Summary of Executive Orders 202.41 and 202.42

Summary of Executive Orders 202.41 and 202.42

6.16.2020

By Adriel Colón-Casiano

On June 13, 2020, Governor Andrew Cuomo issued Executive Order 202.41. On June 15, 2020, the Governor also issued Executive Order 202.42. Both Executive Orders invoke new powers from a law passed to combat the COVID-19 pandemic to temporarily suspend or modify laws necessary to assist or aid in coping with a declared State disaster emergency. On March 3, 2020, the Governor signed into law legislation that expanded his authority to temporarily suspend, modify, or issue directives in response to a declared State disaster emergency.

The Governor continued a series of directives set to expire from Executive Order 202.31. This included directives related to regional applications of the Phase One process of the reopening plan as well as metrics related to qualify as a Phase One industry.

The Governor modified a directive from Executive order 202.7 to allow for the reopening of salons, tattoo parlors, piercing parlors, and related personal care services consistent with Department of Health guidance promulgated for a Phase Three reopening.

The Governor extended provisions of Executive Order 202.35. The Governor also modified Executive Order 202.35 effective June 12, 2020, to no longer apply reductions and restrictions on the in-person workforce at non-essential businesses in Phase Three industries in eligible regions and for such industries to include restaurants, food services, and personal care. Businesses in Phase Three industries must still operate subject to guidance promulgated by the Department of Health.

As of June 12, 2020, the following regions meet the public health and safety metrics for a Phase Three reopening; Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Additional regions which later meet the criteria will be deemed incorporated into Executive Order 202.41.

Under Executive Order 202.42, the Governor amended Executive Order 202.38 to allow for non-essential gatherings of 25 or fewer individuals provided the location of the gathering is in a region that has met the Phase Three requirements for reopening and that appropriate protocols promulgated by the Department of Health are adhered to.

Under the newly enacted law, the Governor has the power to suspend, modify, or issue directives during a declared emergency for 30-days which may be extended for an unlimited number of 30-day periods with consent of the legislature after each subsequent period. Unless the Governor elects to extend the suspension or directives, Executive Order 202.41 will expire on July 13, 2020. Executive Order 202.42 will expire on July 15, 2020.