07 Jul Executive Order continues limits on visitation

The Governor has released Executive Order 202.48  that, among other things, continues the state’s visitation limits for our homes. The policy restricting visitors unless the recently implemented attestation process is followed will continue beyond July 6.

Also, for child care providers licensed under social services law, this latest executive order rescinds the exemption from the criminal background check process.  This does not affect OPWDD programs which are authorized under mental hygiene law – those exemption rules remain in place.

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The Executive Order also continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued and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.

Further, the provisions of Articles 11-A and 11-B of the State Finance Law, and any regulations authorized thereunder, to the extent necessary to respond to the direct and indirect economic, financial, and social effects of the COVID-19 pandemic are suspended or modified through August 5, 2020.

The Executive Order discontinues, as of July 7,  the following suspensions, modifications, and directives made by previous Executive Orders, and such statutes, codes, and regulations are in full force and effect:

• The directive contained in Executive Order 202.28, as extended, that prohibited initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent or a foreclosure of any residential or commercial mortgage, for nonpayment of such mortgage, is continued only insofar as it applies to a commercial tenant or commercial mortgagor, as it has been superseded by legislation for a residential tenant, and residential mortgagor, in Chapters 112, 126, and 127 of the Laws of 2020;
• The suspension which allowed for the Commissioner of Education to reduce instructional days, as such suspensions and directives have been superseded by statute, contained in Chapter 107 of the Laws of 2020;
• The suspension permitting providers to utilize staff members transport individuals receiving services from the Office of Mental Health or a program or provider under the jurisdiction of the Office of Mental Health during the emergency;
• The suspensions allowing the director of the Authorities Budget Office to disregard deadlines due to a failure by a State or local authority to meet the requirements proscribed during a state of emergency, are continued only insofar as they allow a State or local authority a sixty day extension from the original statutory due date for such reports;
• Section 390-b of the Social Services Law and regulations at section 413.4 and 415.15 of Title 18 of the NYCRR, relating to criminal history review and background clearances of child care providers;
• Subdivision 8 of section 8-408 of the Election Law, relating to absentee voting by residents of nursing homes, residential health care facilities, facilities operated or licensed under the Department of Mental Hygiene, hospitals, or facilities operated by the VA;
• Subdivision (28) of Section 171 of the Tax Law, to the extent that the Commissioner has extended any filing deadline;
• The directive related dispensing hydroxychloroquine or chloroquine, as recent findings and the U.S. Food & Drug Administration’s revocation of the emergency use authorization has alleviated supply shortages for permitted FDA uses of these medications;
• Business Corporation law sections 602, 605, and 708, as such suspensions have been superseded by statute, as contained in Chapter 122 of the Laws of 2020;
• Banking Law Section 39 (2), as such suspension has been superseded by statute, as contained in Chapters 112 and 126 of the Laws of 2020, as well as the directives contained in Executive Order 202.9;\
• Insurance Law and Banking Law provisions suspended by virtue of Executive Order 202.13, which coincide with the expiration of the Superintendent’s emergency regulations;
• Sections 3216(d)(1)(c) and 4306 (g) of the Insurance Law, and any associated regulatory authority provided by directive in Executive Order 202.14, as the associated emergency regulations are no longer in effect;
• The suspension requiring a personal appearance of the defendant, and there is consent, in any jurisdiction where the Court has been authorized to commence in-person appearances by the Chief Administrative Judge; provided further that the suspension or modification of the following provisions of law are continued:
  • The 20-day timeframe for the return date for a desk appearance ticket is extended to 90 days from receiving the appearance ticket;
  • The 45-day time limit to present a matter to the grand jury following a preliminary hearing or waiver continues to be suspended and is tolled for an additional 30 days;
  • Speedy trial time limitations remain suspended until such time as petit criminal juries are reconvened or 30 days, whichever is later;
  • Suspending the Criminal Procedure Law that would prohibit the use of electronic appearances for certain pleas, provided that the court make a full and explicit inquiry into the waiver and voluntariness thereof;
  • Allowing an incarcerated defendant to appear virtually with his or her counsel before the grand jury to waive immunity and testify in his or her own defense, provided the defendant elects to do so;
  • Suspending the Criminal Procedure Law, as modified by Executive Order 202.28, is hereby continued for a period not to exceed 30 days in any jurisdiction where there is not a grand jury empaneled; and when a new grand jury is empaneled to hear criminal cases, the criminal procedure law shall no longer be suspended beginning one week after such grand jury is empaneled;
  • Suspending the protective orders to be utilized at preliminary hearings, is continued for 30 days;
  • Suspending the use of electronic appearances for felony pleas, or electronic appearances for preliminary hearings or sentencing in extended for 30 days.