reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 35. WORKPLACE FRAUD ACT › § 3511. Employer record-keeping requirements.

§ 3511. Employer record-keeping requirements.
(a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information:
(1) The name, address, occupation, and classification of each employee or independent contractor;
(2) The rate of pay of each employee or method of payment for the independent contractor;
(3) The amount that is paid each pay period to each employee;
(4) The hours that each employee works each day and each work week;
(5) For all individuals who are not classified as employees, evidence including the written notice required by subsection (c) of this section and any other evidence in the employer's possession which the employer believes is relevant to determine whether each individual is an exempt person, an independent contractor or an employee; and
(b) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of such classification at the time the individual is hired.
(c) The written notice shall:
(1) Include an explanation of the implications of the individual's classification as an independent contractor or exempt person rather than as an employee;
(2) Include contact information for the Department;
(3) Be provided in English and Spanish; and
(4) Be signed by both the employer and the independent contractor or by the employer and the exempt person, as the case may be.
(d) Failure to comply with the written notice requirement in subsection (c) of this section shall be evidence of a knowing violation by the employer of § 3503 of this title. The employer shall be liable for an administrative penalty of $500 for each individual that the employer failed to notify.
(e) An employer who complies with the written notice requirement in subsection (c) of this section shall be presumed to have acted in good faith in determining whether to classify an individual as an employee, an independent contractor or an exempt person pursuant to § 3503 of this title.
(f) The Department shall adopt regulations establishing specific requirements for the content and form of the notice by October 29, 2010, and, notwithstanding the provisions of subsection (b) of this section, the adoption of such regulations shall be a prerequisite to an employer's obligation to furnish the notice.
77 Del. Laws, c. 192, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 35. WORKPLACE FRAUD ACT › § 3512. Regulations.

§ 3512. Regulations.
The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce the provisions of this chapter and any such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
77 Del. Laws, c. 192, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 35. WORKPLACE FRAUD ACT › § 3514. Public posting of violators.

§ 3514. Public posting of violators.
The Department shall post, on its website, a list of employers who are the subject of a final determination or decision, including all appeals, that such employer has violated this chapter. The name of an employer who violates this chapter shall remain on the Department's website for a period of 3 years from the date the final determination or decision was issued.
78 Del. Laws, c. 320, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3602. . . Definitions.

§ 3602. . Definitions.
For purposes of this chapter:
(1) “Contractor” means a person, partnership, association, joint stock company, trust, corporation, limited liability company, or other legal business entity or successor or subsidiary thereof that engages in construction services or maintenance under an express or implied contract on behalf of another entity or individual for profit within the State, and includes any subcontractor or lower tier subcontractor of a contractor.
(2) “Construction services” includes all building or work on a building, structure, or improvement of any type, including bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping, including tree cutting.
(3) “Custom fabrication” means the fabrication of plumbing, heating, cooling, ventilation, or exhaust duct systems and mechanical insulation.
(4) “Department” means the Department of Labor.
(5) “Knowing” means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.
(6) “Maintenance” means the repair of existing facilities when the size, type, or extent of such facilities is not changed or increased.
(7) “Public works contract” means a construction contract under Chapter 69 of Title 29.
(8) “Secretary” means the Secretary of Labor, or the Secretary's authorized designee.
(9) “Subcontractor” means a lower tier contractor of a contractor, including owner operators or independent contractors.
(10) “Violation” means a project or contract where work is done by a contractor who is not registered under this chapter.
(11) “Worker” means a laborer, mechanic, skilled, or semi-skilled laborer and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of construction services or maintenance in the State, regardless of whether the work becomes a component part of the construction or maintenance. “Worker” does not mean a material supplier or employees of a material supplier. A contractor or subcontractor engaged in custom fabrication is not a material supplier for purposes of this section.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3603. Administration and enforcement.

§ 3603. Administration and enforcement.
The Office of Contractor Registration in the Department shall administer and enforce this chapter, using the rules and procedures of the Administrative Procedures Act, Chapter 101 of Title 29.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3606. Issuance and term of a certificate of registration.

§ 3606. Issuance and term of a certificate of registration.
(a) Except as provided under § 3607 of this title, upon receipt of a completed, accurate, application and fee under § 3605 of this title, the Department shall issue a certificate of registration to the contractor. A certificate of registration is valid as follows:
(1) For 1 year from the date of registration.
(2) For a period that ends 2 years from the date of registration, if the contractor successfully completes 2 years of registration.
(3) A certificate of registration must be renewed no less than 30 days before the expiration date of a certificate of registration. The Department may deny the certificate of registration if the contractor has violated this chapter or any law under § 3605(b)(4) of this title during the registration period that is expiring.
(b) A certificate of registration is not transferable.
(c) A registered contractor who allows the contractor's certificate of registration to expire before applying to renew the certificate must subsequently apply for a registration certificate as if for the first time.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3608. Appeals.

§ 3608. Appeals.
(a) Following an investigation in which the Department makes an initial determination that a contractor has violated 1 or more provisions of this chapter, the Department may make a decision to do 1 or more of the following:
(1) Deny, suspend, or revoke a certificate of registration.
(2) Require the posting of a surety bond.
(3) Impose an administrative penalty.
(b) The Department shall notify the contractor, in writing, of a decision to take an action taken under subsection (a) of this section which must comply with § 10122 of Title 29 and include all of the following:
(1) The action to be taken.
(2) The grounds upon which the determination was made to take the action.
(3) Instructions to request a hearing under § 102 of this title.
(c) (1) A request for a hearing must be made in writing, addressed to the Secretary, and made within 10 business days from the date of receipt of the notice under subsection (b) of this section.
(2) If a hearing is not requested under paragraph (c)(1) of this section, the determination made by the Department under subsection (a) of this section is final.
(d) The Office of Contractor Registration shall review a request for hearing under paragraph (c)(1) of this section to determine if the dispute can be resolved at an informal settlement conference. If the Office of Contractor Registration holds an informal settlement conference and a settlement is not reached, the Office of Contractor Registration shall forward the hearing request to the Secretary to schedule a hearing.
(e) The Secretary shall issue a final case decision at the conclusion of a hearing held under this section as required under Chapter 101 of Title 29.
(f) A contractor may seek judicial review of the Secretary's final case decision by commencing an action in Superior Court, within 30 days of the date of the final decision under subsection (e) of this section.
(g) When a determination to suspend or revoke a certificate of registration is final, the holder of a certificate of registration shall surrender the certificate of registration within 20 days of the later of the date of the notice under subsection (b) of this section or the final decision under subsection (d) of this section by sending the certificate of registration to the Secretary by certified mail.
(h) If a contractor's application for a certificate of registration is denied or a contractor's certificate of registration is suspended or revoked, the contractor cannot perform work for which a bid has been submitted and which is under review.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3609. Penalties.

§ 3609. Penalties.
(a) A knowing violation of this chapter is subject to a civil penalty of not less than $5,000 and not more than $85,000 per violation.
(b) A violation that is not a knowing violation may be subject to a civil penalty of not more than $1,000 per violation.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3610. Enforcement.

§ 3610. Enforcement.
(a) The Department may bring a civil action to enforce this chapter, including an action for injunctive relief in the Court of Chancery to enjoin work by an unregistered contractor.
(b) The Department is not required to post a bond or filing fee in connection with an action under this section.
(c) Any finding of fact or conclusion of law in any court in this State or any administrative agency in this State finding that construction services or maintenance occurred must be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been fully determined on appeal to the appropriate court, if all time for filing such appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 36. Delaware Contractor Registration Act › § 3611. Distribution of proceeds from fees and civil penalties.

§ 3611. Distribution of proceeds from fees and civil penalties.
(a) The Department shall retain all application fees collected under § 3605 of this title for enforcement purposes.
(b) All civil penalties collected under this chapter must be paid to the General Fund of this State.
82 Del. Laws, c. 168, § 4;  82 Del. Laws, c. 291, § 2;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 101. State militia; name.

§ 101. State militia; name.
The active militia of this State shall be organized and known as the Delaware National Guard and shall be subject at all times to the orders of the officers thereof.
20 Del. Laws, c. 392, §  1;  24 Del. Laws, c. 62, §  1;  Code 1915, §  293;  32 Del. Laws, c. 22, §  1;  Code 1935, §  256;  20 Del. C. 1953, §  101;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 102. Definitions.

§ 102. Definitions.
As used in this chapter:
(1) “National Defense Act” means an act of Congress, entitled, “An Act for making further and more effectual provisions for the national defense, and for other purposes” approved by the President, June 3, 1916, and any and all acts amendatory and supplementary thereto.
(2) “Unit” shall mean any part of the Delaware National Guard designated a “unit” by order of the Adjutant General.
Code 1915, §  294;  32 Del. Laws, c. 22, §  1;  Code 1935, §  257;  47 Del. Laws, c. 329, §  1;  20 Del. C. 1953, §  102;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 103. Conformity with federal statutes; powers of Governor.

§ 103. Conformity with federal statutes; powers of Governor.
The National Guard of this State shall conform to federal statutes and regulations relating to and governing the armed forces of the United States, insofar as they are applicable and not inconsistent with the Constitution of Delaware or this title.
The Governor of Delaware shall be the Commander in Chief of the National Guard, except as to any part thereof called or ordered into federal service.
The Governor of this State, as Commander in Chief, may make such changes from time to time in matters or organization, administration and discipline as may be necessary to conform to the requirements made by Congress for participation in federal appropriations for the National Guard.
24 Del. Laws, c. 62, §  1;  Code 1915, §  295;  32 Del. Laws, c. 22, §  1;  Code 1935, §  258;  20 Del. C. 1953, §  103;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 104. Rules and regulations.

§ 104. Rules and regulations.
(a) In order to fulfill the purposes of this chapter, the Adjutant General may make and publish rules and regulations for the government, discipline and exercise of the Delaware National Guard.
(b) Such rules and regulations shall, so far as practicable, conform to the rules, regulations and statutes, of the Department of Defense, the Army, the Air Force, and the National Guard Bureau of the United States.
(c) When such rules and regulations have been promulgated and published by the Adjutant General, they shall have the force and effect of law.
20 Del. Laws, c. 392, §  56;  24 Del. Laws, c. 62, §  1;  Code 1915, §  323;  32 Del. Laws, c. 22, §  1;  Code 1935, §  297;  20 Del. C. 1953, §  104;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 106, §  2;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 105. Uniforms, arms and equipment.

§ 105. Uniforms, arms and equipment.
The Delaware National Guard shall be uniformed, armed and equipped, as nearly as practicable, in accordance with federal statutes and regulations in relation to uniforms, arms and equipment.
20 Del. Laws, c. 392, §  23;  Code 1915, §  303;  32 Del. Laws, c. 22, §  1;  Code 1935, §  266;  20 Del. C. 1953, §  105;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 106. Disbanding of unit incapacitated to discharge its duties.

§ 106. Disbanding of unit incapacitated to discharge its duties.
If it appears to the Commander in Chief that a company of the Delaware National Guard has failed to comply with the requirements of the law so that it is incapacitated to discharge the duties required of it, such company may be disbanded by the Commander in Chief.
20 Del. Laws, c. 392, §  34;  Code 1915, §  308;  32 Del. Laws, c. 22, §  1;  Code 1935, §  271;  20 Del. C. 1953, §  106;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 107. Bills and allowances; how paid.

§ 107. Bills and allowances; how paid.
No bill or allowance, on account of the Delaware National Guard, authorized by this chapter, shall be paid by the State Treasurer unless the bill or allowance is itemized and its contents duly certified to by the Adjutant General or by an officer designated by the Adjutant General. The Adjutant General shall be permitted to draw a warrant on the State Treasurer to pay current expenses from funds which may be appropriated for such purpose.
20 Del. Laws, c. 392, §  52;  22 Del. Laws, c. 284, §  1;  Code 1915, §  319;  32 Del. Laws, c. 22, §  1;  Code 1935, §  293;  47 Del. Laws, c. 329, §  12;  20 Del. C. 1953, §  107;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 108. Donations to National Guard.

§ 108. Donations to National Guard.
(a) Any county, municipality or corporation in this State may appropriate money out of the treasury of such municipality, county or corporation, donate any other valuable thing or grant or lease any land belonging to it for the purpose of aiding the improvement of the Delaware National Guard.
(b) The Delaware National Guard may accept donations of money or property from any lawful source to improve its capabilities.
(c) The money so appropriated, other valuable thing donated or the land so granted or leased to the Delaware National Guard shall be, so far as practicable, expended or disposed of by the State Department of Military Affairs in such manner and under such lawful conditions as the donor may direct.
24 Del. Laws, c. 64, §§  1, 2;  Code 1915, §  327;  32 Del. Laws, c. 22, §  1;  Code 1935, §  301;  20 Del. C. 1953, §  108;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  3;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter I. General Provisions › § 109. Delaware National Guard Counterdrug Task Force.

§ 109. Delaware National Guard Counterdrug Task Force.
For purposes of transfers of property forfeited to the United States under the Controlled Substance Act (21 U.S.C. § 881), the Delaware National Guard Counterdrug Task Force shall be designated as a law-enforcement agency for that limited purpose. This section does not allow, authorize or entitle the Delaware National Guard Counterdrug Task Force to funds from the Special Law Enforcement Assistance Fund.
79 Del. Laws, c. 145, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 121. Established; composition.

§ 121. Established; composition.
The Delaware National Guard, the Delaware State Defense Forces and the Delaware militia, when not in the service of the United States, shall be governed and their affairs administered pursuant to the laws of this State, and the laws of the United States, by the Governor as Commander in Chief, through the Department of Military Affairs, which is hereby established and which shall consist of the Adjutant General as its chief executive and such other officers, warrant officers and enlisted personnel and civilian employees as the laws of the State or the laws of the United States may direct or permit. The Department of Military Affairs shall be a department of the executive branch of government in a like manner as all other such departments.
64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 122. Adjutant General; appointment; qualifications.

§ 122. Adjutant General; appointment; qualifications.
(a) The Governor shall appoint an Adjutant General, with the advice and consent of the Senate, who shall hold office at the pleasure of the Governor.
(b) To be eligible for appointment to the office of Adjutant General a person must have served as a commissioned officer of the Delaware National Guard or the armed forces of the United States.
(c) The Governor may authorize the position of Adjutant General to be held at the rank of Lieutenant General.
20 Del. Laws, c. 392, §  7;  24 Del. Laws, c. 81;  25 Del. Laws, c. 80, §§  1-3;  27 Del. Laws, c. 74, §  1;  Code 1915, §  297;  32 Del. Laws, c. 22, §  1;  32 Del. Laws, c. 23, §  10;  35 Del. Laws, c. 31, §  1;  Code 1935, §§  260, 319, 373A;  47 Del. Laws, c. 329, §  2;  48 Del. Laws, c. 150, §  1;  20 Del. C. 1953, §  122;  50 Del. Laws, c. 407, §  1;  51 Del. Laws, c. 330;  52 Del. Laws, c. 261;  54 Del. Laws, c. 57, §  16;  55 Del. Laws, c. 404, §  13;  56 Del. Laws, c. 316, §  1;  64 Del. Laws, c. 258, §  1;  76 Del. Laws, c. 242, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 124. Assistant Adjutants General — Rank; appointment; qualifications.

§ 124. Assistant Adjutants General — Rank; appointment; qualifications.
The Adjutant General will be assisted by an Assistant Adjutant General of the Army National Guard in the Department of Military Affairs and an Assistant Adjutant General of the Air National Guard in the Department of Military Affairs. They shall hold the rank of Brigadier General. Such individuals shall be appointed from the active or retired list of the Army National Guard and Air National Guard respectively by the Adjutant General and shall have served as commissioned officers of the Delaware National Guard or armed forces of the United States and shall serve at the pleasure of the Adjutant General.
Code 1935, §  260(a);  47 Del. Laws, c. 329, §  2;  20 Del. C. 1953, §  123;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 125. Assistant Adjutants General — Duties in absence or disability of Adjutant General.

§ 125. Assistant Adjutants General — Duties in absence or disability of Adjutant General.
In case of absence or disability of the Adjutant General to perform the duties of the office of Adjutant General, the Commander in Chief shall designate 1 of the Assistant Adjutants General to serve as the Adjutant General.
Code 1935, §  260(a);  47 Del. Laws, c. 329, §  2;  20 Del. C. 1953, §  123;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 127. Military staff of Governor.

§ 127. Military staff of Governor.
The military staff of the Governor shall consist of the Adjutant General, the Assistant Adjutants General, and such personal aides-de-camp as the Governor may select. Commissioned officers of the Delaware National Guard, if detailed as aides-de-camp, shall be relieved of ordinary duties while actually on duty with the Governor but shall continue to be paid as if on ordinary duty.
64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 128. Duties of Department of Military Affairs.

§ 128. Duties of Department of Military Affairs.
The Department of Military Affairs shall assist the Adjutant General in carrying out the duties of that office and shall also consult with the Adjutant General in carrying out the following duties:
(1) Make such changes in the military organization of the Delaware National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.
(2) Fix the location of units and headquarters of the Delaware National Guard and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit, when in its judgment the efficiency of the Delaware National Guard presently existing will be increased thereby.
(3) Establish awards and decorations and approve the design therefor.
64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 129. Commissioned and warrant officers; oath and term of appointment.

§ 129. Commissioned and warrant officers; oath and term of appointment.
All officers known as commissioned officers and warrant officers, appointed under and by authority of this chapter shall, before entering upon the duties of their several and respective offices, take and subscribe the oath as prescribed by the National Defense Act for officers or warrant officers, as applicable, for officers of the National Guard and shall hold their appointments in conformity therewith.
20 Del. Laws, c. 392, §  19;  Code 1915, §  302;  32 Del. Laws, c. 22, §  1;  Code 1935, §  265;  20 Del. C. 1953, §  128;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 130. Regulations as to appointment of officers and other matters.

§ 130. Regulations as to appointment of officers and other matters.
The Governor of this State may issue such regulations governing the appointment of officers in the National Guard of this State and such other matters pertaining to the National Guard as may be necessary in order to conform to the requirements made by Congress for participation in federal appropriations for the National Guard.
Code 1915, §  299;  32 Del. Laws, c. 22, §  1;  Code 1935, §  262;  20 Del. C. 1953, §  127;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 131. Enlistment and oath.

§ 131. Enlistment and oath.
Enlistment and oath of enlistment in the National Guard of this State shall be in conformity with the provisions of the National Defense Act and any amendments thereto.
20 Del. Laws, c. 392, §  10;  24 Del. Laws, c. 62, §  1;  Code 1915, §  300;  32 Del. Laws, c. 22, §  1;  Code 1935, §  263;  20 Del. C. 1953, §  129;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 132. Death of veteran personnel; state flags to half-staff.

§ 132. Death of veteran personnel; state flags to half-staff.
If any unit of the Delaware National Guard learns of the death of any its current or retired members, said unit may, on the day on which the deceased member is to be buried, cremated or otherwise interred or ceremoniously remembered following that member's death, lower the state flag to half-staff for the duration of the day.
73 Del. Laws, c. 394, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 134. Retirement of officers and enlisted personnel — Rights of retired officers and enlisted personnel.

§ 134. Retirement of officers and enlisted personnel — Rights of retired officers and enlisted personnel.
Retired officers and enlisted personnel shall be borne on the roster of the Delaware National Guard as so retired and shall be entitled to wear the uniform of the highest grade attained by them on all occasions of ceremony. Retired officers may, at the discretion of the Commander in Chief, with their consent be temporarily placed on active duty.
24 Del. Laws, c. 62, §  2;  Code 1915, §  324;  32 Del. Laws, c. 22, §  1;  Code 1935, §  298;  20 Del. C. 1953, §  132;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 135. Oaths and affirmations; who may administer; false swearing.

§ 135. Oaths and affirmations; who may administer; false swearing.
(a) General, field, commissioned and warrant officers may administer oaths and affirmations in all matters appertaining to or concerning the Delaware National Guard service, but in no case shall they charge any fee or compensation therefor.
(b) Whoever falsely swears or falsely affirms to any oath or affirmation administered pursuant to this section shall be deemed guilty of perjury in the second degree, a class E felony.
20 Del. Laws, c. 392, §  55;  Code 1915, §  322;  32 Del. Laws, c. 22, §  1;  Code 1935, §  296;  20 Del. C. 1953, §  133;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter II. Department of Military Affairs › § 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds.

§ 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds.
(a) The Adjutant General shall determine the use of armories and arsenals by military units of the Delaware National Guard.
(b) The Adjutant General may enter into, on behalf of the State, leases and contracts for the use of any state-owned armory, arsenal or military reservation upon such terms and conditions and for such duration as the Adjutant General deems advisable; provided, such use or occupation of any such property shall not interfere with the operation of such property by the armed forces of this State.
(c) All rentals received for the use of any such property shall be forwarded to the Adjutant General and be used to pay for the maintenance, utilities and other expenses associated with such use of said armories.
(d) No order shall be paid by the State Treasurer unless approved by the Adjutant General, or by an officer or employee designated by the Adjutant General, or unless an itemized bill or statement showing in detail the items to be paid under such order shall be attached and the contents thereof certified to be correct.
(e) The Adjutant General shall have full authority to make application to the National Guard Bureau for federal funds to improve or maintain any armory, arsenal or military reservation of this State.
26 Del. Laws, c. 41, §  3;  27 Del. Laws, c. 61, §  3;  Code 1915, §  329;  32 Del. Laws, c. 22, §  1;  Code 1935, §  304;  47 Del. Laws, c. 329, §  17;  20 Del. C. 1953, §  194;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter III. Property; Accountability, Misappropriation and Injury › § 141. Property accountability.

§ 141. Property accountability.
(a) Any officer, enlisted member, employee or agent of the Delaware National Guard who receives state or federal property or funds for military use shall be liable under the appropriate state and federal regulations for the proper safeguarding of said property or funds.
(b) No such person shall be discharged from responsibility for such property or funds until a proper accounting shall be made under appropriate regulations.
(c) The Adjutant General shall be empowered to enter suit against any person in the name of the state for the value of any such property as may have been damaged, lost, destroyed or not properly accounted for.
20 Del. Laws, c. 392, §  23;  Code 1915, §  303;  32 Del. Laws, c. 22, §  1;  Code 1935, §  266;  20 Del. C. 1953, §  141;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 106, §  8;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter III. Property; Accountability, Misappropriation and Injury › § 142. Arms and property to be deposited on order of proper officer; penalty; notice; lost or damaged arms or equipment.

§ 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 of the Delaware National Guard shall, when required by the Adjutant General or the commanding officer of any unit, be deposited in the armory of the unit.
(b) Any person to whom such property was issued, failing to deposit or return any article of such property unless properly accounted for within 10 days after said person shall have been notified by written notice from the commanding officer to return it to the armory, shall be assessed damages in an amount of the current value of the property thus illegally detained, which assessment shall become a judgment of the court and entered upon its records as such. The court is empowered to use its civil contempt power to enforce payment of this assessment.
(c) (1) Notice under this section shall be given either by personal delivery thereof to the person to be notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person's address as shown by the records of the Delaware National Guard.
(2) The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice. Proof of the giving of notice in either such manner may be made by the certificate of any officer or employee of the Delaware National Guard or affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.
(d) When any arms, equipment or other property furnished to organizations of the Delaware National Guard are lost or damaged by the act or neglect of any officer or enlisted person, deduction may be made to the amount of such loss or damage from any pay or allowance that may be or become due, under this chapter, to such officer or enlisted person.
20 Del. Laws, c. 392, §  33;  22 Del. Laws, c. 284, §  1;  Code 1915, §  307;  32 Del. Laws, c. 22, §  1;  Code 1935, §  270;  20 Del. C. 1953, §  145;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 106, §  9;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter III. Property; Accountability, Misappropriation and Injury › § 143. Recovery of arms and property of disbanded company.

§ 143. Recovery of arms and property of disbanded company.
Upon disbandment of any company or organization which has received arms, equipment or any other property of the State or of the United States for military purposes, the commanding officer of such company or organization shall be responsible for the return of the same to the custody of a duly authorized officer of the State.
The Adjutant General shall take the necessary legal proceedings in the name of the State or direct that proper legal proceedings be taken, as provided for in § 142 of this title, unless the property is properly accounted for.
20 Del. Laws, c. 392, §  35;  Code 1915, §  309;  32 Del. Laws, c. 22, §  1;  Code 1935, §  272;  20 Del. C. 1953, §  146;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter III. Property; Accountability, Misappropriation and Injury › § 144. Enforcement; jurisdiction; appearance through designated officer.

§ 144. Enforcement; jurisdiction; appearance through designated officer.
(a) The Justice of the Peace Courts shall have jurisdiction to enforce this subchapter.
(b) The Delaware National Guard may appear in Justice of the Peace Court by and through any officer designated by the Adjutant General for the purposes of enforcing this subchapter.
64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 152. General courts-martial.

§ 152. General courts-martial.
(a) The Governor or Adjutant General may convene a general court-martial by appropriate order.
(b) A general court-martial may impose a sentence of:
(1) A fine of not more than the member's pay and allowances for 24 unit training assemblies;
(2) Forfeiture of the member's pay and allowances for up to 24 unit training assemblies;
(3) A reprimand;
(4) Dismissal, dishonorable discharge or a bad conduct discharge;
(5) Reduction of any noncommissioned officer or enlisted person to any rank;
(6) A sentence of confinement in accordance with the limitations set forth in § 155 of this title; or
(7) Any combination of these punishments.
(c) Any sentence imposed by a general court-martial shall not become effective until acted upon by the Adjutant General in accordance with the Manual for Courts-Martial of the United States.
Code 1915, §  310A;  33 Del. Laws, c. 46, §  1;  Code 1935, §  274;  20 Del. C. 1953, §  152;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  11;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 153. Special courts-martial.

§ 153. Special courts-martial.
(a) A commander of the rank of O-6 (Colonel), the commander of any other unit specifically designated by the Adjutant General, the Assistant Adjutant General for the Army National Guard, the Assistant Adjutant General for the Air National Guard and the Adjutant General may convene a special court-martial by appropriate order.
(b) A special court-martial may impose any sentence authorized for a general court-martial, including a bad-conduct discharge, except that fines and forfeiture are limited to 12 unit training assemblies.
(c) Any sentence imposed by a special court-martial shall not become effective until acted upon by the convening authority in accordance with the Manual for Courts-Martial of the United States.
(d) A special court-martial shall have jurisdiction to try any member of the Delaware National Guard.
Code 1915, §  310B;  33 Del. Laws, c. 46, §  1;  Code 1935, §  275;  20 Del. C. 1953, §  153;  64 Del. Laws, c. 258, §  1;  68 Del. Laws, c. 108, §  2;  72 Del. Laws, c. 106, §  12;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 154. Summary courts-martial.

§ 154. Summary courts-martial.
(a) A commander of any unit of the Delaware National Guard may be appropriate order convene a summary court-martial consisting of 1 officer.
(b) A summary court-martial may impose a sentence of:
(1) A fine of not more than the member's pay and allowances for 4 unit training assemblies.
(2) Forfeiture of the member's pay and allowances for up to 4 unit training assemblies.
(3) Reduction of any noncommissioned officer or enlisted person to any rank within the promotional authority of the appointing authority; or
(4) Any combination of these punishments.
(c) Any sentence imposed by a summary court-martial shall not become effective until acted upon by the convening authority in accordance with the Manual for Courts-Martial of the United States.
Code 1915, §  310C;  33 Del. Laws, c. 46, §  1;  Code 1935, §  276;  20 Del. C. 1953, §  154;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  13;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 155. Penalties.

§ 155. Penalties.
(a) When not in federal service under Title 10 of the United States Code, the punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by the Uniform Code of Military Justice (UCMJ) subject to the limitations in this section.
(b) For all offenses, the penalty shall be as provided in the UCMJ except that the maximum sentence of confinement shall not exceed 1 year.
(c) Any sentence to incarceration by a general or special court-martial shall not be executed until acted upon by the convening authority in accordance with the Manual for Courts-Martial of the United States.
(d) The Department of Correction shall receive and confine all military offenders committed to its custody by order of court-martial approved by the Adjutant General.
Code 1915, §  310D;  33 Del. Laws, c. 46, §  1;  Code 1935, §  277;  20 Del. C. 1953, §  155;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  14;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 156. Sentences which require Governor's approval.

§ 156. Sentences which require Governor's approval.
When not in federal service under Title 10 of the United States Code, sentence of dismissal or dishonorable or bad conduct discharge from the service imposed by court-martial shall not be executed until approved by the Governor.
Code 1915, §  310E;  33 Del. Laws, c. 46, §  1;  Code 1935, §  278;  20 Del. C. 1953, §  156;  64 Del. Laws, c. 258, §  1;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 157. Process.

§ 157. Process.
The President, Military Judge, or Summary Court Officer of any court-martial convened under this title may:
(1) Issue warrants, subpoenas or subpoenas duces tecum to compel appearance at a court-martial or to enforce the Court's judgments.
(2) Issue such other process as is necessary to exercise the Court's jurisdiction.
(3) Punish persons subject to the Delaware Code of Military Justice for contempt of court under the procedures of the Uniform Code of Military Justice; provided, however, that no punishment imposed may exceed that authorized for violation of § 1271 of Title 11.
Any warrant or subpoena under this section may be served or executed by the Sheriff, any constable, law-enforcement officer, military policeman or provost marshal designated for this purpose.
Code 1915, §  310F;  33 Del. Laws, c. 46, §  1;  Code 1935, §  279;  20 Del. C. 1953, §  157;  64 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 106, §  15;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 158. Disobedience of subpoenas.

§ 158. Disobedience of subpoenas.
(a) Any member of the Delaware National Guard who fails to obey a subpoena issued by a court-martial shall be punished by the court-martial under the terms of the Uniform Code of Military Justice as adopted by regulation of the Delaware National Guard.
(b) Any person not a member of the Delaware National Guard who wilfully fails to obey a subpoena issued by a court-martial shall be guilty of criminal contempt of court under § 1271(3) of Title 11.
Code 1915, §  310I;  33 Del. Laws, c. 46, §  1;  Code 1935, §  282;  20 Del. C. 1953, §  158;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  16;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 159. Payment of fines.

§ 159. Payment of fines.
(a) Upon approval of the sentence of any court-martial to pay a fine by the court-martial convening authority, the fine so imposed shall be immediately due and payable to the State of Delaware General Fund, through the commander of the member's unit to be forwarded to the Adjutant General.
(b) Any fine or forfeiture imposed by sentence of court-martial or nonjudicial punishment collected by the Adjutant General shall be paid over to the Delaware National Guard Central Fund.
Code 1915, §  310G;  33 Del. Laws, c. 46, §  1;  37 Del. Laws, c. 35, §  1;  Code 1935, §  280;  20 Del. C. 1953, §  159;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  17;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 162. Violation of duties by sheriffs, constables and wardens.

§ 162. Violation of duties by sheriffs, constables and wardens.
Whoever, being a sheriff, constable or prison warden neglects or refuses to:
(1) Execute any process, or
(2) Make proper return of all fines and penalties collected,
shall be fined $100 for each such offense for the use of this State.
Code 1915, §  310K;  33 Del. Laws, c. 46, §  1;  Code 1935, §  284;  20 Del. C. 1953, §  162;  64 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter IV. Courts-Martial and Sentences › § 163. Nonjudicial punishment.

§ 163. Nonjudicial punishment.
Any commanding officer of the Delaware National Guard, not in federal service under Title 10 of the United States Code, may, in addition to or in lieu of admonition or reprimand, impose nonjudicial punishment in a like manner and to the extent prescribed by Article 15 of the Uniform Code of Military Justice [10 U.S.C. §  815] and the Manual for Courts-Martial, United States, 2012, as amended, as adopted by regulation of the Delaware National Guard.
64 Del. Laws, c. 258, §  1;  81 Del. Laws, c. 40, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 1. DELAWARE NATIONAL GUARD › Subchapter V. Calling Out of National Guard › § 171. Governor as Commander in Chief; call out of National Guard for state duty.

§ 171. Governor as Commander in Chief; call out of National Guard for state duty.
(a) When the Governor has determined that it is in the best interest of the State, the Governor by order may:
(1) Call out any unit or units, member or members of the Delaware National Guard to serve in a state duty status to respond to any emergency situation.
(2) Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any impending emergency.
(3) Call out any unit or units, member or members of the Delaware National Guard to serve on state duty for an emergency or impending emergency to fulfill obligations under any interstate emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact.
(4) Call out units or members of the Delaware National Guard for training or other nonemergency function as deemed appropriate subject to funding availability.
(5) Call out any member sentenced to incarceration by a general or special court-martial to state active duty with no pay for the duration of the confinement pursuant to § 155 of this title.
(b) The Governor shall serve as commander-in-chief of the Delaware National Guard when it is not in federal service.
20 Del. Laws, c. 392, §  42;  22 Del. Laws, c. 284, §  1;  24 Del. Laws, c. 62, §  4;  Code 1915, §§  311, 325;  32 Del. Laws, c. 22, §  1;  Code 1935, §  285;  47 Del. Laws, c. 329, §  6;  20 Del. C. 1953, §  171;  64 Del. Laws, c. 258, §  1;  72 Del. Laws, c. 106, §  20;  80 Del. Laws, c. 387, § 2;