{"id":"DE-006","kind":"order","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Governor John C. Carney","authority":"20 Del. C. ch. 31","instrument":"Fifth Modification of the Declaration of a State of Emergency","title":"Fifth Modification of the Declaration of a State of Emergency (shelter in place; prohibited and permitted travel; Essential Activities; Minimum Basic Operations; testing)","dateIssued":"2020-03-22","effective":"2020-03-24 8:00 a.m. E.D.T. (approved Mar. 22, 2020 at 4:02 p.m.)","end":"2020-06-01 8:00 a.m. E.D.T. (Twentieth Modification § B.1: \u0027the Fifth Modification... and all amendments thereto, are hereby stricken and replaced with this Twentieth Modification and Delaware\u0027s Phase 1 Reopen Plan\u0027, Ex. DE-024)","startDate":"2020-03-24","endDate":"2020-06-01","quarters":["2020Q2"],"types":["STAY","TRAV","CLOSE","GATH"],"addressees":["all individuals living within Delaware","all businesses (Minimum Basic Operations)","public transit passengers","health-care providers offering testing"],"clause":"¶ 1: \u0027Shelter in place of residence. Effective March 24, 2020 at 8:00 a.m. E.D.T., with the exceptions as outlined below, all individuals currently living within the State of Delaware are ordered to shelter in place, at their home or place of residence except as permitted in this Fifth Modification... All persons may leave their homes or places of residence only for Essential Activities or Essential Travel, as defined below.\u0027 ¶ 6: \u0027Prohibited and permitted travel. All travel (including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, and public transit), except Essential Travel or travel for Essential Activities, as defined below, is prohibited.\u0027 ¶ 7.d: Essential Activities include \u0027To perform work permitted by the Fourth Modification.\u0027 ¶ 10: \u0027Minimum Basic Operations... include... a. The minimum necessary activities to maintain the value of the business\u0027s inventory, preserve the condition of the business\u0027s physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions. b. The minimum necessary activities to facilitate employees of the business being able to work remotely or continue to work remotely from their residences.\u0027 ¶ 11: \u0027The intent of this Order is to ensure that the maximum number of people self-isolate in their places of residence to the extent feasible, while enabling essential services to continue.\u0027 Recital: \u0027Delawareans should refrain from organizing or attending social gatherings of any size, except for regular interactions with immediate family members, members of the same household, caregivers, or individuals with whom you have a close personal relationship.\u0027 ¶ 13: \u0027This Order has the force and effect of law. Any failure to comply... constitutes a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125.\u0027","enforcement":"¶ 13: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; ¶ 4 preserves DEMA isolation and quarantine orders under 20 Del. C. § 3136 and DPH orders under 16 Del. C. § 505","functions":["CB customer base confined to residences","WF workforce confined except for permitted work","TR/TV all travel prohibited except Essential Travel","OF non-essential offices limited to Minimum Basic Operations (remote work facilitation)","MK/GATH social gatherings of any size discouraged; events barred by DE-002/DE-012"],"notes":"The paradigm stay-at-home order: an order to the public limiting commerce, travel and group meetings in terms. Hotels, motels and shared rental units are \u0027homes and residences\u0027 for the order\u0027s purposes (¶ 5).","sourceUrl":"https://archivesfiles.delaware.gov/Executive-Orders/Carney/public-health/Fifth-Modification-to-State-of-Emergency-03222020.pdf","snapshot":"","fileExists":true,"fileBytes":161511,"grade":"primary","character":"","description":"","collection":"DE","url":"/library/DE-006","exhibitUrl":"/exhibit/DE-006","citation":"Governor John C. Carney, Fifth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-006)","stateName":"Delaware","related":["DE-024","DE-002","DE-012","DE-001","DE-003","DE-005","DE-007","DE-009","DE-068","DE-004","DE-010","DE-011"]}