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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

145 sections·Filtered byTitle 20✕

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…

20 Del. C. § 3201. Preamble.

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§ 3201. Preamble. The purpose of this chapter is to create a system of intrastate mutual aid between participating political subdivisions and fire, rescue and emergency medical service provider organizations in the State of Delaware (hereinafter referred to as “system”). Each par…

20 Del. C. § 3202. Delaware Mutual Aid Committee.

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§ 3202. Delaware Mutual Aid Committee. (a) A committee shall be created known as the Delaware Intrastate Mutual Aid Committee. It shall be the committee’s responsibility to hold, at a minimum, annual meetings to review the progress and status of statewide mutual aid, assist in de…

20 Del. C. § 3203. Statewide Mutual Aid System.

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§ 3203. Statewide Mutual Aid System. All political subdivisions and fire, rescue, and emergency medical service provider organizations within the State of Delaware are, upon enactment of this chapter automatically a part of the statewide mutual aid system. A political subdivision…

20 Del. C. § 3204. Definitions.

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§ 3204. Definitions. (a) “Emergency responder” is a law-enforcement officer, firefighter, emergency management responder, hazardous materials responder, or emergency medical services responder. (b) “Fire, rescue or emergency medical service provider organization” is any fire, res…

20 Del. C. § 3205. Participating political subdivisions responsibilities.

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§ 3205. Participating political subdivisions responsibilities. It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within that certain subdivision to do the following: (1) Identify potential…

20 Del. C. § 3206. Implementation.

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§ 3206. Implementation. A participating political subdivision may request assistance of other participating political subdivisions or fire, rescue or emergency medical service provider organizations in preventing, mitigating, responding to and recovering from disasters that resul…

20 Del. C. § 3207. Limitations.

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§ 3207. Limitations. A participating political subdivision or fire, rescue or emergency medical service provider organization’s obligation to provide assistance in the prevention of, response to and recovery from a locally-declared emergency or in authorized drills or exercises i…

20 Del. C. § 3208. License, certificate and permit portability.

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§ 3208. License, certificate and permit portability. If a person or entity holds a license, certificate or other permit issued by a participating political subdivision or for the State of Delaware evidencing qualification in a professional, mechanical or other skill and the assis…

20 Del. C. § 3209. Reimbursement, disputes regarding reimbursement.

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§ 3209. Reimbursement, disputes regarding reimbursement. Any requesting political subdivision shall reimburse the participating political subdivision or fire, rescue or emergency medical service provider organization rendering aid under this system. A participating political subd…

20 Del. C. § 3210. Development of guidelines and procedures.

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§ 3210. Development of guidelines and procedures. The Delaware Intrastate Mutual Aid Committee shall develop comprehensive guidelines and procedures that address, including but not limited to, the following: projected or anticipated costs, checklists for requesting and providing …

20 Del. C. § 3211. Workers’ compensation.

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§ 3211. Workers’ compensation. Personnel of a participating political subdivision or fire, rescue or emergency medical service organization responding to or rendering assistance for a request who sustain injury or death in the course of, and arising out of, their employment are e…

20 Del. C. § 3212. Immunity.

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§ 3212. Immunity. All activities performed under this chapter are deemed hereby to be governmental functions. For the purposes of liability, all employees or personnel of a political subdivision or fire, rescue, or emergency medical service organization responding under the opera…

20 Del. C. § 3213. Severability.

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§ 3213. Severability. Should a court of competent jurisdiction rule any portion, section or subsection of this chapter invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shal…

20 Del. C. § 3301. Ratification and text.

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§ 3301. Ratification and text. The General Assembly of this State ratifies a compact on behalf of the State with any other state legally joining therein in the form substantially as follows: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT The contracting states solemnly agree: Arti…

20 Del. C. § 3302. Construction of chapter.

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§ 3302. Construction of chapter. Nothing contained in this chapter shall be construed as a limitation of powers granted in any other law to enter into interstate compacts or other agreements relating to civil defense in an emergency or impairing in any respect the force and effec…

20 Del. C. § 3401. Ratification and text.

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§ 3401. Ratification and text. The General Assembly of this State ratifies the following compact made and entered into by and between participating member states legally joining therein in the form substantially as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT ARTICLE I PURPOS…

20 Del. C. § 3402. Construction of chapter.

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§ 3402. Construction of chapter. Nothing contained in this chapter shall be construed as a limitation of powers granted in any other law to enter into interstate compacts or other agreements relating to civil defense in an emergency or impairing in any respect the force and effec…

20 Del. C. § 3403. Future compacts, governing law.

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§ 3403. Future compacts, governing law. To the extent that a prospective Party State has adopted an Emergency Management Assistance Compact in conformity with the language of this chapter, the provisions of this chapter shall supersede and override the provisions of Chapter 33 of…

20 Del. C. § 3501-3503. Definitions; registration with State Police; time; oath; details; offenses and penalties; enforcement by Attorney General and other officers [Repealed].

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§§ 3501-3503. Definitions; registration with State Police; time; oath; details; offenses and penalties; enforcement by Attorney General and other officers [Repealed]. Repealed by 71 Del. Laws, c. 207, § 1, effective July 17, 1997.