WHAT’S ESSENTIAL BUSINESS? WHAT’S NON-ESSENTIAL? State by State: from here: https://www.huschblackwell.com/state-by-state-covid-19-guidance
State & Local Update for April 1, 2020
(current as of 8:00 a.m. CST)
On March 28, Governor Ivey issued a State Public Order ordering several types of “nonessential” business including entertainment venues, athletic facilities, and certain retail stores, to be closed until April 17. The Order prohibits all non-work related gatherings of 10 people or more, or non-work related gatherings of any size that cannot maintain a consistent six-foot distance between persons.
Effective 5:00 on March 28, 2020, Governor Dunleavy issued Health Mandate 011 which ordered the closure of non-essential businesses. Though no termination date has been provided, Gov. Dunleavy will reevaluate the order by April 11, 2020. The order requires non-essential businesses to cease all activities except Minimum Basic Operations, which includes: 1) the minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions; and 2) the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
Alongside Health Mandate 011, Gov. Dunleavy issued the Alaska Essential Services and Critical Workforce Infrastructure Order. Businesses are exempted from the closures required under Health Mandate 011 if they are deemed to provide essential services and critical infrastructure, which includes: health care operations, essential infrastructure, financial services sector, first responders, essential government functions, and essential business. The Order incorporates by reference the CISA Memorandum on Identification of Essential Critical Infrastructure Workers.
Essential businesses include: grocery stores and supermarkets; food and agriculture; businesses that provide services for the economically disadvantaged; media services; gas stations and auto supply and repair services; hardware stores; plumbers, electricians, and other service providers who provide services necessary to maintaining the safety, sanitation, and essential operation of residences and critical infrastructure; mailing and shipping services; educational institutions facilitating distance learning; laundry services; restaurants and other facilities for carry out only; businesses that supply products needed for work from home; businesses that supply other essential businesses with support or supplies necessary to operate; businesses that transport goods to critical industries or consumers; transportation services; home-based care for seniors, adults, and children; residential facilities for seniors, adults, and children; professional services; childcare facilities; and all other businesses that can maintain Social Distancing Requirements.
Health Mandate 012 also went into effect on March 28, and limits intrastate travel between communities to critical infrastructure or critical personal needs. If a business is included in “Alaska’s Essential Services and Critical Infrastructure” it must submit a travel plan or protocol which outlines how the business will avoid the spread of COVID-19 and not endanger the lives of the communities in which it operates, of others who serve as a part of that infrastructure, or the ability of that critical infrastructure to function.
The Shelter in Place order went into effect on March 31 at 5:00 pm, and remains in effect until April 30, 2020 unless otherwise extended.
Late on March 30, Governor Newsome issued Executive Order N-40-20. The Order extends or authorizes the extension of a variety of legal deadlines for individuals and businesses.
For example, the Order impacts certain filing or related deadlines as follows:
Authorizes the extension of the deadline to request an extension to file taxes for businesses and individuals filing a return for less than $1 million in tax for taxes due by July 31, 2020;
Extends the deadline for seeking a tax refund by 60 days, which applies to all taxes due by July 31, 2020;
Extends the appeal deadlines for tax appeals to the Office of Tax Appeals by 60 days, which is effective through July 31, 2020;
Authorizes the extension of the license-renewal deadline for alcohol licenses for up to 60 days, provided the licensee submits the license fee and any renewal penalty fees that may be due;
Extends numerous deadlines, including for annual fees, renewal fees, license expirations, and completing annual financial reports, for gambling businesses suspending operations during the pandemic emergency;
Extends a variety of Medicare enrollment and appeal deadlines by 60 days;
Suspends the requirement for holding in-person shareholder meetings for all meetings that must occur before June 30, 2020, and suspends a corporation’s obligation to seek written shareholder approval to hold any such meetings electronically;
Authorizes the release of bank account information by the Franchise Tax Board for unemployment benefit claimants through July 15, 2020, for the purpose of paying unemployment benefits; and
Waives for 60 days the prohibition on driver’s license renewals via mail.
On March 27, Governor Polis suspended the requirement for conducting notarial services in person and authorized remote notarizations through Executive Order D 20202 019. The Order directs the Secretary of State to promulgate temporary rules for remote notarizations, though the Order does not contain a deadline for issuing those rules. The Order remains in effect until April 17.
On March 30, Governor Lamont issued Executive Order No. 7Q which, among other things, eliminates all existing legal requirements to have a signature on any document witnessed by a third party, except in the case of a last will and testament. With respect to last wills and testaments, documents may now be witnessed remotely under the supervision of an attorney. In addition to removing witness requirements, any document required to be filed on the land records must contain a one-page certification, completed by a notary or commissioner of the Superior Court, reciting to the fact that the underlying document was executed pursuant to the executive order. The Executive Order No. 7Q also requires all town and city clerks to accept those documents for recording.
On March 30, Governor Carney signed the Eighth Modification to State of Emergency. The modification deemed certain childcare centers as Emergency Childcare Sites and provided that the Division of Accounting shall issue Internal Control Policy Guidance for COVID-19.
District of Columbia:
The stay-at-home order issued on March 30 for the District went into effect at 12:01 a.m. on April 1. This order builds on the District’s closure of non-essential businesses last week and confirms it remains in effect. The new order adds that essential businesses may be asked to show their plans for compliance with social distancing requirements, and that essential businesses with an expected occupancy above 10 persons must conspicuously post the social distancing requirements.
The Order also states that residents may only leave their residences to: engage in essential activities, with examples such as obtaining medical care and obtaining food and essential household goods; performing or accessing essential governmental functions; working at essential businesses; engaging in essential travel; or engaging in certain allowable recreational activities. Individuals who do leave for essential activities are required to practice social distancing. The order remains in effect until April 24.
On March 30, Governor Ron DeSantis signed Executive Order 20-89 to restrict public access to businesses and facilities deemed non-essential by Miami-Dade County’s Emergency Order 07-20, which was signed on March 19, 2020. The order is in effect for only Miami-Dade County, Broward County, Palm Beach County, and Monroe County.
The Miami-Dade County order deemed the following to be “essential” businesses: (1) healthcare providers; (2) grocery stores, farmers’ markets, and other retail stores that sell food and cleaning supplies; (3) food cultivation; (4) businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged; (5) media; (6) gas stations and auto supply; (7) banks and other financial institutions; (8) hardware stores; (9) contractors and other tradesmen who are necessary to maintaining safety, sanitation, and essential operation of residences and other structures; (10) mailing and shipping; (11) private colleges and schools; (12) laundromats and dry cleaners; (13) restaurants for take-out or delivery; (14) businesses that supply office products necessary to work from home; (15) businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public; (16) businesses that ship or deliver groceries, food, goods, or services directly to residences; (17) transportation; (18) home-based care for seniors, adults, or children; (19) assisted living facilities and nursing homes; (20) professional services, such as legal or accounting services; (21) landscape and pool care; (22) childcare facilities; (23) businesses operating at any airport, seaport, or other government facility, including parks and government offices; (24) pet supply stores; (25) logistics providers, including warehouses, trucking, consolidators, fumigators, and handlers; (25) telecommunications providers; (26) provision of propane or natural gas; (27) office space and administrative support; (28) open construction sites; (29) architectural, engineering, or land surveying services; (30) factories, manufacturing facilities, bottling plants, or other industrial uses; (31) waste management services; and (32) any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services.
At their discretion, these county administrators may determine additional “essential” retail and commercial establishments–or other institutions providing essential services–that shall not be subject to complete closure. This order shall remain in effect until April 15, 2020.
On March 31, Illinois Governor J.B. Pritzker announced at the daily COVID-19 press briefing that on April 1, 2020 he will sign an extension of the Illinois Stay-At-Home order through April 30, 2020. The order, effective from March 20, 2020 was originally set to extend through April 7, 2020.
Governor Kelly issued Executive Order 20-17, which requires all employers to notify employees of the potential availability of unemployment insurance benefits to employees at the time of separation from employment. The order also suspends certain requirements for claimants in connection with obtaining unemployment benefits.
Governor Beshear issued an order on March 30 to instruct residents of Kentucky not to travel into any other state expect for following reasons:
When required by employment;
To obtain groceries, medicine, or other necessary supplies;
To seek or obtain care by a licensed healthcare providers;
To provide care for the elderly, minors, dependents, person with disabilities, or other vulnerable persons; or
When required by court order.
Governor Baker has extended the Emergency Order requiring all non-essential businesses to close, and updated their list of “COVID-19 Essential Services” list based on the newly updated CISA guidelines. The order is now in place until May 4.
Governor Bullock extended his executive order, mandating quarantine for anyone traveling to Montana from another state or country for a non-work-related purpose must immediately self-quarantine for 14 days or for the duration of the person’s presence in Montana, whichever is shorter. Additionally, this Directive authorizes the Montana National Guard to conduct temperature checks at Montana airports and rail stations and screen for potential exposure history for travelers arriving in Montana from another state or country. These quarantine restrictions do not apply to persons traveling through Montana en route to another destination, or to public health, public safety, or healthcare workers. This Directive is effective on March 30, 2020 through April 10, 2020.
On March 29, Emergency Directive 008 went into effect. The Oder prohibiting evictions or foreclosure actions until the state of emergency declared on March 12, 2020 terminates or expires.
Governor Roy Cooper signed Executive Order No. 122 to help schools and local governments access state surplus property to help bridge gaps during the response to COVID-19.
On March 30, Governor Burgum signed two executive orders and amended an earlier executive order.
The amended order allows certain public school districts to open facilities through the month of May, for the limited purpose of providing child care services to children in grades K-5 only, for K-12 teachers and other health, safety and lifeline worker households, as identified by the Department of Human Services.
A new executive order suspends the open meeting requirement of a physical meeting room and a speakerphone or monitor at a physical location, when members of the governing body are attending remotely. Meetings of a governing body where members appear remotely must provide a conference dial-in number or an electronic link to real-time or livestream public access.
The other new executive order allows temporary suspension of deadlines for public libraries to submit state aid applications and reports. It also extends the deadlines for livestock auction licensing and pesticide application licensing.
Governor Mike DeWine announced that the Ohio Department of Health will extend its order to keep schools closed through the end of April. Ohio’s previous order was set to expire on April 3, 2020. The new order will extend the closure through May 1, 2020.
Tuesday, March 31, Governor Wolf again amended the stay at home order he issued to include seven additional counties, Cameron, Crawford, Forest, Franklin, Lawrence, Lebanon, and Somerset. The amended order took effect at 8:00 p.m. Tuesday.
The stay at home order now requires residents of Allegheny, Beaver, Berks, Bucks, Butler, Cameron, Carbon, Centre, Chester, Crawford, Cumberland, Dauphin, Delaware, Erie, Forest, Franklin, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Monroe, Montgomery, Northampton, Philadelphia, Pike, Schuylkill, Somerset, Washington, Wayne, Westmoreland, and York counties to stay at their places of residence except as needed to access, support, or provide emergency or government services or life sustaining business. The stay at home order is in effect through April 30, 2020.
On March 31, Governor Abbot announced during a 2:00 p.m. news conference that he would extend social distancing protocols through April 30, while Texas schools are to remain closed through May 4. Governor Abbott said Texans are expected to limit interactions, but stopped short of issuing a stay-at-home order. However, Executive Order No. 14 supersedes any conflicting order issued by local officials in response to the COVID-19 disaster, “but only to the extent that such a local order restricts essential services allowed by this executive order or allows gatherings prohibited by this executive order.” The Order mandates that for all essential businesses as defined by CISA, notably residential construction, must be permitted to proceed state-wide. However, Orders that are more expansive in defining “essential businesses” are not superseded.
As of March 27, an estimated 184 Texas counties have enacted declaration and orders related to COVID-19. The newest counties to have enacted stay-at-home orders in the last few days include Atascosa, Bee, Duval, Johnson, Kleberg, Liberty, Montgomery, Nacogdoches, Nolan, San Patricio, Smith, Tyler, and Waller. Meanwhile, the following cities have also enacted stay-at-home orders: Alice, Aransas Pass, Beaumont, Cleburne, Ingleside, Lubbock, McKinney, Odem (includes a curfew between 11:00 p.m. and 5:00 a.m.), Sinton, and Taft. The specific provisions of these orders vary by county and city.
On March 30, Abbot extended his executive order, mandating quarantine for anyone traveling to Texas from any of the following: State of California, State of Louisiana, State of Washington, City of Atlanta, City of Chicago, City of Detroit, and City of Miami. The Texas Division of Emergency Management (“TDEM”) released their Travel-Quarantine Exemption Form in connection with these travel restrictions. TDEM will determine, on a case-by-case basis, whether the self-quarantine order applies to individuals traveling in connection with commercial activity, military service, emergency response, health response, or critical infrastructure functions.
The Supreme Court of Virginia issued an order extending its declaration of a judicial emergency and continuing all civil and criminal cases to April 26, 2020 except for matters that are emergencies or that implicate a criminal defendant’s right to speedy trial. The order explicitly stated that routine civil cases, including warrants in debt, unlawful detainers, issuance of garnishments and writs of eviction will be continued.
On March 30, Governor Inslee announced guidance to state and local law enforcement on his “Stay Home, Stay Healthy” order, including an online form to report businesses violating orders. He also issued four proclamations relating to:
Department of Corrections community custody violations,
Waiver of some health care facility regulations and waiver of regulations governing the manufacture and distribution of hand sanitizer,
Waiver of certain requirements for training to become a certified nursing assistant, and
Certain waivers of regulations that apply to nursing homes and assisted living facilities.
On March 30, Governor Justice issued Executive Order No. 14-20 which imposed a mandatory 14 day isolation on individuals traveling from areas with substantial community spread of COVID-19 (including New York, New Jersey and Connecticut) to West Virginia. Such individuals may travel for essentials such as medical attention and food, and the order does not apply to commercial trucking activities.
Executive Order No. 14-20 also permits issuing a fine of $50-$500 and up to a year in prison for violating such order.
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