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Delaware Statutes, Title 20

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Delaware/Statutes

← All Delaware coverage

Title 20, Military and Civil Defense

12 chapters · 145 sections in this title.

All chapters in Title 20145 Ch 1, DELAWARE NATIONAL GUARD57 Ch 31, EMERGENCY MANAGEMENT45 Ch 32, Intrastate Mutual Aid Compact13 Ch 3, State Defense Forces8 Ch 7, Medals, Decorations and Honors7 Ch 12, Delaware Veterans Memorial Cemetery4 Ch 9, Miscellaneous Matters Relating to Mi…3 Ch 34, Emergency Management Assistance Compact3 Ch 33, Interstate Civil Defense and Disaste…2 Ch 5, War Records1 Ch 10, Veterans With Paraplegia1 Ch 35, Registration of Communists1

45 sections·Filtered byTitle 20✕Ch 31✕

20 Del. C. § 3101. Declaration of policy and purpose.
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§ 3101. Declaration of policy and purpose. Because of the existing possibility of the occurrence of emergencies or disasters, the purpose of this chapter is to: (1) Ensure that this State will be adequately prepared to respond and recover from such emergencies or disasters; (2) P…
20 Del. C. § 3102. Definitions.
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§ 3102. Definitions. As used in this chapter: (1) “COVID-19 order” means any modification to the Declaration of a State of Emergency, or other order issued by the Governor pursuant to the authority granted by this chapter, relating to the COVID-19 State of Emergency. (2) “COVID-1…
20 Del. C. § 3105. Creation.
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§ 3105. Creation. To assure the prompt, proper and effective discharge of basic state responsibilities relating to emergency management, there is hereby formally created the Delaware Emergency Management Agency of the Department of Safety and Homeland Security (hereinafter also r…
20 Del. C. § 3106. Organization.
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§ 3106. Organization. The Delaware Emergency Management Agency of the Department of Safety and Homeland Security, within the executive branch of the state government, shall consist of and be organized substantially as follows: (1) Director and Deputy Principal Assistant. — The Di…

20 Del. C. § 3107. Powers and duties.

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§ 3107. Powers and duties. DEMA is authorized and directed to: (1) Prepare and maintain a comprehensive plan and program for the emergency management of the State, such plan to be integrated into and coordinated with the emergency management plans of the federal government and of…

20 Del. C. § 3107A. The State Emergency Management Fund.

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§ 3107A. The State Emergency Management Fund. The State Emergency Management Fund is established to provide DEMA with funds to manage natural and manmade disasters when federal funds are not available or when matching funds are required to receive federal funds. The Fund may be u…

20 Del. C. § 3108. Radiological Emergency Management Program.

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§ 3108. Radiological Emergency Management Program. (a) In addition to the powers and duties of DEMA set forth in § 3107 of this title, DEMA shall develop, establish and maintain a Radiological Emergency Management Program in accordance with relevant regulations and guidelines pro…

20 Del. C. § 3109. Emergency alerts.

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§ 3109. Emergency alerts. (a) As part of the comprehensive plan and program for emergency management under § 3107 of this title, DEMA shall develop, establish, and maintain an emergency alert plan and system in accordance with relevant regulations and guidelines promulgated by fe…

20 Del. C. § 3115. General authority of the Governor.

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§ 3115. General authority of the Governor. (a) The Governor shall be responsible for addressing the dangers to life, health, environment, property or public peace within the State presented by emergencies or disasters, and to this end shall have general direction and control of D…

20 Del. C. § 3116. Powers.

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§ 3116. Powers. (a) In addition to any other powers conferred upon the Governor by law, the Governor may: (1) Delegate to the Secretary of the Department of Safety and Homeland Security, the Director of DEMA, or such other person any authority vested under this chapter and provid…

20 Del. C. § 3117. Activation of emergency or disaster response.

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§ 3117. Activation of emergency or disaster response. The response and recovery aspects of the state emergency or disaster plans shall be initiated by an emergency order or memorialized in the DEMA log of such proclamation of a state of emergency by the Governor, or at the discre…

20 Del. C. § 3121. Orders, rules and regulations.

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§ 3121. Orders, rules and regulations. (a) Other state agencies designated or appointed by the Governor may make, amend and rescind orders, rules and regulations necessary for emergency management purposes and for supplementing the carrying out of this chapter, but not inconsiste…

20 Del. C. § 3122. Enforcement.

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§ 3122. Enforcement. The law-enforcement authorities of this State and of the political subdivisions of this State shall enforce the orders, rules and regulations issued pursuant to this chapter.48 Del. Laws, c. 189, § 15; 20 Del. C. 1953, § 3114; 63 Del. Laws, c. 254, § 1; 71 De…

20 Del. C. § 3122A. Delaware State Police Ready Reserve.

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§ 3122A. Delaware State Police Ready Reserve. Repealed by 77 Del. Laws, c. 245, § 2, effective April 27, 2010.

20 Del. C. § 3123. Authority to accept services, gifts, grants and loans.

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§ 3123. Authority to accept services, gifts, grants and loans. Whenever the federal government, an agency or any person shall offer to this State, or through this State to any political subdivision of this State, services, equipment, supplies, materials or funds by way of gift, g…

20 Del. C. § 3124. Political activity.

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§ 3124. Political activity. No emergency management organization established under the authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.48 Del. Laws, c. 189, § 18; 20 Del. C. 1953…

20 Del. C. § 3125. Penalties.

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§ 3125. Penalties. Except where specified penalties are prescribed in this chapter, whoever violates this chapter or an emergency order issued pursuant to this chapter may be fined not less than $50 nor more than $500 or imprisoned up to 6 months for each violation.48 Del. Laws, …

20 Del. C. § 3126. Laws suspended during emergencies or disasters.

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§ 3126. Laws suspended during emergencies or disasters. In the case of a declaration of a state of emergency by the Governor, state agencies may implement their emergency or disaster assignments without regard to procedures required by other laws (except mandatory constitutional …

20 Del. C. § 3127. Conflict with other laws.

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§ 3127. Conflict with other laws. (a) Whenever the restrictions of any other statute, local ordinance or regulation are consistent with but more restrictive than the restrictions imposed pursuant to this chapter, such statute, local ordinance or regulation shall govern. (b) Durin…

20 Del. C. § 3128. Destruction of property, looting or injury of persons during state of emergency; penalty; liability for conduct of another.

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§ 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 damages any real or personal property or maliciously injuries another shall be guil…

20 Del. C. § 3129. Immunity from civil liability.

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§ 3129. Immunity from civil liability. (a) Neither the State, nor any county in the State, nor any municipal corporation of the State, nor any other political subdivision of the State, nor any agency of any of them, nor the agents, employees or representatives of any of them, nor…

20 Del. C. § 3130. Construction of chapter.

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§ 3130. Construction of chapter. This chapter is intended to protect the health, property, environment and safety of the people of Delaware and shall be liberally construed to validate any emergency or disaster action undertaken by the State in good faith for that purpose. Withou…

20 Del. C. § 3131. Findings.

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§ 3131. Findings. The State finds as follows: (1) Government must do more to protect the health, safety and general well-being of the general public. (2) New and emerging dangers, including emergent and resurgent infectious diseases and incidents of civilian mass casualties, pose…

20 Del. C. § 3132. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].

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§ 3132. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. For purposes of this subchapter: (1) “Bioterrorism” is the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechn…

20 Del. C. § 3133. Control of health-care supplies.

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§ 3133. Control of health-care supplies. (a) The public health authority may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents or medical supplies that it deems advisable in the interest of preparing for or contro…

20 Del. C. § 3134. Destruction of property.

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§ 3134. Destruction of property. To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under this subchapter, the public safety authority or public health authority shall institute appropriate civil proceedings aga…

20 Del. C. § 3135. Medical examination and testing during public health emergency.

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§ 3135. Medical examination and testing during public health emergency. During a state of emergency, the following rules shall apply: (1) Medical examinations or tests may be performed by any qualified person authorized to do so by the public safety authority. (2) Medical examina…

20 Del. C. § 3136. Isolation and quarantine during public health emergency.

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§ 3136. Isolation and quarantine during public health emergency. The following isolation and quarantine procedures shall be in effect during a state of emergency: (1) General authority. — The public safety authority may exercise, for such period as the state of emergency exists, …

20 Del. C. § 3137. Vaccination and treatment during public health emergency.

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§ 3137. Vaccination and treatment during public health emergency. During a state of emergency, the public health authority may exercise, for such period as the state of emergency exists, the following emergency powers: (1) To direct vaccination of persons as protection against in…

20 Del. C. § 3138. Collection of laboratory specimens; performance of tests during public health emergency.

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§ 3138. Collection of laboratory specimens; performance of tests during public health emergency. During a state of emergency, the public health authority may, for such period as the state of emergency exists, collect specimens and perform tests on any person or animal, living or …

20 Del. C. § 3139. Confidentiality of medical information.

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§ 3139. Confidentiality of medical information. Protected health information gathered during an emergency shall be subject to subchapter II of Chapter 12 of Title 16.73 Del. Laws, c. 355, § 13;

20 Del. C. § 3140. Licensing an appointment of health personnel during public health emergency.

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§ 3140. Licensing an appointment of health personnel during public health emergency. During a state of emergency, the public health authority may exercise, for such period as the state of emergency exists, the following emergency powers regarding licensing of health personnel: (1…

20 Del. C. § 3141. Public Health Emergency Planning Council.

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§ 3141. Public Health Emergency Planning Council. (a) The Public Health Emergency Planning Council is established. (b) The Council consists of the following voting members, or a designee appointed by a member serving by virtue of position: (1) The Governor. (2) The Speaker of the…

20 Del. C. § 3142. Public health emergency plan.

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§ 3142. Public health emergency plan. (a) The Council must review the Public Health Emergency Operations Coordination Plan (Plan) for responding to a public health emergency that includes provisions for the following: (1) A means of notifying and communicating with the population…

20 Del. C. § 3143. Rules and regulations.

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§ 3143. Rules and regulations. The public health authority and the Department of Safety and Homeland Security are authorized to promulgate and implement such rules and regulations as are reasonable and necessary to implement and effectuate the provisions of this subchapter. The p…

20 Del. C. § 3144. Liability.

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§ 3144. Liability. (a) During a state of emergency, any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real es…

20 Del. C. § 3145. Compensation.

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§ 3145. Compensation. (a) The State shall pay just compensation to the owner of any private facilities or materials that are lawfully taken or appropriated by the public safety authority or public health authority for their temporary or permanent use under this subchapter during …

20 Del. C. § 3146. Saving clause.

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§ 3146. Saving clause. This subchapter does not explicitly preempt other state laws or regulations that preserve to a greater degree the powers of the Governor or public health authority, provided such laws or regulations are consistent and do not otherwise restrict or interfere …

20 Del. C. § 3147. Conflicting laws.

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§ 3147. Conflicting laws. (a) This act does not restrict any person from complying with federal law or regulations. (b) In the event of a conflict between this act and other state or local laws or regulations concerning public health powers, the provisions of this act apply.73 De…

20 Del. C. § 3155. Marriage licenses.

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§ 3155. Marriage licenses. The provisions of Paragraph B.1. of the Twelfth Modification of the State of Emergency Declaration, dated April 23, 2020, shall continue in full force and effect until June 30, 2021.82 Del. Laws, c. 254, § 1;

20 Del. C. § 3156. Notarization [Repealed].

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§ 3156. Notarization [Repealed].82 Del. Laws, c. 255, § 2; 83 Del. Laws, c. 66, § 1; 83 Del. Laws, c. 425, § 12; repealed by 83 Del. Laws, c. 425, § 13, effective Aug. 1, 2023.;

20 Del. C. § 3160. Declaration of purpose.

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§ 3160. Declaration of purpose. The General Assembly hereby declares that it serves a purpose and is of benefit to this State and therefore any affected political subdivisions, to establish a post-disaster recovery fund that supports a coordinated approach to meeting the addition…

20 Del. C. § 3161. Delaware Disaster Recovery Fund.

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§ 3161. Delaware Disaster Recovery Fund. (a) The Delaware Disaster Recovery Fund ( “Fund” ) is hereby established to provide disaster recovery assistance to Delaware residents and local governments affected by disasters. (b) Fund objectives. — The Fund provides means for program …

20 Del. C. § 3162. Establishment of a Recovery Advisory Council.

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§ 3162. Establishment of a Recovery Advisory Council. (a) The RAC will convene biannually, upon activation request, and when post-disaster assistance requests exceed the available balance of the Fund. The RAC may convene additionally in accordance with its bylaws. (b) The RAC wil…

20 Del. C. § 3163. Request to activate the Fund.

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§ 3163. Request to activate the Fund. (a) There are standardized impetuses for requesting assistance from the Fund for all programs that operate beneath it, which may include: (1) A disaster occurs and affects an amount of housing, residents, or property predetermined within Dela…