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State-by-State COVID-19 Guidance

Assisting businesses with key questions regarding evolving COVID-19 orders and restrictions.

Husch Blackwell has developed this resource center to monitor and update the rapidly-emerging COVID-19 rules, orders and guidance. These range from business restrictions and gathering limitations to full-scale shelter-in-place orders. The federal government and each state approach the issue differently and have developed varying definitions for “Essential Businesses” and “Essential Employees” that draw from and elaborate upon the existing guidelines from the Department of Homeland Security. Choose from the state menu below to access the latest information in the states we are tracking. For the states that have yet to develop orders, our government affairs team at Husch Blackwell Strategies can assist you with working to make sure any future orders include specific businesses. We will update this resource center daily as new information and guidance is released.

A State-by-State Resource

Please click on the state you are interested in to view state-specific information:

State & Local Update for April 8, 2020

(current as of 9:30 p.m. CDT)

California:

On April 7, 2020, Governor Newsom declared that all sales of personal protective equipment (“PPE”) to the State are exempt from sales and use taxes. Executive Order N-46-20 is California’s latest effort relieve the shortages of PPE for healthcare workers combating the coronavirus. The order will remain in effect indefinitely.

Connecticut:

On April 7, Governor Lamont issued Executive Order No. 7 taking the following actions:

  • Prescribing additional protective measures for essential businesses;
  • Waiving the application fees for temporary permits for each of the health care professions;
  • Allowing recent medical school and other medical profession graduates who are not yet licensed to participate in the state’s COVID-19 response for the duration of the public health and civil preparedness emergency;
  • Allowing for those who have recently completed an accredited graduate degree program in marital and family therapy offered by a postgraduate clinical training program to practice without a license for the duration of the public health and civil preparedness emergency;
  • Allowing recent graduates with a degree in clinical mental health counseling who are not yet licensed to practice as a professional counselor associate without obtaining a license for the duration of the public health and civil preparedness emergency; and
  • Replacing the section of Executive Order No. 7U which adds protection from liability for common law claims – in addition to the previously enacted protection from liability for statutory claims – for healthcare workers and providers.

Governor Lamont also announced that manufacturers can apply for grants of up to $75,000 to assist in the production of critical equipment and supplies. The grants, offered through the state’s Manufacturing Innovation Fund Voucher Program, can be used for working capital, new equipment, and other purposes that help companies build capacity or repurpose their operations. More information about the program and the application process can be found at the following link: https://ctmvp.ccat.us.

Indiana:

Governor Holcomb signed Executive Order 20-19, which provide additional directives to manage Indiana’s Health Care Response during the COVID-19 public health emergency. The directives include:

  • Expanding the definition of “health care provider” to include a broader range of people, including those professionals providing care and support essential to people with intellectual and developmental disabilities, older adults, or individuals with mental health needs;
  • Extending licensing for EMS professionals; and
  • Allowing physician assistant students meeting certain requirements to apply for licenses.

The Order is in effect for the duration of the public health emergency.

Louisiana:

Governor John Bel Edwards today signed a proclamation related to unemployment and other issues related to the Louisiana Workforce Commission. The proclamation addresses various issues related to unemployment and workers’ compensation and also deems health care workers and first responders who work for the state as essential for purposes of the federal Family First Coronavirus Response Act.

Montana:

On April 7, 2020, Governor Bullock issued a Directive extending numerous existing Executive Directives related to the prevention and spread of COVID-19. This Directive extends the expiration date from April 10 to April 24, 2020 for the following Directives:

  • Closing all non-residential public schools in Montana. Previous Directive issued March 15 and previously extended through April 10.
  • Closing certain on-premises dining and beverage businesses while expanding and encouraging delivery, takeout, and drive-up options. Previous Directive issued March 24.
  • Extending the stay at home Directive except for certain essential activities, temporarily closing non-essential businesses, provided social distancing requirements, and limited non-essential travel. Previous Directive issued March 26.
  • Limiting evictions, foreclosures, and disconnections for the duration of the Stay at Home Directive. Previous Directive issued March 30.
  • Requiring a 14-day self-quarantine for individuals arriving in Montana for non-work-related travel. Previous Directive issued March 30, which followed Governor Bullock’s travel advisory on March 19.

New Jersey:

Governor Murphy signed Executive Order No. 120 on Wednesday April 8. The order postpones the state’s federal and state primary elections from June 2, 2020 to July 7, 2020.

North Carolina:

Governor Roy Cooper announced that North Carolina has received approval from FEMA to provide housing alternatives, such as hotels, motels, and dormitories, for North Carolinians with unstable housing who may need to quarantine in response to or are at high-risk for severe illness from COVID-19.

North Dakota:

Governor Burgum issued four executive orders relating to school districts, agribusiness, fuel retailers and others in North Dakota. These actions include:

  • Giving school districts the same flexibility to hold mail ballot-only elections for special elections that was provided for school board elections and the June 2020 election.
  • Suspending the requirement that a school district conduct a written performance review for every teacher, principal and assistant/associate superintendent employed for more than three years. Written performance reviews will still have to be conducted for those employed for less than three years. This provides flexibility for evaluations and will help allow teachers and administrators to continue focusing on providing distance learning to make sure every North Dakota student receives a quality education.
  • Allowing winter-grade fuel to be sold until May 20 instead of the traditional April 1 cutoff date. The state has an oversupply of winter-grade fuel due to the travel restrictions and economic downturn resulting from the COVID-19 emergency.
  • Suspending the pesticide applicator certification for the use of non-restricted disinfectants during this public health emergency.

Ohio:

The Ohio Liquor Control Commission passed an emergency rule to allow establishments with an existing on-premises liquor permit to sell and deliver alcohol, including high-proof liquor in limited quantity, for off-premises consumption. Breweries can also now sell beer and wine that are not their own without food purchase, but food purchase is required for the sale of high-proof liquor. Under the rule, patrons can purchase no more than two drinks per meal. All drinks must be closed and remain closed during transport as per the open container law cited in ORC 4301.01(B)(6). This rule will remain in effect for up to 120 days unless rescinded by the Liquor Control Commission, whichever occurs first.

Governor Mike DeWine announced a new office, the Ohio Office of Small Business Relief, has been developed within the Ohio Development Services Agency to better coordinate Ohio's efforts to identify and provide support for Ohio’s nearly 950,000 small businesses during COVID-19.

Oregon:

Governor Brown issued an executive order aligning the effective date for the prohibition on dine-in food and drink consumption with that of her Stay Home, Save Lives order.

Rhode Island:

Governor Raimondo issued an Executive Order on April 8, 2020 that extended Executive Order 20-02 (Declaration of Disaster Emergency) until May 8, 2020. The original Declaration of Disaster Emergency only lasted until April 8, 2020.

South Carolina:

Governor McMaster issued an Executive Order on April 7, 2020 that authorized COVID-19 “Support Payments” by employers effective immediately. The Executive Order allows any employer who desires to offset the financial impacts of its furloughs by making voluntary COVID-19-related support payments to the furloughed individual.

The Executive Order defines “COVID-19 Support Payments” as a voluntary payment, or series of payments, made by an employer to an employee in response to furloughing the employee, and it for services rendered by the employee in the past, which the employee is not obligated to repay, which is provided without obligation for the employee to perform. COVID-19 Support Payments shall be classified as a form of severance pay, thus, not as wages. Because of this structure, the payments will not reduce the unemployment benefits that an otherwise eligible individual would be entitled to receive.

Employers interested in making COVID-19 Support Payments must submit a plan to the South Carolina Department of Employment and Workforce that (i) details the anticipated length of the furlough, (ii) state the amount of the COVID-19 Support Payments, and (iii) include an attestation that the employer is not making the COVID-19 Support Payments as a form of remuneration for the employees’ performance of services during the furlough and that the employees are not required to return or repay the COVID-19 Support Payments.

Virginia:

The Governor issued an executive directive to the Commonwealth’s Alcoholic Beverage Control (ABC) Authority. The directive instructed the ABC Authority to defer the collection of license renewal fees for 90 days and to permit mixed beverage licensees and some distilleries to provide cocktails or other mixed beverages for take-out or delivery. The directive takes effect at 11:59 PM on April 9, 2020. Through its Twitter, the ABC Authority has said guidelines to implement the directive are forthcoming.

Washington:

Governor Inslee and the Washington State Department of Commerce announced additional steps to help mitigate the economic impacts of COVID-19 and help small businesses:

Back to the top | View the Aggregated List of Daily Updates

Key contacts:
 

Kyle Gilster, Partner, Financial Services & Capital Markets, Washington, DC.
Seth Mailhot, Partner, Food & Agribusiness, Washington, DC.
Catherine Hanaway, Partner, Technology, Manufacturing & Transportation, St. Louis, MO.
Lowell Pearson, Partner, Technology, Manufacturing & Transportation, Jefferson City, MO.
Steve Laabs, Partner, Financial Services & Capital Markets, Milwaukee, WI.
Wendy Proctor, Partner, Real Estate, Development & Construction, Chattanooga, TN.
Kirstin Salzman, Partner, Healthcare, Life Sciences & Education, Kansas City, MO. 
Donna Pryor, Partner, Energy & Natural Resources, Denver, CO. 


The COVID-19 situation is fluid and fast-changing at all levels of government. New orders, regulations, restrictions, and guidance are being issued by federal, state, and local governments on a daily basis. Husch Blackwell LLP does not guarantee the accuracy or timeliness of the information contained herein. You should consult directly with counsel for the latest developments.