General Impact of the Expiration of the State of Emergency

All of the COVID related executive orders expire with the end of the state of emergency on 6/24/2021. Section 29-a of the executive law allows the governor to suspend laws only during a state of emergency.  Similarly, chapter 71 of 2021, which limited the governor’s emergency directives, sunsets upon the termination of the state of emergency.  Without the state of emergency, there is no authorization for the suspensions or directives to continue.

To be honest, I did not expect this to happen as soon as it did nor with the short notice of one day.  I expected something around November or December but our numbers are dramatically improved in regards to low positive test and high vaccination rates so the expiration is not irrational, just sudden.

The number one question still comes up about masks, especially in schools, hospitals, nursing homes etc.  They continue to follow the CDC guidelines which have been followed since March of 2020 and will continue to be followed.  I realize fully this is confusing and controversial however when looking at potentially vulnerable populations this is not unexpected.  I have attached here the link to the CDC guidelines as the information is vast as well as NYS DOH guidelines which is here.

Impact of the Expiration of the State of Emergency on Certain Issues

Utility Moratorium – Chapter 106 of 2021

  • The utility shut-off moratorium ends for small businesses and residential customers who did not experience a change in financial circumstances on the earlier of the State of Emergency expiring or 12/31/21. Since the State of Emergency was lifted on 6/24/21, it ends then and for 180 days after, those who had a change in financial circumstances due to COVID-19 and entered into a deferred payment agreement will remain protected from shut offs.  The 180 day period will end on 12/21/21.

Evictions & Foreclosures

  • For residential and certain small business tenants that file a financial hardship declaration, court proceedings for eviction and foreclosure have been stayed by legislation through 8/31/21.

Vaccine Administration by Pharmacies – Chapter 110 of the laws of 2020

  • Authorized licensed pharmacists to administer COVID-19 vaccines approved by the FDA once DOH and SED jointly certified that the administration of such immunization would be in the best interest of public health. The law expires July 1, 2022, but there is an omnibus immunization bill that passed both houses (A.6476-A Hyndman) that would make this authorization permanent.

Alcohol Beverage Control Law

  • Alcohol To-Go and Delivery -Executive order allowed authorized businesses with retail on-site consumption licenses or privileges the ability to sell alcohol for off-site consumption. The EO allowed this to be take-out from the licensee or delivery. With the end of the state of emergency, this will mean the end of the temporary to-go and delivery privileges for bars, restaurants, and manufacturers, and the resumption of those privileges only as they exist under the law, e.g., on premises retailers may sell beer, cider, and mead to go or for delivery, and manufacturers may generally make sales only to persons physically at the premises.  This is by far the most controversial item impacted by the end of the pandemic and from my perspective is high on the list of issues to address as soon as the legislature is back in session, including an emergency session.
  • Outdoor Dining – Loosened restrictions for certain bars and restaurants to expand their licensed premises outdoors. Bars and restaurants could use contiguous public space (sidewalks or closed streets), as long as they also have municipal approval, or contiguous space owned or controlled by the licensee but were not part of the licensed premises.   Since there is a legislative bill pending consideration (A.7733 Fahy) the SLA intends to extend a safe harbor to licensees that are currently operating on municipal land that is part of a municipal plan that has been approved by the SLA. A7733, if approved, would expire 1 year after it is signed.

Allowing Phone Interviews for Cash Assistance – Chapter 144 of 2021

  • Authorized the use of phone interviews or other digital means for cash assistance applications at the request of the individual. This bill also allowed domestic violence screening and substance use screening to take place over the phone or other digital means for the purposes of establishing a person’s ability to participate in their work activity, at the request of the individual.  Chaptered on June 11, 2021 – Effective date of 120 days after signing.

Nursing Home and Adult Care Facility Visitation – Chapter 108 of 2021   

  • This authorized the DOH to develop regulations to allow personal caregiving and compassionate caregiving visitation for nursing home and adult care facility residents during a public health emergency. These caregivers are exempt from prohibitions on visitation.  This went into effect immediately with regulations within 45 days succeeding enactment.  The bill was chaptered on 5/13.

Virtual Meetings by Corporations – Chapter 98 of 2021

  • There will be no disruption in the ability of members/shareholders of corporations to meet virtually. This was codified and extended to the later of the expiration of the State of Emergency or 12/31/21.

Open Meetings Law

  • With the expiration of the state of emergency, the authority to conduct meetings remotely will end. As of June 25, the provisions of the open meetings law will again require all meetings to be held in person and open to the general public.  Public bodies that use videoconferencing to conduct a meeting must provide an opportunity for the public to attend, listen and observe at any site at which a member participates.

Impact on the Courts

  • Courts have reopened and are, in many ways, functioning normally. With the expiration of statutes of limitation and deadline tolls contained in certain Executive Orders, these time deadlines will resume from 6/25/21 forward.
  • Virtual arraignments and most other online court appearances and proceedings will cease except where authorized under prior law. Some counties that had previous programs in place in the criminal courts may attempt to continue to conduct arraignments (first-appearances) by audio-visual means.
  • When there is judicial discretion in law to extend or continue a procedural time frame, litigants/ counsel should formally move the court for additional time, where appropriate, before the expiration of the deadline. Generally speaking, the motion itself will not toll or delay the deadline.
  • The Unified Court System has begun issuing guidance memoranda to judges on the proper implementation of the expiration of the declared state of emergency. Early reports indicate these memoranda are being made available to litigants, upon request.

Notarization

  • Authority for electronic notarization will end. Documents notarized previously will be valid, but newly-filed documents and those signed after the end of the state of emergency should be notarized in person.
  • There is currently a bill that has passed both houses, A.399-B Rozic that would authorize electronic notarization. If signed, the effective date of this bill is 180 days after it shall have become a law.

Absentee ballots 

  • Legislation allowing the online submission of absentee ballot applications has not yet been considered by the Governor. As a result of the expiration of related Executive Orders, absentee ballot applications, where authorized for upcoming elections, will have to be requested from the local Board or district conducting the election.
  • An Executive Order allowing the mailing of completed absentee ballots on Election Day will expire. As the Governor has not yet considered a Legislature-passed statutory change. Until a legislative change is signed into law, absentee ballots should be mailed and postmarked no later than the day before the election.

Mortgage Forbearance – Chapter 112 of 2020

  • Required New York State regulated banking institutions to grant 180 days of mortgage forbearance, with the option for an additional 180 days, on a residential mortgage on their primary residence to any mortgagor who can demonstrate financial hardship as a result of the COVID-19 pandemic. This law sunsets 12/31/21.

Other Information

State Liquor Authority guidance on COVID executive orders appears on their main page: New York State Liquor Authority | Liquor Authority (ny.gov)

 

SED’s Office of Professions’ list of COVID Executive Orders that impact licensed professions: COVID-19 Executive Orders (nysed.gov)

This is just a summary of the hundreds of items impacted during the Pandemic. For more information, please do not hesitate to reach out to my office at 518-455-4474 or mcdonaldj@nyassembly.gov for additional assistance.