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New York State Executive Orders

Posted on: June 1, 2021

Highlights of the 202.108 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until June 16 2021;
  2. Eliminates capacity requirements imposed by prior Executive Orders at houses of worship, places of public amusement, and indoor dining and food services inside and outside of New York City, subject to adherence to Department of Health guidance;
  3. Eliminates capacity limits based on percentage of maximum occupancy as imposed by prior Executive Orders at outdoor stadiums and outdoor performing arts venues, subject to Department of Health guidance;
  4. Directs that large indoor event venues operate at a capacity to be determined by the Department of Health;
  5. Effective May 31, 2021, food and beverage establishments shall no longer be required to cease all on premises indoor service and consumption of food and beverages at or before 12 AM.
  6. Effective May 19, 2021, individuals who are fully vaccinated are no longer required to cover their nose or mouth with a mask while indoors, except in certain settings as prescribed in Department of Health guidance; and
  7. Eliminates the requirement that in-person transactions at county-operated DMV offices be conducted by appointment only.

Highlights of the 202.107 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until June 9, 2021; and
  2. Modifies gathering restrictions as follows:
    1. Effective May 10, 2021, up to 500 people are permitted to attend outdoor socials gatherings at events, arts, and entertainment venues, subject to Department of Health guidance.
    2. Effective May 19, 2021, limitations on private residential outdoor gatherings shall no longer be in effect.
    3. Effective May 19, 2021, up to 250 people are permitted to attend indoor social gatherings at events, arts, and entertainment venues.
    4. Effective May 19, 2021, up to 50 people are permitted to attend residential indoor gatherings, subject to Department of Health guidance.

Highlights of the 202.106 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until June 5, 2021; and
  2. Rescinds all suspensions and modifications of the Criminal Procedure Law except:
    1. Permits the continuation of the expanded use of electronic appearances;
    2. Current suspensions and modifications of Criminal Procedure Law Sections 30.30 and 190.80 remain in effect through and including May 23, 2021, and are thereafter rescinded; and
    3. Further modifies Section150.40 of the Criminal Procedure Law reducing the timeframe from 90 to 60 days regarding the return date for appearance tickets.
  3. Effective May 7, 2021, indoor food services and dining in New York City is permitted at 75% capacity.

Highlights of the 202.105 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until May 27, 2021; and
  2. Modifies the directive contained in Executive Order 202.17 (requiring any individual over age 2 to wear a mask) to no longer require individuals who have a completed COVID-19 vaccination series to wear a mask outdoors, except in crowded settings and venues.

Highlights of the 202.104 Order include:

1.Modifies and extends Executive Order 202.96 as it relates to movie theaters, to provide that, effective April 26, 2021, movie theaters shall be permitted to operate at an occupancy level determined by the Department of Health and subject to state-issued guidance.

Highlights of the 202.103 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until May 25, 2021.

Highlights of the 202.102 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until May 19, 2021;
  2. Permits businesses licensed by the SLA for on-premises service of alcoholic beverages to remain open for on premises service and consumption of food and beverages, inside or outside, until 12 AM; and
  3. Rescinds the directive contained in Executive Order 202.88 that required any healthcare facility, provider, or entity that has been allocated and received a supply of COVID-19 vaccines, to administer the vaccine within one week of receipt of same.

Highlights of the 202.101 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until May 6, 2021;
  2. Expands capacity at larger outdoor stadiums, regional sports venues, and large outdoor performing arts venues, subject to conditions;
  3. No longer requires gyms and fitness centers to close at 11 PM;
  4. Extends the hours of operations for certain businesses that have a State Liquor Authority license after food and beverage service is required to end; and
  5. Modifies Executive Order 202.30, as extended and modified, to provide that no Article 28 general hospital shall discharge a patient to a nursing home, adult care facility, or long-term care facility without first offering the patient a COVID-19 vaccine, and upon consent from the patient, administering it to them.

Highlights of the 202.100 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 30, 2021; and
  2. Modifies Executive Order 202.30, as extended and modified, to provide that no Article 28 general hospital shall discharge a patient to a nursing home without first offering the patient a COVID-19 vaccine, and upon consent from the patient, administering it to them.

Highlights of the 202.99 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 25, 2021; and
  2. Directs pharmacies to prioritize the following groups for COVID-19 vaccinations: (1) individuals age eligible; (2) individuals who are P-12 school (public or non-public) teachers, substitute teachers, or student teachers; and (3) individuals with comorbidities.

Highlights of the 202.98 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 20, 2021;
  2. Effective March 22, 2021, and subject to adherence to Department of Health guidance, permits the operation of indoor fitness classes;
  3. Effective March 22, 2021, permits non-essential private residential outdoor gatherings of up to 25 people provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to; and
  4. Effective April 2, 2021, events, arts, and entertainment venue may reopen at up to 33% capacity, with up to 100 people indoors and up to 200 people outdoors, or up to 150 people indoors and up to 500 people outdoors if all attendees present proof of a negative COVID-19 test, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to.

Highlights of the 202.97 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 16, 2021;
  2. Modifies the Tax Law to preclude the Commissioner of Taxation and Finance from disallowing STAR credits or exemptions due to the failure of delinquent property owners to pay past-due property taxes in full, and precludes the Commissioner from notifying delinquent property owners of same;
  3. Allows indoor dining, outside of New York City, to operate at 75% of maximum capacity, subject to adherence to state-issued guidance;
  4. Allows indoor dining, within New York City, to operate at 50% of maximum capacity, subject to adherence to state-issued guidance; and
  5. Directs pharmacies to prioritize vaccinations of individuals age 60 and older, and individuals who are P-12 school (public or non-public), teachers, substitute teachers, or student teachers.

Highlights of the 202.96 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until March 28, 2021;
  2. Repeals the directives contained in Executive Order 202.95 (requiring teachers to report receipt of COVID-19 vaccinations);
  3. Requires every local health department to report the number of eligible P-12 teachers and staff that have received a COVID-19 vaccination to the Department of Health;
  4. Modifies Executive Order 202.5 to permit all indoor family entertainment centers and places of amusement to open on March 26, 2021, at 25% capacity, subject to adherence to state-issued guidance;
  5. Modifies Executive Order 202.5 to permit outdoor amusement parks to open on April 9, 2021, at 33% capacity, subject to adherence to state-issued guidance;
  6. Modifies Executive Order 202.70 to allow certain movie theaters that were directed to close to reopen on March 5, 2021, at 25% capacity,  with no more than 50 people maximum per screen, subject to strict adherence to Department of Health guidance; and
  7. Modifies Executive Order 202.93 to allow, beginning February 16, 2021, New York City indoor food services and dining to increase capacity to 35%, subject to strict adherence to Department of Health and any other State-issued guidance.  

Highlights of the 202.95 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until March 24, 2021;
  2. For the purposes of tracking by the Department of Health, requires a teacher employed by a public or private school who has received a COVID-19 vaccination, to report such vaccination to the school upon request; and
  3. Requires every school and school district, starting February 23, 2021, and every Friday thereafter, to report to the Department of Health on a weekly basis, the number of completed COVID-19 vaccinations reported in the prior week, as well as the number and percentage of teachers conducting in-person instruction during the prior week.

Highlights of the 202.94 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days until March 16, 2021;
  2. Modifies the Eminent Domain Procedure Law to permit the MTA to hold public hearings remotely, provided that public comments must be permitted electronically or by mail;
  3. Requires all liquor and wine stores that are licensed by the State Liquor Authority to cease all off premises sales and close at or before 11 PM (extended from 10 PM);
  4. Requires all restaurants to cease in-person dining at or before 11 PM (extended from 10 PM);
  5. Requires all businesses that are licensed for on premises service of alcoholic beverages to cease on premises service and consumption of food and beverage, inside or outside, at or before 11 PM; and
  6. Requires gyms and fitness centers to close by 11 PM (extended from 10 PM).

Highlights of the 202.93 Order include:

  1. Continued Executive Order 202 and each successor Executive Order to 202 for thirty days until March 11, 2021;
  2. Permits indoor dining at NYC restaurants, not to exceed 25% capacity, beginning February 11, 2021;
  3. Eliminates capacity restrictions on houses of worship located in “red,” “orange,” or “yellow” zones, beyond the restrictions contained in the Department of Health guidance relating to houses of worship; and
  4. Extends by 21 days the period for paying, without interest or penalty, property taxes that are due in the Village of Lynbrook.

Highlights of the 202.92 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days until February 26, 2021;
  2. Modifies the Nassau County Administrative Code to extend the deadline to pay the first half of 2021’s general taxes without interest or penalties from February 10, 2021 to March 12, 2021;
  3. Authorizes the Commissioner of Health to direct COVID-19 testing for all staff or to modify or eliminate visitation or leave for residents at any state, local, or voluntary not-for-profit congregate facility supervised or licensed by the Office of Mental Health, the Office of Addiction Services and Supports, the Department of Corrections and Community Supervision, the Office for People with Developmental Disabilities, or the Department of Health, on a regular to schedule or in order to control an outbreak as necessary; and
  4. Modifies testing and analysis privileges for pharmacists and laboratories.

The 202.91 Order continues Executive Order 202 and each successor Executive Order to 202 for thirty days until February 22, 2021.  The 202.91 Order also addresses priority groups that are currently eligible to receive the vaccine.  Specifically:

  1. Local health department and county governments must prioritize essential works in the 1b category (see https://covid19vaccine.health.ny.gov/phased-distribution-vaccine).
  2. Hospitals receive allocations for and must prioritize healthcare workers.
  3. Pharmacies are to prioritize individuals that are 65+.
  4. NYSDOH approved general population mass vaccination sites are to prioritize 65+ and essential workers in the 1b category.

Governor Cuomo issued Executive Order 202.90, dated January 12, 2021 (the “202.90 Order”).  A copy of the 202.90 Order is attached for your review.  Highlights of the 202.90 Order include:

  1. Continues the suspensions and modifications of law, and any directives unless otherwise superseded, modified or otherwise expired, made by Executive Order 202 and each subsequent successor Executive Order through January 29, 2021; and
  2. Expands the pool of professionals authorized to administer the COVID-19 vaccine.

The 202.89 Order continues the directives, not otherwise suspended by a subsequent directive, contained in Executive Orders 202.22 – 202.26, 202.32 – 202.35, 202.44, 202.45, 202.53, 202.57, 202.64, 202.69, and 202.73 – 202.75, as continued and contained in Executive Orders 202.80 and 202.81 (collectively hereinafter referred to as the “Continued Orders”) through February 6, 2021.  Below, please find a summary of the Continued Orders.

Additional highlights of the 202.89 Order include:

Any suspension or modification of law or directives contained in Executive Orders 202.23, 202.24, and 202.26 relating to the conduct of an election which occurred in 2020 are no longer suspended or modified;

  • Modifies the signature requirement for a village election occurring before July 1, 2021.  The signature requirements on an independent nominating petition for an independent nomination for the general election for any office that is not determined by statewide election shall be seventy percent of the statutory minimum provided for in Sections 15-108(6) or 6-206(4) of the Election Law. The signature requirements under Sections 15-108(6) and 6-206(4) are:
  • 100 signatures for villages that have a population of 5,000 or more;
  • 75 signatures for villages that have a population between 3,000 and 4,999;
  • 50 signatures for villages that have a population between 1,000 and 2,999; and
  • 5% of voters who voted in the last regular village election for villages that have a population of less than 1,000;
  • Modifies the Election Law to permit party caucus nominations for a village election to be conducted remotely in whole or in part as determined by the chair of such party; and
  • Modifies the Election and Town Law, as well as any provision of law related to a special district election and not administered by the County Board of Elections, to include the potential for contraction of Covid-19 as an illness for purposes of request or receipt of an absentee ballot.

Governor Cuomo issued Executive Order 202.88, dated January 4, 2021 (the “202.88 Order”).  A copy of the 202.88 Order is attached for your review.  Highlights of the 202.88 Order include:

  1. Requires that all flu and COVID-19 vaccinations for any individual (child or adult) be reported to the New York State Immunization Information System or the Citywide Immunization Registry within 12 hours of the administration of such vaccine;
  2. Requires any healthcare facility, provider, or entity that has been allocated and has received COVID-19 vaccines, to administer its supply of the vaccine within one week of its receipt.  Failure to do so may result in a fine of up to $100,000.00; and
  3. Modifies directives in Executive Orders 202.73, 202.40, and 202.30 to authorize the Commissioner of Health to set forth testing of all personal at nursing homes in any area of the state irrespective of location in a micro-cluster zone.

The 202.87 Order continues Executive Orders 202 – 202.21, 202.27 – 202.31, 202.38 – 202.43, 202.48 – 202.52, 202.55, 202.55.1, 202.56, 202.60 – 202.63, 202.67, 202.68, and 202.72 as continued and contained in Executive Order 202.79 for another 30 days through January 29, 2021.   Highlights of the 202.87 Order include:

  1. Municipalities may continue to hold virtual meetings and public hearings through January 29, 2021;
  2. Modifies Chapter 89 of the laws of 2020 to provide that any member otherwise qualified to receive an accidental death benefit who dies after December 31, 2020, shall be eligible to receive such benefit.  Chapter 89 amended various provisions of law to establish a COVID-19 accidental death benefit for New York State public employees;
  3. Continues to permit individuals to request an absentee ballot under the terms of Chapters 91 and 138 of the laws of 2020;
  4. Removes limits on working hours for physicians and postgraduate trainees;
  5. Suspends Sections 30.30 and 190.80 of the Criminal Procedure Law to the extent necessary to toll any time contained therein for the period during which the criminal action is proceeding on the basis of a felony complaint through arraignment on the indictment or on a superior court information and thereafter shall not be tolled; and
  6. Modifies the Arts and Cultural Affairs Law to allow an operator or operator’s agent to utilize a paperless ticketing system for an approved Department of Health demonstration program.

Highlights of the 202.86 Order include:

  1. Requires healthcare providers to require any person who is receiving the vaccine to provide information, including but not limited to, an attestation that they are a member of a specific priority group that has been determined by the Department of Health to be eligible to receive the vaccine;
  2. Subjects licensed healthcare providers to a civil penalty of up to one (1) million dollars per dose administered, if they administer the vaccine to an individual who has not certified to being a member of a priority group or where such provider otherwise has knowledge that the individual is not a member of the priority group.  Such licensed healthcare provider may also have their state-issued license revoked; and
  3. Authorizes retired physicians, registered professional nurses, licensed practical nurses, and nurse practitioners licensed to practice and in current good standing in New York State, but not currently registered in the State, to re-register through the use of an expedited automatic registration form and to waive any registration fee for the triennial registration period.

The 202.85 Order continues Executive Order 202.66 as continued and contained in Executive Orders 202.71 and 202.78, through January 26, 2021.  The 202.66 Order prevents the execution or enforcement of a judgment or warrant of eviction for residential property that was granted prior to March 7, 2020, through January 1, 2021, that has been issued against a residential tenant suffering financial hardship during COVID-19.

The 202.84 Order continues the suspensions and modifications of law, and any directives not superseded by a subsequent directive, contained in Executive Order 202.77, through January 22, 2021.

The 202.77 Order directed the Commissioner of Health to establish guidelines for accepting patients back to a nursing home or adult care facility after patients were released for a leave of absence or to visit friends or relatives.  This guidance is binding on facilities as required by Executive Order 202.30.  Executive Order 202.30 required the operator and administrator of all nursing homes and all adult care facilities, including all adult homes, enriched housing programs and assisted living residences, to test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, twice per week.    Any positive test shall be reported to the Department of Health by 5 PM on the day following receipt of such test result.  The 202.30 Order also mandated that an Article 28 general hospital shall not discharge a patient to a nursing home without first performing a diagnostic test for COVID-19 and obtaining a negative result.

The 202.83 Order continues the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, 202.59, 202.65, and 202.70,  (collectively hereinafter referred to as the “Continued Orders”), as continued and contained in Executive Order 202.76, through January 17, 2021.  Below, please find a summary of the Continued Orders.

In addition, the 202.83 Order:

  1. Modifies sections of the Real Property Tax law concerning persons with disabilities and limited incomes, and persons 65 years of age or over, that apply for tax exemptions.  The 202.83 order allows an assessing unit to adopt a resolution directing the assessor to grant appropriate exemptions to all property owners who received an exemption on the 2020 assessment roll, thus dispensing with the need for renewal applications from such persons, and further dispensing with the requirement for assessors to mail renewal applications to such persons;
  2. Relives healthcare providers of recordkeeping requirements to the extent necessary to respond to COVID-19.  Affords absolute immunity from liability to any person acting reasonably and in good faith under this provision that fails to comply with recordkeeping requirements;
  3. All suspensions of the Family Court Act remain in effect until the expiration of the 202.83 order, as extended or modified by a future Executive Order;
  4. Authorizes payment of rent relief as otherwise provided in the Covid-19 Rent Relief Act, without requiring that a tenant provide proof that they were paying more than 30 percent of gross monthly income toward rent prior to March 2020; and
  5. Modifies Section 1145 of the Tax Law to expand the authority of the Commissioner of Taxation and Finance to authorize the abatement of interest, for 91 days, for restaurants and other food service establishments that are required to file returns and remit sales and use taxes by December 21, 2020, for the sales tax quarterly period that ended on November 30, 2020, and that were required to cease indoor dining by Executive Order 202.81 or by Executive Order 202.68, because they are located in an area that was designated an “orange zone” on December 18, 2020.

Summary of Continued Orders

Executive Order # Date Issued Summary
202.36 June 2, 2020 Modified Executive Order 202.7 to allow for the opening of barbershops and hair salons, only to the extent and in regions consistent with Department of Health guidance promulgated for Phase Two industries reopening. Modified Executive Order 202.32 to allow any operator of an auto racetrack to operate beginning June 3, 2020, pursuant to Department of Health guidance. Modified Executive Order 202.35 so that 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 (see https://esd.ny.gov/guidance-executive-order-2026#:~:text=Outdoor%2C%20low%2Drisk%20recreational%20activities,boats%2C%20kayaks%2C%20canoes%3B%20and).
202.37 June 5, 2020 Addressed special education services.
202.46 June 30, 2020 Addressed various election matters.
202.47 July 3, 2020 Modified Sections 105 and 106 of the Alcoholic Beverage Control law to the extent they restrict, limit or otherwise impede the ability of a peace officer to enforce provisions of the Alcoholic Beverage Control Law.
202.54 July 30, 2020 Addressed various election and educational matters.
202.58 August 24, 2020 Addressed various election matters.  
202.59 August 28, 2020 Continued the suspensions, modifications, and directives, not superseded by a subsequent directive, made by Executive Order 202.26 (allowing outdoor, low-risk recreational activities), 202.37 (permitting in-person special education services), 202.46 (providing guidance on village and general elections), and 202.47 (enforcing the Alcoholic Beverage Control Law) through September 27, 2020.   Directed the Commissioner of Health to develop emergency regulations and comprehensive statewide protocols for the timely testing and reporting of all COVID-19 and Influenza cases.
202.65 September 23, 2020 Continued the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, and 202.59.
202.70 November 16, 2020 Continued the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, and 202.59; Continued the prohibition of 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 of such mortgage, through January 1, 2021; and Effective October 23, 2020, permitted movie theaters to open at 25% capacity with up to 50 people maximum per screen.  However, movie theaters in the New York City region, counties with infection rates above 2% over a 14-day average, and in counties with red cluster zones, continue to be closed.
202.76 November 19, 2020 The 202.76 Order continued the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, 202.59, and 202.65; Permitted any appearance at a criminal proceeding to be conducted virtually by electronic appearance with the consent of the parties, including but not limited to bench trials, evidentiary hearings, and/or probation or parole violation hearings; Modified the Public Authorities Law to permit public authorities to receive comments concerning proposed fare, toll, rental, rate, charge or other fee adjustments through remotely held public hearings; and Continued all suspensions of the Family Court Act pursuant to Executive Order 202.72 through December 18, 2020.  However, suspensions related to juvenile delinquency matters not involving a detained youth, or children involved in child abuse and neglect proceedings that have not been removed from their homes, will continue beyond December 18th).

The 202.82 Order addresses the need to facilitate the timely distribution and administration of the COVID-19 and flu vaccine in various settings throughout the State.  In particular, the 202.82 Order permits Points of Dispensing (“PODs”) that are under the medical supervision of licensed physicians, licensed physician assistants, or certified nurse practitioners, to utilize certain individuals or health professionals who are: (1) not currently authorized to administer vaccinations but who are licensed or certified pursuant to specific provisions of the Education Law or the Public Health Law; or (2) enrolled in an educational or training program pursuant to the Education Law or Public Health Law as specified in the 202.82 Order, to administer the COVID-19 and flu vaccines.

Additional Highlights of the 202.82 Order include:

  1. Suspends/modifies sections of the Education Law and NYCRR to the extent necessary to permit non-patient specific regimens to be prescribed, ordered to, and executed by certain medical staff for the administration of the COVID-19 vaccine.
  2. Under conditions, permits licensed pharmacists to administer the COVID-19 vaccine less than 90 days after approval of such vaccine by the FDA’s Center for Biologics Evaluation and Research.
  3. Under certain conditions, allows midwives, dentists, dental hygienists, podiatrists, emergency medical technicians, advanced emergency medical technicians, emergency medical technician-paramedics, registered professional nurses to administer the COVID-19 and flu vaccines;
  4. Waives the requirement of certain professionals to maintain and retain such records for those to whom they administer vacations against the flu or COVID-19, provided such professionals comply with all recordkeeping requirements directed by the Department of Health.
  5. Permits physician assistants and nurse practitioners to administer COVID-19 and flu vaccines at PODs without civil or criminal penalty related to a lack of a written practice agreement, or collaborative relationship with a physician.
  6. Suspends the requirement that persons 19 years of age or older must consent to have their immunization information reported to the New York State Immunization Information Registry (“NYSIIS) or the City Immunization Registry (“CIR”), so that for purposes of the 202.82 Order, the New York State Commissioner of Health or the NYC Commissioner of Health may include adult immunization information in NYSIIS or the CIR, as applicable, without consent, and subject to guidance issued from the NYS Department of Health.
  7. Requires all COVID-19 and flu vaccinations for any individual (child or adult) to be reported to the NYSIIS or CIR, as applicable, within 24 hours of administration of such vaccine.
  8. Modifies Executive Order 202.1 which allowed construction applications for temporary hospital locations and extensions to be approved by the Commissioner of Health without considering the recommendation of the health systems agency or the Public Health and Health Planning Council, to clarify that such temporary location and extensions may include temporary vaccination sites.
  9. Under certain conditions, allows students in certain medical programs, registered professional nursing programs, physician assistant programs, pharmacy programs, dentistry programs, podiatric medicine programs, and midwifery programs, and who have completed at least one year of clinical experience and received certain training, to administer COVID-19 and flu vaccinations.

The 202.81 Order continues the directives, not otherwise suspended by a subsequent directive, contained in Executive Orders 2022.22 – 202.26, 202.32 – 202.35, 202.44, 202.45, 202.53, 202.57, 202.64, and 202.69 as continued and contained in Executive Order 202.75, and Executive Order 202.74 (collectively hereinafter referred to as the “Continued Orders”) through January 10, 2021.  A summary of the Continued Orders is below.

Additional highlights of the 202.81 Order include:

  1. 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 of rent is continued until January 31, 2021.
  2. Effective Monday, December 14, 2020, indoor dining in New York City is prohibited.
  3. Effective Monday, December 14, 2020, gyms and fitness centers or classes located in “orange zones” may operate at 25% capacity subject to the strict adherence to Department of Health guidelines.
  4. Effective Monday, December 14, 2020, 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 located in “orange zones” may operate subject to strict adherence to Department of Health guidelines, provided that employees performing such services directly on, or to, customers receive diagnostic testing for COVID-19 on a weekly basis for the duration of time that the business remains in an “orange zone” and no employee provides any such services at a re-opened business without first obtaining a negative COVID-10 test result within the preceding 7 days of providing such service.

The following is a summary table of the enhanced public health restrictions for targeted zones with cluster-based Covid-19 cases:

Executive Order # Date Issued Summary
202.22 April 20, 2020 Section 1212 of the Real Property Tax Law, to the extent necessary to allow the commissioner of taxation and finance to certify final state equalization rate, class ratios, and class equalization rates, if required, no later than ten days prior to the last date set by law for levy of taxes of any municipal corporation to which such equalization rate, class ratios, and class equalization rates are applicable.  
202.23 April 24, 2020 The Commissioner of Health is authorized to suspend or revoke the operating certificate of any skilled nursing facility or adult care facility if it is determined that such facility has not adhered to any regulations or directives issued by the Commissioner of Health.
202.24 April 25, 2020 Authorizes licensed pharmacists to order and administer COVID-19 tests in patients suspected of a COVID-19 infection, or suspected of having recovered from a COVID-19 infection
202.25 April 29, 2020 Allows for the approval and certification by the Commissioner of Health of temporary dedicated birthing sites operated by currently-licensed birthing hospitals and currently-licensed birthing centers.   Allows a patient giving birth to have with them a support person who does not have symptoms of Covid-19 for the labor, delivery and also the remaining duration of the patient’s stay.   Authorizes general hospitals to perform elective surgeries and procedures pursuant to certain criteria as defined in the Executive Order.  
202.26 May 1, 2020 Addressed various election matters.
202.32 May 21, 2020 Section 1212 of the Real Property Tax Law, to the extent necessary to allow the commissioner of taxation and finance to certify final state equalization rate, class ratios, and class equalization rates, if required, no later than ten days prior to the last date set by law for levy of taxes of any municipal corporation to which such equalization rate, class ratios, and class equalization rates are applicable.  
202.33 May 22, 2020 Modified Executive Order 202.32 to permit any non-essential gathering of ten (10) or fewer individuals for any lawful purpose.
202.34 May 28, 2020 Gives discretion to business operators and building owners, and those authorized on their behalf, to ensure compliance with Executive Order 202.17 (requiring any individual over age two (2) 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).  This includes the discretion to deny admittance to individuals or to require or compel their removal if the individuals fail to cover their nose and mouth with a mask or cloth face-covering.  Business operators and building owners who enforce the mask/cloth face-covering directive shall not be subject to a claim of violation of quiet enjoyment, or frustration of purpose.  Nothing in the 202.34 Order limits the rights of the State and local enforcement authorities from imposing fines or other penalties for any violation of the mask/cloth face-covering directive.  
202.35 May 29, 2020 Lifted reductions and restrictions on the in-person workforce at non-essential Phase Two industries.
202.44 June 21, 2020 Allows: (a) tentative and final real property tax assessment rolls to be filed up to 30 days late; (b) hearing assessment complaints for tax assessing units to be at a date 21 days after the filing of the tentative roll; (c) notice of the tentative roll filing to be published online and to suspend in-person inspection of tentative rolls; and (d) the Board Boards of Assessment Review to hear complaints remotely.   Provides criteria to authorize general hospitals to perform elective surgeries, and allows general hospitals that do not meet the required criteria to seek a waiver of same.  
202.45 June 26, 2020 Modifies a provision of Chapter 25 of the laws of 2020 to the extent necessary to provide 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 shall not be eligible for paid sick leave benefits or any other paid benefits pursuant to this chapter if such employee voluntarily travels after June 25, 2020, to a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, and which the commissioner of the department of health has designated as meeting these conditions as outlined in Executive Order 205, and the travel was not taken as part of the employee’s employment or at the direction of the employee’s employer.   Allows gatherings of fifty (50) or fewer individuals for any lawful purpose or reason, so long as any such gatherings occurring indoors do not exceed 50% of the maximum occupancy for a particular indoor area, and provided that the location of the gatherings are in a region that has reached Phase 4 of the State’s reopening, and that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to.  
202.53 July 21, 2020 Continues the directive contained in Executive Order 202.45, which extended the provisions of Executive Orders 202.3 – 202.8, 202.10 – 202.14, 202.28, 202.31, 202.34, 202.35, and 202.41, which each closed or otherwise restricted public or private businesses or places of public accommodation and allowed regions to enter Phase Four of the State’s reopening.
202.57 August 20, 2020 Allowed a gym, fitness center or class, to operate as of August 24, 2020, subject to Department of Health guidance.  However, such activity may be postponed by the local chief executive consistent with Department of Health guidance. Allowed low-risk indoor arts and cultural activities to open in the New York City region, as of August 24, 2020, subject to adherence to Department of Health guidance.
202.64 September 18, 2020 Continued Executive Order 202.57 for another 30 days.  Continued the prohibition of 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 of such mortgage, through October 20, 2020.  
202.69 October 14, 2020 Continued directives extended by Executive Orders 202.57 and 202.64 until November 13, 2020. Annual safety inspections, and at least biennial emissions inspections, pursuant to the Vehicle and Traffic Law, shall no longer be suspended or modified as of November 3, 2020. The director of budget is authorized to withhold any funds appropriated in the FY20 Enacted Budget to or for, a public or nonpublic school or school district and/or a locality for the period of time that such school district, school, or locality is found to have been in violation of Executive Order 202.68 (Executive Order 202.68 created red, orange, and yellow zones imposing enhanced public health restrictions).
202.74 November 12, 2020 Non-essential private residential gatherings are limited to 10 or fewer individuals, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to; All liquor and wine stores must close at or before 10 PM; Restaurants, regardless if they are licensed by the State Liquor Authority, must cease in-person dining by 10 PM (however, restaurants may continue curbside takeout and delivery service after 10 PM); and Gyms/fitness centers must close to the public by 10 PM.
202.75 November 13, 2020 Continued the directives, not otherwise suspended by a subsequent directive, contained in Executive Orders 2022.22 – 202.26, 202.32 – 202.35, 202.44, 202.45, 202.53, 202.57, and 202.64 as continued and contained in Executive Order 202.69 through December 13, 2020

The Basics for Virtual Public Hearings – How to be Successful and Efficient

Posted on: May 21, 2020

By: Joshua Brookstein & Neera Roopsingh

The current pandemic is changing every aspect of life and in response, the legal community is adapting and changing accordingly.  A tenet of municipal governance is the requirement to hold public hearings and meetings.  Traditionally, such meetings were held in person.  Although, New York State law has allowed video meetings for a long time, agencies rarely utilized this option.  Under the Public Officers Law, board members could attend a public meeting via videoconference as long as the public notice of the meeting stated that video conferencing would be utilized, and that the notice identified the location of the meeting and that the public had the right to attend the meeting at any of the meeting locations.  However, since the COVID-19 pandemic, virtual meetings have become the norm, and may well become the method of choice for hearings for months ahead.  In response to the health crisis, Governor Cuomo has issued Executive Orders which temporarily dispenses with the requirement for the public to physically be present at a meeting or public hearing.[1] The Governor’s Executive Orders have also allowed for teleconference hearings that aren’t otherwise allowed under the applicable statute.    

Proper notice has always been, and will remain, a strict requirement under the law.  Municipalities conducting a virtual public hearing would be well advised to continue strict adherence to this requirement.  Further, notice of virtual hearings require additional information not ordinarily included in a notice of in- person hearings.  Notice for a virtual hearing should contain:

  • The name of the public body holding the hearing;
  • The date and time of the hearing;
  • The method that the public body will be utilizing to conduct the hearing, i.e. videoconference or teleconference;
  • Means by which the public can view or listen to the hearing (i.e. conference call number, Zoom Meeting ID and Password); and
  • The manner in which an individual may submit comment, for example via e-mail,  the deadline to receive such comments, or whether the hearing will be held open for a specific number of days to receive such comment, and that the written comments will be made part of the record.

Meeting minutes are still required, and it is best practice to have a stenographer present during the hearing as meetings must be recorded and transcribed. 

Regardless of which  platform (Zoom, Microsoft Teams, conference call etc.),the public body will utilize to conduct the hearing, it may be a worthwhile investment to hold a “test meeting”, especially if that meeting is your first virtual meeting.  A “test meeting” will allow municipal staff and public body members to practice and gain familiarity with the platform being used and to formulate a plan of contingencies based on technological problems which arise during the test.  From a practical standpoint, it can also help Board members practice identifying themselves before speaking so that the record is clear.  Holding a test meeting will also help ensure that every Board member can connect to the platform and use the microphone and camera to guard against any potential quorum issues that can arise due to not being able to log on.  A test can also ensure that the host of the meeting can control the microphones of participants, so as to help keep the lines of communication open and the record clear.  It will also allow the Board members and staff to practice sharing their screen, to display exhibits, documents, or plans should the need arise during the actual meeting.  Even more importantly, however, it will allow for practice in addressing public comments during the hearing, such as having members of the public sign up to speak so that individuals are not speaking over each other.  This will ensure that the public has the opportunity to voice any opposition, support or concern for any proposed project or issue contemplated by the hearing, thus ensuring a “meaningful opportunity” to be heard.  In turn, the Board would be fully aware of the public sentiment around the issue they are tasked with considering. 

The importance of getting the necessary documents, such as exhibits and plans, prepared and submitted to the public body, i.e. the Village Clerk or Secretary to the Zoning Board, well in advance of the hearing date is also vitally important.  It will allow the Clerk or Secretary of the Board to ensure that these documents are readily available for display and review by the public during the hearing. 

Finally, applicants should have their presentations prepared in advance.  Virtual meetings tend to take longer than in person meetings, technical issues inevitably arise, participants talk over each other, and it is easy for a record to get muddled.  Prepared presentations will allow an applicant to stay on track and not inadvertently miss any of the presentation’s key points or standards of law.  It will allow an applicant to make sure the record is complete so that the Board has all the information they need to render a decision.  A clear and complete record will also prove helpful to the applicant should an appeal be necessary.  The Statute of Limitations for an Article 78 petition challenging a Board’s decision, regardless of how the meeting was conducted, is 30 days and failure to comply is fatal to any challenge regardless of the merits.  Governor Cuomo’s Executive Order 202.8 and subsequent orders have tolled this Statute.  So, although a municipal board may conduct virtual hearings and render decisions, currently an aggrieved applicant has a longer window to appeal.  

[1]. Governor Cuomo’s Executive Order No. 202.1 suspends this requirement of the Open Meetings Law, to allow a public body to hold meetings and hearings without allowing the public to be physically present at the meeting.  The order also authorizes public bodies to meet remotely by conference call or similar service.  Once the Executive Order expires, public notice of a virtual hearing will have to include the locations from which the board members will be participating and state that the public has the right to attend the meeting at any of the meeting locations.

NEW YORK RESPONDING TO COVID-19 UPDATES

Posted on: April 15, 2020

Most recent New York State proposed and enacted legislation in response to COVID-19.

SB 7506  Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2020-2021 state fiscal year, including several measures to respond to and mitigate the impact of the COVID-19 outbreak and to provide temporary relief to individuals. Enacted. 


SB 7508  Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2020-2021 state fiscal year, including measures responding to the COVID-19 outbreak. Enacted. 

SB 7500  Makes appropriations for the support of government – State Operations Budget, including funds for transfer by the governor for services and expenses related to the outbreak of COVID-19. Eligible for Governor. 


SB 7503  Makes appropriations for the support of government – Aid to Localities Budget, including funds to support the state response to COVID-19 related to elementary and secondary education, and public transportation services. Eligible for Governor. 

SB 8167  An Act to amend the Labor Law, in relation to eligibility for unemployment benefits for certain persons under quarantine for COVID-19.  Specifically, the act would provide benefits to any employee who is under mandatory or voluntary quarantine as a result of COVID-19.  Individuals shall not be required to participate in reemployment services or use vacation time while under quarantine. Pending.

SB 8171  Extends the provisions found in Section 3000-a of the Public Health Law (Good Samaritan Law) to any individual or non-profit organization who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment to an individual who is suffering and or has been infected with COVID-19. Pending.


SB 8176  Authorizes the New York state thruway authority to eliminate all tolls on the New York state thruway for trucks and delivery vehicles transporting essential supplies, including but not limited to, medicine, medical supplies, cleaning products, food, beverages and construction equipment, in response to the outbreak of the COVID-19 pandemic. Pending.


SB 8179  Relates to providing relief for business owners and employers affected by COVID-19. Pending.

SB 8182  Authorizes licensed pharmacists to administer an approved vaccine for COVID-19. Pending.

SB 8184  Establishes tiers of essential employees during a state of emergency. Pending.

SB 8186  Establishes a $1000 COVID-19 convalescent plasma donation tax credit for taxpayers who donate COVID-19 convalescent plasma to a clinical laboratory or blood bank. Pending.


SB 8190  An Act to establish the Emergency Coronavirus Affordable Housing Preservation Act of 2020  to implement protections to reduce the harm to New York residents and ensure safe, decent, sanitary, affordable housing and financial stability during the novel coronavirus disease, COVID-19, crisis and all other public emergencies. Pending.


SB 8192  Provides that no default in the payment of rent due or judgment of possession shall be entered between March 7, 2020 and a date six months after the expiration of the state disaster emergency. Pending.

SB 8193 An Act amend the real property tax law, in relation to authorizing a municipality to provide for the payment of delinquent taxes.  Pending.

SB 8196  Establishes a tax credit for first responders during COVID-19, outbreak. Pending.


AB 8686  An act to amend the state finance law, the financial services law and the New York state urban development corporation act, in relation to establishing the empire state inclusive value ledger establishment and administration act.  The act would create a master account and system of individual wallets to make and receive payments to state entities and residents of the state; authorizes the disbursement of a portion of unclaimed remittances to workers who have been furloughed or unable to work due to Coronavirus. Pending. 

AB 10169  Amends the Election Law to authorize absentee voting where a voter is unable or averse to appear personally at the polling place because of an imminent, impending or urgent threat resulting from a disease outbreak, including but not limited to COVID-19. Pending. 


AB 10182  Extends the renewal of driver’s licenses, non-driver identification cards and inspections of motor vehicles for three months. Pending.


AB 10204  Amends the Retirement & Social Security Law; relates to the retiree earnings cap for health care workers during a declared public health related state of emergency declared by the governor. Pending.

AB 10207  Establishes that all voting for the April 2020 presidential primary be conducted by absentee ballot; no application for such shall be necessary and the local board of elections shall provide such ballot at least 15 days prior to April 28, 2020. Pending.

AB 10208  Establishes the Coronavirus Pandemic Small Business and Not-For-Profit Organization Loan Program. Pending.

New York State Legislation Responding to COVID-19

Posted on: April 2, 2020

SB 7919  Temporarily expands the definition of disaster in state law to include disease outbreak and permits the Governor to issue any directive necessary to respond to a state disaster emergency. Makes an appropriation of $40 million from the State Purposes Account of the General Fund for responding to the outbreak of coronavirus disease. Enacted.

SB 8091  Provides provisions for certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. Enacted.

Summary:

  • The bill provides protections for employees of private and public employers who are subject to a mandatory or precautionary order of quarantine related to COVID-19 (“quarantine”).
  • Employees working for an employer with 1-10 employees, subject to quarantine will receive unpaid sick days until termination of quarantine and will immediately qualify for paid family leave and temporary disability benefits, plus full job protection.
  • Employees working for an employer with 11-99 employees and employers with 1-10 employees with a net income of $1 million a year, subject to quarantine will receive five paid sick days and will immediately qualify for paid family leave and temporary disability benefits, plus full job protection.
  • Employees working for an employer with 100 or more employees, and public employees, subject to quarantine will receive paid sick days for the entirety of the quarantine (up to 14 days), plus full job protection.
  • Employees will qualify for paid family leave to care for a minor dependent child who is subject quarantine.
  • This law goes into effect immediately.

SB 7996/AB 10189  An act to amend the Education Law, in relation to the attendance of minors upon full day instruction and the conditions under which districts, including the city school district of the city of New York, are entitled to an apportionment of state aid and the closure of schools due in response to COVID-19.  The Bill provides that school districts are entitled to an apportionment of state aid for the closure of schools due in response to the novel coronavirus, even when no state of emergency has been declared.  Pending. 

SB 8014  An act in relation to providing that certain schools shall experience no financial harm for reduced enrollment or inability to operate for the full 180 session days due to the outbreak of COVID-19.  The bill provides that certain schools receive tuition payments from the state for any period of time such schools are required to close in response to the outbreak of COVID-19. Pending. 

SB 8041/AB 10172  Amends the Volunteer Firefighters’ Benefit Law and the Volunteer Ambulance Workers’ Benefit Law, in relation to COVID-19 exposure during a state of emergency.  The bill proposes to amend the applicable laws so that a volunteer firefighter or volunteer ambulance worker who during the course of their duties is exposed to COVID-19 would be eligible for immediate testing and treatment.  Any condition, impairment of health, or death resulting from COVID-19 would be covered by the volunteer firefighters benefit law or volunteer ambulance workers’ benefit law. Pending. 

AB 10169  Amends the Election Law; authorizes absentee voting where a voter is unable or averse to appear personally at the polling place because of an imminent, impending or urgent threat resulting from a disease outbreak, including but not limited to COVID-19. Pending. 

AB 10182  Extends the renewal of driver’s licenses, non-driver identification cards and inspections of motor vehicles for three months. Pending.

AB 10204  Amends the Retirement & Social Security Law; relates to the retiree earnings cap for health care workers during a declared public health related state of emergency declared by the governor. Pending.

AB 10207  Establishes that all voting for the April 2020 presidential primary be conducted by absentee ballot; no application for such shall be necessary and the local board of elections shall provide such ballot at least 15 days prior to April 28, 2020. Pending.

AB 10208  Establishes the Coronavirus Pandemic Small Business and Not-For-Profit Organization Loan Program. Pending.

SB 8107  Requires SUNY and CUNY schools to refund students for housing credits and boarding charges used or charged for the period of time when such schools are closed or shut down due to the coronavirus pandemic. Pending.

SB 8110  An act to amend the economic development law, in relation to establishing the small business containment assistance program; and making an appropriation therefor.  The amendment aims to provide small businesses within COVID-19 designated containment area grants up to $10,000 per business to help offset lost revenue due to the impact of being located within the zone.  Pending.

SB 8109  This bill would suspend mortgages and loans from state-chartered banks and state-chartered credit unions for small businesses and restaurants that have closed or reduced services due COVID-19. Pending.

SB 8112/AB 10160  Amends the Election Law; decreases the number of signatures needed for designating petitions and independent nominations by one-third for political subdivisions, wholly or in part, within a county in which one or more residents have been confirmed to be diagnosed with COVID-19 for year 2020. Pending.

SB 8117  Relates to a presumption regarding impairment of health caused by COVID-19 and in relation to sick leave. Provides police, sheriffs, corrections, parole and probation officers with medical care coverage and sick leave if such employee is exposed to COVID-19 while working and then tests positive for COVID-19. Pending.

SB 8118/AB 10183  Amends the General Business Law; prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to COVID-19. Pending.

SB 8119  Amends the transportation Law; relates to paratransit services within the state and city of New York during the coronavirus disease 2019 (COVID-19) pandemic. Pending.

SB 8122  Authorizes the New York City Department of Finance to extend until June 15, 2020, the deadline for the filing of applications and renewal applications for certain real property tax abatement programs in the interest of the health and safety of the public due COVID-19.  Pending.

SB 8123  Permits any individual to receive free COVID-19 testing; provides that such individuals may be tested anonymously and no identifying information shall be provided to any non-medical state or federal agency. Pending.

SB 8124  Requires airlines and travel insurance companies to provide refunds for travel cancelled due to COVID-19. Pending.

SB 8125  Suspends all rent payments for certain residential tenants and small business commercial tenants if such tenant has lost employment or was forced to close their place of business and certain mortgage payments for landlords of such tenants in the state for ninety days following the effective date of this act in response to the outbreak of COVID-19. Pending.

SB 8126  Amends the Retirement & Social Security Law; relates to the retiree earnings cap for health care officials and workers during a declared public health related state of emergency declared by the governor.  Specifically, the amendment would allow State and Local Governments to hire retired public health officials and workers provided that these workers continue to be employed for the purposes of fighting the COVID-19 virus.  Pending.

SB 8139  An act to suspend rent payments for certain tenants in response to the outbreak of coronavirus; and to amend the state finance law, in relation to establishing the COVID-19 rental assistance fund.  Specifically, the act would; (1) suspend rent payments for tenants who have lost earned income or had their businesses shut down due to COVID-19 and instead requires payment at 30% of their actual income during the emergency; (2) provides for aid, administered by Homes and Community Renewal, to property owners that receive less rental income due to this act; (3) prohibits the filing of new petitions to commence eviction proceedings for 30 days after the end of the COVID-19 state of emergency.  Prevents landlords to use late or reduced rent payments as the basis of a summary holdover proceeding for the chronic nonpayment of rent; and (4) establishes a COVID-19 Rental Assistance Fund to provide aid to property owners using unrestricted emergency federal aid and any other funds available from the state.  Pending.

SB 8140  The bill proposes to amend the public housing law by providing for a COVID-19 emergency rental assistance program.  To bill would provide emergency rental assistance to tenants suffering a substantial loss of income due to the outbreak of COVID-19.  Pending. 

AB 10226  This bill is intended to hold harmless businesses who currently hold business interruption insurance, for losses sustained as a result of the current COVID-19 health emergency, but for which no such coverage is currently offered. 

Section 1 of the Bill which I think is pertinent for our purposes reads as follows: “provides a mechanism by which certain businesses that suffer losses due to interruption as a result of the COVID-2019 pandemic may recover those losses from their insurer if they had a policy of business interruption insurance in force on March 7, 2020, the date on which the Governor declared a Public Health Emergency and State of Emergency in Executive Order 202. The bill would apply to businesses covered by such a policy with less than 100 eligible employees in the State of New York. “Eligible employee” is defined as a full-time employee who works a normal work week of 25 or more hours.   Pending. 


AB 10227  Amends the Election Law; relates to moving the date of the presidential primary to June 23, 2020; permits absentee voting in the event of an imminent, impending or urgent threat resulting from a disease outbreak; removes certain presidential candidates and their delegates from primary ballot where the candidate has suspended their campaigns or removed themselves from consideration for election to such office. Pending. 

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