Fourth Modification of the Declaration of a State of Emergency

The record

Jurisdiction

Delaware

Level

State

Authority

20 Del. C. ch. 31; 20 Del. C. § 3116(b)(13) (recited: 'the power to take such other actions as the Governor reasonably believes necessary to help maintain life, health, property or public peace')

Issued

2020-03-22 Mar. 22, 2020

Effective

2020-03-24 8:00 a.m. E.D.T. (approved Mar. 22, 2020 at 4:00 p.m.) (read as 2020-03-24)

End

Closure clause (¶ 8) replaced by the Tenth Modification Apr. 7, 2020 and struck by the Twentieth Modification effective June 1, 2020 (Phase 1); essential-business duties carried into the Phase 1 and Phase 2 business responsibilities; all prior Modifications struck Sept. 4, 2020 (DE-031) (read as 2020-04-07)

In force

Mar. 24, 2020 to Apr. 7, 2020

Quarters

2020 Q22020 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Business closureTelework mandateCapacity limitWorkplace rules

Addressees

• all businesses, establishments and enterprises in Delaware
• State offices and State employees
• Division of Small Business
• essential businesses (duties)
• non-essential businesses (closure)

Functions reached

• SF sales floor / premises closed for every non-essential business
• OF/OP offices (State telework mandate; 'Teleworking must be maximized'; no visitors)
• WF workforce (over-60 and quarantined workers excluded from premises; 6 feet at all times)
• SL salons closed
• FC/PE/AM/SP venues closed
• SH realtors confined to home and necessary showings
• CC call centers closed
• ML malls closed
• CB customer base
• SC supply chain (CISA-based essential list)

Collection

Delaware DE

Operative words

¶ 1: 'Effective March 24, 2020 at 8:00 a.m. E.D.T., and until further notice, State offices will remain open, except that all State of Delaware employees able to telecommute are required to telecommute (work from home) wherever possible, in accordance with Department of Human Resource's guidance... State of Delaware employees unable to telecommute should report to their normal place of work at the start of their shift.' ¶ 5: '"Essential Businesses" as defined herein shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH, including to: a. Implement flexible and non-punitive sick-leave policies...; b. Exclude employees who (a) have been diagnosed with COVID-19, (b) are reasonably suspected to have COVID-19, or (c) have symptoms of acute respiratory illness...; c. Exclude employees who reside or intimately interact with persons who (a) have been diagnosed with COVID-19...; d. Exclude individuals at highest risk of poor outcomes such as those over age 60 and those with chronic underlying conditions from on-premises work (with the exception of healthcare workers); e. Separate sick employees from other individuals immediately; f. Prohibit employees who have been told they must be isolated or quarantined from on-premises work until cleared by DPH or a medical professional;... j. Follow all State and CDC guidelines and recommendations for social distancing, especially that there must be 6 feet of space between employees at all times...; l. Teleworking must be maximized; m. Visitors are not allowed inside worksites unless they are providing essential services. n. Participate and encourage employees to abide by the Governor's shelter in place policies... including limitations on driving for essential travel only. o. All businesses deemed essential by this order shall be subject to inspection by appropriate state officials as necessary. Should any individual company or group of companies be found to not be making best efforts to enforce the standards..., they will be subject to immediate closure until the State of Emergency is lifted.' ¶ 7 (Non-Essential Businesses): 'Hospitality and Recreation Facilities, including... indoor community and recreation centers... casinos and racetracks... sporting facilities... gyms, including yoga, barre and spin facilities... hair salons, barber shops, nail salons, and spas; Concert halls and venues; Theaters and performing arts venues; Sporting event facilities and venues; Golf courses and shooting ranges [unless distancing]; Realtors of both residential and non-residential properties and associated industries, except that Realtors are permitted to work from home to the extent feasible, to do all necessary showings to perspective buyers/lessors, and to take any action necessary to complete any sales or rentals in progress...; Certain Business support services, including customer service call centers and telemarketing operations; Shopping malls...; and Retail stores not included within the definition of Essential Businesses.' ¶ 8: 'Closure of Non-Essential Businesses. All physical locations of Non-Essential Businesses within the State of Delaware shall be closed until after May 15, 2020, or the public health threat of COVID-19 has been eliminated, effective 8:00 a.m. E.D.T. on Tuesday, March 24, 2020, except that Non-Essential Business may continue to offer goods and services over the internet.' ¶ 9: 'Enforcement. This Order has the force and effect of law. Any failure to comply with the provisions contained in a Declaration of a State of Emergency or any modification to a Declaration of the State of Emergency constitutes a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125. State and local law enforcement agencies are authorized to enforce the provisions of any Declaration of a State of Emergency.'

Enforcement

Notes