COVID-19 Updates: New York State

The Executive Order extends through November 19, 2020 the suspensions and modifications of law and any directives, unless they are superseded by a subsequent order, contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, and 202.59, as continued and contained in Executive Order 202.65.

The Executive Order makes the following directives:

• The moratorium on evictions of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage is extended through January 1, 2020.
• Movie theatres are allowed to open effective October 23, 2020 at 25% capacity with up to 50 people maximum per screen, subject to adherence to Department of Health guidance, provided that movie theatres in the New York City region, in counties with infection rates above 2% over a 14-day average, and in counties with red cluster zones continue to be closed.

The Executive Order extends through November 13, 2020 the suspensions and modifications of law and any directives, unless they are superseded by a subsequent order, contained in Executive Orders 202.22 through 202.26, 202.32, 202.33, 202.34, 202.35, 202.44, 202.45, 202.53, 202.57, as continued and contained in Executive Order 202.64 (links below), except:

• The suspension of the requirement for annual safety inspections and at least biennial emissions inspections under the Vehicle and Traffic Law, shall no longer be suspended or modified as of November 3, 2020.

Physicians and certified nurse practitioners under previous Executive Orders that have been allowed to issue non-patient specific regimen to nurses or others authorized to collect throat or nasopharyngeal swab specimens are also authorized under this Executive Order to collect saliva swab specimens in COVID-19 testing.

Additionally, the Executive Order authorizes the Director of the Budget to withhold funds appropriated in the Fiscal Year 2020 Enacted Budget to or for, directly or indirectly, a public or nonpublic school or school district and/or to a locality for the period of time that the school district, school or locality is found to have been in violation of Executive Order 202.68, or any order of the Department of Health issued pursuant to Executive Order 202.68

The Executive Order extends through November 5, 2020 the suspensions and modifications of law and any directives, unless they are superseded by a subsequent order, contained in Executive Orders 202.31, 202.41, 202.42, 202.43, 202.51, 202.52, 202.56, as contained in Executive Order 202.63, and Executive Orders 202.61 and 202.62.

The Executive Order makes the following suspensions and modifications through November 5, 2020:

• Any individual who encourages, promotes or organizes a non-essential gathering as set forth in Department of Health regulation, shall be liable for a civil penalty not to exceed $15,000 per day.
• Authorizes any local government official to assess, and the local government to retain, a civil penalty of not more than $1,000 for violations of Executive Orders or any regulations of the Department of Health, that impose requirements pertaining to maintaining social distance and wearing of face coverings, for the duration of the disaster emergency.

The Executive Order makes the following directives through November 5, 2020. The directives are effective immediately, and once notice is provided to affected areas, may be enforced. The directive will be enforced no later than Friday, October 9, 2020, as determined by the county in which the red zones, orange zones, and yellow zones are located.

The Department of Health shall determine areas in the State that require enhanced public health restrictions experiencing clusters of high positivity rates. Certain activities will be restricted and any permitted activities, in all three zones will be conducted in strict adherence to Department of Health guidance.

• • Based upon the severity of the cluster activity, the Department of Health shall adopt in the most severe, or “red zones,” the following mitigation measures:
    • Non-essential gatherings of any size shall be postponed or cancelled;

• • • All non-essential businesses, as determined by the Empire State Development Corporation based upon published guidance, will reduce in-person workforce by 100%;

• • • Houses of worship shall be subject to a capacity limit of 25% of maximum occupancy or 10 people, whichever is fewer;

• • • All restaurants and taverns shall cease serving patrons food or beverage on-premises and may be open for takeout or delivery only; and

• • • The local Department of Health shall direct closure of all schools for in-person instruction, except as otherwise provided in Executive Order.

• • In moderate severity warning areas or “orange zones” the following mitigation measures:

• • • Non-essential gatherings shall be limited to 10 people;

• • • Certain non-essential businesses, for which there is a higher risk associated with the transmission of the COVID-19 virus, including gyms, fitness centers or classes, barbers, hair salons, spas, tattoo or piercing parlors, nail technicians and nail salons, cosmetologists, estheticians, the provision of laser hair removal and electrolysis, and all other personal care services shall reduce in-person workforce by 100%;

• • • Houses of worship shall be subject to a maximum capacity limit of the lesser of 33% of maximum occupancy or 25 people, whichever is fewer;

• • • All restaurants and taverns must cease serving patrons food or beverage inside on-premises but may provide outdoor service, and may be open for takeout or delivery, provided however, any one seated group or party shall not exceed 4 people; and

• • • The local Department of Health shall direct closure of all schools for in-person instruction, except as otherwise provided in an Executive Order.

• • In precautionary or “yellow zones,” the following mitigation measures:

• • • Non-essential gatherings shall be limited to no more than 25 people;

• • • Houses of worship shall be subject to a capacity limit of 50% of its maximum occupancy and shall adhere to Department of Health guidance

• • • All restaurants and taverns must limit any one seated group or party size to 4 people; and

• • • The Department of Health shall issue guidance by October 9, 2020 regarding mandatory testing of students and school personnel, and schools shall adhere to such guidance.

The Executive Order extends through November 3, 2020 the suspensions and modifications of law and any directives, unless they are superseded by a subsequent order, contained in Executive Orders 202 up to and including 202.21, and 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, 202.40, 202.48, 202.49, 202.50, 202.55 and 202.55.1, as extended, and 202.60, except:

• The provision that provides for a period of validity and expiration of a non-driver identification card, will expire on November 3, 2020.
• The provisions that provide for a period of validity and expiration of a registration certificate or number plate for a motor vehicle or trailer, a motorcycle, a snowmobile, a vessel, a limited use vehicle, and an all-terrain vehicle, will expire on November 3, 2020.
• The provision that provides an expiration for temporary registration documents issued by auto dealers will expire on November 3, 2020.
• The provisions that tolled any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate’s court procedure act, and the uniform court acts, or by any statute, local law, ordinance, order, rule, or regulation, or part thereof, is continued, as modified by prior executive orders, provided however, for any civil case, such suspension is only effective until November 3, 2020.
• The suspension and modification of Section 30.30 of the criminal procedure law, as continued and modified in EO 202.60, is no longer in effect, except for felony charges entered in the counties of New York, Kings, Queens, Bronx, and Richmond, where such suspension and modification continue to be effective through October 19, 2020.

The Executive Order expands the State’s travel advisory to travelers entering New York from any country with a CDC Level 2 or 3 health notice. Travelers from these countries are subject to a mandatory 14-day quarantine period and must complete a DOH traveler health form or be subject to civil penalty.

The Executive Order extends prevents any residential tenant suffering financial hardship during the COVID-19 state disaster emergency from facing eviction judgements and warrants, including those cases where a judgment or warrant of eviction for a residential property was granted prior to March 7, 2020, through January 1, 2021.

The Executive Order extends through October 23, 2020 the suspensions and modifications of law and any directives, unless they are superseded by a subsequent order, contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, and 202.59.

The Executive Order extends through October 18, 2020 the suspensions and modifications of law unless they are superseded by a subsequent order contained in Executive Order 202.53, which includes the continuation of certain suspensions, modifications, and directives contained in Executive Orders 202.22 through 202.26, 202.32, 202.33, 202.34, 202.35, 202.44, 202.45, and 202.53 as continued and contained in Executive Order 202.57.

The Executive Order modifies the labor law to exclude from the definition of “total unemployment” per diem, part-time work performed between September 18, 2020 and November 3, 2020 for the New York State Board of Elections or a local board of elections where the total earnings for the week from all work performed for any employer do not exceed $504.00 and the employer is not the separating employer identified in the original claim, and not to require claimants to report such part-time work when certifying for weekly benefits.

The Executive Order extends previous directives that prohibited the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment through October 20, 2020.

The Executive Order extends through October 11, 2020 the directives, and suspensions and modifications of law, unless they are superseded by a subsequent order, made by Executive Order 202.31, 202.41, 202.42, 202.43, 202.51, 202.52, as continued and contained in Executive Order 202.56.

The Executive Order directs the Metropolitan Transportation Authority (MTA) to promulgate an enforcement plan to ensure compliance with all relevant Executive Orders, including enforcement of face-covering requirements and ensuring availability of face-coverings for riders. The MTA, or any or all of its affiliates and subsidiaries, including New York City Transit Authority, the MTA Bus Company, the Long Island Rail Road, and the Metro-North Commuter Railroad may issue an emergency rule(s) to effectuate the plan.

Through October 9, 2020 the Executive Order makes the following directives:

• Allows indoor food services and dining in New York City beginning September 30, 2020, so long as the Department of Health and any other applicable State-issued guidance is strictly adhered to.
• Requires every licensed professional to report COVID-19 and influenza test results immediately (not more than 3 hours) to the Department of Health through the Electronic Clinical Laboratory Reporting System (ECLRS) when a result is received.
• • Every professional authorized to administer a test for COVID-19 must inquire if the individual attends school, and if so, where such individual attends school, and their place of employment, and whether the individual works or volunteers in an elementary, secondary school, or post-secondary school, and to report the information to ECLRS.

• • Every professional authorized to administer a test for COVID-19 must obtain the individual’s local address, if the local address differs from the individual’s permanent address, and the local address must be reported to ECLRS.
• Requires every licensed laboratory in the state of New York to obtain and transmit information via ECLRS related to school of attendance, or place of employment, or volunteer work for any adult prior to processing any specimen for a COVID-19 test to the laboratory along with such sample.
• Every local health department in the state of New York must report to the Department of Health on a daily basis all COVID-19 testing and diagnoses for any individual who is a student, teacher, and any other individual who is a school employee or volunteer, for both higher and lower education institutions and districts.
• Every school and school district must report to the Department of Health on a daily basis all COVID-19 testing and diagnoses among students, teaching staff, and any other employees or volunteers.
• Every higher education institution must report to the Department of Health, on a daily basis, all COVID-19 testing and diagnoses among any on-campus students, teaching staff, and any other employees or volunteers. Additional notification to the Department of Health is required once an institution reaches 100 positive cases.
• Any directive, modification or suspension previously issued to authorize individuals to administer or process any COVID-19 test shall apply to any FDA approved method to test for COVID-19 in conjunction with any other communicable disease.
• All boards of elections must develop a plan to allow a registered voter to drop off a completed absentee ballot at a board of election, early voting location, or election day voting location, without requiring they wait in line with in-person voters, to help minimize delays during in-person voting and promote contactless voting. Plans must be submitted to the State Board of Elections by September 21, 2020, and made publicly available in the county board of elections office and on their website when submitted.
• The board of elections will not send a voter a paper absentee ballot application with their ballot, and the voter will not be required to complete a paper application either prior to or simultaneously to receiving the ballot, if the voter previously requested an absentee ballot by other means.

The Executive Order makes the following suspensions and modifications:

• The Public Health Law is modified to the extent necessary to require immediate reporting (not more than 3 hours) of results of COVID-19 and influenza testing containing information pertaining to attendance and employment in schools as required by the directives contained in this Executive Order.

The Executive Order extends through October 4, 2020 the suspensions and modifications of law, unless they are superseded by a subsequent order, made by Executive Orders 202 up to and including 202.21, and 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, 202.40, 202.48, 202.49, 202.50, as extended, and Executive Order 202.55 and 202.55.1.

The Executive Order makes the following directives:

• Authorizes schools statewide to be open for instruction, effective September 1, 2020, subject to adherence to Department of Health issued guidance and directives.
• Whenever a coroner or medical examiner has a reasonable suspicion that COVID-19 or influenza was a cause of death, but no such tests were performed within 14 days prior to death the coroner or medical examiner shall administer both a COVID-19 and influenza test within 48 hours after death.
• Suspend the deadline to pay 2019-2020 second half general taxes appearing on the Nassau County tax roll without interest or penalties from August 10, 2020 to August 31, 2020 for residential property.
• Provide a discount of one percent on payments of second half 2020-2021 school district taxes in Nassau County which are made on or before December 10, 2020.
• Allows facilities authorized to conduct video lottery gaming or casino gaming to open beginning on or after September 9, 2020, subject to adherence to Department of Health guidance.
• Allows malls in New York City to open beginning on or after September 9, 2020, subject to adherence to Department of Health guidance.

The Executive Order makes the following suspensions and modifications:

• Permits public authorities to receive comments concerning a proposed toll adjustment through public hearings held remotely, use of telephone conference, video conference, and/or other means of transmission, including acceptance of public comments electronically or by mail.
• Provides that in addition to any travel to a country for which the Centers for Disease Control and Prevention has a level two or three travel health notice, an employee is not be eligible for paid sick leave benefits or any other paid benefits if the employee voluntarily travels to a state is on the travel advisory list pursuant to Executive Order 205.
• Provide that the tolling of civil statutes of limitation shall be lifted as it relates to any action to challenge the approval by any municipal government or public authority of a construction project that includes either affordable housing or space for use by not-for-profit organizations.
• Eliminates the minimum in-person quorum requirements in Rural Electric Cooperatives Law Section 17(d).
• Title 5 of Article 11 of the Real Property Tax Law, is suspended with respect to the ability of a municipality to sell liens.

The Executive Order extends through September 27, 2020 the suspensions and modifications of law, unless they are superseded by a subsequent order, contained in 202.36, 202.37, 202.46, 202.47, as extended, and Executive Order 202.54, except the following:

• Any extension of the period for paying property taxes without interest or penalties pursuant to Real Property Tax Law Section 925-a; and
• The directive permitting telephonic or virtual party nominating conventions which has been superseded by Chapter 142 of the Laws of 2020.

The Executive Order also directs the Commissioner of Health to develop by emergency regulations, comprehensive statewide protocols for the timely testing and reporting of all COVID-19 and Influenza cases to continue to ensure, as flu season approaches, the State has the most accurate data to evaluate the number of positive cases and to best ensure timely contact tracing efforts are implemented in all regions.

The Executive Order makes the following suspensions and modifications through September 23^rd:

• Includes the potential for categorizing contraction of the COVID-19 virus as an illness for purposes of request or receipt of an absentee ballot for special district elections not administered by the County Board of Elections taking place before November 3^rd, 2020.
• Provides that every eligible voter to vote in any election on or before November 3, 2020 may be able to request an absentee ballot via phone, internet or electronically. Eligible voters who request an absentee ballot will be sent one, and the board of elections receiving the request will maintain a record of the request. No ballot will be deemed invalid for lack of a complete absentee ballot application for any reason.
• Requires Board of Elections to provide a five-day cure period for any eligible deficiency instead of seven if an absentee ballot is received after November 3, 2020. The Board of Elections will notify any voter of any eligible deficiency within 24-hours by phone or e-mail, if available, and will only mail a notification to the voter if notice to the voter by phone or e-mail is not possible.
• Provides that no cause of action shall be maintained against a Board of Elections for the November General Election if notice is not able to be made within the time period after a good faith effort, and through no fault of the Board of Elections.
• Allows a Board of Elections to procure and provide absentee ballot applications, absentee ballots, envelopes, mail notification cards pursuant to this executive order, or any other means of transmitting an absentee ballot application or absentee ballot to voters in accordance with the timeframes set forth in Executive Order 202 or any subsequent Executive Order.

Additionally, the Executive Order makes the following directives through September 23^rd:

• All county Boards of Elections and the City of New York Board of Elections are required to send an informational mailing to every registered voter by September 8, 2020, containing the following information:
• • The dates, hours, and locations for early voting in such voter’s county, including the early voting location for which the voter is assigned, if applicable.

• • Information regarding how to apply for an absentee ballot, including the opportunity to apply online or by phone, and including the deadline for requesting an absentee ballot.

• • Information regarding the date and hours of the November 3, 2020 General Election, and the voter’s election day polling place location.

• • Information regarding how the voter can look up their registration status.

• • An explicit reminder or communication of the opportunities to vote prior to Election Day, including application for an absentee ballot and early voting options.

• • Expected mail times, if a voter chooses to request an absentee ballot.

• All county Boards of Elections and the City of New York Board of Elections must submit staffing plans and any staffing needs for early voting and Election Day polling site operations, as well as post-election canvass of results, to the state Board of Elections no later than September 20, 2020, to provide adequate time for the state Board of Elections to assist as feasible.
• All county Boards of Elections and the City of New York Board of Elections must take all steps possible to count ballots as soon as possible, including reviewing absentee or military ballot envelopes prior to Election Day, including establishing objections by the Board to ballot envelopes prior to Election Day, and any reporting of affidavit ballots by counties to the state board to compare against absentee ballots must be completed 48 hours after the election.
• The State Board of Elections must develop a uniform envelope for absentee ballots for use by local Boards of Elections by September 8, 2020. The envelope must establish where a voter must sign to be valid. All local county Boards of Elections and the City of New York Board of Elections must use the uniform envelope for absentee ballots.

The Executive Order extends through September 19, 2020 the suspensions and modifications of law unless they are superseded by a subsequent order contained in Executive Order 202.53, which includes the continuation of certain suspensions, modifications, and directives contained in Executive Orders 202.22 through 202.26, 202.32, 202.33, 202.34, 202.35, 202.44, and 202.45 (links below) except the following:

• Section 28-66 of the Charter of the City of Buffalo.
• Any extension of the period for paying property taxes without interest or penalties pursuant to Real Property Tax Law Section 925-a.

Additionally, the Executive Order issues the following directives through September 19, 2020:

• Allows bowling alleys to open as of August 17, 2020, subject to adherence to the Department of Health issued guidance.
• Allows gyms and fitness centers to open August 24, 2020, subject to adherence to the Department of Health issued guidance and facility inspections by local health departments.
• Extends the State’s moratorium on COVID-19 related commercial evictions and foreclosures through September 20, 2020.
• Allows low-risk indoor arts and cultural activities to open in New York City as of August 24^th, subject to adherence to the Department of Health issued guidance.

Executive Order 202.22
Executive Order 202.23
Executive Order 202.24
Executive Order 202.25
Executive Order 202.26
Executive Order 202.32
Executive Order 202.33
Executive Order 202.34
Executive Order 202.35
Executive Order 202.44
Executive Order 202.45
Executive Order 202.53

The Executive Order extends, through September 11, 2020, the provisions made by Executive Order 202.51, unless the provision has been superseded by a subsequent directive. Executive Order 202.51 includes the continuation of certain suspensions, modifications, and directives contained in Executive Orders 202.31, 202.41, 202.42, and 202.43, and the directive contained in Executive Order 202.52.

The Executive Order makes the following new suspensions and modifications through September 4, 2020:

• Allows the Nassau County Executive to extend the following deadlines:

• The County Assessor to complete the extension of taxes for 2020-2021 school district purposes from September 18, 2020 to October 16, 2020;

• The County Legislature to levy such taxes from September 18, 2020 to October 16, 2020;
• The County to deliver to the town tax receivers the 2020-2021 school district assessment roll and warrants from September 28, 2020 to October 26, 2020;
• The first half 2020-2021 school district taxes shall be due and payable from October 1, 2020 to November 1, 2020; and
• The first half 2020-2021 school district taxes may be paid without interest or penalties from November 10, 2020 to December 10, 2020, with payments made after such date to be subject to interest and penalties beginning on December 11, 2020.

• Extends the deadline for filing a 2020 small claims assessment review petition for property located in Nassau County to September 4, 2020.
• Suspends and modifies any law or regulation that would otherwise create a landlord tenant relationship between any individual assisting with the response to COVID-19 or any individual that has been displaced due to COVID-19, and any individual or entity, including but not limited to any hotel owner, hospital, not-for-profit housing provider, hospital, or any other temporary housing provider who provides temporary housing for a period of thirty days or more solely for purposes of assisting in the response to COVD-19.
• States that various deadlines shall be tolled during the duration of this Executive Order plus an additional period of 120 days for cooperatives, condominiums, timeshares, homeowner associations, and senior residential communities regarding closing, occupancy, acceptance of an offering statement or prospectus, mortgage recording tax etc..

The Executive Order extends through August 29, 2020 the provisions made by Executive Orders 202.46 and 202.47, unless they are superseded by a subsequent Executive Order, except:

• The directive contained in Executive Order 202.47 regarding political party proxies is amended to provide that any party committee rule in place prior to the issuance of this order that authorized more than ten proxies is in full force and effect.
• The suspensions of law allowing school budget revotes to occur on July 28, are no longer suspended.
• Any extension of the period for paying property taxes without interest or penalties is no longer in effect.

The Executive Order also retroactively extends by twenty-one days the period for paying without interest or penalty the property taxes that were due by July 1, 2020, in the Village of Atlantic Beach, Nassau County.

The Executive Order extends through August 20, 2020 the provisions made by Executive Orders 202.22 through 202.26, and 202.32, unless they are superseded by a subsequent Executive Order, except the provision authorizing the extension of payment of sales and use taxes without penalty by the Commissioner of Tax and Finance. Links to the extended Executive Orders can be found below.

Additionally, the Executive Order indefinitely extends previous directives which allowed eligible regions to enter phase four. New York City entered phase four on Monday, July 20^th; but unlike the rest of the state, indoor common portions of retail shopping malls and places of low-risk indoor arts and entertainment continue to be closed.

Executive Order 202.22

Executive Order 202.23

Executive Order 202.24

Executive Order 202.25

Executive Order 202.26

Executive Order 202.32

Through August 15^th, the Executive Order requires on-premises alcoholic beverage licensees to only serve alcoholic beverages, for consumption on or off-premise, if the beverage is accompanied by the purchase of a food item for each customer consuming alcohol.

For another thirty days, through August 5, 2020, the Executive Order continues:

• the directives made by Executive Order 202.31;
• the suspensions and directives contained in Executive Order 202.41;
• the directive contained in Executive Order 202.42, and;
• the suspensions and directives contained in Executive Order 202.43.

However, Section 5-18.0(2) of the Nassau County Administrative Code is no longer suspended or modified and any extension of the period for paying property taxes without interest or penalties pursuant to Real Property Tax Law Section 925-a is no longer in effect.

The Executive Order makes the following new suspensions and modifications through August 12, 2020:

• Reduces the required number of signatures on registered public or free association library funding petitions;
• Changes the minimum threshold requirement of signatures on nominating petitions for library trustee elections to a number equal to 70% of the minimum number required by Education Law or the governing statutory provisions of such library.

The  Executive Order amends previous Executive Orders that required the closure of all indoor common portions of retail shopping malls, to allow malls to open in regions of the State that are in phase four of reopening, so long as facilities adhere to Department of Health issued guidance, effective 12:01am on Friday, July 10, 2020.

The Executive Order continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.15 and each successor Executive Order up to and including Executive Order 202.21, and Executive Order 202.29, as continued and contained in Executive Order 202.39, for another thirty days through August 6, 2020.

The Executive Order continues the directive contained in Executive Order 202.41, regarding phase three industries and entities, but modifies it to prohibit indoor food services New York City.

The Executive Order continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued and contained in Executive Order 202.27, 202.28, and 202.38, for another thirty days through August 5, 2020, except:

• The directives contained in Executive Order 202.3, that closed video lottery gaming or casino gaming, gym, fitness center or classes, and movie theaters, and the directives contained in Executive Order 202.5 that closed the indoor common portions of retail shopping malls, and all places of public amusement, whether indoors or outdoors, as amended, are hereby modified to provide that such directives remain in effect only until such time as a future Executive Order opening them is issued.

The Executive Order continues the following suspensions, modifications, and directives made by Executive Order 202.36 & Executive Order 202.37 through August 2, 2020:

• Allows for in-person special education services and instruction required under Federal, State or local laws, rules, or regulations for the summer term by school districts. Any districts offering such services must follow State and Federal guidance.
• Allows a questionnaire administered through an asynchronous electronic interface or electronic mail that is approved by a physician licensed in the State of New York to be sufficient to establish a practitioner-patient relationship for purposes of ordering a clinical laboratory test.
• Extends the directive allowing the opening of barbershops and hair salons, in regions in phase two reopening, and requires operations to be consistent with Department of Health guidance.
• Extends the directive allowing any licensee or franchisee of a racetrack to operate.
• Extends the modification of Executive Order 202.35 in relation to New York On PAUSE as follows:
  • Any region that meets the prescribed public health and safety metrics as determined by the Department of Health for phase one reopening may allow outdoor, low-risk recreational activities and businesses providing such activities, as determined by Empire State Development Corporation, to be permitted to operate, in accordance with Department of Health guidance.

Modifies the election law in relation to independent nomination petitions for offices to be filled at the time of the General Election or at a Village Election as follows:

• • Independent nominating petitions shall be filed between July 27^th through July 30, 2020.
  • A certificate of acceptance or declination for an independent nomination shall be filed not later than August 3, 2020.
  • A certificate to fill a vacancy caused by a declination of an independent body shall be filed not later than August 6, 2020.
  • A signature made earlier than July 1, 2020, or later than July 30, 2020, shall not be counted upon a petition for an independent nomination.
  • Signature requirements for independent nominating petitions, as outlined in the Executive Order.
• Rescinds the directive contained in Executive Order 202.13, insofar that independent nominating petitions may be circulated, and signatures collected beginning July 1, 2020, consistent with this Executive Order.

The Executive Order extends until July 26^th all suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.34 and 202.35. Previous Executive Orders are amended to allow gatherings of 50 or fewer individuals in regions of the State in phase four. If the gathering occurs indoors it may not exceed 50% of the maximum occupancy for the area. All social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health must be adhered to.

The Executive Order requires all travelers entering New York from a state with a positive COVID-19 test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven-day rolling average to quarantine for a period of 14 days. The Department of Health Commissioner may issue additional protocols for essential workers, or for other extraordinary circumstances when a quarantine is not possible, provided such measures continue to safeguard the public health. The Executive Order goes into effect at 12:01 a.m. on June 25, 2020, until rescinded by the Department of Health Commissioner. Currently, Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Texas, and Utah have infection rates above the maximum infection rate to travel unrestricted into New York, Connecticut and New Jersey.  New York will track all other state’s infection rates and make the restriction list available on the Department of Health’s website. Any violation of a quarantine or isolation order issued to an individual by a local department of health or NYS Department of Health may be enforced and non-compliance may additionally be deemed a violation subject to a civil penalty of up to $10,000.

Modifies Executive Order 202.23 to clarify that any voter that is in active and/or inactive status and is eligible to vote in a primary or special election to be held on June 23, 2020 who requests an absentee ballot via telephone for the June 23 special election or primary election, shall be sent an absentee ballot with a postage paid return envelope, following the conditions outlined in this Executive Order. Allows clinical labs to accept and examine specimens for COVID-19 testing from nursing home and adult care facilities personnel without a prescription or order and requires the facilities to report positives to the local department of health for treatment and isolation orders. Expands the authority of the Commissioner of Taxation and Finance to abate late filing and payment penalties for a period of up to 100 days for taxpayers who were required to file returns and remit sales and use taxes by March 20, 2020, for the sales tax quarterly period that ended February 29, 2020.

On and off premise alcoholic beverage licensees are required to inspect, monitor, and otherwise supervise the area within 100 feet of the licensed premises to ensure that any consumption of food or beverage comports with the applicable open container ordinances, as well as social distancing and face covering requirements. If the business is unable to comply with directives in the Executive Order, they must discontinue the sale/service of alcoholic beverages unless and until the ordinances and guidance can be fully observed. The directive contained in Executive Order 202.8 that permitted on-line only transactions for the Department of Motor Vehicles is modified to allow for in-person transactions at county-operated Department of Motor Vehicles offices in phase three eligible regions, if such transactions are conducted by appointment only.

DECLARING JUNETEENTH A HOLIDAY FOR NEW YORK STATE EMPLOYEES

Allows 25 or fewer individuals to gather, for any lawful purpose or reason, in regions eligible for phase three, as long as social distancing and cleaning protocols required by the Department of Health are followed. Regions not yet eligible for phase three reopening, remain limited to gatherings of ten or fewer individuals.

The Executive Order directs the Division of the Budget, in consultation with the Division of Criminal Justice Services, to promulgate guidance to be sent to all local governments directing that all police agencies perform a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve these operations to address the needs of the communities served by the police agency and promote community engagement and to address any racial bias and disproportionate policing of communities of color. The plan will then be offered up for public comment, after which the local legislative body must adopt or ratify by April 1, 2021. Local governments must certify to the Director of the Division of the Budget that the process has been complied with and adopted or the Director of the Division of the Budget is authorized to withhold future appropriated state or federal funds.

Allows for the opening of all salons, tattoo parlors, piercing parlors, and related personal care services in phase three eligible regions, consistent with Department of Health guidance. Continues the directives collectively constituting New York On PAUSE, except: The reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to phase three industries. As of June 12, 2020, the regions meeting the prescribed public health and safety metrics required for phase three reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the criteria in the future will be deemed to be incorporated into this Executive Order without further revision and will be permitted to reopen phase three industries, subject to the same terms and conditions.

All nursing homes and all adult care facilities, which are located in regions that have reached phase two of reopening, must test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, once per week. If the original budget proposed by a school district is not approved by the voters at an election held on June 9, 2020, pursuant to Executive Order 202.26, any resubmission to the voters of the original or revised budget shall be conducted at a date and by a process determined by and subject to a future Executive Order, provided, however, such revote shall not occur prior to July 9, 2020.

Allows any absentee ballot for an election held on June 9, 2020 and received by mail in the office of the clerk of the school district or designee of the trustees or school board not later than June 16, 2020 to be canvassed for such election.  No ballots for such election shall be accepted by the clerk of the school district or designee of the trustees or school board after 5 p.m. on June 9, 2020 except those received by mail in accordance with this provision. Exempts school districts from completing annual professional performance reviews of classroom teachers and building principals during the 2019-20 school year without withholding any apportionment of funds for the general support of public schools for which a school district is otherwise entitled. Allows a board of education or the trustees of a common school district to appoint on tenure those classroom teachers and building principals who meet certain requirements and are recommended by the superintendent of schools.

Commercial building owners, retail store owners and those authorized on their behalf to manage public places within their buildings and businesses have the discretion to deny admittance to those individuals who refuse to undergo temperature checks or have a temperature above prescribed guidelines from the NYS Department of Health. This must be applied in a consistent manner with the American with Disabilities Act and any provision of either New York State or New York City Human Rights Law. Modifies Executive Order 202.3 to allow a restaurant or bar to serve patrons food or beverage on-premises only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance promulgated for such activity. Modifies Executive Order 202.35 to permit any non-essential gatherings for houses of worship at no greater than 25% of the indoor capacity of such location, provided it is in a geographic area in phase 2 of re-opening.

The Executive Order allows for in-person special education services and instruction required under Federal, state or local laws, rules, or regulations for the summer term by school districts through July 5^th. Any districts offering such services follow must follow State and Federal guidance.

Extends for twenty-one days the period for paying property taxes without interest or penalties in a county, city, town, village or school district of which the chief executive officer has requested an extension (a list of entities which have requested such is in the Executive Order). Retroactively extends by twenty-one days the period for paying without interest or penalty the property taxes that were due by April 1, 2020, in the Village of Thomaston, Nassau County.

As of May 29, 2020 the regions meeting the prescribed public health and safety metrics required for Phase Two reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the criteria after such date will be deemed to be incorporated into this Executive Order without further revision and will be permitted to re-open Phase two industries, subject to the same terms and conditions.

Through June 27, 2020, the Order allows any business operator or owner the discretion to enforce a previous directive which requires any individual over age two, and able to medically tolerate a face-covering, be required to cover their nose and mouth with a mask or cloth face-covering when in a public place, including the right to deny entry to those not wearing a mask. It also does not prohibit or limit the right of State and local enforcement authorities from imposing fines or other penalties for any violation of the directive.

Executive Order 202.10, as later extended by Executive Order 202.18, Executive Order 202.29 and as extended and amended by Executive Order 202.32, which prohibited all non-essential gatherings of any size for any reason, except for any religious service or ceremony, or for the purposes of any Memorial Day service or commemoration, which allowed ten or fewer individuals to gather, provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to is hereby modified to permit any non-essential gathering of ten or fewer individuals, for any lawful purpose or reason, provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to.

Extends the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Orders 202.23 through 202.27, for thirty days until June 20, 2020. It also extends by twenty-one days the period for paying, without interest or penalty, property taxes for an affected county, city, town, village or school district whose chief executive officer has requested an extension.

Extends the moratorium on residential or commercial COVID-related evictions and late fees through August 20, 2020, extends the closure of all schools through the remainder of the academic year, extends the provisions of previous Executive Orders (scheduled to expire on May 7th) until June 6th (except for certain specified provisions), and makes certain modification to Criminal Procedure law, among other provisions.

Requires any individual who is over age two and able to medically tolerate a face-covering be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance. It also requires letters of no-action or no-filing be issued by the Attorney General.

Extends the cancellation of all non-essential public and private gatherings, school closures, and all in-person business restrictions and workplace restrictions to April 29, 2020, gives the Department of Health the power to move medical equipment and supplies  to areas of immediate need; such equipment and supplies will either be returned or the entities will be monetarily compensated, and increases fine for social distancing violations, among other provisions.

Moves the State’s Presidential Primary and Special Elections to June 23, 2020, delays the state’s tax filing day to July 15 to match the Federal filing date and directs all hospitals to allow one person, who does not have a fever, to be present as a support person for a patient giving birth.

Allows customers of New York chartered banks a 90-day forbearance of payments on their mortgage if they are affected by COVID-19 related hardships. The order also affects fees for the use of automated teller machines (ATMs), overdraft fees, and credit card late fees.

Mandates reduction of onsite workforce for non-essential businesses by 100% no later than March 22 at 8 p.m.,  directs 90-day moratorium on any residential or commercial evictions, and authorizes the Commissioner of Taxation and Finance to abate late filing and payment penalties for a period of 60 days for a taxpayers who are required to file returns and remit sales and use taxes by March 20, 2020, for the sales tax quarterly period that ended February 29, 2020.

Requires non-essential employers to reduce the in-person workforce by 75% no later than March 21 at 8 pm. This order also expands the public gathering prohibition to barber shops, salons, and other businesses as of March 21 at 8pm and includes provisions for notarial services.

Nonessential businesses to reduce onsite workforce by 50%.

Closure of certain common portions of retail shopping malls and all places of public amusement.

Directing all schools in New York to close by Wednesday, March 18 for two weeks ending April 1.

Mandating the closing of restaurants, movie theaters, bars, gyms and casinos and limits the statewide occupancy limit to 50 people.

Delaying village elections statewide until the April 28 primary election.

Any gathering under 500 individuals required to cut capacity by 50%, suspension of the 7 day waiting period for unemployment, suspension of laws relating to emergency procurement, restriction of nursing home visitations and the waiver of requirements necessary for apportionment of school aid.

Declaring a Disaster Emergency in the State of New York.