A digital version of the signed declaration: Twenty-Third Modification to State of Emergency
TWENTY-THIRD MODIFICATION OF THE DECLARATION OF A STATE OF EMERGENCY FOR THE
STATE OF DELAWARE DUE TO A PUBLIC HEALTH THREAT
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has determined that a novel coronavirus (“COVID-19”) presents a serious public health threat, and has advised the public that asymptomatic individuals may be carriers of the COVID-19 virus and may unknowingly spread the virus to other individuals in close proximity, and therefore, social distancing is required to help mitigate the individual exposure to (and community spread of) the COVID-19 virus; and
WHEREAS, it is in the best interests of the State to protect its citizens from a public health emergency that could threaten the lives of those who live and work here; and
WHEREAS, on March 12, 2020 at 3:00 p.m. E.D.T., I issued a State of Emergency declaration due to the public health threat of COVID-19, which became effective as of 8:00 a.m. E.D.T. on March 13, 2020 (the “COVID-19 State of Emergency”); and
WHEREAS, on March 16, 2020 at 2:00 p.m. E.D.T., I issued the First Modification to the COVID-19 State of Emergency declaration to advise that the CDC issued new guidance for large events and mass gatherings, recommending that organizers halt gatherings of fifty (50) people or more for the next eight weeks due to the public health threat of COVID-19, including conferences, social events, concerts and other types of assemblies; and
WHEREAS, on March 18, 2020 at 2:00 p.m. E.D.T., I issued the Second Modification to the COVID-19 State of Emergency declaration that modified the limitations on public gatherings of fifty (50) or more people and, among other things, placed certain restrictions on the operation of certain businesses and facilities in the State of Delaware; and
WHEREAS, on March 21, 2020 at 12:00 p.m. E.D.T., I issued the Third Modification to the COVID-19 State of Emergency declaration to close all Delaware beaches, except to persons using the beaches for exercise or to walk their dogs, subject to certain precautions recommended by the CDC on COVID-19, which became effective as of 5:00 p.m. E.D.T.; and
WHEREAS, on March 23, 2020 at 4:00 p.m. E.D.T. and 4:02 p.m. E.D.T., respectively, I issued the Fourth and Fifth Modifications to the COVID-19 State of Emergency declaration to close all non-essential businesses in Delaware, except those that can offer goods and services on the Internet, and to order a Shelter in Place for Delaware residents; and
WHEREAS, on March 24, 2020 at 4:00 p.m. E.D.T. I issued the Sixth Modification to the COVID-19 State of Emergency declaration to provide a moratorium on evictions and foreclosure proceedings to enable Delawareans to shelter in place safely, extended the presidential primary, provided for absentee balloting during the COVID-19 crisis, provided for a modified state procurement process, and placed a moratorium on cancellation of insurance policies for delay in premium payments caused by the economic uncertainty; and
WHEREAS, on March 29, 2020 at 4:30 p.m. E.D.T., I issued the Seventh Modification to the COVID-19 State of Emergency declaration to provide for the self-quarantine of travelers from areas severely impacted by COVID-19 outside the State of Delaware into the State; and
WHEREAS, on March 30, 2020 at 5:00 p.m. E.D.T., I issued the Eighth Modification to the COVID-19 State of Emergency declaration to permit a comprehensive approach to the provision of childcare in the State of Delaware during the State of Emergency to support essential workers; and
WHEREAS, on April 1, 2020 at 3:00 p.m. E.D.T., I issued the Ninth Modification to the COVID-19 State of Emergency declaration to prohibit gatherings of ten (10) or more people and increase safety precautions for businesses and their visitors; and
WHEREAS, on April 6, 2020 at 6:00 p.m. E.D.T., I issued the Tenth Modification to the COVID-19 State of Emergency declaration to further restrict the operation of non-essential businesses to limit the spread of COVID-19; and
WHEREAS, on April 10, 2020 at 3:30 p.m. E.D.T., I extended the COVID-19 State of Emergency declaration, as modified; and
WHEREAS, on April 15, 2020 at 9:00 a.m. E.D.T., I issued the Eleventh Modification to the COVID-19 State of Emergency declaration to provide increased guidance and support to long-term care facilities to protect our most vulnerable populations and to permit remote notarization under limited circumstances; and
WHEREAS, on April 23, 2020 at 4:15 p.m. E.D.T., I issued the Twelfth Modification to the COVID-19 State of Emergency declaration to allow the Public Health Authority to activate more out-of-state health care workers to assist in Delaware’s fight against COVID-19; and
WHEREAS, on April 25, 2020 at 4:00 p.m. E.D.T., I issued the Thirteenth Modification to the COVID-19 State of Emergency declaration to require the use of cloth face coverings in public settings where other social distancing measures are difficult to maintain, including in grocery stores and pharmacies, especially in areas of significant community-based transmission; and
WHEREAS, on April 29, 2020 at 6:00 p.m. E.D.T., I issued the Fourteenth Modification to the COVID-19 State of Emergency declaration limiting the rent that may be charged to holdover tenants and preventing landlords from charging holdover tenants with losses not covered by the expired rental agreement; and
WHEREAS, on May 7, 2020 at 10:00 a.m. E.D.T., I issued the Fifteenth Modification to the COVID-19 State of Emergency declaration to permit minimum operations by certain small businesses to begin a gradual process toward businesses reopening, and to extend deadlines for statewide, municipal, and school district elections due to the ongoing public health concerns caused by COVID-19; and
WHEREAS, on May 8, 2020 at 12:30 p.m. E.D.T., I extended the COVID-19 State of Emergency declaration a second time; and
WHEREAS, on May 10, 2020 at 1:15 p.m. E.D.T., I issued the Sixteenth Modification to the COVID-19 State of Emergency declaration to suspend end-of-year evaluations for educators, professional development requirements and assessments due to the suspension of the school year caused by COVID-19; and
WHEREAS, on May 14, 2020 at 5:00 p.m. E.D.T., I issued the Seventeenth Modification to the COVID-19 State of Emergency declaration to reopen Delaware beaches, boardwalks, certain on-premise businesses, and swimming facilities, subject to precautions needed to protect public health; and
WHEREAS, on May 18, 2020 at 12:30 p.m. E.D.T., I issued the Eighteenth Modification to the COVID-19 State of Emergency declaration encouraging virtual services but expanding the ability of houses of worship and places of religious expression to conduct in-person services with safety precautions; and
WHEREAS, on May 22, 2020 at 4:00 p.m. E.D.T., I issued the Nineteenth Modification to the COVID-19 State of Emergency declaration to allow restaurants to expand outdoor seating capacity and provide the parameters of the Phase 1 Reopen Plan; and
WHEREAS, on May 31, 2020 at 3:30 p.m. E.D.T., I issued the Twentieth Modification to the COVID-19 State of Emergency declaration to expand and clarify the Phase 1 Reopen Plan; and
WHEREAS, on June 6, 2020 at 12:30 p.m. E.D.T., I extended the COVID-19 State of Emergency declaration a third time; and
WHEREAS, on June 14, 2020 at 5:00 p.m. E.D.T., I issued the Twenty-First Modification to the COVID-19 State of Emergency declaration to set forth the parameters for the Phase 2 Reopen Plan; and
WHEREAS, on June 19, 2020 at 3:30 p.m. E.D.T., I issued the Twenty-Second Modification to the COVID-19 State of Emergency declaration to expand and clarify the Phase 2 Reopen Plan; and
WHEREAS, as the State continues its reopening plan, moratoriums put in place at the height of the COVID-19 pandemic to help ensure the state’s shelter in place mandate no longer apply; and
WHEREAS, on June 8, 2020 the Delaware courts reopened to conduct business, but eviction and foreclosure matters continue to be stayed per the 6th Modification to the State of Emergency; and
WHEREAS, it is necessary to enable our courts to conduct its business as usual and work with landlords and tenants and homeowners and lenders to resolve housing matters; and
WHEREAS, it is necessary to give policyholders, granted a grace period from cancellation of insurance policies due to nonpayment of premiums caused by the COVID-19 State of Emergency, a reasonable timeframe within which to repay premium payments in order to maintain coverage under the policies; and
WHEREAS, reopening the State in a phased approach allows for officials to continue to monitor the spread of COVID-19 and react appropriately; and
WHEREAS, as part of that reopening, the State must respond if a resurgence of COVID-19 positive cases is detected to stop the spread of the virus and avoid its harmful impact on the state’s public health; and
WHEREAS, it is necessary to limit use of certain taprooms and restaurants where an increase in COVID-19 cases has been documented; and
WHEREAS, the Phase 2 Reopen Plan, like the interim steps before it, and the steps taken afterwards, were formulated in close consultation with public health officials to ensure that the core principle of controlling the spread of COVID-19 is considered at a time when the State must continue to exercise heightened caution.
NOW, THEREFORE, I, JOHN C. CARNEY, pursuant to Title 20, Chapter 31 of the Delaware Code, to control and prevent the spread of COVID-19 within the State of Delaware, do hereby order that the COVID-19 State of Emergency declaration, as modified by the First through Twenty-Second Modifications and extended on April 10, 2020, May 8, 2020, and on June 6, 2020, shall remain in effect until further notice, with the following modifications and additions:
A. PHASE 2 TEMPORARY BUSINESS RESTRICTIONS. Notwithstanding the provisions of the Twenty-First Modification and the Phase 2 Reopen Plan, effective July 3, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply to taprooms and bar service in restaurants in the towns of Lewes, Rehoboth Beach, Dewey Beach, Long Neck, Bethany Beach, South Bethany, Fenwick Island, West Fenwick Island, Ocean View, Millville and/or the following zip codes: 19966 east of Rt. 24 and Rt. 5; 19945 east of Rt. 17; 19975 east of the intersection of Rts. 20 and 54, and the entirety of 19944, 19967, 19970, 19930, 19971, and 19958:
B. INSURANCE. Effective July 1, 2020 at 8:00 a.m. E.D.T., paragraph E. of the Sixth Modification of the Declaration of the State of Emergency, dated March 24, 2020, relating to the payment of insurance premiums, and paragraph 5. of the Ninth Modification, dated March 30, 2020, which modified paragraph E. of the Sixth Modification, are hereby stricken and replaced with the following:
C. EVICTIONS. Effective July 1, 2020 at 8:00 a.m. E.D.T., Paragraph B of the Sixth Modification of the Declaration of the State of Emergency related to evictions, as clarified by Paragraph 1 of the Fourteenth Modification of the Declaration of the State of Emergency, is modified by deleting it in its entirety, including Paragraph 1 of the Fourteenth Modification, and substituting the following language:
D. FORECLOSURES. Effective July 1, 2020 at 8:00 a.m. E.D.T., Paragraph C. of the Sixth Modification of the Declaration of a State of Emergency related to foreclosures is modified by deleting it in its entirety and substituting the following language:
E. UTILITIES. Effective July 1, 2020 at 8:00 a.m. E.D.T., Paragraph D. of the Sixth Modification of the Declaration of a State of Emergency related to utilities is modified by deleting it in its entirety and substituting the following language:
F. MISCELLANEOUS:
APPROVED this 30th day of June 2020 at 4:00 p.m.
John C. Carney
Governor