TITLE 20

Military and Civil Defense

Military

CHAPTER 1. DELAWARE NATIONAL GUARD

Subchapter I. General Provisions


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.;

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.;

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.;

(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.;

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.;

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.;

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.;

(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.;

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.;