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COVID-19: State of Connecticut Governor's Executive Orders

State of Connecticut Governor's Executive Orders

Executive Order No. 7DDD:
  • Extends protection for residential renters affected by COVID-19
    • No notice to quit or service of summary process before August 22
    • Extended opportunity to apply additional security deposit to rent, upon request
Executive Order No. 7CCC:
  • Clarifies time periods in Executive Order 7I, Section 15
    • Provides that and Board of Assessment Appeals may extend application deadlines only if it has not yet completed its duties pursuant to Sections 12-110, 12-111 and 12-117 of the Connecticut General Statutes and filed its grand list reports pursuant to Section 12-120 of the Connecticut General Statutes with the Office of Policy and Management, which must be completed by July 10, 2020 for any non-motor vehicle appeals on the October 1, 2019 grand list.
  • Extends time period for fire service personnel examinations
  • Authorizes issuance of duplicate licenses and identity cards
Executive Order No. 7BBB:
  • Imposes a self-quarantine by travelers from states experiencing high infection rates
    • All travelers entering Connecticut from 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, shall self-quarantine for a period of 14 days.
    • As of this date, June 30, 2020, the states on the list include:
      • Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas, Utah, California, Georgia, Iowa, Idaho, Louisiana, Mississippi, Nevada and Tennessee.
  • Amends deadline for candidates to withdraw from presidential primary
  • Accelerates date to finalize order of names on presidential preference primary ballot
  • Provides for a temporary commercial pesticide junior operator certification
  • Grants authority to Commissioner of Early Childhood to modify enhanced health procedures in child care and day camps
Executive Order No. 8:
  • Prevents the Connecticut State Police from using chokeholds, strangleholds, arm-bar control holds, lateral vascular neck restraints, carotid restraints, chest compressions, or any other tactic that restricts oxygen or blood flow to the head or neck
  • Authorizes the Department of Emergency Services and Public Protection to review the Connecticut State Police Administrative and Operations Manual, and to update it where necessary
  • The Department of Emergency Services and Public Protection shall, in addition to the Resident State Trooper program, appoint and train one or more troopers in each Connecticut State Police Troop as community trust liaisons and instruct said liaisons to assist those Troops in building relationships with residents and community-based organizations
  • The Department of Emergency Services and Public Protection shall not purchase or otherwise acquire military and military-style equipment from the federal government until further notice.
  • The Department of Emergency Services and Public Protection shall, by January 1, 2021, equip every Connecticut State Police uniformed trooper with a body camera and every Connecticut State Police marked vehicle with a dashboard camera.
Executive Order No. 7AAA:
  • Repeals Executive Order No. 7ZZ, Section 8 in its entirety and replaces it with new language
    • Reopening of Public Amusements. Executive Order No. 7F, Section 2 is repealed. Places of Public Amusement, as defined by that order, shall be permitted to operate pursuant to the DECD Sector Rules applicable to each business, which Sector Rules shall be legally binding and enforceable. Executive Order No. 7F, Sections 3, 4, and 5 shall remain in effect for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated
  • Authorizes the Commissioner of Early Childhood to modify or remove the limitation on the number of children permitted in one space within a child care facility, and the total number of children that a child care facility may provide care for
  • Waives requirement to hold annual agricultural fair and reporting requirement to maintain agricultural society property tax exemption
  • Requires Mandatory COVID-19 testing for staff, subject to various restrictions and requirements, of private and municipal nursing home facilities, managed residential communities, and assisted living services agencies
Executive Order No. 7ZZ:
  • Lifts prohibition on temporary lodging
    • Hotels and other commercial lodging, including commercially operated timeshares or multi-unit lodging that operate like hotels or employ staff on site, shall operate in accordance with DECD Sector Rules for Hotels/Lodging
  • Permits social and recreational gathering pursuant to DECD Rules for Gatherings and Venues and Sector Rules for Outdoor Events
  • Provides that a violation of the Rules for Gatherings and Venues shall be a public nuisance
  • Permits indoor dining pursuant to DECD Sector Rules for Restaurants
    • The sale of alcohol by certain vendors without the sale of food, shall remain in effect through July 20, 2020
    • The rules for restaurant takeout and delivery shall remain in effect
  • Allows holders of Hotel Liquor permits to sell alcoholic beverages consistent for pickup or delivery consistent with the requirements on other permit holders as set forth in prior executive orders and the DECD Sector Rules for Restaurants
  • Resumes personal services (barbershops, hair salons, tattoo/piercing parlors, and related public businesses)
    • Executive Order No. 7G, Section 4, is repealed. All businesses or services subject to that order shall be permitted to operate pursuant to the DECD Sector Rules for Personal Services
  • Reopens Gyms, Sports, Fitness and Recreation Facilities and Movie Theaters subject to DECD Sector Rules applicable to each business
  • Reopens Public Amusements subject to DECD Sector Rules applicable to each business
  • Restrictions on Off-Track betting extended through July 20, 2020
  • Extends essential business rules, as amended by Executive Order No. 7PP, through the public health emergency
  • Clarifies Executive Order No. 7MM
    • Any activity permitted pursuant to the expedited approval process provided in Executive Order No. 7MM shall be permitted to continue operating in accordance with such process for the duration of the public health emergency, subject to existing laws, regulations, executive orders, and any orders issued pursuant to an executive order, and therefore shall not be subject to any local restriction on its duration prior to the expiration of such emergency declaration
  • Extends remote notarization for the duration of the public health emergency
Executive Order No. 7YY:
  • Resumes Supreme and Appellate Court requirements and deadlines
  • Permits certain dealers, who are authorized by DMV, to issue new registrations for the following vehicles: passenger, camper, camp trailers, commercial (up to 64,500 pounds), combination, and motorcycles that are purchase through casual sales
    • Dealers may charge the registrant a fee, not to exceed $25, for registering the vehicle through the dealer online process
  • Extends, by sixty days, the time limitation for a beneficiary designated on an individual motor vehicle owner’s registration document to apply for a title and registration if the individual owner has died during the public health crisis
  • Waives temporary registration fee for any person who purchased a motor vehicle on or after March 10
    • DMV may charge the use tax upon issuing a permanent registration for said vehicle
  • Permits DMV to postpone proficiency testing of licensed driving instructors
  • Extends time for driving instructors to submit medical certification
  • Authorizes DMV to replace classroom or in-person training with online training, subject to certain restrictions
  • Permits marine dealers to issue permanent vessel registrations and certificates of decal upon the sale or transfer of a vessel
  • Repeals Executive Order No. 7E, Section 2 thereby reinstating Section 29-17c(a) of the Connecticut General Statutes, which prohibits employees of a municipal police department or the Division of State Police within the Department of Emergency Services and Public Protection from refusing to collect the fingerprints of a person requesting such fingerprinting for the purposes of a criminal history records check
Executive Order No. 7XX:
  • Modifies safety rules for drive-in religious gatherings
  • Provides safety rules for drive-in graduations
  • Suspends involuntary discharge of nursing facility residents who may be discharged to homeless shelters, except in emergency situations with respect to COVID-19 recovered discharges
  • Suspends involuntary discharge of residential care home residents who may be discharged to homeless shelters, except in emergency situations
Executive Order No. 7WW:
  • Modifies the petitioning process for ballot access for petitioning candidates and candidates petitioning under party designation per Section 9-453 and 9-453u
  • Amends the petition process for ballot access for major parties
  • Adjusts limits on alcohol services and sales related to catering
    • Effective immediately, Executive Order No. 7MM, which addressed sales of alcoholic beverages by certain licensees in connection with outdoor dining, is modified to allow holders of Caterer Liquor permits and Restaurant Permit for Catering Establishments to provide outdoor service at any location allowed by their license type so long as the event meets the requirements of any executive order, Sector Rules issued by the Department of Economic and Community Development, or other law.
Executive Order No. 7VV:
  • Provides that child care facilities may provide care for up to 50 children without obtaining approval from the Commissioner of Early Childhood
    • Any facility caring for more than 50 children in one facility must obtain such approval and demonstrate sufficient separation of groups of children within the facility
Executive Order No. 7UU:
  • Requires mandatory COVID-19 testing for staff of private and municipal nursing home facilities, managed residential communities, and assisted living services agencies
    • Private and municipal nursing home facilities must, not later than the week starting June 14, 2020, weekly test all members of the nursing home facility staff for COVID-19
    • Private and municipal managed residential communities must, not later than the week starting June 28, 2020, weekly test members of the managed residential community staff for COVID-19
    • Assisted living services agencies must, not later than the week starting June 28, 2020, weekly teste all members of the assisted living services agency staff for COVID-19
    • Definition of staff:
      • Staff shall be defined as all personnel working in a private or municipal nursing home facility, managed residential community or assisted living services agency, including, but not limited to, administrators, medical staff, employees, per diem staff, contractors with a regular presence in the facility, private duty patient or resident contracted individuals, dietary, laundry and housekeeping personnel, and volunteers
    • Orders for testing:
      • Must be obtained for all staff from an appropriately licensed practitioner capable of issuing such orders
  • Determines suitable work for any claim submitted covering May 17 through July 25, Section 31-236-5 of the Regulations of the Connecticut State Agencies
  • Barbers and hair salons permitted to reopen on June 1
  • Amends prohibitions on large gatherings
    • Effective June 1, 2020, Executive Order Nos. 7D, Section 1 and 7N Section 1, as extended by Executive Order No. 7PP, Section 3, are amended as follows:
      • Indoor social and recreational gatherings as described in Executive Order No. 7D, Section 1 are permitted for up to and including ten (10) people
      • Outdoor gatherings as described in Executive Order No. 7D, Section 1 are permitted for up to and including 25 people, provided that any such large outdoor public gatherings shall comply with the following restrictions and all other relevant and applicable executive orders governing conduct in public places:
        • No contact sports or sports that include shared handling of objects such as balls or frisbees are allowed
        • Attendees shall remain six feet apart, excluding immediate family members, caretakers, and household members, and, except when dining, masks shall be worn when within six feet of those not in the same household
        • If the event is an organized gathering, the organizer shall demarcate six feet of spacing in the area of the gathering to demonstrate appropriate spacing for social distancing.
      • Sector Rules and Essential Business guidance imposing a 5-person limit on outdoor activities are superseded by this order and shall be updated accordingly, but all other restrictions in Sector Rules, Essential Business guidance, or any other executive order or agency order, as amended from time to time, shall remain in effect
      • Effective immediately, the 49-person limit on religious, spiritual and worship gatherings is raised for indoor gatherings to 25% of capacity of the indoor space or a maximum of 100 people, whichever is smaller, and to 150 people for outdoor gatherings, provided in each case that appropriate safety and social distancing measures shall be employed
        • For any such gathering where participants remain in vehicles with windows closed and at least six (6) feet of space between vehicles, there shall no numerical attendance limit, provided all other laws are complied with.
Executive Order No. 7SS:
  • Defines Temporary Nurse Aide
  • Authorizes the Commissioner of Public Health to grant registration of a Temporary Nurse Aide
  • Places restrictions on Temporary Nurse Aides
Executive Order No. 7RR:
  • Authorizes DEEP to issue rental refunds
  • Modifies age limit for early intervention coverage
  • Waives requirement for guest books at private clubs
Executive Order No. 7QQ:
  • Permits absentee voting eligibility during COVID-19 pandemic
  • Requires notice of modification on Inner Envelope for absentee voting
  • Authorizes the Secretary of State to modify absentee ballot applications, envelopes and printed materials regarding eligibility
  • Authorizes the municipal clerk to issue absentee ballots
  • Modifies requirement that absentee ballots be returned by mail or in person
  • Clarifies that Commissioner orders issued pursuant to the Governor’s Executive Orders are not regulations subject to the UAPA
Executive Order No. 7PP:
  • Phase 1 Business Reopening: clarifies the rules that reopening businesses must follow (See our client alert for a more detail discussion on these parameters)
    • Reopening of outdoor dining
    • Reopening of offices
    • Reopening of retail and malls
    • Reopening of museums and zoos
    • Reopening of outdoor recreation and other businesses
    • Additions to businesses permitted to reopen pursuant to Sector Rules
    • Interaction between Essential Business Guidance, Safe Workplace Rules and Sector Rules
  • Enforcement of Sector Rules governing the reopening of businesses
    • Local health director’s and district health director’s authority to enforce Sector Rules
    • Municipal Chief Executive Officer’s authority to enforce Sector Rules
  • Extends prohibition on large gatherings to June 20, 2020
  • Extends restrictions on off-track betting, indoor fitness, and movie theaters to June 20, 2020
  • Clarifies limits on restaurants, bars and private clubs – mixed drinks permitted for takeout and delivery
  • Places limits on the operation of day camps
  • Promotes enhanced health procedures for All Day Camps
  • Cancels Resident Camp Operations
  • Limits the operation of Summer Educational Programs operated by local or regional boards of education
  • Suspends and modifies certain regulatory requirements to protect the public health and safety
Executive Order No. 7OO:
  • Amends procedures for local appointments and elections requiring in-person votes
Executive Order No. 7NN:
  • Waives statutory vote on supplement federal block grant
  • Allows Remote participation in Member Meetings
    • Section 33-1061 of the Connecticut General Statutes is modified to provide a new clause (e), to read in its entirety as follows:
      • (e)(i) The board of directors may determine that any meeting of members shall not be held at any place and shall instead be held solely by means of remote communication. Participation by means of remote communication shall be subject to such guidelines and procedures as the board of directors may adopt.
      • (ii) Members participating by means of remote communication are deemed present in person and may vote at the meeting on matters submitted to the members and on which the members are entitled to vote if the corporation has implemented reasonable measures:
        • (A) to verify that each person participating remotely as a member is a member; and
        • (B) to provide the members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members and on which the members are entitled to vote, including an opportunity to communicate, and to read or hear the proceedings of the meeting, substantially concurrently with the proceedings. The notice to members entitled to vote at a meeting to be held pursuant to this clause (e)shall describe the means of accessing the meeting.
      • (iii) Any statute, regulation or requirement, or part thereof, or any provision of the certificate of incorporation or bylaws of the corporation, inconsistent with this clause (e) shall be inoperative for the effective period of this Section 33-1061(e), and any meeting conducted by remote communication shall be deemed validly held if notice of the meeting is given during the effective period of this Section 33- 1061(e).
  • Waives certain regulatory limitations on the amount of support that can be provided to caregiver relatives
  • Modifies Section 1(b) and 1(c) of Executive Order No. 7X to replace the phrase “paid within sixty days thereafter” with “paid within two months after.”
  • Authorizes the Office of Policy Management to direct DSS to provide Coronavirus relief fund (“CRF”) distributions to nursing home facilities
  • Authorizes the Office of Policy Management to direct DSS to provide CRF distributions to recovery facilities and alternate COVID recovery facilities
  • Authorizes additional COVID-19 related hardship relief funding under the CRF to nursing home facilities
  • States that CRF distribution determinations are not subject to rehearing or appeal
  • Extends and sunsets the suspension of tax on single-use plastic checkout backs to June 30, 2020
Executive Order No. 7MM:
  • Expedites certain municipal zoning amendments
    • Section 8-3b of the Connecticut General Statutes is suspended and modified to provide that, if a zoning administrator, chairperson of the zoning commission or planning and zoning commission, or chief elected official has made a finding that a proposal is necessary to respond to the COVID-19 pandemic, including but not limited to making changes to permit the Outdoor Activities described herein, such zoning administrator, chairperson, or chief elected official may place such proposal, or cause such proposal to be placed, on the public hearing agenda of a zoning commission or a planning and zoning commission, as applicable, and such commission shall conduct its public hearing and act on such proposal without being required to adhere to the requirements of Section 8-3b.
  • Suspends and modifies certain permitting and approval processes for Outdoor Activities
    • In an effort to prevent the spread of COVID-19 while allowing commercial establishments to safely operate outdoors, this Executive Order No. 7MM supersedes and modifies anything in a specified list of chapters of the General Statutes, and their corresponding state and local regulations, that conflicts with this Order (“Covered Laws”), other than rules or guidelines issued by the Department of Economic and Community Development:
      • Expedited Municipal Review of Outdoor Dining and Retail
        • Suspends any Covered Law that would normally require an applicant to receive an approval or permit for outdoor food and beverage service, outdoor displays of goods, or COVID-19 signage, which activities (other than COVID-19 signage) end at 11 p.m. or earlier on Friday and Saturday nights and end at 9 p.m. or earlier on weekdays (“Outdoor Activities”)
        • All such reviews and determinations are to be conducted only by the Local Enforcement Official
        • “COVID-19 Signage” shall mean any outdoor, non-internally-illuminated, non-animated signage that is 15 square feet in size or smaller and contains directions, social distancing instructions, or other signage that might customarily be displayed within the building, including but not limited to menus or specials
        • Outdoor Activities does not include live entertainment.
          • Although the Order exempts live entertainment from Outdoor Activities, it does not prohibit independent approval of it in accordance with local regulations.
      • Outdoor Dining and Retail Allowed During Emergency
        • Outdoor Activities are allowed as an accessory use to any location where food or beverages are served or goods are sold, subject to review and approval by the Local Enforcement Official
        • Municipalities are not required to permit the sale or service of alcoholic beverages as a principal or accessory use where those activities are not already permitted as principal or accessory uses
        • The sale of alcoholic beverages for on-premise consumption, independent of the sale of food is still prohibited
      • Minimum Parking Lifted to Facilitate Outdoor Activities
        • Any Covered Law requiring a minimum number of parking spaces or prohibiting Outdoor Activities from taking place in parking lots is suspended
        • Any Covered Law prohibiting Outdoor Activities from taking place in on-street parking spaces is modified to allow the Local Enforcement Official to permit this activity, consistent with the requirements of this Order.
      • Application Process
        • Outdoor Activity applicants must submit to the Local Enforcement Official a drawing or illustration, roughly to scale or dimensioned, and depicting with reasonably accuracy, the outdoor area that is to be used and what the business proposes to place or build in that area.
        • The applicant also must provide a narrative (with or without accompanying illustrations) that explains any noise, waste management, odor, light pollution, and environmental impacts to be expected, and how said impacts will be managed
        • The Order suspends all state and local application fees, and removes the requirement that an applicant provide other documents that are typically required for similar applications, such as plans stamped by a licensed engineer, a traffic study and a stormwater management plan.
        • The Local Enforcement Official may require an applicant to submit additional and more detailed information that he or she reasonably deems necessary to protect public health
      • Approval and Conditions
        • The Local Enforcement Official shall review and approve or reject any application within 10 days of receiving the completed application
      • Appeals
        • Applicants can appeal the Local Enforcement Official’s decision with seven days of their receipt of notice of the decision to the planning and zoning commission or to the zoning commission
          • But if the zoning commission is the town’s legislative body, then file to the planning commission
      • Shared Lots and Expanded Spaces
        • Any Covered Law requiring Outdoor Activities to take place on the same lot, zoning lot, street face or yard as a principal use, or to take place only in certain yards, shall be modified to allow Outdoor Activities to take place on any nearby lot, zoning lot, street face, or yard (contiguous or not)
        • The applicant must obtain written permission from the owner of the other nearby lot
        • The other nearby lot must include a commercial use or be located in a commercial zoning district
      • Sidewalks and Non-Vehicular Rights of Way
        • Outdoor Activities may take place
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