All retail establishments must close by 10 p.m. each night, in alignment with the State’s requirement that food and drink establishments serving alcohol must close by 10 p.m.

• Retail establishments are defined in the public health order as businesses selling goods or services directly to a customer and include grocery stores and “big box” stores.

• Food and drink establishments that complete the New Mexico Safe Certification training program, which educates workers about the state’s required and recommended COVID-Safe Practices, may continue to offer limited indoor dining at a maximum of 25 percent occupancy as of Friday, Oct. 30. Food and drink establishments that are not New Mexico Safe Certified as of Friday, Oct. 30, may continue to provide outdoor dine-in service at 75 percent of maximum occupancy with tables at least six feet apart among other required COVID-Safe Practices but may not provide indoor dine-in service.

• Restaurants wishing to continue limited indoor dining must consent, as part of the certification program, to spot testing of employees by the Department. The Department will apparently prioritize spot-testing for establishments in high-risk counties where the spread of the virus is greatest.

• Restaurants wishing to continue limited indoor dining must require customers who dine on-site to list their name and contact information in a logbook and retain the information for no less than three weeks, to assist state regulators in contact-tracing efforts. Previously, this contribution to contact-tracing efforts was only recommended as part of the state’s COVID-Safe Practices.

The order also closes state museums and historical sites. It remains in effect until November 13, 2020.

Rhode Island:

Governor Raimondo issued Executive Order 20-89 on October 30, 2020 that extended the following executive orders until December 2, 2020, effective October 30, 2020:

1. Executive Order 20-72 (Sixty-Seventh Supplemental Emergency Declaration - COVID-19 Emergency Regulations).

Governor Raimondo issued Executive Order 20-90 on October 30, 2020 that amends and restates the Phase III Re-Opening. The Order made only two revisions from the order previously in place: (1) gatherings are now limited to 10 people instead of 15; (2) indoor sporting venues may not host events.

Effective October 30, the order advises vulnerable populations to remain home and continues self-quarantine requirements for those returning international travel and from areas with high community spread rates. It also eases limits on social gatherings, including permitting social gatherings of up to 10 people, and permitting weddings or other events at catered restaurants for up to 50 people indoor and 100 people outdoor. Venues and religious services may operate at 66% of capacity or 1 person per 100 square feet, up to 125 people indoor and 250 people outdoor.

Remote work is still encouraged, but office-based businesses may resume operations of up to 66% of workers on site as long as social distancing can be maintained. Those workplaces which have previously been operating at more than 66% capacity do not need to reduce their workforce. All businesses must follow cleaning, screening, screening, and other safety protocols.

Retail businesses may now permit 1 customer per 100 square feet of the store area that is open to customers generally. Restaurants may continue to sell liquor for carry-out, and may continue limited indoor and outdoor dining options as outlined in the guidance issued by the Department of Health. Nightclubs must remain closed. Personal services may open subject to requirements of the guidelines set forth by the Department of Health. Gyms and fitness centers may continue to operate at a capacity of 1 person per 100 square feet.

Indoor sporting facilities may not host games, practices or other sports from November 2 through November 8. Spectators are prohibited from attending sporting events or practices unless the athlete us 10 years or younger.

On November 2, 2020, Governor Raimondo issued Executive Order 20-91 that extended the following executive orders from November 3 until December 3, 2020:

1. Executive Order 20-02 (Declaration of Disaster Emergency).

2. Executive Order 20-06 (Fourth Supplemental Emergency Declaration - Expanding Access to Telemedicine Services).

3. Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration - Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).

4. Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration - Testing, Critical Supplies and Hospital Capacity Reporting).

5. Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration - Increasing Access to Unemployment Insurance).

6. Executive Order 20-60 (Fifty-Fifth Supplemental Emergency Declaration - Continuing to Require Cloth Face Coverings in Public).

7. Executive Order 20-70 (Sixty-Fifth Supplemental Emergency Declaration - Hospital and Community-Based Health Care).

8. Executive Order 20-71 (Sixty-Sixth Supplemental Emergency Declaration - Further Quarantine Order).

9. Executive Order 20-82 (Seventy-Seventh Supplemental Emergency Declaration - Modifying Processes for the Predominantly Mail Ballot General Election).

South Dakota:

On September 21, 2020, Gov. Kristi Noem called a special session of the South Dakota Legislature in order to decide how to use a portion of the $1.25 billion in COVID Relief Funds allocated to the state by the CARES Act. On October 5, 2020, the Legislature passed a non-binding resolution recommending how to spend $597 million. The resolution made the following recommendations:

• $400 million for a COVID small business Interruption grant program
• $40 million for a COVID non-Profit business interruption grant program
• $10 million for a COVID startup business grant
• $115 million for community-based health providers or personal service providers
• $15 million for acute care hospitals
• $10 million for housing assistance

Five of the six recommendations listed above were adopted by Gov. Noem on October 9, 2020, with eligibility for some programs expanded thereafter. The housing assistance recommendation was Adopted by Noem October 22, 2020.

Vermont:

On October 15, 2020: Governor Phil Scott issued Addendum 6 to the state’s COVID-19 State of Emergency order, extending it until November 15, 2020. On October 16, 2020, Scott issued Addendum 7 to the State of Emergency order, limiting the ability of ice rinks within the state to take any additional reservations for use between October 16-30, 2020.

Wyoming:

On October 30, 2020, State Health Officer Alexia Harrist extended three statewide orders establishing restrictions on business operations, schooling and public gatherings. Those orders allowed indoor entities with social distancing and sanitation measures in place to host 250 people in the building (businesses which chose not implement such measures are limited to 50 people) and outdoor gatherings were limited to 50% of the venue’s capacity with a maximum of 1,000 people. The public health orders are in effect until November 15.

In addition, Gov. Mark Gordon announced on October 31 that he was increasing contact tracing in the state by bringing a Wyoming-based company, Walter Hall Research, to assist with tracing as the Wyoming National Guard ramps down its assistance in the first week of November.

November 4, 2020

Florida:

Governor DeSantis issued an Executive Order further extending the state of emergency for an additional 60 days for the entire state of Florida.

Kansas:

(Johnson County): On November 3, the Johnson County Health Department announced that due to a surge in COVID-19 cases, the county is now in the “red” zone according to its guidance for safely operating schools. In that zone, the health department advises that all students should learn remotely, although officials are not yet making that recommendation. It is up to districts to decide whether to follow the county’s guidance. The health department is also advising districts to cancel winter sports, such as basketball, where social distancing is impossible.

Kentucky:

On November 4, Governor Beshear issued an executive order to renew the state’s face coverings mandate for another 30 days and signed an executive order that extends previous orders allowing pharmacists to dispense 30-day refills. The current executive order is set to expire on November 4 at 11:59 p.m. The new order will be effective for 30 days beginning November 5.

New Jersey:

Governor Murphy announced Washington and Oregon will be added to the state’s quarantine advisory for individuals traveling to New Jersey from states or territories with significant community spread of COVID-19. This quarantine advisory requires individuals to quarantine for a 14-day period from the time of last contact within the identified state or territory. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

As of November 4, there were 43 states and territories that met this criteria: Alabama; Alaska; Arizona; Arkansas; California; Colorado; Florida; Georgia; Guam; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Maryland; Massachusetts; Michigan; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; New Mexico; Nevada; Ohio; Oklahoma; Oregon; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; West Virginia; Washington; and Wyoming.

New York:

Governor Cuomo announced Executive Order 202.72, which provides modifications to current vehicle laws in New York. For instance, starting on December 1, 2020, there will be no more suspension of the penalty for not getting annual safety inspections and biennial emissions inspections. Also, the vehicle and traffic law that provided for an extension for temporary registration documents for auto dealers, will no longer be suspended. For more information, please find the order here.

(New York City): On November 3, Mayor de Blasio signed Executive Order No. 159 which modified sections of Emergency Executive Order No. 141. This order requires all transitory hotels, motels, inns and other short term rentals to require proof from all travelers that they have completed the State of New York Traveler Health Forms. Those travelers who have not completed the form shall not be allowed access to a room, until completing the form.

Ohio:

The Ohio Department of Health released an updated map of states that Ohioans are advised against visiting due to high concentrations of coronavirus outbreaks. The states now on the travel advisory are Alabama, South Dakota, Kansas, Iowa, Idaho, Montana and Wyoming, all of which are reporting a positive testing rate of 15% or higher. South Dakota has the highest percentage of positive cases with 51%. People who travel to these states are highly encouraged to self-quarantine for 14 days upon returning to Ohio. Since last Wednesday’s update, states that have been downgraded from the list include Wisconsin, Nebraska, Nevada, Utah, Mississippi and Indiana.

Further, on November 3, the city of Chicago added Ohio to its travel advisory list. People traveling from Ohio to Chicago must now quarantine for two weeks upon arrival.

November 3, 2020

Indiana:

Governor Holcomb signed Executive Order 20-47 which is the Eighth Renewal of the Public Health Emergency Declaration for the Covid-19 Outbreak. The order renews the declaration of a public health disaster emergency for another 30 days, through December 1, 2020. All other executive orders issued since March 6, 202, which are contingent on the public health emergency declaration are renewed for the same 30 day period.

Iowa:

On November 3, Governor Reynolds announced $28 million in direct relief will be provided to Iowa’s hospitals and local health departments. $25 million will be allocated to hospitals to address staffing needs and the remaining $3 million will be distributed to local county health departments. Additionally, Governor Reynolds announced the 46 awardees of the $5.85 million Coronavirus Relief Fund Earn and Learn Grant.

Kentucky:

On November 2, Governor Andy Beshear updated Kentuckians that he has designated $15 million in CARES funding for the Healthy at Home Utility Relief Fund. The fund can assist households with income up to 200% of the Federal Poverty Level that have suffered financially due to COVID-19, covering up to $500 for past-due utility, water or wastewater bills. For a limited number of households, the fund can pay up to $200 for past-due electric or natural gas bills, up to two times. Kentuckians can apply at their local Community Action Agency: To locate their local office, applicants may call 800-456-3452 or visit http://www.capky.org.

Applicants will need the following documentation:

• Most current utility bill;
• Proof of arrearage, payment plan or disconnect notice for utilities;
• Proof of Social Security Number or Permanent Residence card (Green Card) for each member of the household; and
• Proof of all household’s (all members) income from the preceding month.

Massachusetts:

Governor Baker-Polito’s issued Order Nos. 53, 54, and 55, on November 2, 2020, regarding COVID-19 protocols, gatherings, and masks. First, under Order No. 53, Section 12 license holders that remain closed may renew their licenses effective immediately without showing proof of liquor liability insurance, or proof of workers’ compensation insurance if no payroll exist at the time, and they remain closed without employees. Secondly, sections 1 and 2 of the order will be effective at 12:01 a.m. on November 6, 2020, and all parts remain in effect until rescinded or the state of emergency ends. Under section 1, various types of businesses must close no later than 9:30 p.m. and may not reopen until 5:00 a.m. Some businesses included on this list are restaurants, arcades, indoor and outdoor events, and theaters, sporting activities, fitness centers, and casinos. Under section 2, the service and sale of alcohol and cannabis is prohibited during the daily mandatory closing period for certain licensed businesses.

Secondly, Order No. 54 becomes effective at 12:01 a.m. on November 6, 2020, and all parts remain in effect until rescinded or the state of emergency ends. Under this order:

• Social distancing is required,
• Private residences may not have indoor gatherings of more than 10 people or outdoor gatherings of more than 25 people,
• Venue spaces may not have indoor gatherings of more than 25 people or outdoor gatherings of more than 100 people in low-risk communities or no more than 50 people in communities that don’t qualify as low-risk,

These gathering limitations do not apply to businesses that are complying with Indoor and Outdoor Events Guidance issued by the Department of Labor Standards, or those Phase I, II, III enterprises complying with sector-specific safety rules and capacity limitations. Additionally, gatherings of more than 50 people must notify local health boards, and all gatherings must end by 9:30 p.m.

Lastly, Order No. 55 rescinds Order No. 31, becomes effective at 12:01 a.m. on November 6, 2020, and all parts remain in effect until rescinded or the state of emergency ends. Under this order persons over the age of 5 must wear a mask or cloth face covering in public whether indoors or outdoors. Public locations include stores, pharmacies, shared transportation, public streets, and event venues. The requirement does not apply to certain types of people with conditions or in conditions that may be unsafe or impede communication with people with hearing conditions.

(Worcester): The City of Worcester issued an order extending the previous order implementing temporary outdoor restaurant dining protocols, for another 60 days, or until the governor rescinds the state-of-emergency. Under the 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:

Just one day after the Michigan Department of Health and Human Service’s latest Gatherings and Facemask Order went into effect, the department released a Q&A on Collection of Customer Information for Contact Tracing, as required under the order. The Q&A clarified the following points:

• Organizations should collect only the name, phone number and date and time of service of patrons. No address or other information is needed.
• Restaurants are not responsible for verifying customer information, though they must store what they are given for 28 days.
• The information won’t be given to a local or state health department unless one requests it.
• It also won’t be given to law enforcement or immigration officials, unless a subpoena requires it. It “will be protected as confidential information to the fullest extent of the law,” according to the state.
• Restaurants are “encouraged” to collect information from all members of a party, or parent information for minors. However, one person per household is acceptable, the state said.
• Under the new guidance, restaurants have a choice when customers won’t comply with the information request: “MDHHS recommends that the facility deny entry to the patron.”

The penalty for businesses that fail to meet these requirements is still a misdemeanor, carrying up to a six-month jail term and a possible $1,000 civil fine.

Missouri:

(St. Louis County): St. Louis County Department of Public Health (“DPH”) issued its 2nd amended quarantine and isolation Order on November 2, 2020, replacing the order dated March 24, 2020, which took effect at 6 a.m. on November 3, 2020, and will remain in effect until rescinded or amended. Under this amended order:

• People are required to self-isolate if they develop COVID-19 symptoms
• People shall quarantine if they came in close contact with a positive person, even if they have a negative result,
• People shall notify the health department if exposed to COVID-19,
• If the DPH identifies a person as having had close contact with a positive person, the person is required to quarantine for 14 days or until cleared by the DPH,
• People who test positive for COVID-19 must remain in isolation until cleared in writing by DPH.
• People who were in quarantine were permitted to vote at designated drive through locations.

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-14 and Boone County issued Order No. 2020-14C on November 2, 2020, which extends phase two, step three, of its reopening plans until November 17, 2020, at 11:59 p.m., under Order No. 2020-11 and Order No. 2020-11C. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Child care services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

November 2, 2020

Delaware:

On October 30, Governor Carney issued the Eighth Extension of the Declaration of a State of Emergency, which extends the state’s original emergency declaration another 30 days to limit the spread of COVID-19. Delaware state law requires the governor to officially extend the state of emergency every 30 days.

District of Columbia:

On November 2, DC Health released an Updated list of High-Risk states pursuant to previously issued Mayor’s Order 2020-81, which requires that anyone coming into Washington, DC from a high-risk state (within the prior 14 days) who was traveling for non-essential activities to self-quarantine for 14 days from their arrival in the District. States that were added to the list include California, New Jersey, and Oregon. No states were removed from the list.

Florida:

(Palm Beach County): On October 29, Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through November 6, 2020.

Georgia:

On October 30, Governor Kemp issued Executive Order 10.30.20.01, which extends the Public Health State of Emergency in Georgia. This Order extends the State of Emergency through December 9, 2020. Additionally, Governor Kemp issued Executive Order 10.30.20.02, extending “Empowering A Healthy Georgia” Order until 11:59 p.m. on November 15, 2020. The extended Order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.” Highlights of the Order include:

• The Georgia Department of Public Health may, after taking reasonable steps to provide notice and an opportunity to comply, assuming management and supervision of a noncomplying Long-Term Care Facility;
• The Georgia Board of Professional Counselors, Social Workers, and Marriage and Family Therapists is authorized to issue temporary authorization to practitioners for practice in Georgia if the practitioner is currently licensed in good standing in another state;
• Municipalities, counties, and other government entities shall have the authority to control terms of entry (including requiring a face mask or face covering for entry) onto property owned or leased by the municipality, county, or other governmental authority, board bureau, or commissioner, regardless of whether the Threshold Requirement is met; and
• No individual shall be denied ingress or egress to or from a Polling Place for failure to wear a face covering or face mask.

Illinois:

As of November 4, all 11 Illinois regions will be subject to additional Mitigation Measures in an effort to combat the ongoing resurgence of COVID-19 in Illinois. Notable restrictions include:

• No indoor dining or service at bars or restaurants
• Meetings, social events and gatherings are limited to the lesser of 25 guests or 25 percent of overall room capacity

Region 1, consisting of Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago Counties, remains subject to heightened Mitigation Measures. Most notably, Region 1’s heightened measures restrict meetings, social events and gatherings to 10 guests.

Kansas:

On October 30, Governor Laura Kelly announced the launch of the online investment dashboard to show how the $1.034 billion in Coronavirus Relief Funds (CRF) are being spent across Kansas. Kansans can view the investment dashboard directly at covid.ks.gov/covid-data/ or by visiting the Office of Recovery website: covid.ks.gov/spark-recovery-office/ and selecting the Investment Dashboard tab.

The dashboard shows the $1.034 billion in federal CARES Act investments approved by the Governor’s SPARK taskforce and State Finance Council. The dashboard allows users to view investments based on how the funds will be used or by location served. For example, users can view all the investments that have strengthened public health, or they can learn how much funding their counties have received.

Through the SPARK process, approximately $400 million was distributed to Kansas counties directly to address their local needs. The remaining funds are being administered by statewide organizations to provide Kansans programs and services. The dashboard shows how all these funds are being invested. Not all funds have been spent yet, and the dashboard will continue to be updated as more dollars are invested.

Kentucky:

On October 29, Governor Andy Beshear urged every Kentuckian in 68 red zone counties to up their game in the fight against COVID-19 and follow nine recommendations beginning Monday, November 2nd, through Sunday, November 8, to reduce the spread of COVID-19 as cases flare in those areas. Schools, businesses, community leaders and Kentuckians in red zone counties – published every Thursday afternoon on kycovid19.ky.gov – should follow the below recommendations the upcoming week:

• Employers should allow employees to work from home when possible
• Government offices that do not provide critical services need to operate virtually
• Reduce in-person shopping; order online or pickup curbside as much as possible
• Order take-out; avoid dining in restaurants or bars
• Prioritize businesses that follow and enforce the mask mandate and other guidelines
• Reschedule, postpone or cancel public events
• Do not host or attend gatherings of any size
• Avoid non-essential activities outside your home
• Reduce overall activity and contacts, and follow existing guidance, including the 10 Steps to Defeat COVID-19

Furthermore, Amy Cubbage, the Governor’s general counsel, discussed a new way of reporting unemployment insurance claims. In order to best serve those claimants who have been waiting the longest, the cabinet is now sorting claims by date of filing. Cubbage stated that Labor Cabinet Secretary Larry Roberts, at the Governor’s direction, has requested from the U.S. Department of Labor the ability to waive the obligation to obtain repayment of mistakenly paid benefits that may have occurred after the federal government changed their eligibility guidance. “We have not heard back from U.S. Department of Labor but remain hopeful we will be allowed some flexibility on these overpayments,” Cubbage said. “If granted, we will be able to provide significant relief to many Kentuckians.”

As a part of a project to upgrade the unemployment insurance computer system to be more user-friendly, there are some upcoming dates the system will be down for claimants. Kentuckians will not be able to file a claim or claim benefits during these planned outages: Friday, November 6, and Saturday, November 7; Thursday, November 26, through Saturday, November 28; and briefly after business hours on December 15.

Maine:

On October 29, Governor Mills signed a proclamation extending Maine’s state of civil emergency through November 27, 2020.

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

As part of the November 1 announcement, Governor Mills also adjusted Maine’s travel protocols and indoor gathering limits. Effective November 4, individuals traveling from New York, New Jersey, and Connecticut are no longer exempt from Maine’s quarantine or negative test requirement. People coming to Maine from these states must either quarantine for 14 days or receive a negative COVID-19 test with a sample taken less than 72 hours from arrival in Maine, quarantining while awaiting test results. This protocol includes Maine residents returning from one of the non-exempt states. Additionally, beginning November 4, indoor gatherings will return to a maximum of 50 people, regardless of capacity (previously indoor seating was limited to 50 percent of permitted capacity or 100 people, whichever was less). The gathering limit on outdoor activities remains at 100 people under existing guidelines, with physical distancing and the use of face coverings.

Maryland:

On October 30, Governor Hogan issued an order renewing the State of Emergency in Maryland which has been in effect since March 5, 2020.

On November 2, Novavax, a clinical stage vaccine company that is currently developing a COVID-19 vaccine, announced plans to expand into a new R&D, manufacturing, and office facility in Montgomery County, Maryland. Novavax has committed to adding at least 400 local jobs by December 2024. The company expects to add the majority of these new positions by March 2021. To assist with project costs related to the expansion, the Maryland Department of Commerce has approved a $2 million conditional loan contingent on job creation and capital investment. In addition, the state has approved a $200,000 Partnership for Workforce Quality training grant, and the company is eligible for several tax credits, including the Job Creation Tax Credit and More Jobs for Marylanders.

New Hampshire:

On October 30, Governor Sununu issued an emergency order extending Executive Order 2020-04 for an additional 21 days. Executive Order 2020-04 declared a state of emergency due to Coronavirus (COVID-19).

New Jersey:

Governor Murphy announced Administrative Order 2020-22 intended to clarify restrictions on professional and college athletic competitions, indoor mall services, self-service food and drink, and private tutoring facilities. This order clarifies that athletes, coaches, referees, trainers, and other individuals necessary for a professional or collegiate sporting events are not to be included in the number of individuals present at those gatherings, for the purposes of the limits on gatherings. Further, this order allows vending machines and stroller rentals to operate at malls, prohibits self-service food at retail business, including grocery stores, and opens private tutoring facilities. More specifics about these clarifying rules can be found here.

New York:

October 31, Governor Cuomo announced Executive Order 205.2 with new guidelines allowing out-of-state travelers to “test-out” of New York’s mandatory 14-day quarantine effective on November 4. To “test-out,” travelers must be tested within three days prior to landing in New York, then they must quarantine for three days. On the fourth day, the travelers must get a test and if that test is negative, they can exit quarantine. Travelers who were out of the state less than 24 hours do not have to quarantine but need to get a test on their fourth day back. Travelers coming from states that are contiguous to New York will continue to be exempt from the travel advisory.

(New York City): On October 29, Mayor de Blasio signed Executive Order 158 extending the State of Emergency declaration in New York City until November 3.

Ohio:

On October 30, Governor DeWine announced that Ohio has now hit a record number of cases reported in a single 24-hour period. New health data compiled by the Ohio Department of Health found that 43 counties currently have a very high risk of exposure and spread (Red Level 3), up from 38 counties last week. This represents the highest number of Red Level 3 counties since the launch of the advisory system in July. As of today, 78 percent of Ohioans are living in a Red Level 3 county. Less than 1 percent of Ohioans live in a Yellow Level 1 county.

Additionally, Governor DeWine called on community leaders in each county to immediately form a local COVID Defense Team consisting of county commissioners, mayors, local hospital leaders, health commissioners, business leaders, religious leaders, and other local leaders. Each COVID Defense Team will be responsible for assessing COVID-19 spread in their communities, taking inventory of the assets in the community, and focusing on what steps are necessary to slow the spread of the coronavirus among their citizens.

Furthermore, Governor DeWine announced that the Ohio Department of Developmental Disabilities has partnered with Governor DeWine’s Children’s Initiative to provide financial support to families who may need supplemental assistance outside of what is provided by their child's Individualized Education Programs (IEP). Learning Aid Ohio was created to connect tutors, aides, or in-home providers who can offer distance learning support for students with disabilities on IEPs. The primary goal of Learning Aid Ohio is to provide opportunities for meaningful educational experiences for students on IEPs learning full-time on a digital platform. Applications can be submitted at www.LearningOhio.com.

Tennessee:

On October 30, Governor Lee signed Executive Order 67 extending the state of emergency until December 29, 2020. Executive Order 67 extends certain, targeted provisions of previous executive orders, including the authority of local governments to institute mask requirements.

West Virginia:

On November 2, Governor Justice urged all West Virginians to take advantage of the numerous free testing opportunities sites across the state. Free testing sites are available in 54 locations, and additional free testing events are scheduled in each of the state’s 45 counties through November 20, 2020.

October 29, 2020

Alaska:

Alaska’s Declaration of Public Health Disaster Emergency, first declared by Governor Dunleavy on March 11, 2020 and extended by Senate Bill 241, expires on November 15, 2020. Governor Dunleavy has not yet stated whether he intends to extend the declaration past November 15.

Kansas:

The Kansas State Finance Council approves $65 million for increased COVID-19 testing and small business grants. This CARES Act funding will allow Kansas to provide up to one million COVID-19 tests by the end of the year and $20 million for small businesses.

Michigan:

Director Gordon of the Michigan Department of Health and Human Services issued a new Gatherings and Facemask Order, effective immediately and until it is rescinded. The order puts the entire state into phase four of Governor Whitmer’s reopening plan. Previously the Traverse City Region had been upgraded to phase five, but it is now in line with the rest of the state.

Under the new order, no more than 50 people can gather indoors unless there is fixed seating. Restaurants, bars and other indoor non-residential locations cannot allow more than six people at a table, and anyone who enters such an establishment must give their name and phone number so officials can reach them for contact tracing. The order also imposes civil fines of up to $1,000 for violations, which could also be treated as misdemeanors and punishable by up to six months in prison. Officials also state that failure to follow the order could violate a business or professional’s licensure requirements or present a workplace safety violation.

Rhode Island:

Governor Raimondo issued the Eighty-third Supplemental Emergency Declaration – Phase III Re-Opening on October 28, 2020, effective immediately and in effect until November 27, 2020. The order advises vulnerable populations to remain home and continues self-quarantine requirements for those returning international travel and from areas with high community spread rates. It also eases limits on social gatherings, including permitting social gatherings of up to 15 people, and permitting weddings or other events at catered restaurants for up to 50 people indoor and 100 people outdoor. Venues and religious services may operate at 66% of capacity or 1 person per 100 square feet, up to 125 people indoor and 250 people outdoor.

Remote work is still encouraged, but office-based businesses may resume operations of up to 66% of workers on site as long as social distancing can be maintained. Those workplaces which have previously been operating at more than 66% capacity do not need to reduce their workforce. All businesses must follow cleaning, screening, screening, and other safety protocols.

Retail businesses may now permit 1 customer per 100 square feet of the store area that is open to customers generally. Restaurants may continue to sell liquor for carry-out, and may continue limited indoor and outdoor dining options as outlined in the guidance issued by the Department of Health. Nightclubs must remain closed. Personal services may open subject to requirements of the guidelines set forth by the Department of Health. Gyms and fitness centers may continue to operate at a capacity of 1 person per 100 square feet.

Guidance for opening regulations for all industries issued by the Department of Health can be accessed here.

October 28, 2020

Connecticut:

On October 27, Governor Lamont signed Executive Order 9I which modifies the state’s previously issued self-quarantine and travel advisory order for people arriving to Connecticut from impacted states. The new order specifies that travelers returning from New York, New Jersey, and Rhode Island are no longer subject to a mandatory quarantine and testing protocol; those states are no longer treated as “affected states” as those states have agreed to coordinate COVID-19 travel advisories with Connecticut.

Florida:

(Miami-Dade County): Mayor Gimenez issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on October 29, 2020.

Montana:

On October 23, Governor Bullock announced the launch of a COVID-19 violation complaint form. By using the Consumer Complaint Form, Montanans can notify health officials of violations of COVID-19 directives. As of October 27, the State had received 1,300 submissions from 40 of the state’s 56 counties. According to State Communicable Disease Bureau Chief Jim Murphy, around 1,000 were concerns about businesses and 300 were comments not about a business.

New Jersey:

Governor Murphy signed an executive order requiring mandatory health and safety standards to protect all New Jersey’s workers at work during the pandemic. These standards are for both public and private sector employers. Starting on November 5, all employers must require individuals at the worksite to maintain at least six feet of distance from others to the maximum extent possible and require employees and visitors to wear masks when entering the worksite. Some other requirements include providing sanitization materials and providing employees with break time to practice hand hygiene. To see the other required protocols, see the Governor’s press release.

New York:

(New York City): Mayor Bill de Blasio announced the Open Storefronts program, permitting businesses to use a portion of their sidewalk to display merchandise, sell goods, complete transactions, and providing queuing areas. An eight-foot clear path of sidewalk from the curb must be maintained for Open Storefronts to operate. Stores can only use their own space and must bring all furniture and goods indoors when closed. The program will run from October 30 until December 31.

North Carolina:

On October 28, Governor Roy issued Executive Order No. 171, which the CDC’s Order titled “Temporary Halt in Residential Evictions to Prevent the Further Spread of Covid-19” enforceable as state law. All CDC protections apply to residents who qualify under the CDC order. Additionally, under the Executive Order, if a landlord brings an eviction action, the landlord must provide a blank copy of the CDC Declaration form to the tenants.

The Executive Order, similar to the CDC order, does not prevent eviction for reasons other than nonpayment of rent due to the impact of COVID-19.

The Executive Order takes effect on October 30, 2020 at 5:00 p.m. and will expire on December 31, 2020 unless repealed, replaced, or rescinded.

October 27, 2020

Colorado:

Effective October 28, 2020, Denver and Adams counties will transition to the more restrictive Level 3 in the State’s Dial Framework following an increase in COVID-19 cases and hospitalizations. The transition to the Level 3 imposes the following limitations on social and economic activity:

• personal social gatherings must not exceed 10 people—Denver County has previously reduced this number to five individuals;
• office-based businesses may allow up to 25% of their employees to conduct in-person work that takes place outside a private residence;
• Non-critical Retail may operate at 25% of the posted occupancy limit;
• Non-critical Manufacturing may operate at 25% of the posted occupancy limit not to exceed 50 people, whichever is less, per room;
• personal services may operate at 25% of the posted occupancy limit, not to exceed 25 people, per room;
• restaurants may operate at 25% of the posted occupancy limit indoors not to exceed 50 people excluding staff, whichever is less, per room—restaurants may also use any existing, licensed outdoor space for in-person dining with the same group limit of 10 and minimum spacing of 6 feet apart;
• all on-premises licensees for alcohol sale must cease alcohol beverage sales to end consumers for on-premises consumption and for takeout between 10:00 p.m. and 7:00 a.m. MDT each day;
• Indoor Events may allow up to 25 people within their usable space calculated using the Distancing Space Calculator per room, excluding staff;
• Outdoor Events may allow up to 75 people within their usable space calculated using the Distancing Space Calculator, excluding staff;
• gyms, recreation centers and indoor pools are not authorized to open for in-person services; virtual services may be provided; and
• organized recreational youth or adult league sports are not authorized for indoor settings.

The Colorado Department of Public Health also amended Public Health Order 20-35, which establishes the Dial Framework, on October 23, 2020. The revised order clarifies that:

• counties may move more than one level at a time in the Dial Framework;
• personal social gatherings in all three levels should not exceed two households;
• the in-person cap for restaurants and indoor and outdoor events does not include staff; and
• critical businesses and government functions should follow their sector guidance, unless doing so does not allow them to provide the critical need.

The revised order remains in effect until November 6.

Connecticut:

On October 27, 2020, Governor Lamont signed Executive Order 9I which modifies the state’s previously issued self-quarantine and travel advisory order for people arriving to Connecticut from impacted states. The new order specifies that travelers returning from New York, New Jersey and Rhode Island are no longer subject to a mandatory quarantine and testing protocol; those states are no longer treated as “affected states” as those states have agreed to coordinate COVID-19 travel advisories with Connecticut.

On September 16, 2020, Governor Lamont signed Executive Order No. 9C which modifies the state’s previously issued self-quarantine and travel advisory order for people arriving to Connecticut from impacted states, expanding the testing exemption to all travelers who test negative for COVID-19 in the 72 hours prior to arrival and those who test negative after arrival.

The order also allows municipalities, districts and water pollution control authorities to resume non-judicial tax sales.

On September 25, 2020, Governor Lamont signed Executive Order No. 9D which extended the ban on off-premises alcohol sales without food by certain establishments until November 9, 2020. It also extended contracting flexibility related to the Student Data Privacy Act until January 31, 2020.

On September 30, 2020 Governor Lamont signed Executive Order No. 9E which extended the state’s eviction moratorium until January 1, 2021, with amendments. The amendments specify that no “Notice to Quit” shall be issued before January 1, 2020 except for the following:

• Nonpayment of rent prior due on or prior to February 29, 2020.
• “Serious nonpayment of rent,” which is defined as an average of six months rent after March 1, 2020, excluding all other costs or fees.
• “Serious Nuisance,” which is defined as threats of bodily harm on the landlord or conduct that threatens the safety of other tenants or the landlord, prostitution or sale of drugs on the premises, or willful destruction of the premises.
• Or due to the intention of the landlord to use the premises as landlord’s principal residence.

Any notices to quit issued before January 1, 2021 must come with the CDC Declaration regarding the “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.” The order also extended café liquor permits at certain establishments set to expire prior to February 8, 2021. Any permits in this date range will not expire until February 9, 2021.

On October 8, 2020 Governor Lamont signed Executive Order No. 9F which restricted religious or spiritual gatherings, if held indoors, to no more than 50 percent of the building’s capacity or 200 people, whichever is lower. Those services held outside may continue provided participants wear masks, unless speaking from safely designated locations, and participants maintain social distancing of six feet. Previous provisions regarding drive-in religious and graduation ceremonies remain in place.

Furthermore, on October 8, 2020, Connecticut shifted to “Phase 3” reopening of businesses and gatherings. The following, less-restrictive measures, are in place during Phase 3:

• Restaurant, Personal Services and Libraries may return to 75 percent capacity indoors, though restaurants and personal services must maintain proper social distancing measures.
• Outdoor event venues, private recreational gatherings at commercial facilities, religious indoor events and indoor graduations may occur with 50 percent capacity or a specific cap on attendees (Religious/graduation events are capped at 200 people; private indoor social gatherings at commercial venues are capped at 100 people.)
• Private gatherings at residences remain capped at 25 people.

On October 13, 2020, Governor Lamont signed Executive Order No. 9G which allows municipalities to revert to more restrictive size and capacity rules for businesses and gatherings if that municipality posts an average of 15 cases or more a day over a 14-day reporting period. Once this threshold is reached, the municipality may elect to restore restrictions in place prior to October 8, 2020 by the Department of Economic and Community Development (so called Phase 2) rules. The difference between Phase 2 and Phase 3 rules can be found here.

Florida:

(Broward County): On October 26, County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on October 27, 2020.

Hawaii:

(Maui County): On October 23, Mayor Victorino issued a Public Health Emergency Proclamation for the County, which is effective October 30, 2020 and terminates after 60 days, unless otherwise terminated.

Iowa:

On October 26, Governor Reynolds announced the Iowa Economic Development Authority, in partnership with the Association of Iowa Fairs, launched the Iowa County Fairs Relief Fund (the “Fund”). The Fund will provide awards of $25,000, $50,000, or $75,000 to eligible County and District fairs to assist with operational expenses. Award amounts will be determined based on demonstrated revenue loss for the period from October 1, 2020 through September 30, 2020 as compared with the corresponding period for the previous year.

To be eligible, an applicant must demonstrate that it:

1. Is a “Fair” as defined at Iowa Code section 174.1;
2. Has continuously held membership in the AIF since at least March 17, 2020;
3. Conducted a “fair event” as defined at Iowa Code section 174.1 (“Fair Event”) in Iowa in Calendar Year 2019;
4. Held a Fair Event after March 17, 2020 but was subject to limitations or restrictions described in a Proclamation of Disaster Emergency issued by Governor Reynolds on or after March 9, 2020, or it canceled a Fair Event scheduled to be held in Iowa between March 17, 2020 and the submission date of this Fund application; and
5. Experienced a revenue loss for the period of October 1, 2019 through September 30, 2020 as compared with the corresponding period for the previous year.

Applicants that received assistance under the Iowa Nonprofit Recovery Fund are not eligible to receive assistance under the Iowa County Fairs Relief Fund. Applications will be accepted until November 16, 2020 at 5 p.m. and can be found here.

Mississippi:

Governor Reeves signed Executive Order 1528 on October 27, 2020. It amends Executive Order 1527 by bringing seven new counties under a face mask mandate (Benton, Carroll, Harrison, Jones, Leake, Madison, and Marshall), and will be in effect October 28, 2020 through November 11, 2020 unless otherwise modified, amended, rescinded, or superseded.

New Jersey:

Governor Murphy announced an update to his quarantine advisory for individuals traveling to New Jersey from states or territories with significant community spread of COVID-19. This quarantine advisory requires individuals to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes California and Massachusetts. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 41 states and territories that meet the criteria stated above: Alabama; Alaska; Arizona; Arkansas; California; Colorado; Florida; Georgia; Guam; Iowa; Idaho; Indiana; Illinois; Kansas; Kentucky; Louisiana; Maryland; Massachusetts; Michigan; Minnesota; Missouri; Mississippi; Montana; North Carolina; North Dakota; Nebraska; New Mexico; Nevada; Ohio; Oklahoma; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; Wisconsin; West Virginia; and Wyoming.

New York:

Governor Cuomo announced California will be added to New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 41 states and territories that meet the criteria stated above: Alabama, Alaska, Arkansas, Arizona, California, Colorado, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, and Wyoming.

October 26, 2020

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 3 to Emergency Order 29-20, which, to the extent the CDC issues guidelines more restrictive than those required in the Order, requires compliance with the CDC guidelines. The Order further removes limitations on park opening hours, clarifies the requirements applicable to golf courses, and permits team competition for all sports. Mayor Gimenez also issued Executive Order 31-20 which, effective October 24, 2020, updates the applicable version of the “Moving To A New Normal Handbook.” Mayor Gimenez also issued an affidavit explaining the extension of the local state of emergency.

(Palm Beach County): On October 22, Mayor Kerner issued a Declaration of Continuing State of Emergency further extending the state of local emergency through October 30, 2020.

Hawaii:

(Maui County): Mayor Victorino issued amended Public Health Emergency Rules, which clarified rules on permitted masks or facial coverings, which do not include masks with exposed external valves, neck gaiters, bandanas, or face shields without a permitted mask underneath. The Order also adds to the list of persons not subject to any quarantine or stay-at-home order, those who travel solely between Kalawao County and other locations on Molokai. The Order also institutes a stay-at-home order for the island of Lanai, until November 11, 2020. Individuals may only leave their residences to conduct Essential Activities, provided they are conducted by only one member of the household, unless the presence of additional household members, such as minors or other dependents, is absolutely necessary. Travelers from Lanai to Maui or Molokai are required to quarantine unless exempt by pre-testing or approved for CISA limited quarantine. The Rules take effect on October 27, 2020.

Illinois:

Governor Pritzker ordered additional Mitigation Measures to be put in place in Illinois Region 5 on October 22, 2020 and in Regions 7 and 8 on October 23, 2020. Further, Governor Pritzker ordered additional Tier 2 Mitigation Measures after the Region experienced a sustained rise in COVID-19 cases despite the implementation of Tier 1 Mitigation Measures. Notable restrictions under the Tier 2 Mitigation Measures include:

• No indoor service or dining at bars or restaurants
• Meetings, social events and gatherings, both indoor and outdoor, are limited to 10 guests

The counties included under each region currently subject to Mitigation Measures are as follows:

• Region 1
  • Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago Counties
• Region 5
  • Marion, Jefferson, Wayne, Edwards, Wabash, Perry, Jackson, Franklin, Williamson, Saline, Hamilton, White, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Massac, and Pulaski counties
• Region 7
  • Kankakee and Will Counties
• Region 8
  • Kane and DuPage Counties

(Chicago): Mayor Lightfoot reinstated various COVID-19 restrictions following a recent increase in cases. Notable changes under the new restrictions include:

• All non-essential businesses must close to the public from 10:00 p.m. to 6:00 a.m.
• Indoor and outdoor consumption of food or alcohol at restaurants must cease at 10:00 p.m.
• All bars, taverns, or breweries that do not have a Retail Food Establishment License will no longer be able to serve customers indoors at any time
• All establishments that serve alcohol for on-site consumption must end alcohol service at 9:00 p.m. and must close completely at 10:00 p.m.

Louisiana:

On October 26, 2020, Governor Edwards filed a lawsuit in state court defending Louisiana’s COVID-19 public health emergency proclamation. The proclamation has been challenged by a group of members of the state House of representatives who, in an effort to terminate the Governor’s proclamation, signed a petition declaring the public health emergency was over on October 23, 2020. Governor Edwards’ lawsuit asks the state district court in Baton Rouge to declare the section of law used by those members of the House of Representatives to terminate the Governor’s public health emergency proclamation by petition unconstitutional. The lawsuit also argues that the members’ petition was improperly filed because they failed to consult the state’s public health authority before signing the petition.

Mississippi:

Governor Reeves announced additional measures to slow the spread of COVID-19 on October 26, 2020. The new executive order has not been officially published by the Governor, but during the announcement he noted that the order would impose face mask requirements for seven additional counties in the state and would also require hospitals to keep 10% of their capacity reserved for COVID-19 patients.

New York:

On October 23, Governor Cuomo announced 21 additional liquor licenses for bars and restaurants have been suspended due to egregious violations of pandemic-related Executive Orders. In New York, a total of 238 liquor licenses have been suspended during the coronavirus pandemic. Business found to violate pandemic related regulations can face up to $10,000 fines per violation, with egregious violations resulting in suspension of their liquor license.

(New York City): Mayor de Blasio signed Executive Order 156 extending the State of Emergency declaration in New York City for another five days.

Rhode Island:

Governor Raimondo issued Executive Order 20-87 on October 26, 2020 which extended the following executive orders until November 26, 2020, effective October 27, 2020:

1. Executive Order 20-29 (Twenty-Sixth Supplemental Emergency Declaration - Promoting Better Coordination of Health Care Coverage).
2. Executive Order 20-39 (Thirty-Sixth Supplemental Emergency Declaration - Authorizing adjustments to Child Care Subsidies and Reimbursement Rates).
3. Executive Order 20-56 (Fifty-First Supplemental Emergency Declaration - Adjustment to Wavemaker Fellowship Program).
4. Executive Order 20-68 (Sixty-Third Supplemental Emergency Declaration - Setting the Minimum Weekly Base Rate for Unemployment Insurance).

South Carolina:

Governor McMaster issued Executive Order No. 2020-67 on October 24, 2020. Effective immediately until November 10, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-63 (Amending & Consolidating Emergency Measures) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

West Virginia:

On October 23, Governor Justice, along with state health experts, urged West Virginians to redouble their efforts to follow best practices recommended by public health officials regarding COVID-19. The Governor warned that case numbers will continue to increase nationwide during the winter months, and strongly encouraged all citizens to continue getting tested, wearing masks, and physical distancing to slow the spread of the virus.

Governor Justice also reminded West Virginias to respond to contact tracers and if they see a call from their local health department to answer the phone because they may have been in close contact with someone who tested positive. Calls from number 866-611-0661 or caller ID “WV COVID19 RESP” are legitimate and should always be answered.

October 22, 2020

Alaska:

Governor Dunleavy and the Alaska Department of Health and Social Services amended Health Mandate 010, which details Alaska’s interstate and international travel policies. Effective October 16, 2020 until otherwise amended or rescinded, the travel requirements for the state as amended are as follows:

• For all travelers (resident and nonresident):
  • All travelers must complete a Travel Declaration Form and Self-Isolation Plan in the Alaska Travel Portal.
  • All traveler must follow strict social distancing for five days after arriving into the state, even if the traveler arrives with a negative test result.
  • The five-day pretest option is no longer available for any travelers.
• For nonresident travelers:
  • Test 72 hours prior to departure and upload negative result into the Alaska Travel Portal or have results available to show screeners at the airport.
  • If still waiting for negative result by arrival time, travelers will need to upload proof of a test taken into the Alaska Travel Portal or show proof of a test taken to an airport screener and self-quarantine at their own expense while awaiting results. Results must be uploaded into the Portal when received.
  • If a non-resident arrives without a test, testing at the airport is available for $250 per test. The traveler must quarantine at their own expense while awaiting test results.
  • The 14-day quarantine option (with no test) is no longer an option for nonresident travelers.
• For Alaska resident travelers:
  • Test 72 hours prior to departure and upload negative test result into the Alaska Travel Portal or have results available to show screeners at the airport.
  • The 14-day quarantine option (with no test) is still available to Alaska residents.
  • Alaska residents traveling within the state may receive a free test at airport sites with proof of Alaska residency.
• For critical infrastructure employees:
  • Travel that is deemed essential or for critical infrastructure will continue.
  • Critical infrastructure workers traveling to Alaska may no longer use state-funded testing at airports.
  • Critical infrastructure companies will be asked to provide employees with a letter on company letterhead that states they are a critical infrastructure worker traveling for work purposes. The letter must include travel plans and confirm that the traveler is following the employer’s Community Workforce Protect Plan on file with the state that includes testing and/or quarantine provisions.

Louisiana:

On October 22, Governor Edwards amended his Phase 3 order as it relates to outdoor high school sports to allow outdoor stadiums in parishes with lower rates of positive COVID-19 tests to move from 25 percent capacity up to 50 percent capacity. In order to be eligible, parishes must have a COVID-19 positivity rate of less than five percent for two consecutive weeks based on the most recent report from the Louisiana Department of Health.

This approach is similar to the approach Governor Edwards has taken with reopening bars. As with bars, if a parish’s percent positivity rate exceeds more than 10 percent for two consecutive weeks, the parish must return to the 25 percent capacity limit. This new order is effective October 23, 2020 and will remain in effect at least until the Phase 3 order expires on November 6, 2020.

Currently 26 parishes, including Orleans, East Baton Rouge, Iberia, and Lafayette are eligible to participate. This change does not apply to any college, professional, or indoor sports.

Maryland:

On October 22, Governor Hogan announced the $250 million ‘Maryland Strong: Economic Recovery Initiative,’ which will provide funding from the Rainy Day Fund to directly assist restaurants, small businesses, local entertainment venues, arts organizations, and Main Streets across the state. The initiative doubles the state’s total commitment to COVID-19 emergency economic relief for Marylanders to $500 million. The governor’s initiative will provide a third installment of funding to the Maryland Small Business COVID-19 Relief Grant Fund, which awards grants of up to $10,000 to businesses of 50 or fewer employees. To date, the program has distributed more than 9,600 grants to small businesses across the state. This additional relief will clear the backlog of eligible applications and bring the program’s total funding to $145 million. The governor’s initiative will also provide direct grant relief to qualifying restaurants across the state. The funding will be allocated through local jurisdictions and must be distributed no later than December 31, 2020. The initiative also provides direct relief for hard hit businesses and local entertainment venues, expands the COVID-19 Layoff Aversion Fund, and expands small and minority business low-interest loans.

Oregon:

On October 21, in response to rising infection levels, the Governor’s Healthy Schools Reopening Council met to review the steps Oregon will need to take to return more students to in-person instruction in schools. As of this week, only two counties currently meet Oregon’s metrics for in-person instruction for all grades, however, Oregon is exceeding the statewide 5% positivity rate maximum allowed for schools to move forward with reopening. Seven counties currently meet the metrics for some in-person instruction for K-3 students.

In order to return more students to classrooms across Oregon, the Healthy Schools Reopening Council identified three main areas of work:

• Review of the metrics to return to in-person instruction to reflect the latest data and best practices learned from other states.
• Ensure that school districts are prepared to effectively implement the Ready Schools, Safe Learners health and safety protocols for in-person instruction, so that students, educators, and staff are returning to safe learning environments.
• Drive down community transmission of COVID-19, so that schools can reopen and stay open, to provide stability and certainty for students, parents, and educators.

In order to ensure all community voices are represented, the council includes state and local officials, public health experts, public members from a diverse range of backgrounds, and members from the education community, including representatives of students, parents, support staff, school administrators, school board members, teachers, counselors, and school nurses.

October 21, 2020

Colorado:

In response to a rise in COVID-19 cases in Colorado, Governor Polis extended or amended numerous executive orders aimed at lessening the pandemic’s impact on the State, including creating significant new protections for residential and commercial tenants:

• Executive Order D 2020 216: increases and reallocates CARES Act and other federal and state financial assistance to small business grants, food banks and pantries, housing programs, and state payrolls, among other areas.

• Executive Order D 2020 217: extends Executive Order D 2020 188 to November 9, 2020, which allows licensed family-child-care homes and child-care centers to increase the number of children that they may care for by obtaining a waiver from the Colorado Department of Humans Services.

• Executive Order D 2020 218: decommissions the Ranch Complex in Loveland and the Western Memory Care Center in Grand Junction as alternative COVID-19 care sites, which provide ongoing medical treatment for those affected by the virus but that no longer require inpatient hospitalization. The order also extends the alternative-care-site designations for the remaining three site locations in Colorado until November 9, 2020.

• Executive Order D 2020 219: extends the statewide face-covering requirement implemented by Executive Order D 2020 110 (as amended) to November 11, 2020, while allowing the Colorado Department of Public Health and Environment to waive the face-covering mandates for indoor activities that cannot practically or safely be performed while wearing a mask.

• Executive Order D 2020 223: requires landlords of residential and commercial tenants that were “economically harmed by COVID-19” to adhere to the below requirements before taking action to evict a tenant until at least November 15, 2020:

  • landlords must provide tenants with thirty (30) days’ notice of any default for nonpayment that occurred on or after March 10, 2020 before initiating or filing an action for forcible entry and detainer;

  • no landlord, mobile home park owner, or property management entity shall charge a monetary sum, fee, or other penalty against a tenant or mobile-home owner for failure to timely pay any portion of rent, beginning the day this Executive Order is executed; and

  • no individual shall file or initiate actions for forcible entry and detainer (i.e. eviction), including any demand for rent, unless the individual has notified the tenant in writing of the federal protections against eviction provided by the CDC’s Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 and provided the tenant with a copy of the CDC’s order and DOLA’s model notification letter.

• Executive Order D 2020 227: amends and clarifies the limits on eviction activities by landlords imposed by Executive Order D 2020 223 as follows:

  • the order defines “financial hardship due to COVID-19” to refer an individual who meets certain criteria, including earning less than $99,000 in annual income in 2020 (less $198,000 for joint filers), did not report any income in 2019 to the IRS, or received a stimulus check under Section 2201 of the CARES Act;

  • tenants are required to attest to their “financial hardship” under the penalty of perjury;

  • precludes the filing or initiation of forcible entry and detainer actions (i.e. eviction) based solely upon a tenant’s default of a contractual obligation imposed by a rental agreement if the tenant claims a financial hardship due to COVID-19;

  • precludes the filing or initiation of forcible entry and detainer actions against a tenant following the expiration of the term of the agreement, month-to-month tenancies, or the termination of a tenancy at will or sufferance if the tenant demonstrates financial hardship due to COVID-19; and

  • prohibits the use of writs of restitution and related orders or judgments for the removal of tenant property or to recover possession of the leased premises if the tenant demonstrates financial hardship due to COVID-19.

  • The above limitations, however, do not apply to circumstances where a tenant poses an imminent and serious threat to another individual or causes significant damage to landlord’s property, nor do they relieve a tenant of its duty to comply with any contractual obligations imposed on her or him by a lease or rental agreement.

• Executive Order D 2020 224: extends the authorization for executive directors of certain state agencies to promulgate and issue emergency rules extending the expiration date of licenses and other documents described in Executive Order D 2020 015 (as amended) until November 16, 2020.

• Executive Order D 2020 225: extends Executive Order D 2020 045 (as amended) to November 18, 2020, which allows for the resumption of voluntary or elective surgeries under certain conditions.

CDPHE also modified Public Health Order 20-29 concerning the resumption voluntary and elective surgeries and the State’s Safer at Home Dial framework created under Public Health Order 20-35.

Public Health Order 20-29 now requires facilities conducting voluntary or elective surgeries to require face coverings while indoors and maximize the ventilation and filtration of indoor spaces.

CDPHE’s amendments to the Safer at Home Dial focus on the late-night operation of restaurants and bars that serve food and the obligations imposed on post-secondary institutions. The revised order clarifies the obligations of these post-secondary institutions to screen for COVID-19, report cases and outbreaks, and implement quarantine and isolation in off-campus housing with 10 or more students. As for restaurants and qualifying bars, the revised order ties last call for takeout alcohol purchases to the level of the dial the county is in, clarified that counties can set more restrictive requirements for last call, and struck the provision ending take out alcohol sale at 11:00 p.m.

(City and County of Denver): Denver County revised its face-covering order and the State’s Safer at Home Dial framework, previously adopted by the County.

The revised face-covering order (a) provides a more detailed description of what qualifies as a face covering, (b) requires all individuals three years of age or older to wear face coverings indoors, and (c) mandates that all individuals (including three-year old children) must wear a face covering in outdoor public spaces when it is not practicable or possible for individuals to socially distance and maintain a six-foot distance from others. Certain activities, such a youth sports, are exempt from the latter requirement. This order remains in effect until rescinded.

The County’s revisions to the Safer at Home Dial are narrow. The revised order reduces public and private gatherings, including meetings held by non-critical office-based businesses, from 10 to five people. The revised order remains in effect until November 16, 2020.

Connecticut:

On October 20, Governor Lamont signed Executive Order 9H, which specifies that all municipal boards, committees, agencies, councils or local legislative bodies may operate their public meetings remotely, either in full or in part. This means not only that these public meetings may allow public comment through the use of remote participation by the public, but also that no member of any such municipal body may be denied the ability to vote and participate in the meeting remotely, if they request to do so.

Furthermore, the order modifies the state’s eviction moratorium to provide a technical correction specifying that the moratorium and its exceptions apply specifically to residential notices of eviction. It also removes previously included language that specified landlords must cease all action to evict upon receipt of a CDC Declaration by a tenant.

Delaware:

On October 20, Governor Carney and the Department of Health and Services announced the launch of a new Health Care Relief Fund dedicated to providing health care providers support during the COVID-19 crisis. $100 million in funds will be available to health care agencies, nursing homes and assisted-living facilities, hospitals, behavioral health service providers, and more.

Money from the Health Care Relief Fund can be used for “COVID-19 related investments, including technology upgrades, purchases of personal protective equipment (PPE), and environmental modifications in health care facilities.”

(New Castle County): Governor Carney and New Castle County have partnered to expand Delaware’s DE Relief program and the Rapid Workforce Training and Redeployment Initiative. As a result of the expansion, there is a total of $150 million in grant assistance available for Delaware small business. As a reminder, the second round of funding opened on October 1. The application is available here.

Florida:

Mayor Gimenez issued an Executive Order further extending the state of local emergency for an additional 7-day period, beginning on October 22, 2020.

Hawaii:

(Hawaii County): On October 18, with Governor Ige’s concurrence, Mayor Kim issued Amendment No. 2 and Extension to Mayor’s Emergency Rule No. 12, which adopts two options for the negative test exception: (1) a pre-travel negative test exception that follows the State’s transpacific travel testing program; and (2) a negative test-exception which allows interisland travelers to present a negative test result taken during their 14-day self-quarantine period (after arrival on Hawai‘i island) to be released from quarantine. The Amendment further lists an exception for travel outside of the Island for medical purposes. The Order is effective from October 21, 2020 through November 30, 2020.

(Kauai County): On October 16, with Governor Ige’s concurrence, Mayor Kawakami issued Amendment No. 1 to Mayor’s Emergency Rule #19, which establishes the threshold at which the County will revoke the negative test exception for travelers to enter the county. The Amendment further clarifies the face-covering requirements, which apply to all persons five years of age and older, who are in any setting in which they are in close contact with people who do not live in their immediate household, and who are not subject to one of the limited exceptions to the requirement.

Kansas:

Governor Kelly announced $35 million of CARES Act funding is available for rental assistance for those experiencing financial hardship due to COVID-19. Kansans will be eligible to receive up to $5,000 to help them stay in their homes and businesses.

(Wichita): As of October 21, at midnight, the City of Wichita’s mask mandate expired. Wichita will continue to follow the Sedgwick County Emergency Public Health Order requiring residents to continue to wear masks in all public places.

Louisiana:

On October 16, the Louisiana Department of Health (LDH) issued a letter updating the state’s guidance regarding COVID-19 testing requirements at nursing homes in Louisiana. The letter updates the Louisiana Department of Health’s recommendations for serial testing of nursing home residents and staff, including guidelines for testing frequency, as well as authorizing the use of antigen tests and reporting the results of those antigen tests to the LDH. This guidance was issued in furtherance of Governor Edwards’ commitment that the state will quickly implement new federal guidance to expand nursing home visitation.

On October 15, the southwestern Louisiana Department of Public Health added two COVID-19 mobile test sites to aid in Hurricane Delta recovery. The testing will be available in DeRidder and Oakdale from 8:00 a.m. to 4:30 p.m. between October 19, 2020 through October 23, 2020.

Michigan:

Director Gordon of the Michigan Department of Health and Human Services ordered new Requirements for Residential Care Facilities, following up on previous order on October 6, 2020. The new order lays out (1) resident and employee protections, (2) visitation requirements, (3) testing requirements for all residential care facilities. Residential care facilities include nursing homes, homes for the aged, adult foster care facilities, hospice facilities, substance use disorder residential facilities, and assisted living facilities.

Some of the required protections include:

• Limiting communal dining and internal and external group activities, consistent with guidance issued on September 17, 2020;

• Notification in the first 12 hours about the presence of a confirmed COVID-19 positive employee or resident;

• Timely notification for employees of any changes in CDC recommendations;

• Reporting to the Michigan Department of Health and Human Services all presumed positive COVID018 cases in the facility.

Visitation in residential care facilities is generally prohibited unless an exception applies and the facility meets three subsequent criteria laid out in the order. Exceptions include:

• Window visits when a barrier is maintained between the resident and visitor;

• A parent, foster parent, or guardian of a resident who is 21 years of age or under; and

• Visits that occur when a resident is in serious or critical condition or in hospice care, among others.

If an exception is met and the residential care facility meets the required criteria, there are strict protocols specified in the order regarding conducting visitation.

Mississippi:

Executive Order 1527 went into effect on October 21, 2020 and will remain effective until November 11, 2020 unless it is modified, amended, rescinded, or superseded. This Order mandates face coverings in nine Mississippi counties (Chickasaw, Claiborne, DeSoto, Forrest, Itawamba, Jackson, Lamar, Lee, and Neshoba), and orders hospitals to reserve at least 10% of their capacities for treatment of COVID-19 patients.

New Jersey:

Governor Murphy announced $14 million in additional CARES Act funding for workforce development programs. The money is intended to help jobless residents learn new skills that lead to reemployment and replenish business workforces from losses due to COVID-19. The $14 million will be divided into three specific areas to get workers on the job, including: (1) paying workers to perform temporary jobs related to the state’s recovery, (2) covering 50% of the training of a new employee, and (3) expanding the career support services provided through the State.

New Mexico:

In response to a spike in cases over the first part of October, the Department of Public Health tightened restrictions on social and economic activity through an amended Public Health Order. Under the order, food or drink establishments serving alcohol must close at 10:00 p.m. Mass gatherings are once again limited to no more than five individuals, which includes public and private gatherings and organized events, and hotel occupancy restrictions have been reduced from 75% of maximum occupancy to 60%. These restrictions will remain in effect until November 13, 2020.

Governor Grisham also issued Executive Order 2020-072, which eliminates an exemption from the State’s mandatory self-quarantine measures for certain visitors. Previously, individuals from “higher-risk states” or those states with a test positivity rate exceeding 5 percent and a test positivity rate higher than 80 per 100,000 residents could avoid a mandatory 14-day quarantine by testing negative for COVID-19 within 72 hours of their arrival. With the removal of that exemption, all individuals arriving from states meeting the above criteria must quarantine for 14 days.

North Carolina:

On October 21, Governor Roy issued Executive Order 170. This order extends Executive Order 169 (which was issued on September 30, 2020 and implemented Phase 3 of lifting easing COVID-19 related NC) until 5:00 p.m. on November 13, 2020.

The Order also extends the prohibition against price gouging (originally set forth in Executive Order 116) through 5:00 p.m. on November 13, 2020.

North Dakota:

On October 20, Governor Burgum and the North Dakota Department of Health (NDDoH) announced changes to the state’s contact tracing process to more quickly notify individuals who test positive for COVID-19.

To reduce the backlog and shorten notification times:

• The North Dakota National Guard has shifted 50 soldiers from contacting close contacts to notifying positive individuals. By refocusing these resources, the backlog of notifications should be eliminated by October 22.

• Close contacts will no longer be contacted by public health officials; instead, positive individuals will be instructed to self-notify their close contacts and direct them to the NDDoH website, where landing pages will be created with video and written resources explaining the recommended and required actions for both positive patients and close contacts. The exception is contact tracing for health care settings, K-12 schools and university systems which will continue as usual.

• The state is building a process to deliver automated notifications to positive individuals. Currently, the system only delivers automated notifications to individuals with negative test results. Positive patients will still receive a follow-up call from a case investigator after their initial automated notification.

Ohio:

On October 16, the Interim Director of the Ohio State Department of Health issued an Amended Order regarding the operation of senior centers and adult day care centers, changing the order issued on September 21, 2020 that allowed those facilities to reopen subject to certain restrictions and safety measures. The updated order specifies that (1) all staff and participants must wear masks while present in such a facility and eliminates any exemptions for that requirement, (2) that adult day care staff and participants are subject to weekly testing for COVID-19, (3) that senior care center staff are subject to bi-weekly testing for COVID-19, (4) and that all participants and staff will be pre-screened by telephone before each visit to the facility.

On October 20, the Interim Director of the Ohio State Department of Health issued an Amended Order revising the requirements for reporting COVID-19 to local health districts. The revised order requires that physicians, hospital or clinic administrators, those in charge of laboratories testing samples for COVID-19 and “any individual having knowledge of a person suffering from COVID-19” report confirmed or “probable” cases to the local health district where the infected individual resides within 24 hours. It also requires those in charge of laboratories testing for COVID-19 report all tests, regardless of the results, within 24 hours.

In addition, the Office of Governor DeWine announced that $1.3 billion in dividend checks from the Ohio Bureau of Worker’s Compensation will be sent out starting this week to the state’s public and private employers. The state is providing the checks for a second time this year to help businesses impacted by the ongoing pandemic.

Oregon:

On October 20, Secretary of State Clarno released a management letter outlining findings from a real-time Audits Division review of local government reimbursement requests. The letter revealed the Department of Administrative Services (DAS) and local governments can do more to ensure that expenditures under the CARES Act meet federal standards.

Coronavirus Relief Funds must be used for non-budgeted COVID-related expenditures incurred between March 1, 2020, and December 30, 2020. At the direction of the Legislature’s Emergency Board, DAS is paying reimbursements for $200 million in federal Coronavirus Relief Fund money to help Oregon’s cities, counties and special districts respond to COVID-19. Auditors selected a sample of reimbursement requests from 32 jurisdictions totaling $21.7 million, or 47%, of the total amount requested in the first round. The requests primarily covered employee leave and local government payroll related to COVID-19. Auditors evaluated requests for adequacy of documentation and allowability under vague and frequently changing U.S. Treasury guidance. Overall, auditors found three of the 35 reimbursement requests reviewed were at high risk for questioning by municipal or federal auditors. Twelve requests, including the three considered high risk, lacked clear documentation. Other issues identified included risky submission practices for payroll and leave costs, significant mathematical errors, and expenses reported in incorrect federal categories.

The real-time aspect of this review allows DAS and local governments to address outstanding issues before the cutoff date of December 30, 2020, for Coronavirus Relief Fund expenditures. Read the letter on the Secretary of State website here.

Washington:

On October 21, Governor Inslee announced the Washington COVID-19 Immigrant Relief Fund is now open for applications. The relief fund will provide $40 million in federal funds allocated by the state to assist Washington workers who miss work due to COVID-19 but are unable to access federal stimulus programs and other social supports due to their immigration status. While the fund is operational, eligible recipients will receive $1,000, with a limit of $3,000 per household. The state has selected the Legal Foundation of Washington to administer the program. The Legal Foundation of Washington will work with Asian Counseling and Referral Service, Colectiva Legal del Pueblo, Fair Work Center, Nuestra Casa, Raiz of Planned Parenthood, Scholarship Junkies, Washington Census Alliance, and the Washington Immigrant Solidarity Network, among many others, to distribute these benefits.

On October 21, Governor Inslee announced updated guidance for religious and faith based organizations as part of Washington's Safe Start phased reopening plan. The religious and faith-based guidance is updated to:

• Clarify that physical distancing between non-household members must be 6 feet in all directions; and

• Permit brief physical contact among up to five individuals, excluding religious leaders, if the brief contact is a critical component to the organization’s religious service, so long as masks are worn and hands are sanitized immediately before and after the contact.

On October 20, Governor Inslee issued a proclamation establishing safety guidelines for higher education institutions and living facilities. Higher Education Proclamation 20-12-2 builds on health guidance previously issued for institutions of higher education by adding additional safety measures to address significant increases in COVID-19 infections that have occurred particularly in congregate living areas, like Greek houses, and large social gatherings of students.

Examples of changes include:

• Limitations on the number of residents who may share a sleeping area;

• Limitations on the number of people in common areas;

• Requirements for all people in common areas to wear a mask and remain socially distanced.

In addition, institutions of higher education must provide isolation and quarantine facilities to fraternity, sorority or other group houses, students who live in shared housing near campus, students living in dorms, and personnel if they don’t have a place to go.

West Virginia:

On October 21, Governor Justice announced that $25 million of CARES Act relief funds that have been allocated to help qualifying West Virginians pay their utility bills are now ready to be distributed. The funds will go to local public service districts who will then pass along to customers. Customers of electric, natural gas, water, and sewer utility companies who have experienced economic hardship, uncertainty resulting from the COVID-19 pandemic, and have unpaid utility bills between March 1, 2020 to July 31, 2020, may receive assistance to pay those bills. West Virginians who qualify for these relief funds will receive letters including an application from their utility company. Customers must complete and return the application by November 12, 2020 to qualify.

October 20, 2020

District of Columbia:

On October 19, DC Health released an Updated list of High-Risk states pursuant to previously issued Mayor’s Order 2020-81, which requires that anyone coming into Washington, DC from a high-risk state (within the prior 14 days) who was traveling for non-essential activities will be required to self-quarantine for 14 days from their arrival in the District. States that were added to the list include Arizona, Colorado, Connecticut, Massachusetts, Michigan, Ohio, Pennsylvania, and Rhode Island. No states were removed from the list.

On October 20, Mayor Bowser urged DC Residents to Opt-in to DC COVID Alert Notice (DC CAN) to receive exposure notifications. This alert system allows mobile device users to receive an alert when they may have been in close proximity to someone who has tested positive for COVID-19. A close proximity is anyone who was within six feet of an infected person for at least 15 minutes. The Mayor’s announcement outlines data privacy measures being taken to secure information used by the application.

Illinois:

Governor Pritzker and the Illinois Department of Public Health announced that additional Mitigation Measures will be implemented in Region 5 at 12:01 a.m. on Thursday, October 22. Region 5 consists of Marion, Jefferson, Wayne, Edwards, Wabash, Perry, Jackson, Franklin, Williamson, Saline, Hamilton, White, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Massac, and Pulaski counties. Beginning Thursday, the Region will be subject to the following Mitigation Measures:

• Bars
  • No indoor service
  • All outside bar service closes at 11:00 p.m.
  • All bar patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • Reservations required for each party
  • No seating of multiple parties at one table
• Restaurants
  • No indoor dining or bar service
  • All outdoor dining closes at 11:00 p.m.
  • Outside dining tables should be 6 feet apart
  • No standing or congregating indoors or outdoors while waiting for a table or exiting
  • Reservations required for each party
  • No seating of multiple parties at one table
• Meetings, Social Events, Gatherings
  • Limit to lesser of 25 guests or 25 percent of overall room capacity
  • No party buses
  • Gaming and Casinos close at 11:00 p.m., are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable

Region 1, consisting of Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago Counties, remains subject to these additional Mitigation Measures.

Kentucky:

On October 20, the Kentucky Public Service Commission ended its moratorium on disconnections for its regulated utilities. Governor Beshear signed Executive Order No. 2020-881 to ensure there are protections when the moratorium ends and gives additional protections to Kentuckians. The order designates $15 million in federal COVID-19 relief for Kentuckians at risk of disconnection of their natural gas, water, wastewater, or electric service. Additionally, utilities must provide payment plans for residential customers struggling to make their payments and waive all late fees through December 31, 2020. More information about the assistance provided by this executive order can be found at: https://governor.ky.gov/attachments/Utility-Assistance.pdf.

Maryland:

On October 16, Governor Hogan announced the that outdoor sporting venues could open at 10% of total capacity, including M&T Bank Stadium and FedEx Field. The governor’s order limits occupancy to 10% for outdoor entertainment venues that have a total capacity greater than 2,500. The governor’s order requires face coverings at all outdoor sporting and entertainment venues. The health secretary issued a related order, which requires that venues must follow social distancing protocols, and social gatherings at the venue—such as tailgating—are prohibited.

On October 19, Governor Hogan announced a Maryland Farmer COVID-19 Relief Program. The program is a $10 million initiative to support Maryland farmers affected by the pandemic, and will offer direct assistance to contract poultry growers and a bonus payment to any farm operation that received funding through the first round of the federal Coronavirus Food Assistance Program (CFAP). The new initiative will also offer a 15% bonus payment to any Maryland farmer who received federal funding through the first round of CFAP payments. CFAP provides financial assistance to producers of agricultural commodities who have suffered a 5% or greater price decline, or who had losses due to market supply chain disruptions related to the COVID-19 pandemic. The State of Maryland distributed nearly $24 million through the first round of CFAP payments and has distributed more than $16 million in the second round of the program.

On October 20, Governor Hogan announced Maryland’s COVID-19 Vaccination Plan, which was submitted to the Centers for Disease Control last week. The plan focuses on two major phases of vaccine availability and distribution. Phase 1 will focus on priority, high-risk groups to receive vaccination, and Phase 2 will have wide-scale vaccine availability for the general population. Additionally, vaccine supply is expected to rapidly increase once distribution begins, alleviating the need to limit vaccine administration.

New York:

Governor Cuomo announced that two states—Arizona and Maryland—have been added to New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 40 states and territories that are under the travel advisory stated above: Alabama, Alaska, Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, and Wyoming.

Governor Cuomo signed Executive Order No. 202.70 extending the state’s moratorium on COVID-related commercial evictions and foreclosures through January 1, 2021. This order extends protections already in place for commercial tenants and mortgagors.

West Virginia:

On October 19, 2020, Governor Jim Justice announced that the West Virginia National Guard (WVNG) has received FEMA authorization to increase the number of persons on federal activation status to 400 to support the state’s COVID-19 response operations. The federal government will reimburse West Virginia for seventy-five (75) percent of the costs related to the National Guard personnel. There are currently 379 members of the WVNG on duty. As part of the state’s response to the COVID-19 pandemic, to date, the WVNG has distributed over 19 million pieces of PPE, performed over 48,430 COVID-19 tests, disinfected 161 facilities, trained 834 businesses on COVID-19 prevention practices, and produced 220,639 pieces of PPE.

October 19, 2020

Florida:

(Broward County): On October 16, County Administrator, Bertha Henry, issued Emergency Order 20-28, which amends the attachments to Emergency Order 20-21 and Section 2 of Emergency Order 20-24, to allow the on-premise consumption of food and alcohol, sale of alcohol for off-premises consumption, and the consumption of alcohol in public until midnight.

(Palm Beach County): On October 15, Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through October 23, 2020.

Georgia:

On October 15, Governor Kemp issued Executive Order 10.15.20.01, which extends the “Empowering A Healthy Georgia” Order until 11:59 p.m. on October 31, 2020. The extended order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.” Highlights of the Order include:

• All residents and visitors of the state are strongly encouraged to wear face coverings as practicable while outside their homes or place of residence, except when eating, drinking, or exercising outdoors;
• Sheltering in place is still required for residents and visitors who meet the CDC criteria for having higher risk of severe illness, including but not limited to, individuals who live in a long-term care facility, have chronic lung disease, or are immunocompromised;
• Restaurants and dining rooms are required to screen and evaluate workers who exhibit symptoms of COVID-19, hold all meetings and conferences virtually (whenever possible), require workers to wear face coverings while interacting with patrons, use rolled silverware and eliminate table presents;
• Gym and fitness centers must utilize contactless forms of member check-in, provide hand sanitizer stations for patrons, limit use of cardio machines to every other machine or distance machines to maintain acceptable social distancing, and require rooms and equipment used for group fitness classes to be disinfected between classes;
• Movie theaters must 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 enforced;
• Bars must limit the number of total persons inside the bar to 50 persons or 35% of the total listed fire capacity occupancy of the entire bar, whichever is greater;
• Amusement parks must provide online training programs for workers instructing them on how to stay safe and keep patrons safe, require workers to wear face coverings at all times, and establish uniform entrances where patrons are screened;
• Long-term care facilities should adopt an infectious disease transfer communication protocol with local hospitals, prohibit all visitors and non-essential personnel (certain exceptions are permitted), and implement universal and correct use of face masks or face coverings for all employees and require the use of additional PPE by workers as needed; and
• Schools are not required to adhere to the ban on gatherings, but must screen and evaluate workers and students who exhibit symptoms of COVID-19, ensure ventilation systems operate properly and increase circulation of air within facilities as practicable, and discourage students from using other students’ phones, desks, offices, or other work tools and equipment.

Indiana:

Governor Holcomb signed Executive Order 20-46 which orders that, as of October 18, 2020, at 12:01 a.m., all individuals, businesses, entities and counties in the State of Indiana will remain in Stage 5 of the Back on Track Indiana Plan through November 14, 2020 at 11:59 p.m., unless the order is further extended, modified, or rescinded. All directives in Executive Order 20-43 are also continued and extended through November 14, 2020.

Iowa:

On October 16, Governor Reynolds signed a Proclamation of Disaster Emergency, continuing the public health disaster emergency for 30 days, through November 15, 2020 at 11:59 p.m. The proclamation extends measures implemented under previously issued proclamations, including: (i) all public health mitigation measures currently in place for businesses and other establishments, (ii) the suspension of weight limits for transportation of agricultural supplies and commodities on state highways for the fall harvest, and (iii) regulatory relief measures, including those related to healthcare, professional licensure, educational workforce, and expiration of driver’s licenses.

On October 19, Governor Reynolds announced 72 nonprofits and small business and post-secondary institutions and healthcare employers were awarded Coronavirus Relief Fund Registered Apprenticeship Expansion grants, totaling $ 6,626,852 in funding. Additionally, Governor Reynolds announced the new Coronavirus Relief Earn and Learn Grant, established to fund projects that support the creation and expansion of short-term training programs and support services resulting in industry-recognized credentials. Awards will range from $10,000 to $250,000 and funds may be used towards tuition, books, equipment, training instruction materials, tools, work-related supplies, and wrap-around supports, and no more than 10% of the award can be utilized for administrative costs, including office supplies, marketing and outreach, personnel salary and benefit costs, and travel expenses.

To be eligible, applicants must:

1. Be a non-profit organization, a business with less than 50 employees, or an adult-training provider, including but not limited to post-secondary education institutions and unions;
2. Be in good standing with the State of Iowa; and
3. Reside in or have a primary place of business in Iowa or hire and employ Iowans within the state;

Priority will be given to applicants that create or expand “earn and learn” training programs that allow participants to earn wages as they work toward credentials, programs that result in an industry-recognized credential related to high-demand jobs, and applicants that recruit and enroll Iowans whose jobs have been affected by or eliminated because of the coronavirus pandemic. Organizations that have already received Coronavirus Relief Employer Innovation Funding or Coronavirus Relief Registered Apprenticeship Expansion Grant are not eligible to apply for the Coronavirus Relief Fund Earn and Learn Grant.

Applications will be accepted from October 19, 2020 through October 26, 2020 at 11:59 p.m., and awards must be expended by December 31, 2020. Applications can be found here.

Mississippi:

Governor Reeves announced a new Executive Order on October 19, 2020. Executive Order 1527 will be effective beginning October 21, 2020 through November 11, 2020.

• The Order amends Executive Order 1525 to require hospitals to reserve at least 10% of their capacity for treatment of COVID-19 patients.
• The Order also re-implements a face mask requirement for Chickasaw, Claiborne, DeSoto, Forrest, Itawamba, Jackson, Lamar, Lee, and Neshoba Counties.
• Finally, the Order limits group gatherings where social distancing is not possible to 10 people maximum if inside and 50 people maximum if outside.

Missouri:

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-13 and Boone County issued Order No. 2020-13C on October 9, 2020, which extends phase two, step three, of its reopening plans until November 3, 2020, at 11:59 p.m., under Order No. 2020-11 and Order No. 2020-11C. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Childcare services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

Nevada:

On October 15, Nevada Health Response issued a revised version of the Nevada Guidance for Safe Gatherings to allow vocal performers to temporarily remove their face coverings during performances in businesses, public spaces, and theaters when a face covering cannot be worn due to the nature of the performance, as long as social distancing is always maintained. The revised guidance also expands the definition of vocal performers to include all performers who rely on the ability to communicate verbally with their audience and the ability of their audience to interpret such verbal communication, including but not limited to singers, comedians, and magicians.

New York:

On October 18, Governor Cuomo announced that New York ski resorts would be allowed to reopen with 50% indoor capacity beginning on November 6, 2020. Restrictions will still be in place for anyone visiting a ski resort, including: masks required when not eating, drinking, or skiing, limited lifts to members of the same party, required thorough cleaning and disinfection, etc.

Governor Cuomo announced most movie theatres outside of New York City can reopen starting on October 23, 2020. The theatres will be limited to 50% capacity and no more than 50 people per screen. In order to reopen, the theatre must be in a county where the COVID-19 positivity rates are less than 2% on a 14-day average and the county does not have any cluster zones.

Rhode Island:

Governor Raimondo issued Executive Order 20-83 on October 1, 2020 that extended Executive Order 20-61 (Fifty-Sixth Supplemental Emergency Declaration – Early Closure of Bars) until November 6, 2020.

Governor Raimondo issued Executive Order 20-84 on October 9, 2020 that extended the following executive orders until November 9, 2020:

1. Executive Order 20-44 (Fortieth Supplemental Emergency Declaration - Uniform Statewide School Calendar).
2. Executive Order 20-46 (Forty-Second Supplemental Emergency Declaration - Public Meetings and Public Records Requests).
3. Executive Order 20-62 (Fifty-Seventh Supplemental Emergency Declaration - School Bus Driver Recertification).

Governor Raimondo issued Executive Order 20-86 on October 19, 2020 that, effective on October 20, 2020, extends Executive Order 20-37 (Thirty-Fourth Supplemental Emergency Declaration – Increasing State COVID-19 Response Capacity) until November 19, 2020.

South Carolina:

Governor McMaster issued Executive Order No. 2020-65 on October 9, 2020. Effective immediately until October 24, this Executive Order continues the State of Emergency for 15 days and declares that Executive Order 2020-63 (Amending & Consolidating Emergency Measures) is extended for the duration of the State of Emergency. First responders and 911 operators are still allowed to ask individuals requesting assistance whether they have been exposed to COVID-19. All transportation waivers for commercial vehicles and operators of commercial vehicles are still in effect.

Wisconsin:

(Milwaukee): On October 19, Milwaukee County issued Version 3 of the Universal Face Mask Policy and Procedures Administrative Order 20-14v3 (the “Order”), which went into effect at 12:01 a.m. The Order revises the County’s face mask guidelines to align with updated guidance from the Centers for Disease Control and Prevention (the “CDC”). The Order outlines expectations for Milwaukee County employees, contractors, vendors, volunteers, service users, visitors, and the general public entering or working in Milwaukee County facilities, or grounds. The revised Order updates Version 2 in specifying the following as “allowable” face masks:

• Cloth face masks with two or more layers of breathable, washable fabric; or
• Disposable face masks, such as non-medical grade paper or procedure masks.
• FDA-approved face masks for sign language (ASL or LEP) interpreters (described in this section below).

On the other hand, the Order outlined specific face masks that are not recommended by the CDC and not allowed on County grounds. Such masks include:

• Neck scarves or bandanas
• Neck gaiters or buffs
• Winter scarfs
• Face shields
• Masks with exhalation valves or vents
• Masks with inappropriate writing or images.

However, the Order notes that face masks present difficulties to those who communicate through American Sign Language and provide for exceptions for ASL interpreters. Additional exceptions to the face covering requirement are provided in the order as well.

October 15, 2020

Alabama:

On September 30, Gov. Kay Ivey signed an order that extended the state’s “Safer at Home” policies. This extends the statewide mask mandate and existing COVID-19 health order until 5 p.m. November 8, 2020. In addition, to ensure the safe administration of upcoming elections, Governor Ivey’s order allows training of election workers to be done remotely, additional compensation for poll workers, and counting of absentee ballots starting 7 a.m. on Election Day. It also issued clarifying language regarding certain terms regarding her May 8, 2020 “Safer At Home” proclamation.

(Birmingham): On October 1, 2020, Mayor Randall Woodin amended his Executive Order 87-20 in order to add court employees to the list of those ineligible for benefits under the city’s emergency paid sick and expanded FMLA leave policy. Under the original order, employees of business must self-certify that they do not exhibit any COVID-19 symptoms, including but not limited to: fever, cough, shortness of breath, muscle pain, chills, or new loss of taste or smell. If the employee begins to show symptoms at work, he/she must report this to his/her supervisor. Supervisors must report this and all potential exposures to the department director. Employees must also follow the City’s Face Covering Protocol adopted in May, which has not been updated by the order.

(Tuscaloosa): On September 17, the City of Tuscaloosa imposed an executive order banning walk-up sale of alcohol at bars (only seated customers may order) and maintaining a 50 percent capacity at all bars. Clubs and Entertainment facilities may only maintain 25 percent capacity. The order was amended on Sept 24, 2020 to extend until October 8.

On September 29, the City of Tuscaloosa rescinded executive orders regarding bar and restaurant operations after the Alcohol Beverage Control Board passed emergency rules mandating that bars maintain six-feet between patrons and only operate at 50 percent capacity.

District of Columbia:

On October 14, Mayor Bowser delivered a coronavirus situational report which highlighted that Washington, DC has the second lowest uninsured rate in the nation. The report also announced that health insurance open enrollment is from November 1, 2020 – January 31, 2021, and that anyone who needs insurance can enroll and coverage can start immediately as long as COVID-19 is selected as a qualifying event. All plans cover diagnosis, testing and treatment for COVID-19 at no cost to the patient.

Florida:

(Miami-Dade County): Mayor Gimenez issued Amendment No. 1 to Emergency Order 30-20, which eliminates the requirement that businesses consent to inspections and submit compliance plans after violating the Order. Mayor Gimenez further extended the Declaration of State of Local Emergency for an additional 7 days, commencing on October 15, 2020.

Hawaii:

(Kauai County): With Governor Ige’s concurrence, Mayor Kawakami issued Mayor’s Emergency Rule #20, which adopts a negative test exception for the County. In addition to the pre-travel testing program requirements, the Rule provides that (1) interisland travelers cannot use a test administered in the County, to ensure travelers do not take a test prior to exposure to COVID-19 during their trip; and (2) require travelers to take one test per trip. Multiple trips may not be taken to and from the County if results for only one test have been submitted.

On October 12, with Governor Ige’s concurrence, Mayor Kawakami issued Mayor’s Emergency Rule #19, which implements Business and Recreational Guidelines based on four tiers dependent on the level of COVID-19 transmission within the County. Specific rules govern indoor and outdoor social gatherings, businesses, operations, and activities based on the applicable tier. All persons five years of age and older are required to wear a face covering whether indoors or outdoors, in any setting in which they are in within 6 feet of people who don’t live in their immediate household. Limited exceptions exist for those who can prove they fall under an excepted category of persons, by a preponderance of the evidence. The Rule further provides that if the 7-day average of reported daily COVID-19 cases reaches 5 or more for one week, the County shall submit a rule which revokes the negative test exception established by Governor Ige’s Proclamation.

(Honolulu City and County): With Governor Ige’s approval, Mayor Caldwell issued Emergency Order No. 2020-28, which imposes a 50% occupancy limit on vehicles or planes used by tours and skydiving operators. Attached to the order as an exhibit is an Amended “Honolulu’s COVID-19 Reopening Framework.”

(Hawaii County): With Governor Ige’s concurrence, Mayor Kim issued an Amendment to Mayor’s Emergency Rule No. 12, which implements testing requirements for transpacific and interisland travelers, subject to the State’s negative test exception. The Amendment is effective from October 15, 2020 to October 31, 2020.

(Maui County): Mayor Victorino issued Amended Public Health Emergency Rules, which add to the list of persons excepted from the self-quarantine requirement, persons who are not subject to any quarantine and who travel outside the County solely for medical purposes, provided the travel is same day or overnight only.

Iowa:

On October 15, the Iowa Economic Development Authority (IEDA) awarded $925,000 in Main Street Iowa Challenge Grants to 14 Iowa communities, ranging from $17,800 to $75,000 per grant. Grant recipients must match the amount received at least dollar-for-dollar. The grants are administered through IEDA’s Iowa Downtown Resource Center and Main Street Iowa programs and will benefit local improvement projects, including total building rehabilitations, upper story housing renovations and façade restorations.

New Jersey:

Governor Murphy signed Executive Order No. 189 on October 15, which extends the 2019 Corporate Business Tax calendar year returns deadline to November 16, 2020. The previous extension for the Corporate Business Tax returns expired on October 15.

Governor Murphy also announced an extension of the moratorium preventing New Jersey residents from having their utilities disconnected through at least March 15, 2021. The utility companies are not allowed to collect any late fees from residential customers. This moratorium applies to all residential gas, electric, and water utilities and requires all residential services that were disconnected after March 16, 2020 to be reconnected. Additionally, the Governor announced $15 million to assisting low income households in paying off utility bills.

Executive Order No. 190 also extended the Internet disconnection moratorium to November 15, 2020. This order prohibits cable and telecommunications providers from disconnecting Internet services in households that have one or more school-age children using the Internet for educational purposes. Additionally, late fees on residential utility and Internet customers are prohibited.

New York:

Governor Cuomo signed Executive Order No. 202.69 re-imposing the state requirement for annual safety inspections and at least biennial emissions inspections for vehicles, as of November 3, 2020.

(New York City): Mayor Bill de Blasio, of New York City, announced winter outdoor dining guidance in Executive Order No. 153. This order provides the guidance for city restaurants who plan to stay open and serve customers with outdoor heating devices this fall and winter. Restaurants wanting to provide heating for their customers have three options: (1) electric radiant heaters allowed in sidewalk and roadway setups; (2) natural gas radiant heaters allowed for sidewalk setups only, and (3) portable heaters fueled by propane will also be allowed on sidewalks. Business owners should consult http://www.nyc.gov/CovidZone for more information.

North Carolina:

On October 15, Governor Roy Cooper announced that applications are now being accepted for the N.C. Housing Opportunities and Prevention of Evictions (HOPE) Program, which will assist eligible low- and- moderate-income renters experiencing financial hardship due to COVID-19. The new program seeks to promote housing stability during the ongoing pandemic by providing rent and utility assistance to prevent evictions and utility disconnections.

The HOPE Program will provide $117 million for rent and utility assistance for renters who have been affected by the coronavirus pandemic, have a current household income that is 80% of the area median income or lower, and are behind on their rent or utilities when they apply.

Renters who need rent or utility assistance can apply online at nc211.org/hope. Applicants who cannot access the online application can also call 2-1-1 and speak with a program representative, who will assist the caller through the application on the phone. Callers can reach 2-1-1 Monday-Friday between 7:00 a.m. and 6:00 p.m.

Renters can apply for utility assistance, rent assistance or both programs. Rent assistance is paid to the landlord on behalf of the applicant. This includes overdue and future rent payments, for up to six months. At least one month’s rent must be overdue at the time of application.

Utility payments will be made directly to the utility provider for up to six months of past due essential utilities, such as electricity, water, sewer/wastewater, natural gas and propane. For more information about the HOPE Program, visit nc211.org/hope.

North Dakota:

On October 14, Governor Burgum announced updates to the ND Smart Restart guidelines to help reverse the trend of rising COVID-19 cases and reduce the spread of coronavirus in communities. Effective 5:00 p.m. Friday, October 16, the updated ND Smart Restart guidelines are as follows for counties under these risk designations:

• Critical (red): Non-essential businesses closed;
• High (orange): 25% occupancy with a cap of 50 people (changed from non-essential businesses closed); encourage businesses to require face coverings;
• Moderate (yellow): 50% occupancy with a cap of 100 people (down from 250), encourage businesses to require face coverings;
• Low (green): 75% occupancy with a cap of 200 people (down from 500); and
• New Normal (blue): operate as usual.

The updated ND risk-level map is available here. Other important notes related to Governor Burgum’s announcement include the following details:

• 16 counties are being moved into the high-risk (orange) level, which now recommends reduced occupancy rather than business closures.
• Nine counties are moving from low risk to moderate risk, and two are moving from the new normal to low risk.
• The changes to county risk levels are specific to large gatherings and businesses, not the instructional model within K-12 schools.
• Larger indoor and outdoor gatherings are permitted if approved by community leaders and the local health authority; however:
  • community leaders may require event planners to submit a logistics and emergency operations plan to their local health authority no later than 30 days prior to the event; and
  • the ND Smart Restart recommendations are intended to supplement and not replace local requirements.

Ohio:

On October 15, Governor Mike DeWine held a press conference to address the recent surge in COVID-19 cases in Ohio. Ohio set a new record high for coronavirus cases October 15, marking the second day in a row the state hit a new high and the third time in less than a week. A record 29 counties are now under a red Level 3 COVID-19 public health advisory. More than 65% of Ohioans now live in a red county, Governor DeWine said. Franklin County, which had been at an orange Level 2 alert, was elevated Thursday to a red Level 3. Union, Licking, Madison, Marion and Fayette are also now under a red Level 3 advisory while Delaware, Pickaway and Fairfield counties are under an orange Level 2 advisory.

Governor DeWine said that he has no plans to shut down Ohio's economy again to slow the spread of coronavirus. But DeWine said no governor could rule out such a move if things worsen.

Next week, the Governor said his administration hopes to announce some sort of financial support to help bars and restaurants that have been impacted by the state's 10:00 p.m. curfew on alcohol sales for in-person consumption. Governor DeWine's announcement came after the Ohio Senate introduced a bill that would seek to scale back curfews. Governor DeWine said he had hoped to ask the state Liquor Control Commission to lift the last-call curfew but said recent increases in cases makes that unlikely.

Also on Thursday, Ohio State University announced that it will begin operating its own laboratory to process COVID-19 tests taken by asymptomatic students, faculty and staff. The lab will launch operations this fall. Ohio State will be able to lower the cost per test by around 85%, allowing the university to potentially save millions of dollars, according to campus officials. Turnaround time on tests may also be shortened from 48 to 72 hours to get results to as little as 24 hours, according to the university.

Furthermore, the state of Ohio has issued a travel advisory for certain states, including the neighboring state of Indiana. Under the advisory, those entering Ohio after travel to states reporting positive testing rates of 15% or higher for COVID-19 are advised to self-quarantine for 14 days. The list of states will be updated every week on Wednesday. Based on a 7-day rolling average of positivity rates of October 14, the current affected states are:

• SD: 23.6%
• ID: 23.5%
• WI: 21.1%
• IA: 18.8%
• WY: 16.7%
• KS: 16.6%
• NV: 15.7%
• IN: 15.6%
• Note: The state of Mississippi is shaded gray this week on the Travel Advisory Map. Mississippi is showing reporting irregularities with the data for total tests reported in the past week. As such, the positivity rate cannot be calculated for Mississippi for this week.

Those who live in Indiana but may work in Ohio, or vice versa, are exempt. “This does not apply to persons who as a part of their normal life live in one state and work or deliver services in another state,” the order says.

Oregon:

On October 9, the Oregon Department of Consumer and Business Services reminded the Oregon workforce that it is still taking applications for a new program that helps people who work in Oregon and need to quarantine or isolate due to COVID-19 exposure, but do not have access to COVID-19-related paid sick leave. People who qualify will receive a $120 per-day payment for up to 10 working days ($1,200 total) for the time they need to quarantine. You must meet all of the following requirements to be eligible for the program:

• Work in Oregon and required to file an Oregon personal income tax return.
• Directed to quarantine by a local or tribal public health authority or health care provider because of exposure to someone infected, or isolating because you have COVID-19-related symptoms and are seeking a medical diagnosis.
• Not able to work (including telework) because you need to quarantine or isolate.
• Do not expect to earn more than $60,000 individually or $120,000 jointly in 2020.
• Your employer does not provide COVID-19-related paid sick leave or you have exhausted your available COVID-19-related paid sick leave.
• Are not applying for or receiving unemployment insurance benefits for the time off due to quarantine or isolation.
• Are not applying for or receiving workers’ compensation claim benefits due to quarantine or isolation.
• Are not seeking or using benefits from similar COVID-19 quarantine relief programs in Oregon or another state.
• Are not applying for or receiving other forms of paid leave from your employer during your quarantine or isolation, such as banked sick leave or vacation leave.
• Are not laid off or furloughed by your employer.
• Must have notified your employer that you need to quarantine or isolate.

Because the available funds are limited, the program is available only to quarantine periods that were in place on or after September 16. Applicants can claim only one quarantine period. Employees can apply online for the COVID-19 Temporary Paid Leave Program at www.oregon.gov/covidpaidleave. The application form is available in English, Spanish, and Russian. Those who do not have access to electronic applications can call 833-685-0850 (toll-free) or 503-947-0130. Those who need help in a language other than these three can call 503-947-0131 for help.

On October 9, Governor Brown announced that Umatilla County has been added to the County Watch List. This addition comes after Umatilla County was removed from the Watch List on September 18. The county remains in Phase 2 of reopening. The complete County Watch List now includes the following four counties: Benton, Clatsop, Malheur, and Umatilla.

Washington:

On October 13, Governor Inslee introduced a new state effort to help communities recover from the social and economic damage wrought by the COVID-19 pandemic. The Washington Recovery Group has been created to help strengthen the state’s recovery efforts. The new group will help state agencies coordinate with local governments, higher education and the private sector. State agency experts will work with local stakeholders and tribal partners to implement recovery solutions and pathways. Those ideas and policy solutions will be presented to cabinet agencies and the Office of Financial Management. The areas of focus include:

• Community and social services;
• Education and childcare;
• Employment and jobs;
• Equity and social justice;
• Health and healthcare;
• Housing;
• Infrastructure and energy; and
• Support for small business.

The Washington Recovery Group will be housed at the Office of Financial Management, which will partner with the Emergency Management Division of the state’s Military Department. The WRG, led by Dan McConnon, is scheduled to hold its first meeting later this month.

On October 14, Governor Inslee announced extensions of the eviction moratorium and public utility proclamations. Both proclamations were extended to December 31.

Moratorium on Evictions (20-19.4) (See full Proclamation here)

This extension makes modifications to the prior moratorium, including:

• Clarifying that tenant behavior which is imminently hazardous to the physical safety of other persons on the premises is included among the existing permissible reasons for seeking to evict a tenant.
• Authorizing landlords and property owners to send advance notices of future rent increases in limited circumstances, as long as the notice clearly provides that the rent increase will not go into effect until after the moratorium expires.
• Establishing clearer guidance on permissible communications between landlords and tenants.
• Requiring that any 60-day notice to vacate if an owner intends to occupy or sell the premises must be in the form of an affidavit signed under penalty of perjury.
• The moratorium also directs the governor’s staff to continue working with stakeholders over the next 30 days to consider additional amendments to the moratorium to ensure that the moratorium’s protections for non-payment of rent apply narrowly to those persons whose ability to pay has been directly or indirectly materially impacted by the COVID-19 virus.

Ratepayer Assistance (20-23.11) (See full Proclamation here)

This proclamation prohibits energy, water and landline telephone companies from:

• Disconnecting any residential customers from energy, landline telephone or water service due to nonpayment on an active account, except at the request of the customer.
• Refusing to reconnect any residential customer who has been disconnected due to nonpayment.
• Charging fees for late payment or reconnection of energy, landline telephone or water service.
• Disconnecting service to any residential customer who has contacted the utility to request assistance from the utility’s COVID-19 Customer Support Program.
• This proclamation does not relieve customers from the obligation to pay for utility services. Customers and utilities are expected to continue to communicate in good faith with one another, and to work together, on the timing and terms of payment and repayment solutions.

October 14, 2020

Hawaii:

Governor Ige issued a Fourteenth Supplementary Proclamation which clarifies that persons under the age of five who are accompanied by a traveler who meets the previously established negative test exception (which becomes effective on October 15, 2020), do not need to obtain a test prior to arrival. Counties may require all travelers five years and older to obtain a subsequent test after arriving in the State, provided the county pays for and administers the test at a county-designated site. The Proclamation also implements rules authorizing applications for duplicate and renewal of state civil identification cards to be completed remotely. The disaster emergency relief period is further extended through November 30, 2020.

Illinois:

(Chicago): The Chicago Department of Public Health’s updated Emergency Travel Order will now include Indiana, North Carolina, Rhode Island and New Mexico effective Friday, October 16 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Nevada:

The Nevada Governor’s Office of Economic Development will begin accepting applications for the Pandemic Emergency Technical Supports (PETS) grant on October 19, 2020 at 8:00 a.m. The PETS grant program makes $20 million in Corona-virus Relief Funds available to provide operational support to small businesses, non-profits organizations, arts and culture organizations, and local Chambers of Commerce impacted by the COVID-19 pandemic. Eligible businesses and non-profits may be awarded up to $10,000 and Chambers of Commerce and Arts and Culture organizations may be awarded up to $20,000. Award funds may be used to cover expenses related to working capital (rent, inventory, payroll, utilities, etc.), personal protective equipment, supplies for cleaning and sanitation, and expenses related to retrofitting the business in order to comply with social distancing and other health guidelines in connection with COVID-19.

To be eligible for the grant, the business must:

1. Have experienced and can demonstrate financial hardship due to COVID-19;

2. Have a physical location in Nevada (include home-based businesses); and

3. Have an active business license prior to March 1, 2020 and be in good standing with the State (no liens or judgments, etc.).

If the business is a for-profit business, the following two additional eligibility requirements apply:

1. The business may not have more than 50 employees; and

2. The business’s annual gross revenue must be less than $4 million.

Applications will be accepted beginning October 19, 2020 at 8:00 a.m. through November 2, 2020 at 5:00 p.m. Eligible residents may apply for the PETS grant here.

Ohio:

On October 13, Governor DeWine announced the creation of a new Lab Capacity Dashboard to help pharmacists, nursing homes, colleges and universities, employers, and others administering COVID-19 tests find a lab to run their samples. This new resource will help connect groups that are testing with available labs in order to ease turnaround times and inform Ohioans of their COVID-19 status.

The new dashboard provides self-reported information about labs that can run tests, including hours of operation, types of tests they accept, estimated turn-around time, and locations. Labs with available capacity can sign up on the website to be included in this dashboard.

Governor DeWine also discussed plans for Abbott BinaxNOW COVID-19 antigen screening tests that the federal government is providing to Ohio.

This week, Ohio is deploying thousands of these screening tests to colleges and universities to help them implement proactive screening plans. Next week, Ohio will begin sending tens of thousands of screening tests to nursing homes for both routine and outbreak testing requirements.

Governor DeWine emphasized that lab-based PCR tests are still considered the “gold standard” test that provides the most accurate results, and antigen tests can have false positives and false negatives.

Next, Governor DeWine passed House Bill 669 to expand the definition of “premises” and “sales” for liquor permits, which codifies the two relief measures for bars and restaurants that were instituted in response to the pandemic.

Texas:

Pursuant to Governor Abbott’s Executive Order GA-32 allowing Texas counties to opt-in to reopen bars and similar establishments at up to 50% capacity, the Texas Alcoholic Beverage Commission has an interactive map showing the Texas counties that have been approved to allow bars to reopen under the order.

On October 14, Governor Abbott, the Texas Education Agency, and the Texas Division of Emergency Management announced the creation of a COVID-19 Rapid Testing Pilot Program for Texas school systems. This program will help schools conduct rapid tests of district employees and students — with the written permission of their parents — to mitigate the spread of COVID-19 on campuses. Schools enrolled in the program will also receive personal protective equipment to safely administer the rapid tests, which produce reliable results within 15 minutes. The launch of the pilot program will include eight participating school systems with plans to significantly ramp up the program across the state. Texas public and private schools interested in applying for the testing program will be able to apply through the Texas Education Agency no later than Wednesday, October 28.

West Virginia:

Executive Order 75-20, which permits all bars in Monongalia County to reopen, as long as the establishments follow all appropriate guidelines provided by state health experts, took effect October 13, 2020. Any bar attempting to reopen in Monongalia County must implement all additional safety measures described in the general as well as supplemental guidance documents for safely reopening bars and restaurants. The West Virginia Alcohol and Beverage Control Administration will work with state and local police to enforce these guidelines in the county. Failure to follow the recommended guidelines will result in suspension of the bar’s license to operate or its liquor license, as well as other appropriate enforcement measures.

October 13, 2020

Arkansas:

Governor Hutchinson signed Executive Order 20-48 on October 13, 2020, which will remain effective for 60 days. The Order renews the disaster and public health emergency that the Governor declared in Executive Order 20-03 and renewed in Executive Orders 20-37 and 20-45, and incorporates the following Executive Orders:

• Executive Order 20-05, regarding telehealth;
• Executive Order 20-06, regarding suspension of rules and statutes by state agencies;
• Executive Order 20-14, regarding suspension of in-person witnessing and notarization of legal documents;
• Executive Order 20-15, regarding suspension of prohibitions for banks and corporations to hold shareholder meetings remotely or by partial remote communication;
• Executive Order 20-18 and 20-34, regarding access to healthcare resources;
• Executive Order 20-22 and 20-35, regarding Workers’ Compensation protections;
• Executive Order 20-33, regarding the protection of businesses from liability related to COVID-19;
• Executive Order 20-43, regarding the face covering directive; and
• Executive Order 20-44, regarding state and federal elections.

Kansas:

On October 13, Governor Laura Kelly and Secretary Laura Howard announced that the Kansas Department for Aging and Disability Services (KDADS) has partnered with a supply company to launch an online order portal available to adult care homes across the state to procure personal protective equipment (PPE) and infection control supplies during the COVID-19 public health emergency.

KDADS received $10 million on October 1 from the Strengthening People and Revitalizing Kansas (SPARK) Committee and approved by the State Finance Council to help provide PPE and infection control supplies to adult care homes that are not federally regulated for participation in the Centers for Medicare and Medicaid Services (CMS) Title 18 or Title 19 program. Adult care homes in Kansas that qualify for this earmarked SPARK funding include:

• Adult Day Care (ADC)
• Assisted Living (ALF)
• Boarding Care Home (BCH)
• Home Plus (HP)
• Intermediate Care Facility / Intellectually and Developmentally Disabled (ICF/IDD)
• Residential Health Care Facilities
• Nursing Facilities who do not participate in the Centers for Medicare and Medicaid Title 18 or Title 19 program

KDADS entered an agreement with SOURCE 309 Powered by American Solutions for Business, to connect adult care homes with suppliers of PPE through a dedicated KDADS portal focused on critical supplies and rapid fulfillment of orders to adult care homes. SOURCE 309 assembled a list of selected PPE supplies that meet the Centers for Disease Control and Prevention (CDC) safety recommendations. The products available can be found at https://online.fliphtml5.com/hldlw/axug/.

KDADS has assigned a budget of approximately $575 per qualified bed per facility to each adult care home with qualifying beds. Facilities can use the budget to purchase PPE supplies through the portal and do not need to provide any additional funds. KDADS will review incoming orders and may make changes to orders to fit within a facility’s budget and to ensure SPARK funds are allocated to purchase PPE.

SOURCE 309 will combine group incoming orders to drive down prices and make individual orders cost-effective for members of this program. The target is to ship individual PPE orders 7 to 20 business days after an order has been submitted. Due to demand and market volatility, some items in an order may arrive faster than others and, if market conditions change, some hard-to-get items like nitrile gloves and N95 masks could see extended delivery dates. PPE supplies in the portal may also change based on availability.

If a facility has an emergency need for supplies, they should continue to reach out to their local emergency management officials.

KDADS’ expectation is that adult care homes will also be able to use the State of Kansas master contract (state use contract) to purchase PPE and other COVID-19 related supplies using their own resources. Approved vendors can be found at https://admin.ks.gov/offices/procurement-and-contracts/additional-files-for-procurement-contracts/personalprotectiveequipmentrelatedsuppliescontracts.

Louisiana:

On October 13, Governor John Bel Edwards announced that COVID-19 testing sites are re-opening this week in areas impacted by Hurricane Delta. Testing in the Acadiana region will resume Tuesday, October 13.

Michigan:

The Michigan Supreme Court on Monday October 12, 2020 denied Governor Gretchen Whitmer’s request to delay the effect of the court’s previous ruling that Governor Whitmer’s executive orders on the coronavirus pandemic are unconstitutional. Ten days ago, the court ruled the Governor had no authority to issue or renew executive orders relating to Covid-19 beyond April 30.

Governor Whitmer filed a motion last Monday, saying more time was needed to "allow for an orderly transition during which some responsive measures can be placed under alternative executive authority and the Governor and Legislature can work to address many other pandemic-related matters that currently fall under executive orders." The court wrote that “our decision today . . . leaves open many avenues for our Governor and Legislature to work together in a cooperative spirit and constitutional manner to respond to the COVID-19 pandemic.”

In response, the Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon issued an Emergency Order requiring face coverings in public spaces and places limitations on bars and other venues. The order was not invalidated by the Michigan Supreme Court’s decision and remains in place until October 30, 2020.

Montana:

(Yellowstone County): On October 12, John Felton, the Yellowstone County Health Officer, officially released their new health order. The order is effective as of 8 a.m. on October 14 and will last until November 9, 2020. All physical gatherings are limited to no more than 25 people, regardless of the ability to socially distance or the location. Houses of worship may exceed this limitation and have 50% of the facility’s capacity. Additionally, food service establishments that serve a population that depend upon it as one of its sole sources of food are exempted, including: (1) university dining halls; (2) hospital and care facilities; (3) room service in hotels; (4) cafeterias in K-12 schools; crisis shelters and similar institutions; (5) airport concessionaries; and (6) facilities necessary for emergency response.

The order also mandates that all restaurants, bars, and casinos must close by 12:30 a.m., unless providing drive-in or delivery.

Local school districts and school boards have the decision-making authority for school-related activities, both academic and extracurricular.

New Jersey:

Governor Murphy updated his quarantine advisory for individuals traveling to New Jersey from states or territories with significant community spread of COVID-19. This quarantine advisory requires individuals to quarantine for a 14-day period from the time of last contact within the identified state or territory. The updated advisory includes three additional states: Ohio, Michigan, and Virginia. The travel advisory applies to any person arriving from a state or territory with a positive test rate higher than 10 per 100,000 residents or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 38 states and territories that meet the criteria stated above: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, and Wyoming.

Additionally, Governor Murphy and other state leaders announced $100 million in additional CARES Act funding to support New Jersey businesses affected by COVID-19. Most of the additional relief, $80 million, will go to help businesses, including restaurants, microbusinesses, and other small businesses. This phase of the program will expand eligibility to businesses with 50 or fewer full-time employees and increase the amount of funding businesses can receive. Funding is also available for small business to receive discounts on purchases Personal Protective Equipment (PPE).

Finally, On October 12, 2020, Governor Murphy signed Executive Order No. 187 allowing organized contact sports to resume holding practices and competitions in indoor settings. This order includes the following sports: hockey, basketball, cheerleading, group dance, rugby, boxing, judo, karate, taekwondo, and wrestling. The practices and competitions are limited to 25% capacity of the room, and there cannot be more than 150 people present.

New York:

Governor Cuomo announced that three states—Ohio, Michigan, and Virginia—have been added to New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

There are currently 38 states and territories that meet the criteria stated above: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Georgia, Guam, Iowa, Idaho, Indiana, Illinois, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, and Wyoming.

(New York City): New York City Mayor, Bill de Blasio, signed Executive Order 152 extending the declaration of a state of emergency in the City of New York due to the COVID-19 pandemic.

West Virginia:

On October 12, 2020, Governor Justice announced that the state’s COVID-19 transmission rate had dropped to .92 as of the morning of October 12, 2020. Governor Justice also updated safety guidelines for hosting live performances. All outdoor live music performances are permitted to presume, so long as the number of attendees is limited to 25% of the venue’s full capacity or 250 individuals, whichever is less. The updated guidelines also clarify that restaurants with outdoor spaces do not have to further limit their occupancy when a band is performing for patrons.

October 12, 2020

Delaware:

On October 2, Governor Carney formally extended the State of Emergency declaration another 30 days to confront community spread of COVID-19.

Additionally, applications for the second round of funding through the DE Relief Grants program opened on October 1, 2020. This program provides small business and eligible nonprofit organizations with funding that can be used for:

• Purchasing equipment to make a workplace suitable for COVID-19 safety (such as PPE, plexiglass, air purifiers, etc.)
• Refinancing of debt incurred due to COVID-19 (including State of Delaware HELP loans)
• Advertising efforts undertaken as a result of COVID-19
• Fixed expenses the applicant accrued during COVID-19

Florida:

(Broward County): County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on October 13, 2020.

(Miami-Dade County): On October 10, Mayor Gimenez issued Amendment No. 3 to Emergency Order 27-20 which, beginning at 12:01 a.m. on October 12, 2020, imposes a curfew for all of Miami-Dade County from 12:00 a.m. each night through 6:00 a.m. the next morning, until otherwise canceled or revised. In addition to exceptions for police, fire rescue, first responders, medical, health care, media, and utility repair personnel, exceptions to the curfew restrictions exist for:

• Those working at essential establishments, defined in the Order,
• Those going directly to or from work at essential establishments and their homes,
• Those making deliveries from essential establishments,
• Those walking their dogs within 250 feet of their residences,
• Those traveling to and from any sporting event sponsored by the NCAA, Major League Baseball, the NFL, or any other national professional sports league or organization, and
• Those traveling to or from any religious service.

On October 9, Mayor Gimenez issued an affidavit in compliance with Ordinance No. 20-87, to explain the current extension of the Local State of Emergency.

(Palm Beach County): On October 8, Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through October 16, 2020.

Illinois:

On October 9, Governor Pritzker filed Executive Order 2020-58 which lifts additional Mitigation Measures effective in Region 4 since September 2. Region 4, which includes Bond, Clinton, Madison, Monroe, Randolph, St. Clair and Washington counties, will now join most of Illinois under Phase 4 of Governor Pritzker’s Restore Illinois Plan. Currently, only Region 1, consisting of Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago counties, remains subject to additional mitigation measures.

Iowa:

On October 9, Governor Reynolds and the Iowa Economic Development Authority announced the launch of the Residential Utility Disruption Prevention Program, which will provide eligible households with up to $2,000 towards electric, natural gas, and water bills if they are at risk of disconnection due to an inability to pay due to a COVID-19 related loss of income. To be eligible to receive utility assistance under the program, the applicant must have:

1. A primary Iowa residence (whether owned or lease) with active residential utility accounts in the applicant’s name;
2. An unpaid utility bill balance or have previously entered into a payment plan with their utility provider;
3. An annual income that is 80% or less of the median family income, based on county of residence and household size; and
4. Experienced a COVID-19 loss of income (job loss, reduction in hours, reduction in pay) on or after March 17, 2020 that resulted in hardship in paying bills for electric, natural gas, and/or water utility service provided between March 17, 2020 and October 31, 2020.

Applications will be accepted through November 20, 2020 and funds will be awarded to eligible applicants on a first come, first served basis until all funds have been exhausted. Once an application is approved, a one-time payment will be made directly to utility providers and applied to the applicant’s account. Eligible residents may apply for the Residential Utility Disruption Prevention Program here.

Louisiana:

On October 8, Governor Edwards announced that Louisiana will stay in Phase 3 until at least November 6, keeping its COVID-19 mitigation measures, including a continued statewide mask mandate, in place for another 28 days.

Governor Edwards stated, “We know that as schools return to in person learning, restaurants and bars open even more widely and more events begin, there is more risk to spreading COVID. I also remain incredibly concerned about how Hurricane Delta will impact our ability to operate community testing and also displace people in ways that may lead to spread.”

On October 5, Governor Edwards announced that alcohol could be sold at sporting events in parishes that qualified and had opted in to re-open bars for on-site alcohol consumption, which is the only major change in the Governor’s Phase 3 order.

In addition, the Louisiana State Fire Marshal will issue guidance for fairs and festivals, which will allow event producers to submit a plan for approval. No outdoor fair or festival shall have more than 500 people.

Minnesota:

On October 12, Governor Walz issued Executive Order 20-92 extending the “COVID-19 Peacetime Emergency” through November 12, 2020. The previous restrictions outlined in Emergency Executive Order 20-89 remain in effect and may be further extended by an executive order on or before November 12, 2020.

Montana:

(Yellowstone County): During a press conference on October 5, Yellowstone County Health Officer John Felton said a new health order would be issued if new cases of COVID-19 exceeded 565 cases in a seven day period. The reported cases of COVID-19 infections reached 598 on October 9, exceeding the limit. The county also exceeded the weekly COVID-19 infection rate of 50 per 100,000 people, prompting County Health Officer John Felton to draft new restrictions for businesses.

Mr. Felton previously announced capacity at county restaurants, bars and casinos would be reduced to 25% if the COVID-19 situation did not improve. However, at the October 9 meeting, Felton explained how conversations with restaurant owners convinced him to walk back capacity to 50%.

The new restrictions on capacity at Yellowstone County bars, restaurants and casinos is expected to be announced by the health department on October 12, along with other restrictions on group gatherings places of worship. Mr. Felton said public or private group gatherings will be limited to a size of 25 people with masking and physical distancing required. Places of worship will be reduced to 25% capacity unless the congregation is less than 45 people, Felton said.

Exceptions to the group limits will be included for cafeterias in places like college campuses and nursing homes. Childcare facilities will also be exempt, Felton said.

In a Facebook post, the Billings Chamber of Commerce wrote that Felton confirmed businesses would have some time between when the restrictions are announced and when they are implemented to make changes to operations.

New Hampshire:

On October 9, Governor Sununu issued Executive Order 2020-20, which is the Tenth Extension of State of Emergency Declared in Executive Order 2020-04. The Executive Order extends all Emergency Orders and all executive branch actions made pursuant to Executive Order 2020-04 for an additional 21 days.

New Jersey:

On September 25, Governor Murphy signed Executive Order No. 186, again extending the Public Health Emergency he previously declared in Executive Order No. 103. Through this extension, all Executive Orders adopted based on the Public Health Emergency that would have expired remain in full force and effect. Additionally, all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak remain in full force and effect. The Order does not provide an end date to the declaration of the Public Health Emergency.

New York:

On October 9, Governor Cuomo signed Executive Order No. 202.68 extending the penalties for activities that contribute to the transmission of COVID-19 and giving the Department of Health the authority to restrict certain activities, as discussed further below. Until November 5, any individual who encourages or promotes a non-essential gathering can be fined $15,000 per day. Additionally, any penalties for individuals who fail to maintain social distance or wear a face covering during this State disaster emergency will be fined $1,000 per violation.

The Department of Health has the authority to impose health restrictions based upon clusters of COVID-19 cases. The three zones and the applicable restrictions, beginning October 9, 2020, are detailed below.

• Red Zone Restrictions:
  • Non-essential gatherings must be postponed or canceled;
  • Non-essential businesses must reduce in-person workforce by 100%;
  • Houses of worship will be limited to 25% capacity or 10 people, whichever is fewer;
  • Restaurants and taverns will not be allowed to serve food or beverages on the premises, but take-out will be allowed; and
  • No in-person schooling.

• Orange Zone Restrictions:
  • Non-essential gatherings limited to 10 people;
  • Non-essential businesses with higher risk of spreading COVID-19 must reduce in-person workforce by 100%;
    • Including the following businesses: gyms, fitness centers, barbers, hair salons, spas, tattoo or piercing parlors, nail technicians or nail salons, cosmetologists, estheticians, provision of laser hair removal and electrolysis, and other personal care services
  • Houses of worship will be limited to 33% capacity or 25 people, whichever is fewer;
  • Restaurants and taverns will not be allowed to serve food or beverages on-premises, but may provide outdoor service, with no party to exceeding four people, and take-out services; and
  • No in-person schooling.

• Yellow Zone Restrictions:
  • Non-essential gatherings limited to 25 people;
  • Houses of worship will be limited to 50% capacity;
  • Restaurants and taverns will limit each party size to four people; and
  • Mandatory testing of students and school personnel

On October 4, Governor Cuomo signed Executive Order No. 202.67 extending the declaration of a State disaster emergency and extending most provisions of Executive Order No. 202 and each successive order, which has not been suspended, until November 3, 2020.

Additionally, the following temporarily suspended or modified statutes, will go back into effect starting on November 3, 2020:

• Period of validity and expiration of a non-driver identification card;

• Period of validity and expiration of a registered certificate or plate for a motor vehicle, trailer, motorcycle, snowmobile, vessel, limited use vehicle, and all-terrain vehicles;

• Validity for temporary registration documents issued by auto dealers; and

• Specific time limit tolled for commencement, filing or service of any legal action, notice, motion, or other process or proceedings proscribed by New York procedural laws.

On September 29, Governor Cuomo signed Executive Order 202.66 preventing eviction judgements and warrants, with regards to residential property, for anyone suffering from financial hardship during the COVID-19 State disaster emergency, including those cases arising between March 7, 2020 through January 1, 2021.

On September 28, Governor Cuomo announced an expansion of Executive Order No. 205 by requiring a 14-day quarantine to anyone traveling to New York from any country with a CDC level 2 or 3 health notice. Currently, 35 states and territories meet the New York criteria for a 14-day quarantine, but this Executive Order expands that requirement to anyone traveling to New York from a country with moderate to high transmission risk. Additionally, these travelers must complete a Department of Health traveler form or be subject to a civil penalty.

On September 23, Governor Cuomo signed Executive Order No. 202.65. This Executive Order extends the declaration of a State disaster emergency and extended most provisions of Executive Order No. 202 and each successive order, which has not been suspended, for another thirty days to October 23, 2020.

Ohio:

On October 9, Governor DeWine provided an update on Ohio's response to the COVID-19 pandemic. New health data compiled by the Ohio Department of Health found that 18 counties currently have a very high risk of exposure and spread (Level 3): Ashland, Butler, Fayette, Hamilton, Lawrence, Madison, Mahoning, Marion, Mercer, Montgomery, Muskingum, Pike, Portage, Putnam, Richland, Ross, Scioto, and Trumbull. Additionally, there are 58 Orange counties this week, the highest ever. Ninety-six percent of Ohioans are living in a Red or Orange county.

Governor DeWine also announced that Ohio Department of Health Interim Director Lance Himes has signed the order that allows nursing facilities to permit indoor visitation beginning October 12. In order to permit indoor visitation, facilities are required to meet certain health and safety requirements.

The visits will be limited to two visitors and will be a maximum of 30 minutes. Visitors will have to be socially distanced and wear a face covering. Visits are to occur in areas that are separate from a resident’s room.

Facilities are required to report visitation information, including visitation status, hours, maximum visitation time, and number of visitors via an online dashboard at coronavirus.ohio.gov. Facilities must register with the state by October 19.

In addition, this order also details compassionate care visits, which are separate and distinct from normal visitation. These visits are not exclusively for end-of-life situations but can also include situations where a resident was recently admitted to the home and are struggling with the change in environment and lack of family support.

Other situations can include when a resident is grieving someone who recently passed away, a resident that may need encouragement to eat or drink that was previously provided by a family member or caregiver and is experiencing weight loss or dehydration, or when a resident is experiencing emotional distress.

Facilities should work with residents, families, caregivers, resident representatives, clinicians, and the Office of the State Long-Term Care Ombudsman program to identify the need, length, and frequency of these visits.

Texas:

On October 8, Governor Abbott amended Executive Order GA-31 (the amendment to be effective October 14, 2020) changing the definition of “areas with high hospitalizations.” Executive Order GA-31 re-authorized elective surgeries for a majority of the state. However, areas with high hospitalizations must continue postponing elective surgeries. The amendment changes the definition of “areas with high hospitalizations” to mean any Trauma Service Area that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital capacity exceeds 15%, until such time as the Trauma Service Area has seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital capacity is 15% or less. A current list of areas with high hospitalizations is maintained at www.dshs.texas.gov/ga3031.

West Virginia:

Governor Justice announced that the state is partnering with Walgreens and West-Virginia-based company Fruth Pharmacy to offer additional free testing sites at their pharmacy drive-thrus across the state. Walgreens is offering free testing at 16 locations statewide. Fruth Pharmacy is offering free testing at 12 locations statewide. Testing at these sites opened October 9, 2020 and will continue for the foreseeable future.

In this same briefing, Governor Justice also announced that due to a decrease in Monongalia County case numbers, bars in the county will be permitted to reopen on October 13, 2020, provided that these establishments follow all guidance issued by state health experts.

Governor Justice also announced that he is providing $100,000 in CARES Act funding to the West Virginia Department of Agriculture to replenish the funds in the SNAP Stretch Program. This program allows West Virginians using SNAP benefits to double their spending power at the state’s farmers markets. The announced that this additional funding is expected to sustain the program through mid-December.

On October 2, Governor Justice announced that in light of recent media reports, state health experts will investigate claims that student-athletes have intentionally been tested multiple times to drive county numbers down. Governor Justice also stated that he has asked the West Virginia Secondary School Activities Commission Executive Director to issue a ruling against any coaches or athletes who intentionally test excessively.

On September 30, Governor Justice issued Executive Order 73-20 suspending the technical requirement that public auctions for lands that are delinquent for the nonpayment of taxes be held “at the front door of the courthouse” in which the property being auctioned sits. Under Executive Order 73-20, the public auctions may now take place in locations where adequate social distancing may be maintained.

Governor Justice also announced that additional testing and necessary resources will be provided to allow all of West Virginia’s public two and four-year institutions, as well as the state’s not-for-profit private institutions, to conduct surveillance testing on ten (10%) percent of their students and staff each week.

On September 25, Governor Justice announced that the West Virginia Department of Education (WVDE) is posting a list of schools across the state that have active outbreaks of COVID-19 on the WVDE website. A confirmed outbreak is described as two or more confirmed COVID-19 cases amount students and/or staff from separate households, within a 14-day period in a single classroom or core group.

West Virginia Coronavirus Czar Dr. Clay Marsh announced that the state’s county alert system map provided on the DHHR’s COVID-19 Dashboard has been updated to match the coding method on the state’s school alert system map. In this same announcement, Dr. Marsh announced an adjustment to the County and School Alert system, adding a range of positivity rate to allow counties to drop to Orange status.

Governor Justice also signed Executive Order 72-20, which relates to the suspension of CSR § 143-1-14.3a as it applies to employees of the West Virginia Division of Corrections and Rehabilitation (DCR), the West Virginia Division of Emergency Management, the West Virginia Fire Marshall, and the West Virginia State Police. The order also lifts the requirements that state-issued identification cards provided by DCR to released inmates shall be provided for only 90 days after the date of issuance.

On September 23, Governor Justice announced that for the first time since the state’s color-coded system was instituted, all West Virginia counties were out of the Red status (25+ cases per 100,000). Governor Justice also committed additional CARES Act funding will be provided to the DHHR and West Virginia National Guard to support efforts to ramp up the Governor’s Aggressive Testing Program. Governor Justice also signed Executive Order 71-20, which provides full testing of students and staff at several private and Christian schools in the state, in order for those schools to hold in-person instruction.

On September 16, Governor Justice announced that his administration has committed to providing $6 million of CARES Act funding to ensure the continued support of child care providers and families through the end of 2020. This funding will aid essential workers across the state, providing support to 3,400 families each month through December 2020.

On September 15, Governor Justice issued Executive Order 70-20, decreasing the limit for purely social gatherings in gold, orange, or red counties from 25 people to 10 people. The executive order also prohibits travel sports teams from participating in practices, games, or other competitions within counties designated as gold, orange, or red in the County Alert System.

On September 15, Governor Justice also added the “gold” category to color-coding on the County Alert System Map. The updated thresholds for the County Alert System are now:

GREEN: 3 and fewer cases per 100,000 OR 3% or less positivity rate
YELLOW: 3.1 – 9.9 cases per 100,000 OR 4% or less positivity rate
GOLD: 10 – 14.9 cases per 100,000 OR 5% or less positivity rate
ORANGE: 15 – 24.9 cases per 100,000
RED: 25+ cases per 100,000

On September 11, Governor Justice announced the following at his weekly COVID-19 briefing:

• Counties designated as Orange on the County Alert System will move to online instruction for school;
• West Virginia public schools received a total of 318,000 cloth masks
• The Workforce WV Acting Commissioner announced an end of the FEMA Lost Wages Assistance Program. This program provided an additional $300 a week in unemployment benefits to qualified claimants. Workforce West Virginia will continue to pay eligible claimants for as long as existing FEMA funds are available.
• Governor Justice signed Executive Order 69-20, relating to the suspension of CSR § 143-1-14.3a as it applies to employees of DHHR.

On September 9, Governor Justice announced that additional unemployment benefits will begin to be released on September 14, 2020. West Virginia approved the full $400 per week in Lost Wages Assistance payments available to West Virginians who are unemployed due to the disruptions caused by COVID-19.

October 8, 2020

Alaska (Anchorage):

Pursuant to an Emergency Order enacted by Anchorage Mayor Ethan Berkowitz in late August, Anchorage is in “Phase 2” of its Recovery Plan. The following restrictions are in effect, but may change due to the recent uptick in positive cases in the city:

• Indoor events and gatherings are limited to 30 people maximum;
• Outdoor gatherings involving food or drink are limited to 50 people maximum;
• Restaurants, bars, breweries, and nightclubs and similar entities are limited to 50% of maximum building occupancy;
• Other indoor entertainment and recreation facilities are limited to 50% of building occupancy;
• Employers are required to inform employees of known COVID-19 exposure in the business; and
• Remote work is strongly encouraged.

Additionally, amid the sharp increase in Anchorage and around the state, the Anchorage Office of Emergency Management delivered a mass alert to Anchorage residents, encouraging them to:

• Avoid social gatherings;
• Stay home except for essential trips;
• Get tested even if only feeling mild symptoms; and
• Wear a mask and maintain six feet of distance from others.

District of Columbia:

On October 8, DC Health, requested that individuals connected to the White House contact their local health department. Dr. LaQuandra Nesbitt, joined health officers from nine local jurisdictions in sending a letter to individuals who have worked in the White House in the past two weeks, attended the Supreme Court announcement in the Rose Garden on Saturday, September 26, 2020, and/or have had close contact with others who work in those spaces or attended those events requesting that those individuals contact their local health department for further guidance/questions regarding their potential need to quarantine.

Florida (Miami-Dade County):

Mayor Gimenez issued an Executive Order extending the state of local emergency for an additional 7-day period, beginning on October 8, 2020.

Maryland:

On October 8, Governor Hogan and Maryland Attorney General Brian E. Frosh announced that $11.7 million in general funds will be allocated to the Maryland Legal Services Corporation (MLSC) to provide legal services to families facing eviction and other housing security issues in a continued effort to mitigate the impacts of COVID-19. MLSC makes grants to nonprofit organizations that provide civil legal services for low-income Marylanders.

Missouri (Jackson County):

Jackson County issued an order, which will go into effect on October 9, 2020, and will continue until rescinded or amended in writing. This order makes changes to the original order permitting Eastern Jackson County to move into Phase 2.5 of the county’s reopening plan. Under this order:

• Face coverings must be worn in public indoor spaces or when social distancing cannot be maintained in public outdoor spaces by certain individuals
• Business must deny entry and service to those who refuse to wear unless exempted
• All businesses are permitted to re-open provided they follow social distancing and PPE requirements
• Businesses that are frequented by the public must limit their capacity to 50% of their capacity
• Businesses open to the public must post the social distancing requirements
• Gatherings must generally be limited to 100 people unless attendees wear a face covering and maintain social distancing
  • Gatherings that exceed 100 people must submit a Gathering Protocol at least 72 hours in advance of the event

Montana:

On October 7, Montana health officials reported 733 new cases of COVID-19, shattering the previous record of 504 cases, for most cases in day. In response to the rising case numbers, Governor Bullock said during a news conference that he would not implement any new statewide restrictions, despite the spike in cases. Instead, he echoed a previous call for local authorities to implement additional restrictions in counties seeing large outbreaks.

Governor Bullock also announced he is directing $200 million in state Coronavirus Relief Funds to effectively double the Unemployment Insurance Trust Fund and prevent the thousands of Montana businesses who pay into unemployment insurance from experiencing an 85% spike in their tax rate. The unemployment insurance tax rate schedule is typically set at the end of October each year and this year’s rate would have resulted in an increase in the average employer contribution rate of at least 85%.

Paying $200 million into the trust fund will bring the total to nearly $400 million and ensure the department can continue paying unemployment insurance to those who need it without overwhelming Montana businesses. Current estimates project this will save Montana businesses millions in tax increases over the next several years, relieving them from a required rate increase under state law to ensure funding is available for benefits.

As with any year, individual businesses may still see changes in their contribution rates based on their specific experience, such as hiring additional employees. However, these shifts are minor compared to the avoided overall rate impact that would have occurred without this transfer.

Pennsylvania:

Governor Wolf issued an executive order amending the previous order Directing Mitigation Measures, which will go into effect on October 9, 2020, and will continue until rescinded or amended in writing. Under this order occupancy calculation rates for indoor and outdoor events for venues with an applicable National Fire Protection Association occupancy limit. For businesses without an applicable fire code limit the occupancy limit is 67 people per 1000 sq. ft. Attendees must adhere to social distancing and the previously issued face mask order.

Tennessee:

Governor Lee and the Financial Stimulus Accountability Group announced $50 million in federal Coronavirus Relief Funds for the Supplemental Employer Recovery Grant (SERG) program. Applications are being accepted from October 7 to December 29, or until all funds are depleted. Notably, funds will be distributed on a first-come, first-served basis, awards are capped at $30,000, and 10 percent of all funds will be reserved for eligible diversity business enterprises. Awards will be given for reimbursable expenses incurred between May 1, 2020 and August 31, 2020. Expenses and business interruption costs eligible for reimbursement include but are not limited to:

• Costs to create social distancing measures
• Purchasing personal protective equipment for employees or customers
• Contactless equipment
• Payroll expenses
• Mortgage interest

For those interested in applying for reimbursement, the following information has been made available:

• SERG Application
• SERG Calculator
• SERG Definitions
• SERG FAQs
• SERG Webinars
• SERG Guidelines

Applicants can receive additional assistance by calling 1-833-740-1438 or emailing [email protected]

Texas:

On October 7, Governor Abbott issued Executive Order GA-32, effective October, 14, 2020, to open bars and similar establishments at up to 50% capacity in conjunction with county officials. In regions and counties with low COVID-19 hospitalizations (defined as any Trauma Service Area where COVID-19 hospitalizations are less than 15% of hospital capacity), County Judges will be able to opt their county into opening bars beginning October 14, provided they assist in enforcing health protocols, including:

• Dance floors at bars and similar establishments must remain closed;
• All patrons must be seated while eating or drinking (with limited exceptions for sampling at breweries, distilleries, and wineries);
• All patrons must wear masks when they are not seated at a table;
• Tables must be limited to 6 individuals or less; and
• Establishments must follow specific curfew guidelines.

The 50% occupancy limit applies only indoors; the limit does not apply to outdoor areas, events, or establishments, although social distancing and other protocols must be followed.

The Executive Order also increases the occupancy levels for all business establishments other than bars in all areas with low COVID-19 hospitalizations to 75%. In areas with high hospitalizations, any business establishment that otherwise would have a 75% occupancy or operating limit may operate at up to only 50%.

The Executive Order shall remain in effect and in full force unless it is modified, amended, rescinded, or superseded by the Governor.

On October 7, Governor Abbott extended his Disaster Declaration for all Texas counties in response to COVID-19. The Disaster Declaration, originally issued on March 13 and subsequently renewed, 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).

Washington:

On October 8, Governor Inslee released Proclamation 20-74, which amends Proclamations 20-05, 20-06, 20-16, and 20-52, and establishes safety guidelines for behavioral health facilities, including residential treatment facilities, 24/7 facilities, and Children’s Long-Term Inpatient Programs (CLIP). Like the guidelines issued for long-term care facilities, these guidelines allow for visitation to occur between residents and family members, subject to the use of all appropriate safety and health protocols. This proclamation, the full text of which can be found here, is effective until November 9, 2020.

October 7, 2020

California:

California has introduced an additional health metric into its Blueprint for a Safer Economy, effective October 6, 2020. The new metric, referenced as the “Health Equity Metric,” aims to ensure that counties reduce COVID-19 infection, hospitalization, and death rates in low income, Black, Latino, Pacific Islander, and essential worker communities.

Under the new metric, counties with a population of over 106,000 must meet two additional requirements in order to progress to a less restrictive re-opening tier. First, a county must satisfy the Health Equity Metric. Next, it must submit a plan for making targeted investments in reducing infection and other rates in low income and communities of color. Counties with a population of less than 106,000, however, need only satisfy the targeted-investments prong for reopening, in addition to the Blueprint’s other requirements.

In order to satisfy the Health Equity Metric and move to a less restrictive tier, the county’s lowest quartile under the State’s Health Places Index must meet the following test-positivity thresholds:

• For counties entering the red tier, their lowest quartile HPI census tracts' test positivity must also be ≤ 8%;
• For counties entering the orange tier, their lowest quartile HPI census tracts' test positivity must be within 5% of the orange tier threshold, or ≤ 5.2%; and
• For counties entering the yellow tier, their lowest quartile HPI census tracts must be within 10% of the yellow tier threshold, or ≤ 2.1%.

The targeted-investments prong mandates that a county submit a plan that: (1) defines its disproportionately impacted populations; (2) specifies the percent of its COVID-19 cases in these populations; and (3) shows that it plans to invest Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases grant funds at least at that percentage to interrupt disease transmission in these populations.

The Healthy Places Index is a composite measure of socioeconomic opportunity applied to census tracts that includes 25 individual indicators across economic, social, education, transportation, housing, environmental and neighborhood sectors.

Colorado:

Governor Polis extended Colorado’s state of disaster emergency to October 31, 2020, in addition to extending the State’s Protect Our Neighbors order to November 3, 2020, which is incorporated into the safer-at-home dial framework. Further, on Monday, Governor Polis extended the executive orders limiting in-person contact for the 2020 elections to November 4, 2020.

District of Columbia:

On October 7, Mayor Bowser ordered an extension of the District’s public emergency and public health emergency and issued additional measures for Phase Two. Under the Order, the public emergency and public health emergency is extended through December 31, 2020.

Georgia:

On October 5, 2020, the Atlanta City Council unanimously approved a resolution extending through June 30, 2021 rental payment relief for car rental companies at Hartsfield-Jackson Atlanta International Airport. An initial resolution was in effect from March 1, 2020, through June 30, 2020. The latest resolution extends the relief for an additional 12 months, and requires car rental companies to pay only a percentage of their revenue as rent instead of a flat minimum payment per year, pursuant to Consolidated Rental Car Facility Lease Agreements with the car rental companies.

Idaho:

On October 2, Governor Little’s Coronavirus Financial Advisory Committee (CFAC) voted to direct another $6 million in federal relief funds to higher education, bringing the total financial support from federal COVID funds for the public institutions this year to $54.4 million. The breakdown of federal COVID funding for higher education so far includes:

• $36,175,557 from the Higher Education Emergency Relief Fund: This was a direct distribution from the federal government to institutions. At least half is to be used for emergency grants to students to cover student financial losses. The remainder may be used for institution expenses.
• $14,147,128 from CFAC: This includes $4,147,128 to be used for COVID-related expenses; $4 million for Idaho Online, the new platform to make courses accessible across institutions; $5 million approved today for the eight public colleges and universities; and $1 million approved today for the five private, nonprofit postsecondary institutions to support critical expenditures related to their COVID-19 responses.
• $5,100,000 from the Governor’s Emergency Education Relief (GEER) Fund, one of the funds established by the CARES Act.

Kentucky:

On October 6, Governor Beshear says the state is extending the mask mandate for a third time, for another 30 days. He reminded businesses that they should not give business to someone not wearing a mask. With the third extension this month, Governor Beshear warned the state would be "stepping up the enforcement" of the mask mandate. He said he had a Zoom conference call with county judges and mayors earlier Tuesday to ask for help with enforcing the mandate.

Maine:

On October 6, Governor Mills announced that Stage 4 of Maine’s reopening plan will begin October 13. As part of Stage 4, businesses and organizations that serve people through seated activities – such as indoor dining, religious gatherings, and movie theaters – will be permitted to operate at 50 percent of their capacity, with a maximum of 100 people.

Governor Mills also expanded her Order requiring certain businesses to enforce the state’s face covering requirement. The rationale behind the expansion was to make clear that places, such as private schools and local government buildings, must join restaurants, lodging, and retail establishments in having their employees and clients’ wear face coverings.

Maryland:

On October 6, Governor Hogan ordered an extension of Maryland’s state of emergency. The order also allows for the use of voting centers for the election during the pandemic and parameters for which they can be used.

Nevada (City of Henderson):

On October 6, the City of Henderson began accepting application under its Resident Recovery Grant program, which is funded by a $4.7 million award from the CARES Act. There are three grants, each of which are available to City of Henderson residents that have been financially impacted by COVID-19 as further detailed below:

1. Utilities: up to $1,000 per household if the applicant’s ability to pay for utilities has been impacted by COVID-19 and the applicant is in jeopardy of losing essential utilities like water, sewer, energy, gas, etc.
2. Childcare: up to $2,700 per household if the applicant’s ability to pay for childcare has been impacted by COVID-19.
3. Educational Internet: up to $360 per household if the applicant’s ability to pay for K-12 educational internet service for children up to 21 years old has been impacted by COVID-19.

Applications will be accepted through November 30, 2020 and funds are available on a first come, first served basis until funds are expended. Eligible residents may apply for the Resident Recovery Grant here.

Texas:

On October 7, 2020, Governor Abbott announced that health care providers may now enroll in the Texas Department of State Health Services’ Immunization Program to be eligible to administer COVID-19 vaccines once they are available. Hospitals, medical practices, pharmacies, and long-term care facilities that want to participate are required to enroll as vaccine providers at EnrollTexasIZ.dshs.texas.gov to administer COVID-19 immunizations in Texas.

While vaccine production ramps up, the supply will be limited and provided to critical populations such as health care workers or people at a higher risk of severe disease. Under federal guidelines, providers who choose to participate must agree to administer the vaccine regardless of a recipient’s ability to pay, provide a vaccination record to each recipient, store doses of the vaccine under the proper conditions, and report the number of doses received and used.

Utah:

On October 1, the Utah Labor Commission announced the launch of the Small Business Quarantined Employee Grant program (“Grant”). This grant program will help small businesses with less than 50 employees continue to pay employees who are required to quarantine or isolate due to a positive COVID-19 test or exposure to someone who has tested positive. The $2 million Grant uses federal CARES Act funds as part of Utah’s response to the coronavirus pandemic. It provides reimbursement to small business employers who pay employees to stay home during quarantine or isolation for a maximum of 40 hours per week for a period of up to two calendar weeks.

Wisconsin:

Governor Evers announced on October 7, 2020, the Wisconsin State Fair Park Alternative Care Facility will begin accepting COVID-19 patients on October 14, 2020. The Alternative Care Facility will not accept walk-ins but will coordinate with healthcare systems to admit patients who have COVID-19 and need care, but not to the level provided at a hospital. This system is meant to transition patients who are less ill out of area hospitals, opening beds for patients with more severe symptoms. The Governor’s office stated that details regarding the use of the facility, as well as staffing levels, will be forthcoming in the next few days.

Wisconsin (Madison & Dane County):

After a review of Emergency Order #3, issued by Governor Evers on October 6, 2020, Public Health Madison & Dane County has determined that Emergency Order #9, issued September 1, 2020 is more restrictive than the most recent state order. Therefore, there are no changes needed to the current operation restrictions and all businesses and individuals must continue to follow Emergency Order #9.

October 6, 2020

Arkansas:

The Arkansas Department of Health revised its directive regarding the visitation, screening, and staffing for long-term care facilities on October 6, 2020. Visitation to long-term facilities is prohibited except as permitted by the directive.

• At minimum, facilities must allow all visitation that is medically necessary (including compassionate care situations) and all visitation by law enforcement, emergency personnel, representatives from Disability Rights of Arkansas, and representatives from government regulatory agencies.
  • Compassionate care situations include visitation related to a resident’s end of life care as well as visitation by a resident’s friends and family members for any residents who are struggling with a change in the environment, grief, weight loss/dehydration, or emotional distress.
• A facility may expand visitation and other activities beyond the minimum visitation above only if it meets the following requirements:
  • No new positive COVID-19 case in the 14 days prior to expanded visitation;
  • The facility has adequate staff to provide enough direct care, housekeeping, and dietary services to residents to meet the needs of all residents and legal requirements and the facility is not under a waiver of any state or federal staffing requirements;
  • The facility has adequate PPE to meet the needs of residents and staff;
  • The facility screens every visitor, activity participant, and staff prior to entry to the facility; and
  • The facility will restrict access to all persons who meet any screening criteria for restricted access.
• Facilities that do not meet the requirements to expand visitation may use “visitation booths” located outside the facility to conduct or facilitate visitation with the use of a plexiglass or similar barrier if the facility has not had more than three active resident or staff cases within the last 14 days.
• The directive notes the screening questions that must be asked prior to entry for every person coming into the facility except medical/emergency personnel: fever/temperature, close contact with a person who has tested positive for COVID-19, symptoms of COVID-19.
• Facilities must document all visitors and screening conducted and provide such documentation upon request to government regulatory agencies. A screening log must be maintained.
• Visitors must wear face masks and sanitize their hands prior to entry, and residents should wear a mask during visits if able. Visitors may not eat inside the facility but may provide food to the resident if approved by the facility.
• Expanded visitation and other activities should be held outdoors if possible. The facility should establish outdoor visitation and activity areas that are protected from the elements and should do the same inside. Visits should not be conducted in the residents’ rooms.
• Once a facility is eligible for expanded visitation, the facility may allow salons and barber services to reopen, and may also allow communal dining.

California:

California has introduced an additional health metric into its Blueprint for a Safer Economy, effective October 6, 2020. The new metric, referenced as the “Health Equity Metric,” aims to ensure that counties reduce COVID-19 infection, hospitalization, and death rates in low income, Black, Latino, Pacific Islander, and essential worker communities.

Under the new metric, counties with a population of over 106,000 must meet two additional requirements in order to progress to a less restrictive re-opening tier. First, a county must satisfy the Health Equity Metric. Next, it must submit a plan for making targeted investments in reducing infection and other rates in low income and communities of color. Counties with a population of less than 106,000, however, need only satisfy the targeted-investments prong for reopening, in addition the Blueprint’s other requirements.

In order to satisfy the Health Equity Metric and move to a less restrictive tier, the county’s lowest quartile under the State’s Health Places Index must meet the following test-positivity thresholds:

• For counties entering the red tier, their lowest quartile HPI census tracts' test positivity must also be ≤ 8%;
• For counties entering the orange tier, their lowest quartile HPI census tracts' test positivity must be within 5% of the orange tier threshold, or ≤ 5.2%; and
• For counties entering the yellow tier, their lowest quartile HPI census tracts must be within 10% of the yellow tier threshold, or ≤ 2.1%.

The targeted-investments prong mandates that a county submit a plan that: (1) defines its disproportionately impacted populations; (2) specifies the percent of its COVID-19 cases in these populations; and (3) shows that it plans to invest Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases grant funds at least at that percentage to interrupt disease transmission in these populations.

The Healthy Places Index is a composite measure of socioeconomic opportunity applied to census tracts that includes 25 individual indicators across economic, social, education, transportation, housing, environmental and neighborhood sectors.

Colorado:

Governor Polis extended Colorado’s state of disaster emergency to October 31, 2020, in addition to extending the State’s Protect Our Neighbors order to November 3, 2020, which is incorporated into the safer-at-home dial framework. Further, on Monday, Governor Polis extended the executive orders limiting in-person contact for the 2020 elections to November 4, 2020.

Florida (Broward County):

County Administrator, Bertha Henry, issued a Declaration of Emergency, further extending the local State of Emergency for 7 days, starting at 9:00 a.m. on October 6, 2020.

Illinois:

(Chicago):

The Chicago Department of Public Health’s updated Emergency Travel Order will now include Alaska effective Friday, October 9 at 12:01 a.m. Individuals arriving to Chicago from any of the states or territories identified under the Order are required to quarantine for a 14-day period from the time of last contact within the identified state or territory. States and territories subject to the required quarantine period will be removed from the list when the daily case average in that state or territory declines below 15 daily cases per 100k residents for two consecutive weeks.

Iowa:

On October 2, Governor Reynolds signed a Proclamation of Disaster Emergency which is effective through October 18, 2020 at 11:59 p.m. Under the Proclamation, Johnson County and Story County restaurants, bars, wedding reception venues, country clubs, and other social or fraternal clubs are permitted to open effective October 5, 2020 at 12:01 a.m. and Johnson County and Story County wineries, breweries, and distilleries are permitted to open effective October 2, 2020 at 5:00 p.m., provided that the establishments (i) ensure at least six feet of distance between each group or individual, (ii) ensure food and beverages are only consumed while seated, and (iii) implement reasonable measures to ensure social distancing of employees and customers and increase hygiene practices to reduce the risk of transmission of COVID-19.

Louisiana:

On October 5, Governor John Bel Edwards announced that alcohol may be served at sporting events in parishes that qualify and have opted in to open bars, beginning this weekend. The Governor will include this change in his updated public health emergency order, which will be issued later this week. The current order expires this Friday, October 9.

In a message to athletics’ leaders, the Governor’s office outlined guidance for alcohol sales at sporting events, including:

• Alcohol may only be sold to customers who return to their ticketed seats to consume it.
• Crowd managers and signage must be used to explain that standing consumption is not allowed.
• Alcohol may only be sold to people who are wearing face coverings.
• No alcohol may be sold after 11 p.m.
• The stadium must comply with all guidance and regulations set forth by the State Fire Marshal or the Commissioner of Alcohol and Tobacco Control

Nevada:

On October 2, Governor Sisolak issued Emergency Directive 034 to be effective on October 3, 2020 at 12:01 a.m., which lifts restrictions on youth and non-professional adult sporting activities that are minimal-contact or non-contact. The sporting activities must adhere to the gathering restrictions applicable to venues with fixed seating capacity as set forth in Directive 033 and event organizers must ensure that all spectators maintain social distancing and wear a facial covering.

Full-contact sports may resume only on a limited basis for athletic conditioning, drills, and practices in which equipment is used that does not require the athletes to come into contact with other players. Emergency Directive 034 also allows county school districts, charter schools, and private schools to permit the use of their fields and facilities for games or practices. Leagues and associations that intend to host games pursuant to Emergency Directive 034 must submit to the Nevada Department of Business and Industry for approval, a Preparedness and Safety Plan that conforms to the guidelines promulgated pursuant to Emergency Directive 034, prior to hosting any games. Emergency Directive 034 does not apply to any sporting events regulated by the Nevada State Athletic Commission or the National Collegiate Athletic Association and allows student athletics to resume when permitted by the Nevada Interscholastic Activities Association.

North Carolina:

On October 6, Governor Roy Cooper announced that the North Carolina Department of Health and Human Services (NCDHHS) is providing $35 million in operational grants from federal Coronavirus Relief Funds to help child care programs providing in-person child care during the COVID-19 pandemic.

The grants will be awarded to licensed child care providers operating in-person during the months of August through October 2020 to help offset the significant financial strains due to the additional expenses to meet health and safety guidelines, while experiencing reduced revenues from lower enrollment. Providers have the flexibility to use these grants to meet their unique individual business and operational needs.

All eligible licensed child care programs will receive some level of operational grants. Specific grant amounts are based on program size, quality, and whether the program serve infants and toddlers.

North Dakota:

On October 6, the North Dakota Department of Human Services announced a temporary Pandemic Low-Income Home Energy Assistance Program (P-LIHEAP) that will provide one-time help with the cost of electric utility bills for qualifying households. To qualify for the one-time $460 payment, a household must have participated in the state’s regular heating assistance program through the 2019-2020 heating season, which ended Sept. 30, 2020. Renters whose electricity utility costs were included in their rent do not qualify. An estimated 12,400 North Dakota households could benefit from the program, which is funded by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. The department is mailing a notice to households that may qualify, which informs them how to register. The deadline to register is October 31, and individuals who need assistance with the registration should contact the department’s Economic Assistance Program at 701-328-3513 or [email protected].

On October 6, State School Superintendent Kirsten Baesler announced that the North Dakota Department of Public Instruction, in partnership with the North Dakota Department of Emergency Services, the state Department of Health, and the U.S. Department of Health and Human Services, are providing almost 160,000 cloth masks for students and faculty. The allocation is based on North Dakota’s number of students from low-income families. The emphasis is on first providing masks to students who come from low-income households, and/or who are at higher risk. Shipments of large masks, for use for adults and students in grades 7-12, are being distributed beginning this week. Smaller masks, which are intended for students in grades K-6, will be distributed once they arrive in North Dakota. The masks are being sent to public school districts, which will be responsible for sharing them with nonpublic schools in their communities.

Oregon:

On October 2, the Oregon Department of Revenue (DOR) announced it will host a pair of live training sessions on the Zoom video conferencing platform to provide information to business taxpayers and tax professionals about the administrative rules for Oregon’s new Corporate Activity Tax (CAT). Among other topics, the training will specifically address COVID-19 pandemic-related relief options.

The first meeting is planned for noon to 2 p.m. PDT October 19.

• Meeting link: https://www.zoomgov.com/j/1608045185.
• Passcode: 920761

The second meeting is planned for 9 to 11 a.m. PDT October 20.

• Meeting link: https://www.zoomgov.com/j/1619858903.
• Passcode: 013983

On October 2, Governor Brown announced that Benton and Clatsop counties have been added to the County Watch List. Counties are placed on the Watch List when COVID-19 is spreading quickly, and public health officials cannot trace that spread to specific sources—creating a potentially dangerous dynamic. Specific markers of this rapid community spread include when there is a sporadic case rate of 50 or more per 100,000 people in the last two weeks and the county has had more than five sporadic cases in the last two weeks (sporadic cases are those that cannot be traced to a source; they indicate community spread). Counties remain on the Watch List for a minimum of three weeks and until their sporadic case rates drop below these thresholds. The complete County Watch List now includes the following three counties: Benton, Clatsop, and Malheur.

On October 6, Governor Brown today announced a plan to deploy a huge influx of rapid COVID-19 tests from the federal government. Oregon will be receiving 60,000 to 80,000 COVID-19 rapid tests per week until the end of the year. The Abbott BinaxNOW antigen tests can diagnose cases of COVID-19 in 15 minutes. The new tests will be deployed statewide, with a focus first on counties and long-term care facilities that have been affected by wildfire evacuations, putting vulnerable residents and staff at higher risk for COVID-19. Second, the tests will be deployed to outpatient and mobile COVID-19 testing locations, for symptomatic people and their close contacts, whether those contacts are showing symptoms. A full transcript of Governor Brown’s remarks is available here.

Rhode Island:

Governor Raimondo issued Executive Order 20-80 on October 1, 2020 that extended Executive Order 20-72 (Sixty-Seventh Supplemental Emergency Declaration – COVID-19 Emergency Resolutions) until November 1, 2020.

Governor Raimondo issued Executive Order 20-81 on October 2, 2020 that extended the following executive orders until November 2, 2020:

1. Executive Order 20-02 (Declaration of Disaster Emergency).
2. Executive Order 20-06 (Fourth Supplemental Emergency Declaration - Expanding Access to Telemedicine Services).
3. Executive Order 20-16 (Thirteenth Supplemental Emergency Declaration - Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates).
4. Executive Order 20-17 (Fourteenth Supplemental Emergency Declaration - Testing, Critical Supplies and Hospital Capacity Reporting).
5. Executive Order 20-19 (Sixteenth Supplemental Emergency Declaration - Increasing Access to Unemployment Insurance).
6. Executive Order 20-60 (Fifty-Fifth Supplemental Emergency Declaration - Continuing to Require Cloth Face Coverings in Public).
7. Executive Order 20-70 (Sixty-Fifth Supplemental Emergency Declaration - Hospital and Community-Based Health Care).
8. Executive Order 20-71 (Sixty-Sixth Supplemental Emergency Declaration - Further Quarantine Order).

South Carolina:

Governor McMaster issued Executive Order 2020-63 on October 2 that amended and consolidated emergency measures in the state of South Carolina by replacing the emergency measures found in Executive Order 2020-50 with the following:

• Face coverings are required in state government buildings and facilities unless if the person: is a child under the age of two; is attempting to communicate with someone who is hearing-impaired; has a health condition that prevents them from wearing a face covering; is actively engaged in eating or drinking; is engaged in strenuous exercise; is operating a vehicle alone or with members of their same household; is voting or assisting with administration of an election; is removing the face covering to identify themselves; is incarcerated in a correctional institution or short-term detention facility; or if wearing the face covering would create a health or safety risk for them.
• Several rules were issued for restaurants. Restaurants: shall take reasonable steps to incorporate and comply with all state, federal and CDC promulgated industry guidance to limit exposure to and prevent spread of COVID-19; shall require all employees, customers, patrons, suppliers, and other visitors to wear face coverings unless actively engaged in eating or drinking; shall not permit the sale or consumption of alcohol between the hours of 11:00 p.m. and 10:00 a.m.; shall space tables at least six feet apart; shall not allow more than 8 patrons to sit at one table (exclusive of family units or members of the same household); shall adopt and enforce a process to ensure patrons maintain a minimum of six feet of separation from other parties while seated; shall not allow patrons to stand/congregate in any bar area; shall post signage at each public entrance informing others that entry is prohibited for anyone who is experiencing symptoms of COVID-19 or has tested positive for COVID-19 in the past 14 days; should encourage their employees to stay home if they are feeling sick; should remove common-use condiments, such as salt and pepper; should utilize disposable paper menus if possible; shall provide a cleaning station or alcohol-based hand sanitizer at all entry points; and shall discontinue self-service buffets.
• Several rules were issued for gatherings: the total number of people present at a gathering shall not exceed 50% of the location’s occupancy limit, or 250 people, whichever is less; everyone at a gathering shall wear a face covering; alcohol is not allowed to be sold or consumed at any gathering between the hours of 11:00 p.m. and 10:00 a.m.; and the organizer/owner/host of any gathering shall take reasonable steps to incorporate, implement, comply with, and adhere to any applicable sanitation, “social distancing,” and hygiene guidelines promulgated by the CDC, DHEC, or any other state or federal public health official. Any organizer/owner/host of a gathering may seek clarification regarding the application of this Executive Order to any particular gathering by contacting the Department of Commerce.

This Executive Order shall remain in effect for the duration of the State of Emergency.

Washington:

On October 5, Governor Inslee’s Medium page released a story highlighting the ability of Washington manufacturing business to shift production to meet the supply needs necessary resulting from the COVID-19 pandemic. Impact Washington played a key role in these efforts to help manufacturer adjust their productions to meet the state’s growing need for personal protective equipment (PPE).

On October 6, Governor Inslee extended 26 proclamations relating to COVID-19 and wildfires. Links to each proclamation and the applicable extension are available at the link provided above. The extension ordered by Governor Inslee includes the following proclamations, which are extend until November 9, 2020.

• 20-15.8: Department of Licensing (20-15.7)
• 20-20.8: Department of Revenue - Relief from Penalties, Fees, Interest, Due Dates (20-20.7)
• 20-21.8: Unemployment Benefit – 1 Week Waiver (20-21.7)
• 20-23.9: Ratepayer Assistance and Preservation of Essential Services (20-23.8)
• 20-28.11: Open Public Meetings Act and Public Records Act (20-28.10)
• 20-29.8: Telemedicine (20-29.7)
• 20-30.8: Unemployment Benefit – Job Search Requirement (20-30.7)
• 20-31.8: Division of Child, Youth, and Families – Child Care and Background Checks (20-31.7)
• 20-32.8: Department of Health– Health Care Workers (20-32.7)
• 20-36.6: Department of Health - Health Care Facilities and Hand Sanitizer (20-36.5)
• 20-41.9: Department of Licensing – License and Permit Renewal Extension (20-41.8)
• 20-43.7: Office of Financial Management, State Human Resources Division – Annual Leave and Pay Procedures (20-43.6)
• 20-44.7: Nursing Home Transfer or Discharge for COVID-19 Cohorting Purposes (20-44.6)
• 20-45.7: Protection Orders and Personal Service (20-45.6)
• 20-48.7: Department of Licensing – CDL Health Certificates and Other Requirements (20-48.6)
• 20-49.9: Garnishments and Accrual of Interest (20-49.8)
• 20-51.8: Community Associations Meetings and Late Fees (20-51.7)
• 20-52.7: Statewide Orders Relating to Long-Term Care (20-52.6)
• 20-56.5: Tribal Fuel Tax Refund Restrictions (20-56.4)
• 20-58.4: Shared Work (20-58.3)
• 20-59.5: Temporary Licensing - Dental and Pharmacy Graduates (20-59.4)
• 20-63.3: Department of Social and Health Services - Family Emergency Assistance Program (20-63.2)
• 20-64.2: Public Records Act – Contact Tracing -- Personal Information (20-64.1)
• 20-65.2: Long Term Care – Workers, Facilities, and Resources (20-65.1)
• 20-66.2: Long-Term Care – Operations and Visitation (20-66.1)

Wisconsin:

On October 6, 2020, Andrea Palm, Department of Health Services Secretary-designee, issued Emergency Order #3, under Gov. Evers’ direction. This order is effective October 8, at 8:00 a.m. and applies to any gatherings at locations that are open to the public, including stores, restaurants, and other public businesses, as well as ticketed events. Public gatherings, under the order, are limited to no more than 25% of the total occupancy limits for the room or building, and in the case of a public gathering at a private residence, limited to no more than 10 people. Places that are not open to the public, such as office spaces, invitation only events, and private residences that do not allow entrance to the public, are not limited by the order.

Additional exemptions include:

• Child care settings
• Placements for children in out-of-home care
• 4K-12 schools
• Institutions of higher education
• Health Care and public health operations, such as hospitals and other medical facilities
• Human services operations, including long-term care facilities
• Public infrastructure operations
• State and local government operations
• Churches and other places of worship
• Political rallies and other protected speech under the First Amendment
• State facilities under the control of the Wisconsin Supreme Court and Wisconsin Legislature
• Federal facilities under the control of the federal government
• Activities by Tribal members within boundaries of Tribal reservations

The order remains in effect until November 6, 2020.

October 5, 2020

District of Columbia:

On October 5, Mayor Bowser’s office posted the new list of high-risk states. Anyone traveling to Washington, DC from a high-risk state (within the prior 14 days) who was traveling for non-essential activities will be required to self-quarantine for 14 days from their arrival in the District. Individuals traveling from high-risk states after essential travel or arriving in the District for essential travel are required to self-monitor for symptoms of COVID-19 for 14 days and, if they show signs or experience symptoms of COVID-19, they are to self-quarantine and seek medical advice or testing. New Mexico was added to the list, and Arizona was removed from the list. The list should be used until October 19, when an updated list will be posted on coronavirus.dc.gov.

Florida (Miami-Dade County):

On October 4, Mayor Gimenez issued Amendment No. 2 to Emergency Order 20-20, which effective October 6, 2020, eliminates the face-covering requirement for (1) persons engaged in strenuous physical activity outdoors, provided social and physical distancing is complied with, and (2) persons who are stationary and outdoors, but separated from all other persons by at 10 feet, with a fixed physical barrier, marker, or obstruction that ensures the separation. Athletes and other individuals standing on the sidelines of sports competitions must wear facial coverings.

Florida (Palm Beach County):

On October 2, Mayor Kerner issued a Declaration of Continuing State of Emergency which further extends the state of emergency through October 9, 2020.

Hawaii (Maui County):

On October 1, Mayor Victorino issued Amended Public Health Emergency Rules, which repeal the earlier Emergency Rules, and restate its encouragement to individuals in the County to stay at home, and requirement that individuals above the age of 5 wear a face covering while in all public spaces, unless subject to limited exemptions. Indoor and outdoor gatherings of no more than 10 people are permitted, provided face coverings are worn and physical distancing maintained between separate groups. The order extends the nightly closure of outdoor county courts, such as for tennis or basketball, from 7:00 pm to 8:00 pm. Further, unless subject to limited exceptions, all persons traveling to the County, whether inter-island or from out of state, are subject to a health screening and mandatory 14-day self-quarantine period. Exemptions from the self-quarantine requirement may be requested. The Rules take effect on October 6, 2020 and continue through October 29, 2020, unless otherwise extended.

Kentucky:

On October 5, Governor Andy Beshear announced the state has reconnected kynect in order to provide easier access to health coverage and other benefits. The portal offers access to the national health benefit exchange and access to enrollment through the state: including Medicaid, the Kentucky Children’s Health Insurance program (KCHIP), and the Kentucky Integrated Health Insurance Premium Payment program. Qualified families can now also access SNAP food assistance benefits and family and childcare assistance programs. Additional resources include support for job training, foster care, elder care and addiction, as well as support for veterans with disabilities, immigrants and refugees, homeless Kentuckians and many more people. The portal was created to bring these benefit information resources and community partners together for a better Kentucky in one location.

Governor Beshear said the new kynect offers expanded benefits, enhanced usability, a new mobile-friendly format and helps to ready the commonwealth for the return of the state-based exchange, scheduled for enrollment in 2021 to begin the exchange in January 2022. The move is expected to save Kentuckians about $15 million a year.

Maryland:

On October 1, Governor Hogan announced that indoor visitation may resume at Maryland nursing homes where no new cases of COVID-19 have been reported in 14 days or more, along with greater flexibility for compassionate care visits, and an additional $6 million specifically for testing nursing home staff. The governor was joined by State Superintendent of Schools Dr. Karen Salmon, who announced the expansion of childcare in Maryland to full teacher to child ratios and capacities. As part of this transition, state health officials are implementing new testing guidelines, expanding the use of rapid antigen tests at nursing homes, which could be used to screen visitors—while continuing to require regular diagnostic testing depending on local conditions. The state will commit an additional $6 million to help facilities cover the cost of nursing home staff testing.

Michigan:

Governor Whitmer signed Executive Order 2020-192, which changes the status of Region 8 from Phase 5 back down to Phase 4. Region 8, which is comprised primarily of the Upper Peninsula, has had climbing case rates since June. Following a significant spike in cases in mid-September, the Region has been moved down into a more restrictive phase to hopefully prevent further spread. Similar to most of the state of Michigan, except for Region 6, Region 8 now has required remote work, where feasible, and capacity and attendance restrictions. The full extent of the restrictions can be found in Executive Order 2020-183, which previously excluded Region 8.

The status of Governor Whitmer’s various COVID-related executive orders is now up in the air. On October 4, Michigan Attorney General Dana Nessel publicly stated that she would no longer enforce Governor Whitmer’s orders. Nessel’s decision is not binding on other law enforcement. Following shortly after Nessel’s decision, the Michigan Supreme Court released its decision on the legality of the various COVID orders. The Court concluded that Governor Whitmer lacked the authority to declare a state of emergency or state of disaster under the Emergency Management Act, after her initial declaration ended on April 30, 2020. Further, the Court decided that the Michigan Emergency Power of Governors Act, which many of Whitmer’s orders rested on, was in violation of the state constitution, due to its delegation of legislative powers to the executive branch. Whitmer has argued that she can use her state agencies to issue directives similar to the executive orders. The enforcement of those directives, though, would be in the hands of local and state officials.

Missouri (St. Louis County):

St. Louis County Department of Public Health issued an amended Order, which will take effect October 7, 2020 and will remain in effect until rescinded or amended. Under this amended order:

• All gatherings of 50 or more individuals is prohibited except for:
  • Those already under capacity limitations
  • Organized outdoor gatherings that can implement capacity limits similar to indoor spaces
  • Medical facilities
  • Shelters
  • Schools and other childcare facilities
  • Polling places
  • Professional businesses not engaged in direct contact with the public
• Drinking establishments must be closed by 10:00 p.m.
• Businesses with occupancy limits must:
  • Limit occupancy to 50% of that authorized
  • Provide employees with face coverings or materials to make face coverings
  • Comply with social distancing requirements, disinfection processes and other related guidance
• Businesses kept closed as a result of COVID-19 may continue to operate the necessary activities to maintain the value of inventory, provide security, process payroll, or employee benefits, and facilitate remote work.
• Entertainment venues, sporting events, museums, casinos, and playgrounds, must:
  • Submit proposed business plans to DPH which must be approved, and
  • Limit occupancy to 50% of that authorized

Ohio:

On October 1, Governor DeWine released Ohio's updated Public Health Advisory System map. New health data compiled by the Ohio Department of Health found that 11 counties currently have a very high risk of exposure and spread (Level 3): Ashland, Butler, Clermont, Hamilton, Mercer, Montgomery, Muskingum, Pike, Putnam, Richland, and Scioto. Richland County is on the borderline of a Level 4 public emergency with severe exposure and spread.

Governor DeWine also signed House Bill 614, which distributes $650 million Coronavirus Relief Funds to local governments across the state. These funds will be distributed to counties, municipalities, and townships throughout Ohio. House Bill 614 also addresses Ohio's unemployment compensation program: (1) to create the Unemployment Compensation Modernization and Improvement Council; (2) to revise the claims process and duties related to the unemployment process; (3) to require the Auditor of State to examine and make recommendations on the efficiency of the process; and (4) to require the Director of Job and Family Services to

create a strategic staffing plan for employees who handle inquiries and claims for unemployment benefits.

Texas:

On October 2, Governor Abbott and the Texas Health and the Human Services Commission (HHSC) announced $3.5 million in federal funding for nursing facilities to purchase plexiglass barriers and tents to allow for safe visitation during the COVID-19 pandemic. Nursing facilities may apply for this funding through HHSC beginning October 5, 2020. Nursing facilities that complete an application and are approved by Texas HHSC can receive up to $3,000 per facility to purchase the plexiglass barriers and tents to help facilitate in-person visits for residents.

For information on how to apply for funding, visit the Texas HHS website.

October 1, 2020

District of Columbia:

On September 30, Mayor Bowser delivered a COVID Situational Report, which notes several assumptions or projections for reopening including: (i) restrictions on bars and indoor dining will be extended through 2020; (ii) large gatherings and sporting events will be restricted until vaccine is widely deployed; and (iii) major conventions canceled through 2021.

Florida:

Governor DeSantis issued Executive Order 20-246, which further 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, until November 1, 2020.

(Broward County): County Administrator Bertha Henry issued Emergency Order 20-27, which clarifies the requirements applicable to restaurants, bars, nightclubs, and other establishments serving food or alcohol in light of Governor DeSantis’ Executive Order 20-244. The order details establishment-specific guidelines that apply to businesses operating in the county, and reinforces the face covering requirements.

(Miami Dade County): Mayor Gimenez issued an Executive Order further extending the state of local emergency by 7 days commencing on October 1, 2020.

Georgia:

On September 30, 2020, Governor Kemp signed Executive Order 09.30.20.01, which extends the Public Health State of Emergency until November 9, 2020 at 11:59 p.m. The Governor also issued Executive Order 09.30.20.02, which extends present COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on October 15, 2020. By extending the “Empowering A Healthy Georgia” Order, previous social distancing guidelines remain in effect, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.”

Hawaii:

(Hawaii County): With Governor Ige’s approval, Mayor Kim issued Emergency Rule No. 12, which continues Emergency Rule No. 11’s requirements regarding the use of face coverings for those persons not subject to limited exceptions to the Rule and restrictions on the size and safety requirements applicable to permitted indoor or outdoor social gatherings. The Rule further recognizes the new negative test-exception pursuant to the 13th Proclamation. The rule takes effect immediately, and continues through October 21, 2020.

Illinois:

(Chicago): On October 1, Chicago saw the easing of various COVID-19 restrictions put in place by Mayor Lightfoot. Now, the following guidelines are in place:

• Restaurants, health and fitness centers, and all other establishments that have been limited to 25% indoor capacity will now be able to increase their maximum indoor capacity to 40%
  • The limit of 50 total individuals, while practicing social distancing, within one room or space remains in place.
• Bars, taverns, brewers and other establishments that serve alcohol for on-site consumption without a retail food license may reopen indoor seating at 25% capacity or 50 people, whichever is fewer.
  • Service remains limited to no more than two hours per party, and customers must be seated when eating, drinking or ordering – patrons cannot walk up to the bar to order.
  • The establishment must partner with a food provider so that food is available to patrons at all times (e.g., making menus available and allowing delivery, allowing patrons to order from third-party delivery services).
• Additional food service and bar updates include:
  • When dining out at a food service establishment or bar, customers must wear face coverings while seated at all times (including when interacting with staff), except when actively eating or drinking.
  • When taking reservations and seating walk-in customers, restaurants and bars should retain an email and/or phone number for possible contact tracing.
  • Bars, restaurants and other establishments that serve alcohol will now be able to sell alcohol for on-site or off-site consumption until 1:00 a.m. and may remain open until 1:30 a.m. (liquor stores, grocery stores and other establishments that sell alcohol to-go through a Package Goods license must continue to cease alcohol sales at 9:00 p.m.).
  • Maximum party size and table occupancy at restaurants, bars, taverns, breweries and event venues will remain at six people (indoor or outdoor).
• Maximum group size for health and fitness classes increased to 15 individuals, while practicing social distancing, or 40% capacity (whichever is fewer).
  • Cohorts for out-of-school programs increased from 10 to 15 individuals.
• Personal services that require the removal of face coverings permitted to reopen (e.g., facials, beard trims).
  • Services are recommended to be kept under 15 minutes and the employee conducting the service must always wear a face covering.
• All places of business should provide hand sanitizer for patrons and employees to use upon entry.
• Residential property managers are asked to continue limiting guest entry to five additional people for single-member households such that total indoor gatherings and parties do not exceed six people.

Industry specific guidelines, updated to reflect these changes, can be found here.

Kansas:

On September 30, Governor Laura Kelly announced that Friday, October 2, the Kansas Department of Labor (KDOL) will begin accepting self-certification and processing payments to eligible unemployed workers under the federal Lost Wages Assistance (LWA) program.

FEMA approved an award total of $116 million to assist Kansans who have lost their jobs due to the COVID-19 pandemic. For those who are eligible, payments will be retroactive to the week ending August 1, 2020. KDOL was notified by FEMA that these funds will be available through the week ending September 5, 2020.

To be eligible, a claimant must self-certify his or her unemployment or partial unemployment is due to disruptions caused by COVID-19. If KDOL confirms eligibility, the claimant will receive the payment for each week of the LWA program, as long as the person remains eligible and funds remain available.

Claimants can self-certify by logging into their account at http://www.getkansasbenefits.gov or by calling one of the unemployment contact center phone numbers listed on the website.

The program will provide eligible claimants with an additional $300 per week on top of their regular unemployment benefits. Governor Kelly proposed the $400 option for LWA as a way to get additional money into the hands of unemployed Kansans.

On October 1, Governor Laura Kelly announced that applications are now open for newly available grant funds and additional resources to support remote learning for school-age children. The Remote Learning Grant program will help address learning and supervision needs of school-age children who are not able to attend in-person school due to the pandemic.

Missouri:

(City of Columbia/ Boone County): The City of Columbia issued Order No. 2020-12 and Boone County issued Order No. 2020-12C on October 1, 2020, which extends phase two, step three, of its reopening plans until October 20, 2020, at 11:59 p.m., under Order No. 2020-11 and Order No. 2020-11C. Under the current phase:

• Face masks are required when social distancing cannot be maintained and when not exempt
• Restaurants and bars:
  • Must close by 10:30 p.m., but may continue curb-side and off-premise delivery of food,
  • Are limited to ten persons per table,
  • May not utilize standing bars or buffets, and
  • Customers must wear a mask when not seated
• Large venues and entertainment facilities must submit an operational plan and are limited to 100 people
• Child care services may not have groups larger than 50 children
• Personal care services are limited to 50% capacity or 50 people, whichever is fewer
• Pools must limit their capacity to 50 people with social distancing.

Nevada:

On September 30, Governor Sisolak issued Emergency Directive 033, effective October 1, 2020 at 12:01 a.m. The Directive increases the limits on gathering sizes for most businesses (including schools) from 50 people to 250 people or 50% of fire code capacity, whichever is less, so long as social distancing and all other requirements can be maintained. Businesses with a fire code capacity of less than 100 people may allow access to up to 50 people if they are able to do so in a manner consistent with social distancing guidelines. Certain venues may host more than 250 people if additional requirements are met, including the submission of a large gathering venue Covid-19 preparedness and safety plan for approval prior to hosting any large events or gatherings.

Venues with fixed seating capacity for more than 2,500 people may host up to 10% of the fixed seating capacity if (i) sections of 250 individuals maximum are established; (ii) social distancing can be maintained; (iii) a large gathering venue Covid-19 preparedness and safety plan is submitted and approved, (iv) standing room only is prohibited; (v) general admission is prohibited; and (vi) walk-ins, impromptu purchases, and day-of will call pickups are prohibited.

Conferences, conventions, trade shows, professional seminars, or similar gatherings may host up to 1,000 people if (i) the venue has the ability to separate the attendees among individual areas that hold no more than 250 people or 50% capacity, whichever is less, in addition to other; (ii) venue staff and employees are restricted to working in one individual area, (iii) each individual area has floor to ceiling walls, (iv) each individual area has separate entrances and exits, (v) all attendees are pre-registered, (vi) shared use of restroom facilities, concession, and merchant stands is minimized, (vii) and a large gathering venue Covid-19 preparedness and safety plan is submitted and approved.

The State of Nevada has issued controlling Guidance for Safe Gatherings to accompany the requirements set forth in the governor’s order, and additional guidance for large gathering venues, places of worship, and gatherings at private residences.

Effective October 5, 2020, all businesses and venues subject to the state capacity limitations must post signs at public entrances identifying their COVID-19 adjusted capacity based on the foregoing limitations.

Additionally, the Emergency Directive allows for public access to playgrounds and the resumption of in-person showings and open houses for single-family and multi-family residences, subject to certain social distancing limitations.

(City of Henderson): The City of Henderson has developed a business support grant using federal CARES Act Relief Funds called the Henderson Recovery Grant. The grant awards range from $2,500 to $40,000, are based on the number of full-time equivalent employees, and will be awarded on a first come, first served basis until funds are expended. The grant funds may be used for working capital, including the payment of rent, utilities, inventory, payroll, and license fees.

To be eligible for the grant, the business must:

1. be headquartered in the City of Henderson;
2. have an active City of Henderson business license with a physical commercial business address;
3. have a physical location;
4. have been in business and operating by March 1, 2020; and
5. have had 100 or fewer full-time equivalent (FTE) employees as of March 1, 2020.

The following businesses are not eligible to receive to receive a grant under the Henderson Recovery Grant:

1. Businesses that have received grant award funds through the Henderson Small Business Recovery Grant;
2. Businesses licensed at a virtual office/executive suite (unless the business has a lease for a designated suite);
3. Home-Based Businesses (i.e., a home occupation permit used for City license);
4. Non-Profit Organizations with no paid employees;
5. Businesses that have Federal, State or Local Tax Liens;
6. Businesses with over 100 full time employees;
7. Adult Oriented Businesses;
8. Cannabis Related Businesses;
9. Massage Establishments and Massage Therapists;
10. Liquor Stores;
11. Bail Bonds;
12. Real Estate Agents;
13. Food Truck Vendors, Mobile Catering or businesses licensed at a commissary;
14. Check Cashing Facilities; and
15. Payday Loan and other Short-Term Loan Operators.

Applications open October 1, 2020 and close on October 15, 2020 at 5:00 p.m.

North Carolina:

On September 30, Governor Roy Cooper announced North Carolina will cautiously ease some restrictions while continuing safety measures to combat the spread of COVID-19 as the state’s metrics remained stable in September. The state will ease some restrictions starting Friday, October 2.

Executive Order 169 begins Oct. 2 at 5 p.m. and continues for three weeks through October 23. Its new provisions include:

• Large outdoor venues with seating greater than 10,000 may operate with 7% occupancy for spectators.
• Smaller outdoor entertainment venues, like arenas or amphitheaters, may operate outdoors at 30% of outdoor capacity, or 100 guests, whichever is less.
• Movie theaters and conference centers may open indoor spaces to 30% of capacity, or 100 guests, whichever is less.
• Bars may operate outdoors at 30% of outdoor capacity, or 100 guests, whichever is less.
• Amusement parks may open at 30% occupancy, outdoor attractions only.
• The limits on mass gatherings will remain at 25 people indoors and 50 people outdoors.
• The 11 p.m. curfew on alcohol sales for in-person consumption in locations such as restaurants and outdoor bars will be extended to October 23.

State and public health officials will continue watching the key COVID-19 trends over the next several weeks to determine if any further restrictions can be eased when the current Executive Order expires October 23.

On October 1, Governor Roy Cooper announced that North Carolina minority and women-owned businesses hit hardest by the COVID-19 pandemic will have access to guidance and $12 million in grants to help them weather the crisis. The North Carolina Department of Administration has launched a new grant program, RETOOLNC, to help North Carolina Historically Underutilized Businesses (HUB) and Disadvantaged Business Enterprise (DBE) firms impacted by COVID-19.

North Carolina certified HUBs and DBEs must meet the following criteria to receive funding from the RETOOLNC program. Eligible Businesses must:

• Have been operating for one year
• Be certified with NCHUB or NCDOT DBE
• Be an independent business located within North Carolina
• Be a business with up to 50 employees or less (including but not limited to, sole proprietorships, home based businesses, LLCs, and independent contractors)
• Not have annual revenues exceeding $1,500,000
• Not be delinquent on North Carolina State income taxes
• Not have any active bankruptcies or tax liens

To learn more about the RETOOLNC initiative, visit the NC HUB Office website for details. HUB firms interested in receiving state certification can email [email protected] or call 984-236-0148 for assistance.

North Dakota:

On October 1, the North Dakota Department of Commerce announced that the Economic Resiliency Grant (ERG) has reached important milestones since the program’s opening for applications in August. The department reported it has successfully adjudicated more than half of the applications received, totaling more than $20 million awarded to 1,000 North Dakota businesses.

The ERG is a grant opportunity designed by Commerce to enhance revenue in both the immediate and long-term future by growing consumer confidence for businesses that drive consumers to the marketplace. Commerce Director of Economic Development and Finance James Leiman added that funding will be approved if the application meets all criteria and funding is available. Applicants are encouraged check back frequently for criteria that aligns with current Centers for Disease Control and Prevention guidelines. Additional information can be found here.

On October 1, Governor Burgum and the North Dakota Department of Health (NDDOH) announced updated guidance for the quarantining of individuals who are identified as close contacts to COVID-19 positive individuals.

The guidance has been updated to reflect that in non-health care, non-residential settings, when the positive case and close contact have both been wearing a face covering consistently and correctly for the entire time, the close contact will not need to self-quarantine at home.

The quarantine exception includes, but may not be limited to:

• Childcare centers where staff and older children (age 2 or above) are able to wear a mask.
• Group homes
• K-12 schools and preschools
• Colleges and universities
• Work settings
• Social interactions
• Other settings where both the infected person and contact were masked during the exposure.

Close contacts who meet the quarantine exception should still self-monitor, which means wearing a face covering and keeping a close eye out for any symptoms, said Kirby Kruger, an epidemiologist and director of the NDDOH Division of Disease Control. The complete guidance can be found here.

Oregon:

On October 1, the Oregon Senior Health Insurance Benefits Assistance (SHIBA) program announced that will be available to help Medicare enrollees evaluate plan options during open enrollment (October 15 – December 7), but only remotely at this time. To help stop the spread of the virus and to keep counselors and vulnerable Medicare beneficiaries safe, SHIBA will be providing only phone, email, and web meeting counseling sessions until further notice. All Medicare open enrollment information sessions will be held virtually through live and recorded webinars available on SHIBA’s website.

Tennessee:

(Nashville/Davidson County): On September 30, 2020, the Chief Medical Officer of Nashville/Davidson County issued Order 12 for Nashville and Davidson County, which moves the area into Phase III of reopening. Order 12 lifts certain restrictions on businesses and facilities. The following are a few of the conditions modified by Order 12:

• Bars and restaurants can now welcome up to 100 patrons per floor, plus 100 more outside;
• large events can include up to 500 people or 30% of the venue's capacity with an approved safety plan from Metro Public Health Department; and
• “Transpotainment” vehicles will be allowed to permit up to 25 people, or half capacity, whichever is lower.

Further information on Phase III guidelines can be found here. Order 12 goes into effect at 12 a.m. Thursday, October 1 and will remain in effect until November 1 unless otherwise extended.