Coronavirus Regulations: Week In Review State By State

By Jeannie O'Sullivan
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Law360 (April 7, 2020, 8:57 PM EDT) -- State COVID-19 measures continue to evolve along with the pandemic's positive cases and death toll, with actions this past week that expanded Delaware's list of nonessential businesses and extended brick-and-mortar closures in Massachusetts into May. The hospitality industry, which includes app-based companies like Airbnb Inc., took a hit with the temporary ban of short-term rentals in Delaware and New Jersey.

However, good news for the economy came in the form of tax relief in California and Florida, a $50 million infusion into California's small business loan fund and the relaxation of professional license requirements for essential workers in New Jersey and Texas. In a plus for thirsty Pennsylvanians, shuttered state-controlled liquor stores can now conduct online sales.

Click for state-by-state data on COVID-19 legislation and executive orders, powered by Lexis Nexis.

Other states enacted social distancing measures, updated inmate release guidelines and allowed rental deferrals.

Here's a breakdown of some COVID-19-related state measures from the past week.

California

In a slew of April 2 orders, Gov. Gavin Newsom announced a $50 million budget allocation to the state's Infrastructure and Economic Development Bank for loan guarantees to small businesses that normally wouldn't qualify for federal funds, along with a one-year deferral of up to $50,000 in sales and use taxes. He also announced that the state will receive $10 million to assist its displaced workers through the federal Workforce Innovation and Opportunity Act.

As of April 3, California health care providers could administer treatment via video without risking penalty.

Delaware

Delaware on April 1 extended the 10-person limit for gatherings to May 15 and issued new orders for essential business that remain open. Under an executive order by Gov. John Carney, businesses must restrict on-site customers to 20% of their fire capacity and to 10% during special shopping hours reserved for high-risk populations. Also, those businesses must discontinue offering self-serve foods and product sampling and clearly mark six-foot spacing in high-traffic areas and points of sale.

As of April 6, pawnshops, video game stores and other electronics retailers had to close, and short-term rentals were banned through May 15. Exemptions include certain essential workers and victims of domestic violence who need alternative shelter. Carney's executive order also banned door-to-door solicitation.

On April 7, Carney said that previously scheduled annual shareholder meetings can be held virtually.

Florida

Florida Gov. Ron DiSantis on April 3 halted the assessment and collection of state taxes on Small Business Administration loans.

On April 2, DiSantis paused timelines related to foreclosures and evictions and also released a definitive list of essential businesses allowed to operate.

As of March 31, Broward County and Palm Beach County beaches were closed until further notice.

Illinois

Illinois on April 1 released formal definitions of essential businesses allowed to operate in the health care field. Gov. J.B. Pritzker issued an executive order declaring health care workers immune from civil liability for injury and deaths, unless caused by gross negligence or willful misconduct.

As of April 6, Illinois prison officials have the discretion to allow medically vulnerable inmates to temporarily leave corrections facilities.

Massachusetts

Massachusetts Gov. Charlie Baker on March 31 extended the closure orders for non-essential businesses to May 4. The Baker administration also updated its essential services list to include members of supply chains that support essential businesses, add chiropractors and optometrists and deem certain disinfectant and sanitation services workers to be essential.

Massachusetts public beach parking areas were closed as of April 3, but the beaches are open for activities such as walking, jogging, biking and solitary fishing.

New Jersey

The New Jersey Division of Consumer Affairs got the green light April 3 from Gov. Phil Murphy to temporarily reactivate the licenses of recently retired health care professionals and grant temporary licenses to doctors licensed in other countries. Murphy's order also allows health care professionals to perform acts outside of their ordinary scope of practice and grants broad good-faith civil immunity to individuals and facilities providing COVID-19 response services.

On April 5, Murphy and State Police Superintendent Patrick Callahan gave municipalities permission to restrict the acceptance of new guests in short-term hotels, motels, guesthouses and private residences as of April 5.

New Jersey public parks and state forests were closed until further notice on April 7.

New York

New York Gov. Andrew Cuomo on April 7 ordered health care facilities to begin providing the state's Department of Health with an inventory of their medical equipment, including personal protective equipment, ventilators, respirators and anesthesia.

On April 6, New York extended nonessential business closures through April 29.

New York playgrounds were closed as of April 1.

Pennsylvania

Pennsylvania had shut down all of its state-controlled Fine Wine & Good Spirits stores in March, but on April 1 began allowing a limited number of online sales.

Texas

Qualified Texas emergency medical services providers can provide critical services to patients even if they are not licensed, according to an April 2 order from Gov. Greg Abbott. On April 5, Abbott said temporary emergency licenses may be granted to physician assistants, medical physicists, perfusionists and respiratory care candidates who have completed their required coursework. The emergency licensees must undergo name-based background checks since fingerprint checks are unavailable.

To provide rental assistance to Texas residents, Abbott announced on April 1 that the state housing officials have asked the U.S. Department of Housing and Urban Development for permission to use funds from HUD's HOME Investments Partnership program for COVID-19 relief.

--Editing by Brian Baresch and Alanna Weissman.

For a reprint of this article, please contact reprints@law360.com.

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