GOVERNOR DOUGLAS A. DUCEY STATE OF ARIZONA EXECUTIVE @RDER Executive Order 2020-33, Returning Stronger Amending the Stay Home, Say Healthy, Stay Connected Order WHEREAS, Arizona is commited to combating COVID-19, which represents a serious theat to public health; and WHEREAS, the State of Arizona has taken proactive actions to mitigate the risk of COVID-19 to ‘public health and address the economic impact ofthe COVID-19 pandemic; and WHEREAS, on March 11, 2020, pursuant to ARS. §§ 26-308 and 36-787, I, as Governar ofthe State of Arizona, isued a declaration of a Public Health State of Emergency du to the necessity to Prepare fo, prevent, respond to, and mitigate the spread of COVID-19; and WHEREAS, many businesses have greatly reduced ther hours and operations as directed by health officials and in an effort to proteet the public health and slow the spread of COVID-19; and WHEREAS, on March 17, 2020, following updated guidance from the Centers for Disease Control and Prevention (CDC), the Arizona Department of Health Services (ADHS) issued updated guidance ‘that included canceling or postponing gatherings of 10 or more people, revommending telework and ‘ther alfematives, restricting access to nursing homes, retirement homes and long-term care facilitios to provide critical assistance, and providing recommendations to restaurants and cating ‘establishments to mitigate the risk of COVID-19 transmission; and WHEREAS, on March 19, 2020, Executive Onder 2020-09 was issued requiring restaurants in Arizona counties with confirmed! COVID-19 cases to provide dine-out options only and required all ‘bars, gyms and movie theaters in thse counties o close; and WHEREAS, on March 19, 2020, Executive Order 2020-10 halted all elective surgeries inthe State of Arizona to fiee up medical resources and maintsin the capacity for hospitals and providers 19 ‘continue offering vital services; and WHEREAS, essential services were identified in Executive Onder 2020-12 as those specifically necessary fo promote the public health, safety and welfae ofthe State or asist others in falling such functions and WHEREAS, to combat COVID-19, and at the recommendation of the state's heath officials, the State of Arizona must continue its efforts by further limiting potential exposure through a policy of physical distancing while maintaining socil connectedness; andWHEREAS, pursuant to ARS. § 26-303(8), the Governor of Arizona, after a Declaration is issued, has “the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this ite”; and WHEREAS, pursuant to ARS. § 36-787(A), during a State of Emergency declared by the Govemor, the Arizona Deparment of Health Services has primary jurisdiction, esponsibility and authority for: (1) Planning and executing public health emergency assessment, mitigation, preparedness response snd recovery ofthe Stato; and {@) Coordinating public health emergency response among State, local and tribal authorities; and ) Collaborating with relevant federal government authorities, elected officals or ther states, ‘private organizations and private sector companies; and (8) Coordinating recovery operations and mitigation initiatives subsequent to public health ‘emergencies; and WHEREAS, on March 30, 2020, the Direefor ofthe Arizona Department of Health Services, based ‘on an epidemiological assessment of Arizona specific data and in alignment with CDC guidance, recommended the State implement enhanced mitigation strategies; and WHEREAS, since the issuance of Executive Onder 2020-18, Stay Home, Stay Healthy, Stay Connected, the federal government issued guidance on the criteria that states should meet prior to allowing gatherings of people and opening basinests that have been closed dae to the need t0 sitgate COVID-19; and WHEREAS, due to the availabilty of Personal Protective Equipment (PPE) and efforts taken to ‘increase capacity in our hospitals and intensive care units, Arizona is now more prepared to fae the potential for an increase in patients needing treatment for COVID-19; and WHEREAS, even with this increased capacity, the data is still showing significant numbers of people testing positive for COVID-19 and we ar still learning the extent to which the disease has spread within our state; and WHEREAS, increased diagnostic and serology testing is beginning in Arizona in partnership with private labs and the universities; and WHEREAS, since April 1, 2020, essential businesses have innovated and proven they can implement protocols to ensure that employees and the public are safe as they fulfill Essential ‘Activities and participate in Essential Functions; and WHEREAS, although strides to assess, mitigate and prepare for the COVID-19 response and recovery have been made, the current efforts in the State to limit potential exposure through apoliey ‘of physical distancing while maintaining social connectedness is necessary; andWHEREAS, in continuing efforts to mitigate, respond and recover from COVID-19, there isthe ability to slowly and statogically loosen some restritions while others remain in place as we tum toward reonergizing our economy. NOW, THEREFORE, |, Douglas A. Ducey, Governor of the State of Arizona, by virtue ofthe authority vested ia me by the Constitution and laws of the Stat, including but not limited t ARS, §§ 26-203 and 36-787, and ater consultation with the Director ofthe Arizona Department of Heath Services, do hereby order 1. Arizona shall institute a "Stay home, Stay healthy, Stay connected” policy that promotes ‘physical distancing, while also encouraging social connectedness. Tis builds on actions the State has aleady taken, and further memerializes some already in effect, o slow the spread ‘of COVID-19 and protect our citizens 2, Under this policy, all individuals inthe State of Arizona shall limit their ime away from their place of residence or property, except b. a ‘To conductor participate in Essential Activities; Fr employment, to volunter or participate in Essential Functions; ‘To ullize any services or products provided by Essential Businesses; Employment, if as a sole proprietor or family owned business, work is conducted ina separate office space ffom your home and the business isnot open to seve the publi; and No person shall be required to provide documentation or proof of their activites to justly dei activities under this order. 3. Arizonans are encouraged to improve social connectedness, resiliency, and help-seeking behavior by: ‘Maintaining ongoing coanections and communication with eurrent social supports and structures such as family, fiends, neighbors and other socal groups; Educating fellow Arizonans on the negative health impacs of social isolation; Developing habits and activities that inerease resilience, such as physical activity, viwal sovial gatherings, assisting neighbors, implementing or participating in connection campaigns for at-risk populations, and participating in volunteer activities; Sharing information and awareness of newly available socal services and resources to improve tho stability of families and reduce financial stressors; and Shating information and awareness of resources in the community by providing {information on where and how high risk populations ean aecess suicide prevention services throughout Arizona, including specific resources that are targeted to high risk populations. 4 Under is oi Ete Actes nee: (Oblaining necessary supplies and services for family, household members and pets, such as groceries, food and supplies for houschold consumption and use, supplies and ‘equipment needed t0 work from home, assignments for completion of distance Teaming and products necessary to maintain safety, sanitation and essential ‘maintenance ofthe home and residence;fg. Engaging in activities essential for the health and safety of family, housebold members and pets, including things such as secking medical, behavioral heath or emergency services and obtaining medical supplies or medication; 1h. Caring for a family member, fiend, or pet in another household or residence, which includes but isnot limited to transportation ofa family member, frend o ther pet for essential health and safety activities and to obtain necessary supplies and services for the other household; |, Engaging in outdoor exercise activities, such as walking, hiking, running, biking oF golfing, but only if appropriate physical distancing practices are used; 4. Asonding or conducting work or voluateering in Essential Funetions which includes but isnot limited to transporting children to child care services for attending work in an essential service; Engaging in constitutionally protected activities such as speech and religion, and any legal or court process provided that such is conducted in a manner that provides sppropriate physical distancing to the extent feasible; and 1. Persons may visit retailers permitted to operate pursuant to this order. ‘5. To the extent individuals are using shared or outdoor spaces when outside ther residence or property for Essential Activities, they shall to the extent possible maintain physical ‘istancing ofa least six fet from any other person, consistent with guidance from the CDC. 6. All persons may leave their place of residence only for Essential Activities, to participate in ‘or receive Essential Governmental Functions, orto participate in or fulfill Essential Functions ‘outlined in Executive Order 2020-12. 7. Individuals shal limit use of public transportation to when absolutly necessary to oblain o conduct Essential Activites or attend work in an Essential Function. While using public transportation, riders shall maintain to the extent posible recoramensded physical distancing ‘of atleast sx fect fom other riders and the operator ‘8 Individuals experiencing homelessness are exempt ftom tis directive, but are strongly urged to obtain shelter as soon as posible and to the maximum extent practicable 9, Individuals whose residences are unsafe or become unsafe, such as victims of domestic violence, ae permitted and urged to leave their ome and stay ata safe alternative location. 10, For purposes of this Executive Order, homes or residences include hotels, motels, shared rental units, shelters, and similar facilites. 11. Rginesses and entities that remain open shall implement rules and procedures that facilitate physical distancing and spacing of individuals of at last six fect ‘4 All businesses that are classified as Essential Functions may remain open and maintain operations, but shall establish and implement social distancing and Sanitation measures established by the United States Department of Labor or the Arizona Department of Health Services. ' Essential Functions conducted by governmental entities shall remain open. ‘Goverament leaders may adjust operations to promote physical distancing, including but nt limited to offering on-line services as feasible limiting the numberof personsina physical space or limiting access to specific facilites or area to protect fom the spread of COVID-19, ‘e. Employment in Essential Businesses and Operations means an essential employee performing. work for an Essential Function as identified in the “Prohibiting the Closure of Essential Services” Executive Order lst. 12, Exoopt as provided herein, non-essential businesses may continue to operate those activities that do not require in-person, on-site transactions and are encouraged to maintain atleast ‘minimum basic operations that maintain the value ofthe business’ inventory, preserve the ‘condition ofthe business’ physical plant and equipment, ensue secuny, process payroll nd ‘employee benefits, facilitate employees of the business being able to contiaue to work remotely from ther residences, and related functions ta include mail pickup. 1. Effective May 4, 2020, retailers which are not classified as essential under Executive Onder 2020-12, Prohibiting the Clasure of Essential Services, and whose business involves the sale of goods, may operate and offer goods through delivery service, window service, wall-up service, drivethrough service, drive-up serviee, eurbside Aelivery or appointment provided they establish and implement protocols and best practices for businesses to address COVID-19 as outlined inthis ord. b. Effective May 8, 2020 retailers which are not clasifed as essential under Exceative Order 2020-12, Prohibiting the Closure of Bssential Services, and whose business involves the sale of goods may open, operate and offer goods forsale to customers in theie stores provided they establish and implement protocols and best practices for ‘businesses to address COVID-19 as outlined in this order ©. To operate under this order, retailers for goods shal follow those provision outlined in paragraph 1 4 Areas where people may be inclined to congregate in an enclosed or confined area ‘such as indoor shopping malls shall continue to limit operations. Retailers located ‘within such buildings of areas whose only entrance is through the shopping mall or ‘other enclosed area may operate through delivery or curbside service or appointment only ©, Nothing in tis order shall be construed as requiring a retailer to open for business 13, This Executive Order shall not be construed to prohibit working from home, operating @ single owner business with no in-person, on-site public interaction, or restaurants and food serves providing delivery or take-away services, so long as proper physical distancing and Sanitation measures are established and implemented. 14, Arizonans are already acting responsibly during this public health emergency. The intent of this Executive Order is to ensure that people maintain physical distance to the maximum extent feasible, while enabling essontal services to continue, reinvigorating our economy, protecting people's rights and slowing the spread of COVID-19 to the greatest extent possible. When people need to leave their places of residence, whether to perform Essential Activities, of 10 otherwise facilitate authorized activities necessary for continuity of soci ‘and commercial ie, they should at ll imes and as much as reasonably possible comply wit physical distancing recommendations. All provisions of this Executive Order shall be {nterpreted to effectuate this intent, Prior to any enforcement action being taken to enforce1s. 16. 0. this order in accordance with ARS. § 26-317, a person shall be notified and given an ‘opportunity to comply. Pursuant to ARS. § 26307, no county, city or town may make or issue any onde, rule oF regulation that conflicts with the policy, directives or intent ofthis Executive Order, including any ordet, rule or regulation that limits an individual from conducting, participating in or receiving Essential Services, Essential Activities or Non-essential Services as outlined in this order and prior executive orders If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does no affect any other provision or application of this Executive Order, which ean be given effet without the Invalid provision or application. To achieve this purpose, the provisions ofthis Executive (Order are declared tobe severable. This Executive Order shall be in effect until May 15, 2020 at 11:59 pum. unless modified, extended or rescinded IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Asizon. Teg ng. GOVERNOR DONE at the Capitol in Phoenix on this twenty-ninth day of Apail in the Year Two Thousand and Twenty and of the Independence of the United States of ‘America the Two Hundred and Forty-Fourth, ATTRsr: Ai Secretary of State