Minnesota Emergency Executive Order 20-33 - Extending Stay at Home Order
STATE OF MINNESOTA
Governor Tim Walz
Emergency Executive Order 20-33
Extending Stay at Home Order and Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation
I, Tim Walz, Governor of the State of Minnesota, by the authority vested in me by the Constitution and applicable statutes, issue the following Executive Order:
The COVID-19 pandemic presents an unprecedented challenge to our State. On March 11, 2020, the World Health Organization (“WHO”) characterized the COVID-19 outbreak as a pandemic. Despite efforts to contain COVID-19, the WHO and the Centers for Disease Control and Prevention (“CDC”) indicate that it is expected to spread. Confirmed cases of COVID-19 in Minnesota are rapidly increasing. On March 15, 2020, Minnesota detected the first confirmed cases caused by “community spread”—infections not epidemiologically linked to overseas travel. By March 17, 2020, all fifty states had reported a confirmed case of COVID-19. And on March 21, 2020, the Minnesota Department of Health (“MDH”) announced the first confirmed fatality due to COVID-19 in Minnesota.
Community spread of COVID-19 continues to increase in Minnesota and nationwide. As of April 8, 2020, Minnesota had 1,154 confirmed COVID-19 cases, with 271 hospitalizations and 39 fatalities. Also, as of April 7, 2020, the United States had over 374,000 confirmed cases with over 12,000 recorded fatalities. Increased testing capacity would undoubtedly show that COVID- 19 is circulating in communities across Minnesota that have not yet identified a confirmed case.
Minnesota has already taken proactive steps to ensure that we are ahead of the curve on COVID- 19 prevention and response. On March 13, 2020, I issued Executive Order 20-01 and declared a peacetime emergency because this pandemic, an act of nature, threatens the lives of Minnesotans, and local resources are inadequate to address the threat. On March 15, 2020, I issued Executive Order 20-02 ordering the temporary closure of public schools. On March 16, 2020, I issued Executive Order 20-04 ordering the closure of bars, restaurants, and other places of public accommodation. On March 25, 2020, I issued Executive Order 20-20 which directed Minnesotans to stay at home except for certain exempted activities and work.
On March 29, 2020, the federal government revised previous guidance and encouraged continued social distancing through the end of April. The continued presence of community spread in Minnesota, the rapid increase in COVID-19 cases, and the rising COVID-19 related
deaths both globally and in Minnesota require us to continue our measures to slow the spread of this pandemic. Slowing the community spread of COVID-19 is critical to ensuring that our healthcare facilities remain able to accommodate those who require intensive medical intervention.
This Executive Order is consistent with nationwide efforts to contain the spread of COVID-19. As of April 7, 2020, forty-one other states and the District of Columbia representing almost 318 million Americans have issued orders or public health directives closing non-essential businesses or limiting residents from participating in non-essential activities. Ten of these states have already extended or renewed these orders and directives in recognition of the ongoing need for proactive measures to contain the spread of COVID-19. Limiting activities to only those that are most essential and practicing social distancing at all times are vital tools required to mitigate the community spread of COVID-19 in Minnesota and nationwide.
Executive Order 20-20 set forth a number of Critical Sectors based on guidance from the U.S. Department of Homeland Security. That Guidance has since been updated and revised. This order adopts and relies on the March 28, 2020 Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response, Version 2.0 (“Updated CISA Guidance”—attached to, and incorporated into, this Executive Order). The Updated CISA Guidance identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability. This federal guidance provides a baseline for Minnesota’s efforts to ensure critical infrastructure and services are maintained while slowing the spread of COVID-19.
In Minnesota Statutes 2019, section 12.02, the Minnesota Legislature conferred upon the Governor emergency powers “in order to (1) ensure that preparations of this state will be adequate to deal with disasters, (2) generally protect the public peace, health, and safety, and (3) preserve the lives and property of the people of the state.” Pursuant to Minnesota Statutes 2019, section 12.21, subdivision 1, the Governor has general authority to control the state’s emergency management as well as carry out the provisions of Minnesota’s Emergency Management Act.
Minnesota Statutes 2019, section 12.21, subdivision 3(7), authorizes the Governor to cooperate with federal and state agencies in “matters pertaining to the emergency management of the state and nation.” This includes “the direction or control of . . . the conduct of persons in the state, including entrance or exit from any stricken or threatened public place, occupancy of facilities, and . . . public meetings or gatherings.” Pursuant to subdivision 3 of that same section, the Governor may “make, amend, and rescind the necessary orders and rules to carry out the provisions” of Minnesota Statutes 2019, Chapter 12. When approved by the Executive Council and filed in the Office of the Secretary of State, such orders and rules have the force and effect of law during the peacetime emergency. Any inconsistent rules or ordinances of any agency or political subdivision of the state are suspended during the pendency of the emergency.
For these reasons, I order as follows:
- Beginning on Wednesday, April 8, 2020 at 11:59 pm through Sunday, May 03, 2020 at 11:59 pm, all persons currently living within the State of Minnesota are ordered to stay at home or in their place of residence except to engage in the Activities and
Critical Sector work set forth below in Paragraphs 5 and 6. Executive Order 20-20 is rescinded as of April 8, 2020 at 11:59 pm.
- For purposes of this Executive Order, homes or residences include hotels, motels, shared rental units, shelters, and similar facilities, to the extent they are used for lodging.
- This Executive Order does not restrict virtual work or telework (i.e. work from home). Minnesotans working in any field, including the Critical Sectors set forth below, are encouraged to work from their home or residence as much as possible.
- Definitions. As used in this Executive Order, “workers” and “personnel” are broadly defined to include owners, proprietors, employees, contractors, vendors, volunteers, and interns. As used in this Executive Order, “Critical Sectors” is defined to include the categories found in the Updated CISA Guidance and the additional categories listed below.
- Exemptions – Activities. Minnesotans may leave their homes or residences to engage in the following activities, provided that all persons follow the guidelines set forth and maintained by the Minnesota Department of Health (“MDH Guidelines”), including but not limited to social distancing, to the maximum extent possible. Consistent with federal guidance and to protect our neighbors, Minnesotans are encouraged to stay close to home and are strongly discouraged from engaging in unnecessary travel. This list of Activities may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans.
Clarifications will be available for public review at: https://mn.gov/covid19/
- Relocation to ensure safety. Individuals whose homes or residences are unsafe or become unsafe, including individuals who have suffered or are at risk of domestic violence or for whom the safety, sanitation, or essential operations of their home or residence cannot be maintained, are allowed and urged to leave their home or residence and relocate to a safe alternative home or residence.
- Health and safety activities. Individuals may seek emergency services; obtain medical services, supplies, and medications; and visit a health care or dental professional or facility, or a veterinarian. Individuals may also donate blood.
- Outdoor activities. Individuals may engage in outdoor activities (e.g., walking, hiking, running, biking, driving for pleasure, hunting, or fishing), and may go to available public parks and other public recreation lands, consistent with remaining at least six feet apart from individuals from other households. Public accommodations that are closed under Executive Orders 20-04 and 20-18 remain closed under this Executive Order, even if they feature outdoor activities. Nothing in the Executive Order permits trespass
upon private property. Minnesotans are encouraged to stay close to home and are strongly discouraged from engaging in unnecessary travel.
- Necessary supplies and services. Individuals may leave their residences to:
- Obtain food, including delivery or carry-out services, beverages (alcoholic and non-alcoholic), and other grocery items.
- Obtain gasoline.
- Obtain supplies needed to work from home.
- Obtain commercially available personal protective equipment and supplies and materials necessary to make homemade personal protective equipment.
- Obtain products needed to maintain the safety, sanitation, and essential operation of homes and residences, businesses, and personally owned vehicles, including automobiles and bicycles.
- Visit and use the services of laundromats and dry cleaners.
- Essential intrastate and interstate travel. Minnesotans are encouraged to stay close to home and are strongly discouraged from engaging in unnecessary travel. Individuals may travel to exempted activities and may travel to return to a home or place of residence. Individuals may also travel into and out of Minnesota.
- Care of others. Individuals may care for a family member, friend, or pet in another household, and may transport family members, friends, or pets as allowed by this Executive Order, including the transport of children pursuant to existing parenting time schedules or other visitation schedules pertaining to a child in need of protective services (CHIPS) proceeding.
- Displacement. Individuals without a home are exempt from the restrictions in this Executive Order, and they may move between emergency shelters, drop- in centers, and encampments. Encampments should not be subject to sweeps or disbandment by state or local governments, as such sweeps or disbandment increase the potential risk and spread of COVID-19.
- Moving or relocation. Individuals are permitted to move to a new home or place of residence, provided they follow MDH Guidelines to the maximum extent possible.
- Voting. Individuals are permitted and encouraged to vote in all state and local elections. Voters are also encouraged to vote by absentee by mail where feasible.
- Funerals. Individuals may leave their home or residence to attend funerals, whether at a place of worship, funeral home, burial site, or other similar location, provided that the gathering consists of no more than 10 attendees. The space utilized must allow for social distancing and compliance with MDH Guidelines to the maximum extent possible. Venues should make accommodations for remote attendance, if possible, for others. Individuals who are at high risk from COVID-19 are strongly encouraged to attend remotely.
- Tribal Activities and Lands.
- Activities by tribal members within the boundaries of their tribal reservations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities.
- Activities within the boundaries of federal land held in trust for one of the 11 Minnesota Tribal Nations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities.
- Activities by tribal members to exercise their federal treaty rights within the boundaries of their treaty territory (also known as “ceded territory”) are exempt from the restrictions in this Executive Order but may be subject to restrictions by applicable tribal authorities.
- Tribal members may travel to and from their tribal reservations in accordance with applicable tribal law.
- Exemptions – Critical Sectors. All workers who can work from home must do so. Workers in the following Critical Sectors, who are performing work that cannot be done at their home or residence through telework or virtual work and can be done only at a place of work outside of their home or residence, are exempted from the prohibition in paragraph 1 of this Executive Order as set forth below. These critical services exemptions apply only to travel to and from an individual’s home or residence and place of work and an individual’s performance of work duties that cannot be done at their home or residence. Travel may include transportation to and from child care or school settings as necessary to ensure the safe care of children. This list of Critical Sectors may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. These clarifications carry the full weight and effect of this Executive Order. Clarifications are available for public review at: http://mn.gov/deed/critical/
- Healthcare and public health. As applicable, healthcare and public health workers are subject to the restrictions on elective surgeries and procedures as set forth in Executive Orders 20-09 and 20-17. This category is limited to:
- Healthcare and public health workers listed in the Updated CISA Guidance.
- Workers providing or supporting reproductive health care, childbirth services, mental health care, and substance use treatment.
- Workers supporting manufacturers, technicians, logistics and warehouse operators, and distributors of personal care, hygiene, and healthcare products.
- Workers providing or supporting home care and human services workers from government or non-profit providers who are delivering food, prescriptions, case management services, mental health and substance abuse therapy, or who are otherwise caring for a client.
- Workers providing or supporting home-based care for adults, seniors, and children, including but not limited to people who are blind, deaf, deafblind, or hard of hearing and people with disabilities, including physical disabilities, developmental disabilities, intellectual disabilities, substance use disorders, or mental illness. This includes workers who must travel to a person’s home to provide care or other in-home services including meal delivery and one-on-one interpreting services for people who are blind, deaf, deafblind, or hard of hearing.
- Personal care attendants, paid employees of government and non- profit providers, or volunteers representing government and non-profit providers.
- Workers supporting the medical cannabis industry.
- Workers in adult daycares are not exempted.
- Law enforcement, public safety, and first responders. This category is limited to law enforcement and public safety workers and first responders listed in the Updated CISA Guidance, and all corrections personnel, state and county probation officers, supervision agents, victims’ advocates, animal control officers, humane officers, and all workers who support electronic security and life-safety services, and bail bond agents posting a bond.
- Food and agriculture. This category includes food and agriculture workers listed in the Updated CISA Guidance. For clarity, and for the purposes of this Executive Order, references to “beverages” include alcoholic beverages. The restrictions on restaurants, bars, and other places of public accommodation adopted in Executive Orders 20-04, 20-18, and this Executive Order remain in effect. This category also includes:
- Workers supporting agricultural equipment repair service.
- Lawncare and landscaping workers.
- Workers supporting garden centers, stores, and nurseries, provided that such centers, stores, or nurseries adhere to guidance provided by the Minnesota Department of Agriculture.
- Workers supporting florists for the sale for delivery only of perishable plant stock. Workers delivering perishable plant stock are strongly encouraged to drop off product at the front door of nursing homes and hospitals to avoid contact with vulnerable populations.
- This category does not include the following workers, who are not
exempted from the restrictions in paragraph 1:
- Workers supporting tobacco and vaping-product shops.
- Workers supporting cannabidiol (CBD) oil shops.
- Energy. This category is limited to energy workers listed in the Updated CISA Guidance, workers supporting emergency response operations, and workers supporting the underground storage of natural gas.
- Water and wastewater. This category is limited to water and wastewater workers listed in the Updated CISA Guidance, in addition to State Parks workers who maintain water and wastewater infrastructure, workers who perform work related to residential wells and septic tanks, and workers who supply bottled water or home filtration systems in areas where that is a health necessity.
- Transportation and logistics. This category is limited to the transportation and logistics workers listed in the Updated CISA Guidance, in addition to:
- State, county, and local government agencies and agency workers, as well as private sector workers, who support or enable transportation functions, including engineers, dispatchers, maintenance and repair technicians (including workers at maintenance and repair shops), warehouse workers, truck stop and rest area workers, and workers that maintain and inspect infrastructure (including those that require cross- border travel).
- Workers engaged in roadway construction, maintenance, and utility projects.
- Public transit workers.
- Bicycle shops and distribution facilities.
- Automobile, motorcycle, recreational vehicle (RV), and all-terrain vehicle (ATV) sales that are necessary to allow for essential travel or support Critical Sectors, when conducted by appointment, and only
when CDC and MDH guidelines, including social distancing, can be met.
- Workers who clean vehicles used for public transportation, government services, and Critical Sectors.
- Public works and infrastructure support services. This category is limited to public works and infrastructure support services workers listed in the Updated CISA Guidance, in addition to construction material suppliers and workers providing services necessary to maintain construction material sources.
- Communications and information technology. This category is limited to communications and information technology workers listed in the Updated CISA Guidance and all workers who support news services of all kinds, including newspapers, radio, television, and other forms of news media.
- Other community-based government operations and essential functions. This category is limited to the other community-based and government essential functions listed in the Updated CISA Guidance, in addition to workers who support the following functions and services:
- Election support services and election administration workers.
- Housing, shelter, and homelessness-prevention staff of state and local agencies and organizations responsible for ensuring safe and stable housing, including workers from state and local agencies and organizations with responsibility for ensuring safe and stable housing; shelter outreach or drop-in center programs; financing affordable housing; and administering rent subsidies, homeless interventions, operating supports, and similar supports. This includes workers necessary to provide repairs, maintenance, and operations support to residential dwellings.
- Workers performing all other governmental functions which are necessary to ensure the health, safety, and welfare of the public, to preserve the essential elements of the financial system of government, and to continue priority services as determined by a political subdivision of the State. All political subdivisions of the State will determine the minimum personnel necessary to maintain these governmental operations.
- Workers supporting building code enforcement necessary to maintain public safety and health and for all ongoing construction.
- Workers, including logistical and contract workers, who are critical to facilitating support of national, state, and local emergency response operations.
- Workers necessary to process applications for and issue hunting and fishing licenses, where it is impracticable for applicants to apply online.
- Critical manufacturing. This includes the critical manufacturing workers listed in the Updated CISA Guidance and the following:
- Workers supporting iron ore mining and processing operations and supplier/vendor industries essential to such mining and processing operations.
- Workers supporting printing operations that supply other Critical Sectors. Other printing workers are not exempted.
- Hazardous materials. This category is limited to hazardous materials workers listed in the Updated CISA Guidance.
- Financial services. This category is limited to financial services workers identified in the Updated CISA Guidance, in addition to workers at banks, credit unions, insurance companies, and insurance agencies. Debt collection professionals and other workers supporting debt collection are not exempted.
- Chemical. This category is limited to chemical workers listed in the Updated CISA Guidance.
- Defense industrial base. This category is limited to defense industrial base workers listed in the Updated CISA Guidance.
- Commercial facilities/essential supply stores. Essential supply stores are strongly encouraged to offer curbside pickup or delivery of products. This category is limited to commercial facilities workers listed in the Updated CISA Guidance and the following:
- Workers supporting businesses that sell products, tools, materials, or supplies necessary for: (1) Critical Sectors to continue their essential operations, (2) for workers to work from home, or (3) for the maintenance of the safety, sanitation, and essential operation of homes or residences.
- Workers supporting licensed businesses that sell or service firearms, pursuant to Minnesota Statutes 2019, section 624.7192. Gun ranges and clubs must remain closed pursuant to Executive Orders 20-04, 20- 18, and this Executive Order.
- Workers supporting arts and crafts stores, but only to the extent that they are distributing materials for making personal protective equipment (e.g. homemade facemasks). Such materials must be purchased on-line or by phone before pick-up and must be pre-
packaged by the manufacturer, distributor, or the store. Workers supporting arts and crafts stores are not otherwise exempt.
- Residential/shelter facilities and services. This category includes the residential/shelter facilities and services workers listed in the Updated CISA Guidance, including workers supporting moving and relocation services, in addition to workers supporting emergency shelters, drop-in centers, and encampments, as well as outreach workers. Governmental and other entities are strongly urged to make 24-hour shelter available as soon as possible, to the maximum extent practicable, and in compliance with CDC guidance.
- Laundry and hygiene products and services. This category includes the hygiene products and services workers listed in the Updated CISA Guidance and the following:
- Workers in laundromats and all laundry or dry-cleaning services.
- Workers cleaning common areas in apartment buildings and other similar common spaces.
- Workers providing housecleaning for individuals with disabilities.
- Workers doing ordinary residential housecleaning of individual homes are not exempt.
- Tribal Governments. Tribal officers and workers deemed essential by the relevant Tribal government, regardless of residence.
- The Judicial Branch. This category is limited to judicial officers and personnel deemed essential by the Chief Justice to ensure the continued operations of Minnesota’s court system.
- The Executive Branch. This category is limited to personnel deemed necessary to continue priority services of executive branch agencies, offices, departments, divisions, boards, bureaus, councils, committees, institutions, authorities, and commissions, as well as, the Minnesota State Colleges and Universities system, Minnesota State Retirement System, Public Employees Retirement Association, and Teacher’s Retirement Association, as determined by the Commissioner of Management and Budget in consultation with those agencies and entities.
- Executive Constitutional Offices. This category is limited to Constitutional Officers and personnel deemed essential by the applicable Constitutional Officer to ensure the continued operations of the Constitutional Office.
- The Legislative Branch. This category is limited to personnel deemed essential by the presiding officers of each body.
- Federal employees. Nothing in this Executive Order will be construed to limit, prohibit, or restrict in any way the operations of the federal government or the movement of federal officials in Minnesota while acting in their official capacity, including federal judicial, legislative, and executive staff and personnel.
- National Guard. This category is limited to National Guard members that are on orders, to include state active duty, Title 32, or Title 10 orders and members in an Inactive Duty for Training status. At the discretion of the Adjutant General, this category also includes full-time staff of the Minnesota National Guard or Department of Military Affairs that are necessary for the execution of the National Guard’s mission.
- Faith leaders and workers. This category includes officials, workers, and leaders in houses of worship and other places of religious expression or fellowship, wherever their services may be needed. This category also includes workers necessary to plan, record, and distribute online or broadcast content to community members.
- Education. Educators and other workers supporting public and private schools, as well as higher education (e.g., colleges and universities). This category includes educators and other workers providing care to children as provided by Executive Order 20-19. Executive Order 20-02 remains in effect.
aa. Construction and critical trades. This category includes the following:
- Workers in the skilled trades such as electricians, plumbers, HVAC and elevator technicians, and other workers supporting construction of all kind.
- Workers such as exterminators, cleaning and janitorial staff for commercial and governmental properties, moving and relocation services, security staff, operating engineers, and all other service providers who provide services that are necessary to maintain the safety, sanitation, and essential operation of homes and residences and the Critical Sectors listed in this Executive Order.
- Workers supporting major appliance sales, related parts sales, and service.
bb. Child care providers. This category includes workers in child care centers, family child care, schools, and other facilities. Such providers are encouraged to remain open to provide child care services for workers in the Critical Sectors listed in this Executive Order as possible and insofar as public health guidance can be followed. This category also applies to individuals providing child care for Critical Sector workers in a personal home, such as family, friend, and neighbor care required for Critical Sector workers to continue to perform their duties.
cc. Hotels, residential facilities, and shelters. This category includes workers supporting hotels and motels, facilities and shelters for adults, seniors, and children, including victims of domestic violence, people with developmental disabilities, intellectual disabilities, substance abuse disorders, or mental illness. Such facilities and shelters include halfway houses and residential treatment programs. This category also includes workers needed to keep apartment complex buildings and other congregate residences or homes operational and sanitary.
dd. Charitable and social services organizations. This category is limited to workers supporting organizations that are engaged in hunger relief work, and those that provide food, shelter, prescription delivery, mental health and substance abuse treatments, and other social services, as well as other necessities of life for individuals in need of such services, older adults who live alone, people with disabilities, and those who need assistance as a result of this emergency.
ee. Legal services. This category is limited to workers who are necessary to provide essential legal services. Essential legal services include:
- Advice and representation needed to aid the delivery of all critical government services.
- Advice and representation required to ensure the immediate and critical health, safety, and liberties of Minnesotans, including but not limited to, end-of-life planning, immigration, essential services to elders and persons with disabilities, child support, child-protection and domestic abuse matters, protection of personal financial resources necessary to meet basic needs, prosecution or defense in ongoing criminal matters, or all matters in which individuals are held in custody pending a legal proceeding, and proceedings held in the district or appellate courts during the effective period of this order.
- Advice and representation related to the continuation of the Critical Sectors identified in this Executive Order, including ensuring compliance with this Executive Order, previous Executive Orders, and all applicable laws, rules, and regulations applying to Critical Sectors.
- Supporting housing and shelter-related efforts, including loan applications, loan processing, seeking temporary relief from residential and commercial loan or lease provisions, retention of gas, electric, or water utility services, and seeking temporary relief from residential evictions or foreclosures, or other actions intended to keep people in their homes.
- Process servers and legal couriers.
ff. Notaries. This category is limited to notaries performing services that cannot be deferred and which cannot be accomplished via remote services under Minnesota Statutes 2019, section 358.645.
gg. Critical labor union functions. This category includes labor union essential activities, including the administration of health and welfare funds, and monitoring the wellbeing and safety of members providing services in the Critical Sectors.
hh. Animal care and veterinarians. This category is limited to veterinarians and workers at animal care facilities or Department of Natural Resources workers who provide food, shelter, veterinary services, and other necessities of life for animals. Workers in this category are subject to the restrictions on elective surgeries and procedures as set forth in Executive Orders 20-09 and 20-17.
This category also includes the following:
- Workers providing care (e.g. daycare or boarding) to pets in the following circumstances:
- Caring for pets owned by other Critical Sector workers during their shifts.
- Caring for pets needing care because the owner is physically or otherwise unable to care for the animal.
- Caring for pets owned by individuals who are ill or quarantined, provided that contact with the owner is limited to a one-time pick up until the illness or quarantine has passed.
- Caring for pets currently boarded and circumstances prevent the owner from retrieving them.
- Workers supporting pet adoption and animal foster care are exempt, provided that (1) any paperwork and payment is done online, and (2) appropriate social distancing is observed during the adoption process.
- Workers supporting pet grooming businesses are not exempt.
ii. Real estate transactions. This category is limited to workers who facilitate and finance real estate transactions and real estate services, including appraisers and title services.
jj. Minimum basic operations. This category includes workers supporting minimum basic operations in businesses and other organizations. Minimum basic operations include (i) minimum necessary activities to maintain the value of the business’ inventory, preserve the condition of a business’s or other organization’s facilities, physical plant, or equipment, ensure security, process payroll and employee benefits, or related functions; and (ii) the
minimum necessary activities to facilitate remote work by workers from their residences (e.g., IT personnel who allow workers to operate remotely or personnel who support remote or distance learning).
- All exempted Activities and Critical Sector work should be conducted in a manner that adheres to Minnesota Occupational Safety and Health Standards and the Minnesota Department of Health and CDC Guidelines related to COVID-19, including social distancing and hygiene. Under existing law and authority, the Minnesota Occupational Safety and Health Administration may issue citations, civil penalties, or closure orders to places of employment with unsafe or unhealthy conditions, and the Department of Labor and Industry may penalize employers that retaliate against employees who raise safety and health concerns.
- Except as necessary to seek medical care and obtain other necessities of life, people at high risk of severe illness from COVID-19 (e.g., elderly people and those with underlying health conditions) are strongly urged to stay in their home or residence, even when the terms of this Executive Order would allow them to leave their home or residence.
- I urge all Minnesotans to voluntarily comply with this Executive Order. Pursuant to Minnesota Statutes 2019, section 12.45, a worker who willfully violates this Executive Order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000 or by imprisonment for not more than 90 days. Any business owner, manager, or supervisor who requires or encourages any of their employees to violate this Executive Order is guilty of a gross misdemeanor and upon conviction must be punished by a fine not to exceed $3,000 or by imprisonment for not more than a year. In addition to those criminal penalties, the Attorney General, as well as city and county attorneys, may seek any civil relief available pursuant to Minnesota Statutes 2019, section 8.31, for violations of this Executive Order, including civil penalties up to $25,000 per occurrence from businesses and injunctive relief. Nothing in this Executive Order is intended to encourage or allow law enforcement to transgress individual constitutional rights.
- I direct the Commissioners of Health, Employment and Economic Development, and Labor and Industry to begin planning on how to allow certain non-Critical Sector workers to return to work when it is safe to do so. Such a plan must include guidelines and requirements for appropriate social distancing, hygiene, and public health best practices. I also direct other cabinet agencies to coordinate expeditiously to develop relevant guidance related to this Executive Order and to provide that guidance to the public.
- I direct all state agencies to continue to coordinate expeditiously to develop plans to mitigate the economic effects of closures and restrictions necessitated by this peacetime emergency, including potential financial support, regulatory relief, and other executive actions.
- The closure of bars, restaurants, and other public accommodations set forth in Executive Order 20-04, as amended by Executive Orders 20-08 and 20-18, is extended until May 3, 2020 at 11:59 pm.
- This Executive Order may be extended by a future Executive Order, with the approval of the Executive Council.
Pursuant to Minnesota Statutes 2019, section 4.035, subdivision 2, and section 12.32, this Executive Order is effective immediately upon approval by the Executive Council. It remains in effect until the peacetime emergency declared in Executive Order 20-01 is terminated or until it is rescinded by proper authority.
A determination that any provision of this Executive Order is invalid will not affect the enforceability of any other provision of this Executive Order. Rather, the invalid provision will be modified to the extent necessary so that it is enforceable.
Signed on April 8, 2020.
Filed According to Law:
Secretary of State
Approved by the Executive Council on April 8, 2020:
Secretary, Executive Council
Filed on April 8, 2020
Office of the Minnesota
Secretary of State, Steve Simon