Wednesday evening, Governor Cuomo posted Executive Order 202.69, his seventy-second Executive Order during the COVID-19 state of emergency. Executive Order 202.69, dated October 14, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in Executive Orders 202.22 through 202.26 (see here), 202.32 (here), 202.33 (here), 202.34 (here), 202.35 (here), 202.44 (here), 202.45 (here) 202.53 (here), 202.57 (here), as continued and contained in Executive Order 202.64 (found here) for another thirty days through November 13, 2020, except as noted below. Executive Order 202.69 also modifies certain laws as well as sets forth a new directive, all of which are designed to address matters related to the COVID-19 crisis. Executive Order 202.69 is effective from October 14, 2020 through November 13, 2020. A copy of Executive Order 202.69 can be found here.
Failing to enforce COVID-19 safety requirements in the cluster action zones will cost you.
Late last week, Governor Cuomo issued Executive Order 202.68 in response to a spike in COVID-19 cases in certain parts of New York State. This Executive Order laid out certain initiatives designed to attack and reduce the clusters of COVID-19 cases. The Cuomo Administration, however, has not been satisfied with the efforts by local government to contain the spike of the COVID-19 in those zones. In particular, the Cuomo Administration has been troubled by localities’ failure to restrict certain activities. As a result, Governor Cuomo has decided to “incentivize” these governments into action by threatening to hold back state funds to these localities if they fail to enforce the restrictions found in Executive Order 202.68.
Executive Order 202.69 directs, in pertinent part, that:
- In furtherance of the protection of public health, and in recognition of the extreme consequences failure to adhere to the restrictions set forth in Executive Order 202.68 presents, the director of the budget is authorized to withhold any funds appropriated in the FY20 Enacted Budget to or for, directly or indirectly, a public or nonpublic school or school district and/or to 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, or for the period of time that such school district, school, or locality is in violation of any order of the department of health issued pursuant to Executive Order 202.68.
RESTORATION OF LAW
Executive Order 202.69 also provides that Section 301(a) of the Vehicle and Traffic Law, to the extent that it requires annual safety inspections and at least biennial emissions inspections, shall no longer be suspended or modified as of November 3, 2020.
MODIFICATION OF LAWS AND REGULATIONS
As with many of prior issued executive orders, Executive Order 202.69 also suspends or modifies certain laws, codes, rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis, this time through November 13, 2020. Executive Order 202.69, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:
- Modifies the modification in Executive Order 202 of subdivision 4 of section 6909 of the Public Health Law, subdivision 6 of section 6527 of the Education Law, and section 64.7 of Title 8 of the NYCRR, to the extent necessary to permit physicians and certified nurse practitioners to issue a non-patient specific regimen to nurses or any such other persons authorized by law or by executive order to collect throat or nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19 infection, for purposes of testing, or to perform such other tasks as may be necessary to provide care for individuals diagnosed or suspected of suffering from a COVID-19 to also include saliva swab specimens.
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