��������������������� ���������� � I).l1 � §TATlE OF IlNDilANA lEXlECUTlIVE DEPARTMENT IlNDllANAPOLI§ � � � � � � EXECUTIVE ORDER FOR: 20-26 ROADMAP TO REOPEN INDIANA FOR HOOSIERS, BUSINESSES AND STATE GOVERNMENT TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS: I WHEREAS, to reduce and slow the spread of COVID-19, the Centers for Dise�se Control and Prevention (CDC) and Indiana State Department of Health (ISDH) recommended implementation of mitigation strategies to contain this virus including limitations on large gatherings and social distancing measures; � in order to take all necessary steps to increase containment of this virus, I have issued various Executive Orders including the following: � WHEREAS, ► I issued Executive Order 20-0S on March 23, 2020, which required all persons residing in Indiana to stay at home except for, among other things, conducting essential travel and activities, and participating in the operation of essential businesses or the operation of essential governmental functions, and these general provisions have been extended by Executive Orders 20-18 & 20-22; ► I issued Executive Order 20-09 on March 23, 2020, which prohibited access to all state government buildings, offices and facilities by the public, restricting access only to those members of the public needing to conduct services essential to public health and safety and which cannot otherwise be conducted electronically, telephonically and/ or delayed. This restriction extends to the Indiana Government Center, Indianapolis office locations, and other offices throughout our State and this has been extended by Executive Orders 20-18 & 20-22; and ► I issued Executive Orders 20-04, 20-10, 20-1 l, 20-14, 20-18 & 20-22 which, among other things, prohibited restaurants, bars, nightclubs and other establishments from providing in-dining services and established compliance and enforcement actions to be taken against dining establishments failing to prohibit in-person dining; � � � �� ! �� WHEREAS, as of the date of this Executive Order, the virus has now spread to every county in our State, with over 18,000 confirmed cases and more than 1,000 deaths; WHEREAS, as Governor, under Indiana's Emergency Management and Disaster Law, Ind. Code ch. 10-14-3 ("Emergency Disaster Law"), l have authority to take actions necessary to prepare for, respond to and address a public health disaster emergency including the following: ► making, amending and rescinding the necessary orders, rules and regulations to carry out the response to a public health disaster emergency; � � � �� � � � � � � � �� r; I �;; � � � �� � �� � � � �� � � � � � �� � Ii � � � f �� � � � � on March 11, 2020, the World Health Organization declared COVID-19 to be a global pandemic and, on March 13, 2020, the President of the United States declared a national emergency with respect to this dangerous virus; ).l1 �1 � � WHEREAS, � � �� � � �� � � �� � � on March 6, 2020, I issued Executive Order 20-02 which declared that a public health emergency exists throughout the State of Indiana as result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and a confirmed report of the disease in our State and this initial declaration has been extended by me in Executive Orders 20-17 & 20-25; � � � � � ! �i � WHEREAS, � � � � � � �� � � � � � � � � � � � � � ).l1 � �1 ..._� I � � I � � �������������������������������� �������������������������������� � � � � ► suspending the provisions of any regulatory statute prescribing the procedures for conduct of state business, including the orders, rules or regulations of any state agency if strict compliance with any of these provisions would in any way prevent, hinder, or delay necessary action in coping with the emergency; ).1,, ► transferring the direction, personnel, or functions of state departments and agencies or units for performing or facilitating emergency services; and ).1,, � ► using any and all available resources of state government and of each political subdivision of our State as reasonably necessary to cope with the public health disaster emergency; � � Ji:l., ! ! !Ji:1., !Ji:l., � � � � � WHEREAS, WHEREAS, the Indiana Occupational Safety and Health Agency (!OSHA) has authority under Title 22 of the Indiana Code to inspect and take steps to ensure businesses are operating a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm to employees; WHEREAS, on April 10, 2020, I announced the creation of Indiana's Economic Relief and Recovery Team ("Governor's Recovery Team") comprised of government and business leaders who, among other things, will plan, administer and account for federal relief funds our State receives from the CARES Act and also advise on how and when to best reopen our State's economy; Ji:l., � � � � � � � � ).1., � ).1., ! � � � � � � � � � �� � on April 16, 2020, I requested input, suggestions and recommendations from associations, industries and business groups, regarding how to safely and prudently begin the process of reopening the parts of Indiana's economy that have been closed or not fully operational; WHEREAS, to reopen our Hoosier economy, we must continue to prioritize Hoosiers' health by working with experts to take a data-driven approach to make decisions based on facts, science, and recommendations from experts in health care, business, labor, and education in reopening our economy; � � �� � � WHEREAS, to continue to protect Hoosiers from the spread of this dangerous virus, we must reopen our Hoosier economy in stages based on the level of severity COVID-19 in a particular county; and ! � � � based on the status of COVID-19 in our State, consultation with and concurrence of the Commissioner of the ISDH, as well as the recommendations of the Governor's Recovery Team, the White House Coronavirus Task Force, and the CDC, we are providing for a phased reopening of Indiana's economy; � �� NOW, TIIEREFORE, I, Eric J. Holcomb, by virtue of the authority vested in me as Governor by the Indiana Constitution and the laws of the State of Indiana, do hereby order: ; � � WHEREAS, � � ! ! ! ! WHEREAS, � � ! � �� � � � � � � Ji:1., ! !Ji:1., the ISDH has authority under Title 16 of the Indiana Code to take measures in connection with prevention and suppression of disease and epidemics; � � 1. Duration ! � Ji:l., To continue mitigation of COVID-19 and to lower the risk of a resurgence, a measured and staggered approach to reopening businesses and entities will be instituted. Five stages will be used with each additional stage being subject to fewer restrictions and limitations than the previous stage. This Executive Order encompasses directives only for Stages 1 & 2 and additional Executive Orders will be issued with directives for the remaining stages. Stage 1 retains the restrictions and limitations set forth in Executive Order 20-22. Stages 2 through 5 may allow for the opening of additional businesses and entities and, at each stage, provide further lift�ng of restrictions and limitations on certain businesses and entities currently open and operating. � �� � � � �� � � Therefore, this Executive Order shall become effective at 11:59 p.m. on May I, 2020, and will remain _in full force and effect until 11:59 p.m. on May 23, 2020, unless I rescind, modify or extend 1t. � � ).1., � � � Ji:1., � � I Ji:l., � � ! � � � � 2 � � � �������������������������������� �������������������������������� � � § � � �, m m � �, ! � � � �, m ! �, � � �, m m � � � �, §i � � m m m !�, � � To the extent specified in this Executive Order, Executive Order 20-22 is extended and will remain in full force and effect until 11 :59 p.m. on May 23, 2020, unless I further rescind, modify or extend it. Subject to the modifications in this Executive Order, Executive Orders 20-04, 20-09, 20-1O, 20-11, 20-14, & 20-18 pertaining to Restaurants, Alcoholic Beverage laws, Enforcement, and Continuity of State Government will remain in full force and effect until 11:59 p.m. on May 23, 2020, unless I further rescind, modify or extend it. 2. General Provisions Governing the Reopening of Indiana Businesses and Entities For purposes of this Executive Order, all businesses or entities situated or operating in the State of Indiana are covered by directives in this Executive Order and include any for-profit, nonprofit or educational entity, regardless of the nature of the service, the function it performs, or its corporate or entity structure. a. County by County Assessment: From the date of this Executive Order until at least May 4, 2020, each county will be in Stage 1. As the impact of COVID-19 for each county has varied, the impact in each county will be continually assessed to determine which stage applies to a particular county at the end of each time period. If the impact of COVID-19 is minimal or has significantly lessened, the county may be permitted to advance to the next stage. However, if the impact of COVID-19 has increased or failed to lessen, the county may be required to stay at the current stage or return to a prior stage. b. Time Periods for Each Stage: Businesses and entities within a county may be permitted to advance to the next stage at set times if certain criteria are met as outlined below. The time period encompassing each stage before a reassessment and potential transition to another stage is as follows: i) Stage !: From May 1, 2020, through May 4, 2020 ii) Stage 2: From May 4, 2020, through May 23, 2020 c. Criteria: Counties may be permitted to advance to the next stage or be required to stay at a curr�nt stage or return to a prior stage when considering, among other things, the fo�� i) I � � � �� � � � � � �� � � � � � �� � � �� ; � � � � I � �� ; The number of hospitalized COVID-19 patients; � � ii) The capacity for critical care beds and ventilators; iii) The ability to test for COVID-19; and � iv) The capacity for contact tracing. � 3. Current Assessment of the Impact of COVID-19 for the Reopening of Indiana � � � In applying the criteria listed above, each county is designated as follows: � m a. From May 1, 2020, at 11:59 p.m. through May 4, 2020, at 11:59 p.m., all Indiana counties are in Stage 1 and shall continue to adhere to the directives in Executive Order 20-22. � � �, b. On May 4, 2020 at 11:59 p.m. through May 23, 2020, at 11:59 p.m., all Indiana counties except Cass, Lake & Marion, will be permitted to advance to Stage 2 and must adhere to the directives in this Executive Order. Cass, Lake & Marion counties remain in Stage 1. ; �� � � �, c. On May 11, 2020 at 11:59 p.m. through May 23, 2020, at 11:59 p.m., Lake and Marion counties will be permitted to advance to Stage 2 at which time the county must adhere to the directives in this Executive Order. Cass county remains in Stage 1. � � � � � � � � � � ! ! �, � � m � d. On May 18, 2020 at 11:59 p.m. through May 23, 2020, at 11:59 p.m., Cass county will be permitted to advance to Stage 2. Until May 18, 2020, this county must continue to adhere to the directives in Executive Order 20-22. e. As set forth in ,r,r 35 & 36, unless otherwise specified, nothing in this Executive Order prohibits a county from imposing more stringent requirements than this Executive Order requires. � m � � 3 ������������������� ������ � �� � � � � ������� �������������������������������� � � � � � � � � ! � i ; � � � � �, ! �, � � � �" ! � 4. R