Title 20 — Military and Civil Defense
12 chapters · 43 sections in this title.
20 Del. C. § 301. Establishment and composition.
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§ 301. Establishment and composition. (a) The Governor may organize such military forces within this State in addition to the Delaware National Guard as the Governor deems necessary for the defense of this State. Such forces shall be distinct from the Delaware National Guard and …
20 Del. C. § 302. Rules and regulations prescribed by Governor.
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§ 302. Rules and regulations prescribed by Governor. (a) The Governor may prescribe rules and regulations for the administration, organization, equipment, training, discipline and maintenance of the Delaware State Defense Forces. (b) The rules and regulations adopted pursuant her…
20 Del. C. § 303. Pay and allowances.
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§ 303. Pay and allowances. (a) The Delaware State Defense Forces shall, when called into active state service, be compensated as provided for by the executive order calling forth the forces. (b) The Delaware State Defense Forces, when called into active state service, shall in no…
20 Del. C. § 304. Arms and equipment.
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§ 304. Arms and equipment. The Governor may enter such agreements as are necessary to procure arms and other equipment for use by the Delaware State Defense Forces.43 Del. Laws, c. 81, § 4; 20 Del. C. 1953, § 305; 64 Del. Laws, c. 258, § 1;
20 Del. C. § 305. Use of State Defense Forces outside of Delaware.
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§ 305. Use of State Defense Forces outside of Delaware. (a) The Delaware State Defense Forces shall not be required to serve outside the boundaries of the State except: (1) Upon the request of the governor of another state, the Governor of this State may, in the Governor of this …
20 Del. C. § 306. Permission to military forces of other states to pursue and arrest persons in Delaware.
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§ 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, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or any enemy forces may continue …
20 Del. C. § 307. Federal service.
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§ 307. Federal service. Nothing in this chapter shall be construed as authorizing the Delaware State Defense Forces or any part thereof to be called, ordered or in any manner drafted, as such, into military service of the United States; but no person shall by reason of such perso…
20 Del. C. § 308. Freedom from arrest and exemption from jury duty.
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§ 308. Freedom from arrest and exemption from jury duty. (a) No officer or enlisted member of the Delaware State Defense Forces shall be arrested on any warrant, except for treason or felony, while going to, remaining at or returning from a place where ordered to attend for milit…
20 Del. C. § 501. Agreements or contracts to gather and preserve.
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§ 501. Agreements or contracts to gather and preserve. (a) The Adjutant General of this State shall make such agreements or contracts as are appropriate to preserve all war records, colors, standards, and battle flags as are or shall become the property of the State. (b) The Adju…
20 Del. C. § 701. Conspicuous Service Cross.
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§ 701. Conspicuous Service Cross. (a) The Adjutant General, on behalf of the Governor, may present, in the name of the State, a Conspicuous Service Cross to any person serving in the National Guard of the State who shall have distinguished oneself in any capacity as provided in t…
20 Del. C. § 702. Delaware National Guard Medal.
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§ 702. Delaware National Guard Medal. (a) The State Headquarters, on behalf of the Adjutant General, may present, in the name of the State, the Delaware National Guard Medal to any person serving in the National Guard of the State who has been called to federal mobilization by th…
20 Del. C. § 703. Delaware Distinguished Service Medal.
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§ 703. Delaware Distinguished Service Medal. (a) The Adjutant General may present, in the name of the State, the Delaware Distinguished Service Medal to any person, military or civilian, who has distinguished oneself in any capacity as provided in this section. (b) The Delaware D…
20 Del. C. § 704. Medal for Military Merit.
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§ 704. Medal for Military Merit. (a) The Adjutant General may present, in the name of the State, the Medal for Military Merit to any person serving in the National Guard of the State who has distinguished oneself in any capacity as provided in this section. (b) The Medal for Mili…
20 Del. C. § 705. Medal for Service in Aid of Civil Authority.
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§ 705. Medal for Service in Aid of Civil Authority. (a) The state headquarters, on behalf of the Adjutant General, may present, in the name of the State, the Medal for Service in Aid of Civil Authority to any person serving in the National Guard of the State who has been called u…
20 Del. C. § 706. Minor awards and ribbons.
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§ 706. Minor awards and ribbons. The Adjutant General may establish such minor awards and ribbons as deemed necessary for appropriate recognition.64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 263, § 2;
20 Del. C. § 707. Honors for retired members of the Delaware National Guard.
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§ 707. Honors for retired members of the Delaware National Guard. (a) Time and age retirement requirements as contained in federal law will apply to all Delaware National Guard members. (b) (1) All members, who shall have served actively 25 years or more in the Delaware National …
20 Del. C. § 901-903. Burial of indigent service members; procedure and conditions for burial payments; military funerals for service members brought from overseas.
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§§ 901-903. Burial of indigent service members; procedure and conditions for burial payments; military funerals for service members brought from overseas. Repealed by 76 Del. Laws, c. 269, § 1, effective June 30, 2008.
20 Del. C. § 904. Unlawful use of insignia of veterans’ organizations; penalties.
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§ 904. Unlawful use of insignia of veterans’ organizations; penalties. Whoever, not being a member of the Grand Army of the Republic, the Union Veteran Legion, the United Spanish War Veterans, the Veterans of Foreign Wars, the American Legion, the American Legion Auxiliary, Sons …
20 Del. C. § 905. Leaves of absence for members of reserve on temporary active duty.
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§ 905. Leaves of absence for members of reserve on temporary active duty. (a) If any employer fails to comply with any provisions of federal or state law relating to employment rights of reservists or National Guard members, the employee may elect to bring an action at law for da…
20 Del. C. § 1001. Pension benefits.
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§ 1001. Pension benefits. (a) Each veteran with paraplegia eligible for benefits hereunder shall receive a pension from the State of $3,000 per year payable in equal monthly installments at the end of each month in which such veteran is eligible. (b) In order to be eligible for t…
20 Del. C. § 1201. Established.
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§ 1201. Established. There is hereby created and established a Delaware Veterans Memorial Cemetery.64 Del. Laws, c. 46, § 1;
20 Del. C. § 1202. Supervision by Department of Veterans Affairs; powers and duties [For application of this section, see 85 Del. Laws, c. 137, § 12].
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§ 1202. Supervision by Department of Veterans Affairs; powers and duties [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) The operation and maintenance of the Delaware Veterans Memorial Cemetery shall be under the supervision of the Department of Veterans Af…
20 Del. C. § 1203. Selection of site.
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§ 1203. Selection of site. The site of the Cemetery shall be determined by the Department with the approval of the Delaware Veterans Affairs Committee or its successor. The site shall be convenient to all veterans of the State and shall meet the necessary standards and guidelines…
20 Del. C. § 1204. Eligibility for burial.
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§ 1204. Eligibility for burial. (a) Eligibility for interment in the Delaware Veterans Memorial Cemetery is established by the U.S. Department of Veterans Affairs, National Cemetery Administration (NCA Directive 3210) with the following exceptions: (1) The Veterans Commission of …
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.