The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- Del. Const. art. III; 20 Del. C. ch. 31 (Emergency Management), subch. III (The Governor and Emergency Management)
- Issued
- 2021-02-21 Feb. 21, 2021
- Effective
- in force throughout 2020 and 2021 (read as 2021-02-21)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Feb. 21, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStay-at-homeBusiness closureCurfew and hoursStanding duty
- Addressees
- persons generally; every business and premises within the State
- Character
- statutory authority
- Collection
- Standing duties: Delaware DUT-DE
Operative words
In performing the duties of the Governor under this chapter, the Governor may issue, amend and rescind all necessary executive orders, emergency orders, proclamations and regulations, which shall have the force and effect of law.
Penalty
20 Del. C. § 3125: fine of $50 to $500 or imprisonment up to 6 months for each violation of the chapter or of an emergency order (Ex. DUT-DE-002)
What it required
Every executive order, emergency order, proclamation and regulation the Governor issued under the chapter had the force and effect of law, and during a state of emergency the Governor could control ingress, egress, the movement of persons and the occupancy of premises, establish curfews and take such other actions as reasonably necessary to maintain life, health, property or public peace. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteThe exhibit is the Wayback capture of Feb. 21, 2021 (in-period text). In that text § 3116(b)(5) reads 'Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein,' § 3116(b)(8) 'Establish curfews,' and § 3116(b)(13) 'Take such other actions as the Governor reasonably believes necessary to help maintain life, health, property or public peace' (the paragraph the Delaware Supreme Court cited in Ex. DUT-DE-012; renumbered (14) in the current code). § 3116(a)(9) authorizes directions to State and local law-enforcement officers 'for the purpose of securing compliance with this chapter.' Every Modification of the Delaware Declaration recites §§ 3115(b), 3116(9), 3122 and 3125 as the basis of its criminal enforcement (e.g., Ex. DE-005 ¶ 9; Ex. DE-012 ¶ 7; Ex. DE-017 ¶ 9; Ex. DE-024 ¶ 4). The file-name date is the retrieval date of the codified text.