Delaware Code
Title 20 - Military and Civil Defense

§ 125. Assistant Adjutants General — Duties in absence or disability of Adjutant General. - In case of absence or disability of the Adjutant General...

§ 127. Military staff of Governor. - The military staff of the Governor shall consist of the...

§ 128. Duties of Department of Military Affairs. - The Department of Military Affairs shall assist the Adjutant General...

§ 129. Commissioned and warrant officers; oath and term of appointment. - All officers known as commissioned officers and warrant officers, appointed...

§ 130. Regulations as to appointment of officers and other matters. - The Governor of this State may issue such regulations governing...

§ 131. Enlistment and oath. - Enlistment and oath of enlistment in the National Guard of...

§ 132. Death of veteran personnel; state flags to half-staff. - If any unit of the Delaware National Guard learns of...

§ 134. Retirement of officers and enlisted personnel — Rights of retired officers and enlisted personnel. - Retired officers and enlisted personnel shall be borne on the...

§ 135. Oaths and affirmations; who may administer; false swearing. - (a) General, field, commissioned and warrant officers may administer oaths...

§ 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds. - (a) The Adjutant General shall determine the use of armories...

Subchapter III. Property; Accountability, Misappropriation and Injury

§ 141. Property accountability. - (a) Any officer, enlisted member, employee or agent of the...

§ 142. Arms and property to be deposited on order of proper officer; penalty; notice; lost or damaged arms or equipment. - (a) All arms, equipment or other property furnished to organizations...

§ 143. Recovery of arms and property of disbanded company. - Upon disbandment of any company or organization which has received...

§ 144. Enforcement; jurisdiction; appearance through designated officer. - (a) The Justice of the Peace Courts shall have jurisdiction...

Subchapter IV. Courts-Martial and Sentences

§ 151. Kinds of courts-martial; procedures; jurisdiction; Military Judges; Judge Advocates. - (a) Courts-martial shall be of 3 kinds: (1) Convictions by...

§ 152. General courts-martial. - (a) The Governor or Adjutant General may convene a general...

§ 153. Special courts-martial. - (a) A commander of the rank of O-6 (Colonel), the...

§ 154. Summary courts-martial. - (a) A commander of any unit of the Delaware National...

§ 155. Penalties. - (a) When not in federal service under Title 10 of...

§ 156. Sentences which require Governor's approval. - When not in federal service under Title 10 of the...

§ 157. Process. - The President, Military Judge, or Summary Court Officer of any...

§ 158. Disobedience of subpoenas. - (a) Any member of the Delaware National Guard who fails...

§ 159. Payment of fines. - (a) Upon approval of the sentence of any court-martial to...

§ 162. Violation of duties by sheriffs, constables and wardens. - Whoever, being a sheriff, constable or prison warden neglects or...

§ 163. Nonjudicial punishment. - Any commanding officer of the Delaware National Guard, not in...

Subchapter V. Calling Out of National Guard

§ 171. Governor as Commander in Chief; call out of National Guard for state duty. - (a) When the Governor has determined that it is in...

§ 172. Proclamation of state of insurrection. - Whenever any portion of the Delaware National Guard is employed...

§ 173. Requisition for military force; neglect to respond to notice. - All requisitions for military force shall be made known to...

§ 175. Exemption from arrest; right-of-way. - No person belonging to the military forces of this State...

§ 176. Rules governing troops when called into service. - Whenever the troops are called into active federal duty, the...

§ 177. Bounds from which civilians are excluded; offenses of civilians; penalties; jurisdiction. - (a) After the Delaware National Guard has been called out...

§ 178. Immunity from civil and criminal liability. - (a) Neither this State, nor the National Guard of the...

§ 179. Waiver of late fees for state-issued licenses. - (a) No National Guard member or reservist who is called...

Subchapter VI. Service Pay, Disability Compensation and Company Appropriations

§ 181. Service pay and expenses during emergency service - (a) For every day of service while on State duty...

§ 182. Disability and death benefits for injury or death occurring in service of the State. - (a) As used in this section, the phrase “service of...

§ 184. Unit fund grant. - The Delaware National Guard shall receive an appropriation annually for...

§ 185. Exemption from state merit system. - Personnel employed by the State to support the operations and...

§ 187. Service Members' Life Insurance Reimbursement Fund. - (a) The “Service Members' Life Insurance Reimbursement Fund” is created...

§ 188. . . State-sponsored life insurance. - All members of the Delaware National Guard will be entitled...

Chapter 3. STATE DEFENSE FORCES

§ 301. Establishment and composition. - (a) The Governor may organize such military forces within this...

§ 302. Rules and regulations prescribed by Governor. - (a) The Governor may prescribe rules and regulations for the...

§ 303. Pay and allowances. - (a) The Delaware State Defense Forces shall, when called into...

§ 304. Arms and equipment. - The Governor may enter such agreements as are necessary to...

§ 305. Use of State Defense Forces outside of Delaware. - (a) The Delaware State Defense Forces shall not be required...

§ 306. Permission to military forces of other states to pursue and arrest persons in Delaware. - (a) Any military forces, or organization, unit or detachment thereof,...

§ 307. Federal service. - Nothing in this chapter shall be construed as authorizing the...

§ 308. Freedom from arrest and exemption from jury duty. - (a) No officer or enlisted member of the Delaware State...

Chapter 5. WAR RECORDS

§ 501. Agreements or contracts to gather and preserve. - (a) The Adjutant General of this State shall make such...

Chapter 7. MEDALS, DECORATIONS AND HONORS

§ 701. Conspicuous Service Cross. - (a) The Adjutant General, on behalf of the Governor, may...

§ 702. Delaware National Guard Medal. - (a) The State Headquarters, on behalf of the Adjutant General,...

§ 703. Delaware Distinguished Service Medal. - (a) The Adjutant General may present, in the name of...

§ 704. Medal for Military Merit. - (a) The Adjutant General may present, in the name of...

§ 705. Medal for Service in Aid of Civil Authority. - (a) The state headquarters, on behalf of the Adjutant General,...

§ 706. Minor awards and ribbons. - The Adjutant General may establish such minor awards and ribbons...

§ 707. Honors for retired members of the Delaware National Guard. - (a) Time and age retirement requirements as contained in federal...

Chapter 9. MISCELLANEOUS MATTERS RELATING TO MILITARY ORGANIZATIONS

§ 904. Unlawful use of insignia of veterans' organizations; penalties. - Whoever, not being a member of the Grand Army of...

§ 905. Leaves of absence for members of reserve on temporary active duty. - (a) If any employer fails to comply with any provisions...

Chapter 10. VETERANS WITH PARAPLEGIA

§ 1001. Pension benefits. - (a) Each veteran with paraplegia eligible for benefits hereunder shall...

Chapter 12. DELAWARE VETERANS MEMORIAL CEMETERY

§ 1201. Established. - There is hereby created and established a Delaware Veterans Memorial...

§ 1202. Supervision by Delaware Commission of Veterans Affairs; powers and duties. - The establishment, operation and maintenance of the Delaware Veterans Memorial...

§ 1203. Selection of site. - The site of the Cemetery shall be determined by the...

§ 1204. Eligibility for burial. - (a) Eligibility for interment in the Delaware Veterans Memorial Cemetery...

Chapter 31. EMERGENCY MANAGEMENT

Subchapter I. General Provisions

§ 3101. Declaration of policy and purpose. - Because of the existing possibility of the occurrence of emergencies...

§ 3102. Definitions. - As used in this chapter: (1) “COVID-19 order” means any...

Subchapter II. Delaware Emergency Management Agency

§ 3105. Creation. - To assure the prompt, proper and effective discharge of basic...

§ 3106. Organization. - The Delaware Emergency Management Agency of the Department of Safety...

§ 3107. Powers and duties. - DEMA is authorized and directed to: (1) Prepare and maintain...

§ 3107A. The State Emergency Management Fund. - The State Emergency Management Fund is established to provide DEMA...

§ 3108. Radiological Emergency Management Program. - (a) In addition to the powers and duties of DEMA...

§ 3109. Emergency alerts. - (a) As part of the comprehensive plan and program for...

Subchapter III. The Governor and Emergency Management

§ 3115. General authority of the Governor. - (a) The Governor shall be responsible for addressing the dangers...

§ 3116. Powers. - (a) In addition to any other powers conferred upon the...

§ 3117. Activation of emergency or disaster response. - The response and recovery aspects of the state emergency or...

Subchapter IV. Miscellaneous Provisions

§ 3121. Orders, rules and regulations. - (a) Other state agencies designated or appointed by the Governor...

§ 3122. Enforcement. - The law-enforcement authorities of this State and of the political...

§ 3123. Authority to accept services, gifts, grants and loans. - Whenever the federal government, an agency or any person shall...

§ 3124. Political activity. - No emergency management organization established under the authority of this...

§ 3125. Penalties. - Except where specified penalties are prescribed in this chapter, whoever...

§ 3126. Laws suspended during emergencies or disasters. - In the case of a declaration of a state of...

§ 3127. Conflict with other laws. - (a) Whenever the restrictions of any other statute, local ordinance...

§ 3128. Destruction of property, looting or injury of persons during state of emergency; penalty; liability for conduct of another. - (a) During a state of emergency, whoever maliciously destroys or...

§ 3129. Immunity from civil liability. - (a) Neither the State, nor any county in the State,...

§ 3130. Construction of chapter. - This chapter is intended to protect the health, property, environment...

Subchapter V. Public Health Emergencies

§ 3131. Findings. - The State finds as follows: (1) Government must do more...

§ 3132. Definitions. - The following terms shall have the indicated meanings when used...

§ 3133. Control of health-care supplies. - (a) The public health authority may purchase and distribute antitoxins,...

§ 3134. Destruction of property. - To the extent practicable and consistent with the protection of...

§ 3135. Medical examination and testing during public health emergency. - During a state of emergency, the following rules shall apply:...

§ 3136. Isolation and quarantine during public health emergency. - The following isolation and quarantine procedures shall be in effect...

§ 3137. Vaccination and treatment during public health emergency. - During a state of emergency, the public safety authority may...

§ 3138. Collection of laboratory specimens; performance of tests during public health emergency. - During a state of emergency, the public health authority may,...

§ 3139. Confidentiality of medical information. - Protected health information gathered during an emergency shall be subject...

§ 3140. Licensing an appointment of health personnel during public health emergency. - During a state of emergency, the public health authority may...

§ 3141. Public Health Emergency Planning Commission. - The Public Health Emergency Planning Commission (“the Commission”) shall consist...

§ 3142. Public health emergency plan. - (a) The Commission shall, by October 3, 2002, deliver to...

§ 3143. Rules and regulations. - The public health authority and the Department of Safety and...

§ 3144. Liability. - (a) During a state of emergency, any person owning or...

§ 3145. Compensation. - (a) The State shall pay just compensation to the owner...

§ 3146. Saving clause. - This subchapter does not explicitly preempt other state laws or...

§ 3147. Conflicting laws. - (a) This act does not restrict any person from complying...

Subchapter VI. Continuation of Certain Orders Issued During the COVID-19 State of Emergency

§ 3155. Marriage licenses. - The provisions of Paragraph B.1. of the Twelfth Modification of...

Chapter 32. INTRASTATE MUTUAL AID COMPACT

§ 3201. Preamble. - The purpose of this chapter is to create a system...

§ 3202. Delaware Mutual Aid Committee. - (a) A committee shall be created known as the Delaware...

§ 3203. Statewide Mutual Aid System. - All political subdivisions and fire, rescue, and emergency medical service...

§ 3204. Definitions. - (a) “Emergency responder” is a law-enforcement officer, firefighter, emergency management...

§ 3205. Participating political subdivisions responsibilities. - It shall be the responsibility of each participating political subdivision...

§ 3206. Implementation. - A participating political subdivision may request assistance of other participating...

§ 3207. Limitations. - A participating political subdivision or fire, rescue or emergency medical...

§ 3208. License, certificate and permit portability. - If a person or entity holds a license, certificate or...

§ 3209. Reimbursement, disputes regarding reimbursement. - Any requesting political subdivision shall reimburse the participating political subdivision...

§ 3210. Development of guidelines and procedures. - The Delaware Intrastate Mutual Aid Committee shall develop comprehensive guidelines...

§ 3211. Workers' compensation. - Personnel of a participating political subdivision or fire, rescue or...

§ 3212. Immunity. - All activities performed under this chapter are deemed hereby to...

§ 3213. Severability. - Should a court of competent jurisdiction rule any portion, section...

Chapter 33. INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

§ 3301. Ratification and text. - The General Assembly of this State ratifies a compact on...

§ 3302. Construction of chapter. - Nothing contained in this chapter shall be construed as a...

Chapter 34. EMERGENCY MANAGEMENT ASSISTANCE COMPACT

§ 3401. Ratification and text. - The General Assembly of this State ratifies the following compact...

§ 3402. Construction of chapter. - Nothing contained in this chapter shall be construed as a...

§ 3403. Future compacts, governing law. - To the extent that a prospective Party State has adopted...

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Delaware Code Title 20 - Military and Civil Defense

Delaware Code
Title 20 - Military and Civil Defense