reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter II. Delaware Emergency Management Agency › § 3108. Radiological Emergency Management Program.

§ 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 promulgated by federal agencies. The purpose of the program is to comply with applicable federal regulations and to implement all necessary and appropriate protective or remedial measures on behalf of the State with respect to a radiological incident, or threatened radiological incident, resulting from the operation of commercial nuclear generating facilities, acts of terrorism, or transport of nuclear by-products. DEMA shall serve as the single point of contact for interaction between the affected facilities and other state agencies and departments, counties, municipalities and the federal government.
(b) All grants or payments of money by the federal government, or by any other public or private source, pursuant to any contract, agreement or otherwise, to the Department of Safety and Homeland Security for radiological emergency management shall be appropriated to DEMA for the designated purpose, and no other, for which the money was paid and received. All such money shall be payable to the State Treasurer. The Treasurer shall credit the deposit to a special fund to be known and designated as the “Delaware Radiological Emergency Management Program Account,” and any money received for the use of DEMA in connection with its duties under the Delaware Radiological Emergency Management Program shall be paid out of the special account by the State Treasurer upon warrants executed by the Secretary of the Department of Safety and Homeland Security for the designated use, without any further authority from the General Assembly.
(c) On behalf of DEMA, the Secretary of the Department of Safety and Homeland Security shall cause to be prepared, and shall submit to the Director of the Office of Management and Budget and the Joint Finance Committee, in accordance with Chapters 63 and 65 of Title 29, a detailed budgetary plan which:
(1) Depicts all anticipated expenses for the ensuing fiscal year associated with the duties of the State, political subdivisions and other organizations in the Delaware Radiological Emergency Management Program or under any contract or agreement in connection therewith;
(2) Provides an accurate statement of all funds, grants, gifts or other forms of financial assistance to be paid or furnished to DEMA for the ensuing fiscal year by the federal government or any other public or private source; and
(3) Describes the designated use of any funds, grants, gifts or other forms of financial assistance received by the State as well as any other relevant restrictions regarding the expenditure of such moneys.
63 Del. Laws, c. 254, §  1;  69 Del. Laws, c. 78, §  3;  71 Del. Laws, c. 207, §  1;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 88, §  21(11);
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter II. Delaware Emergency Management Agency › § 3109. Emergency alerts.

§ 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 federal agencies.
(b) The emergency alert plan must be designed to rapidly disseminate useful information in a predetermined manner to all of the following:
(1) Radio and television stations broadcasting within this state.
(2) Wireless devices through the Wireless Emergency Alerts or subsequent systems operated by federal agencies to provide authenticated emergency and life-saving information to the public.
(c) The emergency alert plan must be activated in accordance with policies established by the Department of Safety and Homeland Security.
(d) Emergency alerts must broadcast alerts in Spanish, in addition to English, when possible.
83 Del. Laws, c. 315, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter III. The Governor and Emergency Management › § 3115. General authority of the Governor.

§ 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 DEMA and shall be responsible for carrying out this chapter. In the event of an emergency or disaster beyond local control, the Governor may assume direct operational control over all or any part of the emergency management functions within the State.
(b) In performing the duties of the Governor under this chapter, the Governor may issue, amend and rescind all necessary executive orders, emergency orders, proclamations and regulations, which shall have the force and effect of law.
(c) In addition to the powers conferred upon the Governor by this chapter, a state of emergency may be proclaimed by emergency order of the Governor upon a finding that an emergency or disaster has occurred or that such occurrence or threat of that occurrence is imminent. The state of emergency shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with to the extent that conditions necessitating a state of emergency no longer exist and terminates the state of emergency by subsequent order. No state of emergency can continue for more than 30 days without being renewed by the Governor. All orders issued under this chapter shall indicate the nature of the emergency or disaster, the geographical area or areas threatened, and the conditions which have brought the emergency or disaster about or which make possible termination of the state of emergency. An order terminating a state of emergency shall describe the reasons for termination, and shall be disseminated as promptly as is practicable by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the emergency or disaster prevent or impede, shall be promptly logged with DEMA. Emergency action ordered by the Governor in accordance with the Governor's constitutional and statutory authority shall not be invalidated because of any failure to comply with the technical requirements for the logging or filing of emergency orders.
48 Del. Laws, c. 189, §  6;  20 Del. C. 1953, §  3105;  50 Del. Laws, c. 398, §  1;  53 Del. Laws, c. 391;  57 Del. Laws, c. 670, §  25F;  58 Del. Laws, c. 533;  58 Del. Laws, c. 558, §  6;  63 Del. Laws, c. 254, §  1;  69 Del. Laws, c. 78, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 207, §  1;  73 Del. Laws, c. 355, §  4;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter III. The Governor and Emergency Management › § 3117. Activation of emergency or disaster response.

§ 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 discretion of the DEMA Director in consultation with the Secretary of the Department of Safety and Homeland Security.
20 Del. C. 1953, §  3125;  56 Del. Laws, c. 118, §  2;  63 Del. Laws, c. 340, §§  1, 2;  67 Del. Laws, c. 104, §§  1, 2;  71 Del. Laws, c. 207, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3121. Orders, rules and regulations.

§ 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 inconsistent with any orders, rules or regulations promulgated by the Governor or by any state agency exercising a power delegated by the Governor.
(b) All orders, rules and regulations promulgated by the Governor or other agency authorized by this chapter to make orders, rules and regulations shall have the full force and effect of law when issued by the Governor or any state agency or when logged and memorialized by the DEMA director in accordance with this chapter. All existing laws, ordinances, rules and regulations inconsistent with this chapter shall be suspended during the period of time of the emergency or disaster and to the extent that such conflict exists.
(c) In order to attain uniformity so far as practicable throughout the nation in measures taken to aid emergency management, all action taken under this chapter and all orders, rules and regulations made pursuant thereto shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations and requests of federal authorities relevant thereto and, to the extent permitted by law or practical, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.
48 Del. Laws, c. 189, §  14;  20 Del. C. 1953, §  3113;  63 Del. Laws, c. 254, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3122. Enforcement.

§ 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 Del. Laws, c. 207, §  1;  75 Del. Laws, c. 354, §  1;  77 Del. Laws, c. 245, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3123. Authority to accept services, gifts, grants and loans.

§ 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, grant or loan for purposes of emergency management, this State, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through such political subdivision's executive officer or governing body, may authorize any officer of this State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of this State or such political subdivision, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
48 Del. Laws, c. 189, §  17;  20 Del. C. 1953, §  3116;  63 Del. Laws, c. 254, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3124. Political activity.

§ 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, §  3117;  63 Del. Laws, c. 254, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3125. Penalties.

§ 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, c. 189, §  20;  20 Del. C. 1953, §  3119;  63 Del. Laws, c. 254, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3126. Laws suspended during emergencies or disasters.

§ 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 requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and expenditures of public funds.
20 Del. C. 1953, §  3126;  56 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3127. Conflict with other laws.

§ 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) During a state of emergency, whenever the restrictions imposed pursuant to this chapter are inconsistent and in conflict with those required by any other statute, local ordinance or regulation, the provisions of the emergency order imposed pursuant to this chapter shall govern.
(c) Nothing contained in this chapter shall be construed to infringe in any way upon the powers of the fire officers-in-charge as defined in § 6701A of Title 16, or any successor statute.
20 Del. C. 1953, §  3127;  56 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3128. Destruction of property, looting or injury of persons during state of emergency; penalty; liability for conduct of another.

§ 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 guilty of a felony.
(b) Whoever violates this section shall be guilty of a Class C felony.
(c) Any person over 16 years old who violates this section shall be prosecuted as an adult.
(d) A person is guilty of an offense under this section committed by another person when:
(1) Acting with the state of mind that is sufficient for commission of the offense, such person causes an innocent or irresponsible person to engage in conduct constituting the offense; or
(2) Intending to promote or facilitate the commission of the offense that person:
a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or
b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or
c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so.
(e) In any prosecution for an offense under this section in which the criminal liability of the accused is based upon the conduct of another person pursuant to this section, it is no defense that:
(1) The other person is not guilty of the offense in question because of irresponsibility or other legal incapacity or exemption or because of unawareness of the criminal nature of the conduct in question or of the accused's criminal purpose or because of other factors precluding the mental state required for the commission of the offense; or
(2) The other person has not been prosecuted for or convicted of any offense based on the conduct in question or has previously been acquitted thereof or has been convicted of a different offense or in a different degree or has legal immunity from prosecution for the conduct in question.
20 Del. C. 1953, §  3129;  56 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter IV. Miscellaneous Provisions › § 3130. Construction of chapter.

§ 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. Without limiting the general intent of this section, any emergency order shall be interpreted as to provide the State with the maximum opportunity to obtain federal emergency or disaster relief assistance for the State.
48 Del. Laws, c. 189, §  21;  20 Del. C. 1953, §  3121;  63 Del. Laws, c. 254, §  1;  71 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3131. Findings.

§ 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 serious and immediate threats.
(3) A renewed focus on the prevention, detection, management and containment of public health emergencies is called for.
(4) Emergency health threats, including those caused by bioterrorism and epidemics, require the exercise of extraordinary government functions.
(5) Delaware must have the ability to respond, rapidly and effectively, to potential or actual public health emergencies.
(6) The exercise of emergency health powers must promote the common good.
(7) Emergency health powers must be grounded in a thorough scientific understanding of public health threats and disease transmission.
(8) The rights of people to liberty, bodily integrity and privacy must be respected to the fullest extent possible consistent with the overriding importance of the public's health and security.
(9) Guided by principles of justice, it is the duty of this State to act with fairness and tolerance towards individuals and groups.
(10) This subchapter is necessary to protect the health and safety of the citizens of this State.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3133. Control of health-care supplies.

§ 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 controlling a public health emergency without any additional legislative authorization.
(b) Definitions for the purpose of this section only:
(1) “Delivers” means to hand out prepackaged and labeled medications to end users at the direction of the Public Health Authority.
(2) [Repealed.]
(3) “Unlicensed person” means an individual who is not a licensed health-care professional and has successfully completed in-service training, approved by the Board of Pharmacy, on the State or Federal Stockpile.
(c) Any licensed health-care professional or unlicensed person who, at the direction of the Public Health Authority, prior to, during or after an impending, probable or actual public health threat or a declared public health emergency or state of emergency, delivers, or assists in the delivery of medical supplies or prescription or nonprescription medications to individuals, other than by injection, and provided that the medication is in the original container and properly labeled, shall be exempt from the licensing statutes and regulations for health-care professionals and shall be considered a public employee under §§ 4001 and 4002 of Title 10. The Division of Public Health shall position a licensed health-care professional on-site to supervise the delivery process to individuals if a licensed health-care professional is available.
(d) Each individual will complete a prescreening assessment on an annual basis that will screen for contraindications to the medications in the State or Federal Stockpile. The assessment will be developed by the Division of Public Health and approved by the Board of Pharmacy.
73 Del. Laws, c. 355, §  13;  76 Del. Laws, c. 168, §  1;  80 Del. Laws, c. 390, § 1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3134. Destruction of property.

§ 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 against the property to be destroyed in accordance with the existing laws and rules of the Superior Court or any such rules that may be developed by the Superior Court for use during a state of emergency. Any property acquired by the public safety authority or public health authority through such proceedings shall, after entry of the decree, be disposed of by destruction as the Court may direct.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3135. Medical examination and testing during public health emergency.

§ 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 examinations or tests must not be such as are reasonably likely to lead to serious injury to the affected individual.
(3) The public safety authority may isolate or quarantine, subject to § 3136 of this title, any person whose refusal of medical examination or testing results in uncertainty regarding whether the person has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to public health.
73 Del. Laws, c. 355, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3137. Vaccination and treatment during public health emergency.

§ 3137. Vaccination and treatment during public health emergency.
During a state of emergency, the public safety 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 infectious disease and to prevent the spread of contagious or possibly contagious disease.
a. Vaccination may be performed by any qualified person authorized to do so by the public safety authority.
b. A vaccine to be administered must not be such as is reasonably likely to lead to serious harm to the affected individual.
c. To prevent the spread of contagious or possibly contagious disease, the public safety authority may isolate or quarantine, subject to § 3136 of this title, persons who are unable or unwilling for reasons of health, religion or conscience to undergo vaccination pursuant to this section.
(2) To direct treatment of persons exposed to or infected with disease.
a. Treatment may be administered by any qualified person authorized to do so by the public safety authority.
b. Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
c. To prevent the spread of contagious or possibly contagious disease, the public safety authority may isolate or quarantine, subject to § 3136 of this title, persons who are unable or unwilling for reasons of health, religion or conscience to undergo treatment pursuant to this section.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3138. Collection of laboratory specimens; performance of tests during public health emergency.

§ 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 deceased, and acquire any previously collected specimens or test results that are reasonable and necessary for emergency response.
(1) All specimens shall be clearly marked.
(2) Specimen collection, handling, storage and transport to the testing site shall be performed in a manner that will reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling and transport of such specimen.
(3) Any person authorized to collect specimens or perform tests shall use chain of custody procedures to ensure proper record keeping, handling, labeling and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.
(4) Recognizing that during a state of public health emergency, any specimen collected or test performed may be evidence in a criminal investigation, any business, facility or agency authorized to collect specimens or perform tests shall provide such support as is reasonable and necessary to aid in a relevant criminal investigation.
(5) To prevent the spread of contagious or possibly contagious disease, the public health authority may isolate or quarantine, subject to § 3136 of this title, persons who are unable or unwilling for reasons of health, religion or conscience to undergo specimen collection or testing pursuant to this section.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3139. Confidentiality of medical information.

§ 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;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3140. Licensing an appointment of health personnel during public health emergency.

§ 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) To require in-state health care providers to assist in the performance of vaccination, treatment, examination or testing of any individual;
(2) To appoint and prescribe the duties of such out-of-state emergency health care providers as may be reasonable and necessary for emergency response.
a. The appointment of out-of-state emergency health care providers pursuant to this section may be for a limited or unlimited time, but shall not exceed the termination of the state of emergency. The public health authority may terminate the out-of-state appointments at any time or for any reason provided that any such termination will not jeopardize the health, safety and welfare of the people of this State.
b. The public health authority may waive any or all licensing requirements, permits or fees required by the state Code and applicable orders, rules or regulations for health care providers from other jurisdictions to practice in this State so long as health care providers from other jurisdictions possess the licensing, permit or fee requirement for health care providers in their jurisdictions.
c. Any out-of-state emergency health care provider appointed pursuant to this section shall be considered a public employee under §§ 4001-4002 of Title 10;
(3) To authorize the medical examiner to appoint and prescribe the duties of such emergency assistant medical examiners as may be required for the proper performance of the duties of the office.
a. The appointment of emergency assistant medical examiners pursuant to this section may be for a limited or unlimited time, but shall not exceed the termination of the state of emergency.
b. The medical examiner may waive any or all licensing requirements, permits or fees required by the state Code and applicable orders, rules or regulations for the performance of these duties so long as the appointed emergency assistant medical examiner is competent to properly perform the duties of the office. In addition, if from another jurisdiction, the appointed emergency assistant medical examiner must possess the licensing, permit or fee requirement for medical examiners or assistant medical examiners in that jurisdiction.
c. Any emergency assistant medical examiner appointed pursuant to this section shall be considered a public employee under §§ 4001-4002 of Title 10.
73 Del. Laws, c. 355, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3141. Public Health Emergency Planning Commission.

§ 3141. Public Health Emergency Planning Commission.
(a) The Commission 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 House of Representatives.
(3) The President Pro Tempore of the Senate.
(4) The Secretary of the Department of Health and Social Services.
(5) The Secretary of the Department of Safety and Homeland Security.
(6) The Secretary of the Department of Natural Resources and Environmental Control.
(7) The Secretary of the Department of Agriculture.
(8) The Adjutant General of the Delaware National Guard.
(9) The Chief Justice of the Delaware Supreme Court.
(10) The Director of the Delaware Emergency Management Agency.
(11) The Governor's Homeland Security Advisor.
(12) A representative of the Delaware medical community, to be appointed by the Governor, for a term of 2 years.
(13) The Attorney General.
(14) [Repealed].
(15) The Minority Leader of the Senate.
(16) The Minority Leader of the House.
(17) A physician who is board certified in infectious disease and licensed to practice in this State, to be appointed by the Governor, for a term of 2 years.
(18) A representative from a major Delaware hospital system, to be appointed by the Governor from a slate of nominees to be provided by the Delaware Healthcare Association, for a term of 2 years.
(19) The Director of the Office of Management and Budget.
(b) The Secretary of the Department of Health and Social Services or the Secretary's designee shall serve as the Chair of the Commission. The Governor shall also appoint representatives of affected constituencies, including the medical community, local health departments and governments, local police, fire and emergency medical service agencies, community health centers, and volunteer organizations as ex officio members of the Commission.
(c) The number of members who must be present at a Commission meeting to have a quorum and conduct official business is the majority of voting members. Counting for quorum does not include voting member positions that are vacant.
(d) An individual appointed to fill a vacancy on the Commission holds office for the remainder of the term of the former member.
73 Del. Laws, c. 355, §  13;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 213, § 2;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3143. Rules and regulations.

§ 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 public health authority and the public safety authority shall have the power to enforce the provisions of this subchapter through the imposition of fines and penalties, the issuance of orders, and such other remedies as are provided by law, but nothing in this subchapter shall be construed to limit specific enforcement powers enumerated in this subchapter. However, rules and regulations promulgated and implemented under this subchapter and enforcement of the provisions of this subchapter must be in accord with the due process rights guaranteed by the 1897 Constitution of the State, as amended, and the Constitution of the United States of America.
73 Del. Laws, c. 355, §  13;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3144. Liability.

§ 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 estate or premises for the purpose of sheltering persons, shall be considered, together with that person's successors in interest, if any, a public employee under §§ 4001-4002 of Title 10.
(b) During a state of emergency, any private person, firm or corporation or employee or agent of such person, firm or corporation who renders assistance or advice at the request of the State or its political subdivisions under the provisions of this subchapter shall be considered a public employee under §§ 4001-4002 of Title 10.
(c) The immunities provided in this section shall not apply to any private person, firm or corporation or employee or agent of such person, firm or corporation whose act or omission caused, in whole or in part, the emergency and who would otherwise be liable therefor.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3145. Compensation.

§ 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 a public health emergency. State compensation shall not be provided for facilities or materials that are closed, evacuated, decontaminated or destroyed when there is reasonable cause to be believed that they may endanger the public health. Except as otherwise indicated in this subchapter, “just compensation” shall be used in the same manner that it is used in Chapter 61 of Title 10.
(b) Any action against the State with regard to the payment of compensation shall be brought in the Superior Court of the State in the county in which the property is alleged to have been taken or appropriated in accordance with existing Superior Court rules or any such rules that may be developed by the Court for use during a state of emergency.
(c) The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to nonemergency eminent domain procedures, except that the amount of compensation calculated for confiscated supplies or materials shall not exceed the costs incurred to produce the items.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3146. Saving clause.

§ 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 with the operation or enforcement of the provisions of this subchapter. The powers assigned to the Governor, public safety authority and public health authority by this subchapter supplement and do not derogate the Governor's powers under subchapters III and IV of this chapter.
73 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter V. Public Health Emergencies › § 3147. Conflicting laws.

§ 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 Del. Laws, c. 355, §  13;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 31. EMERGENCY MANAGEMENT › Subchapter VI. Continuation of Certain Orders Issued During the COVID-19 State of Emergency › § 3155. Marriage licenses.

§ 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;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3201. Preamble.

§ 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 participant of this system recognizes that emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential for the protection of lives and property and for best use of available assets both public and private. The system shall provide for mutual assistance among the participating political subdivisions and fire, rescue and emergency medical service provider organizations in the prevention of, response to, and recovery from, any disaster that results in a formal state of emergency in a participating political subdivision, subject to that participating political subdivisions criteria for declaration. If the State of Delaware declares a state of emergency that covers the jurisdictional territory of a political subdivision for purposes of this chapter, a state of emergency has been declared by that political subdivision for purposes of this chapter. The system shall provide for mutual cooperation among the participating political subdivisions and fire, rescue and emergency medical service provider organizations in conducting disaster-related exercises, testing or other training activities outside actual declared emergency periods. This chapter provides no immunity, rights or privileges for any individual responding to a state of emergency that is not requested and/or authorized to respond by a participating political subdivision or fire, rescue, or emergency medical service provider organization. Participating political subdivision and fire, rescue, and emergency service provider organizations will be ensured, to the fullest extent possible, eligibility for state and federal disaster funding.
75 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3202. Delaware Mutual Aid Committee.

§ 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 developing methods to track and evaluate activation of the system and to examine issues facing participating political subdivisions and fire, rescue, and emergency medical service provider organizations regarding the implementation of this chapter. The Director of the Delaware Emergency Management Agency shall chair the committee. The committee may prepare an annual report on the condition and effectiveness of mutual aid in the State of Delaware, make recommendations for correcting any deficiencies, and submit that report to the Delaware General Assembly. Members of the committee shall serve a 2-year term and shall be appointed by the Governor of the State of Delaware.
(b) The membership of the committee shall consist of:
(1) The President of the Delaware Volunteer Firefighter's Association, or designee;
(2) The President of the Delaware State Fire Chief's Association, or designee;
(3) A representative from each of the county emergency management agencies;
(4) A representative from the League of Local Governments;
(5) A representative from the Delaware State Police Chief's Council;
(6) A representative from the city of Wilmington emergency management agency;
(7) The Director of the Delaware Emergency Management Agency;
(8) A representative from a municipality with a population less than 50,000 from each county;
(9) The Superintendent from the Delaware State Police; or designee.
(10) A representative from the Delaware National Guard;
(11) The Director of the Delaware State Fire School or designee; and
(12) Other representatives as deemed necessary by the Director of the Delaware Emergency Management Agency.
75 Del. Laws, c. 182, §  1;  77 Del. Laws, c. 378, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3203. Statewide Mutual Aid System.

§ 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 or fire, rescue or emergency medical service provider organization within the State of Delaware may elect not to participate or to later withdraw from the system upon enacting an appropriate resolution by its governing body declaring that it elects not to participate in the statewide mutual aid system; and providing a copy of the resolution to the Director of the Delaware Emergency Management Agency. This chapter does not preclude participating political subdivisions and fire, rescue and emergency medical service provider organizations from entering into supplementary agreements with another political subdivision or fire, rescue, or emergency medical service provider organizations and does not affect any other agreement to which a political subdivision or fire, rescue or emergency medical service provider organization may currently be a party to, or decide to be a part to.
75 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3204. Definitions.

§ 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, rescue or emergency medical service provider organization recognized by the State Fire Prevention Commission.
(c) “Locally-declared emergency” is an emergency as declared by a political subdivision.
(d) “Political subdivision” is any town, city or county within the State of Delaware.
(e) “Support responder” is any municipal, county, or state employee, who is not an emergency responder, with special skills, qualifications, training, knowledge and experience in the public or private sectors that would be beneficial to a participating political subdivision in response to a locally declared emergency as defined in any applicable law or ordinance or authorized drill or exercises; and who is requested and/or authorized to respond. Under this definition, a support responder may or may not be required to possess a license, certificate, permit or other official recognition for their expertise in a particular field or area of knowledge.
75 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3205. Participating political subdivisions responsibilities.

§ 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 hazards that could affect the participant using an identification system common to all participating jurisdictions.
(2) Conduct joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions, and conduct joint training at least biennially.
(3) Identify and inventory the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivision.
(4) Adopt and put into practice the standardized incident management system approved by the Director of the Delaware Emergency Management Agency.
75 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3206. Implementation.

§ 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 result in locally-declared emergencies or in concert with authorized drills or exercises as allowed under this chapter. Requests for assistance shall be made through the chief executive officer of a participating political subdivision or the chief executive officer's designee. Requests may either be verbal or in writing and are not required to go directly to the Director of the Delaware Emergency Management Agency but in all cases will be reported to the Director as soon as is practical. Verbal requests will be followed up with a written request as soon as is practical but in no event later than 15 days.
75 Del. Laws, c. 182, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 20 - Military and Civil Defense › Chapter 32. INTRASTATE MUTUAL AID COMPACT › § 3207. Limitations.

§ 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 is subject to the following conditions:
(1) A participating political subdivision requesting assistance must have either declared a state of emergency or authorized drills and exercises.
(2) A responding participating political subdivision or fire, rescue or emergency medical service provider organization may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction.
(3) Emergency response and support response personnel of a responding participating political subdivision or fire, rescue or emergency medical service provider organization shall continue under the command and control of their responding subdivision or organization to include medical protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving the assistance.
(4) Assets and equipment of a responding participating political subdivision or fire, rescue or emergency medical service provider organization shall continue under the control of their responding subdivision or organization, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving the assistance.
75 Del. Laws, c. 182, §  1;