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Delaware Laws | Title 20 Military and Civil Defense
Sec. 3210. Development of guidelines and procedures.

(75 Del. Laws, c. 182, Sec. 1.) (1383)

Sec. 3211. Workers' compensation. (1384)(Text)

Personnel of a participating political subdivision or fire, rescue or emergency medical service organization responding to or rendering assistance for a request who sustain injury or death in the course of, and arising out of, their employment are entitled to all applicable benefits normally available to personnel while performing their duties for their employer. Responders shall receive any additional state and federal benefits that may be available to them for line of duty deaths. This subsection shall not limit the remedies or causes of action normally available to such individuals while performing their duties for their employer. (1385)

(75 Del. Laws, c. 182, Sec. 1.) (1386)

Sec. 3212. Immunity. (1387)(Text)

All activities performed under this chapter are deemed hereby to be governmental functions. For the purposes of liability, all employees or personnel of a political subdivision or fire, rescue, or emergency medical service organization responding under the operational control of the requesting political subdivision are deemed to be employees of the requesting political subdivision. Neither the participating political subdivisions, or fire, rescue or emergency medical service provider organizations nor their employees or personnel shall be liable for the death of or injury to person, or for damage to property when providing assistance during a locally-declared emergency pursuant to this chapter unless such death, injury or damage was intentional or caused by the wilful or wanton disregard of the rights of others, or by gross negligence. (1388)

(75 Del. Laws, c. 182, Sec. 1.) (1389)

Sec. 3213. Severability. (1390)(Text)

Should a court of competent jurisdiction rule any portion, section or subsection of this chapter invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. (1391)

(75 Del. Laws, c. 182, Sec. 1.) (1392)

Military and Civil Defense Civil Defense (1393)


Sec. 3301. Ratification and text. (1395)(Text)

The General Assembly of this State ratifies a compact on behalf of the State with any other state legally joining therein in the form substantially as follows: (1396)

The contracting states solemnly agree: (1397)

Article I. The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire and atomic, radiological, chemical, bacteriological means and other weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the states that are parties hereto. The directors of civil defense of all party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact. (1398)

Article II. It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including: (1399)

(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services; (1400)

(b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises; (1401)

(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (1402)

(d) The effective screening or extinguishing of all lights and lighting devices and appliances; (1403)

(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (1404)

(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state; and (1405)

(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks. (1406)

Article III. Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance. (1407)

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