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Ex. DUT-DE-002 Standing duty Primary source read

20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability)

Delaware Code, Title 20, Chapter 31, Subchapter IV: Miscellaneous Provisions

Delaware General Assembly (codified statute) · Delaware (State)

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The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31, subch. IV (Miscellaneous Provisions)
Issued
2026-09-28 Sept. 28, 2026
Effective
in force throughout 2020 and 2021 (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally; every business
Character
order penalty
Collection
Standing duties: Delaware DUT-DE

Operative words

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.

Penalty

fine of $50 to $500 or imprisonment up to 6 months for each violation (§ 3125); enforcement by every State and local law-enforcement authority (§ 3122)

What it required

Every person had a legal duty to obey the Governor's emergency orders: § 3121(b) gives all orders, rules and regulations issued under the chapter 'the full force and effect of law,' § 3122 commands that State and local law-enforcement authorities 'shall enforce' them, and § 3125 makes each violation a criminal offense.

Retrieval note

§ 3121(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... 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.' § 3122: '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.' § 3129(a) (immunity) is confined to the State, its subdivisions and agencies, 'qualified medical personnel engaged in emergency or disaster relief operations' and persons 'performing work and/or furnishing material pursuant to a contract' with the State or a subdivision 'entered into as a result of the declaration by the Governor of an emergency order or entered into as a part of efforts to comply with this chapter,' and excludes intentional or 'wilful or wanton' conduct; it is not a liability shield for businesses generally. The file-name date is the retrieval date.