CHAPTER 285 - STATE COUNCIL OF DEFENSE

AN ACT RELATING TO NATIONAL AND STATE DEFENSE, PROVIDING FOR THE ESTABLISHMENT OF A STATE COUNCIL OF DEFENSE AND OF LOCAL AND DISTRICT COUNCILS OF DEFENSE, AND PRESCRIBING THE POWERS AND DUTIES THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

Section 1. SHORT TITLE. This Act may be cited as the "State Council of Defense Act".

Section 2. ESTABLISHMENT OF STATE COUNCIL OF DEFENSE. The Governor is hereby authorized and empowered in time of emergency or public need in the Nation or the State to create by proclamation a State Council of Defense, hereinafter designated as the "Council", for the general purpose of assisting in the coordination of the State and local activities related to National and State defense. Whenever he deems it expedient, the Governor may, by proclamation, dissolve or suspend such Council or re-establish it after any such dissolution or suspension.

Section 3. ORGANIZATION OF COUNCIL. (a) The Council shall consist of the Governor and six or more suitable persons, not to exceed fifteen, appointed by and holding office during the pleasure of the Governor. The Governor shall serve as chairman of the Council. He shall designate one of the members of the Council as vice-chairman. Appointment of members shall be made without reference to political affiliation and with reference to their special knowledge of industry, agriculture, consumer protection, labor, education, health, welfare, or other subjects relating to National or State defense.

(b) The Council may employ an executive director and such technical, clerical, stenographic, and other personnel, and fix their compensation, and may make such expenditures within the appropriation therefor, or other funds made available to it, as are necessary to carry out the purposes of this Act.

(c) The members of the Council shall serve without compensation, but may be reimbursed for their actual and necessary travelling and other expenses incurred in connection with attendance upon meetings of the Council.

(d) The Council shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as other State agencies are supplied.

Section 4. POWERS AND DUTIES. The Council shall have the following powers and duties:

(a) To adopt, amend, and repeal rules, regulations, and bylaws governing its procedure and activities.

(b) To cooperate with the Advisory Commission to the Council of National Defense through its Division of State and Local Cooperation, or with any similar Federal agencies hereafter created, and with any departments or other Federal agencies engaged in defense activities.

(c) To cooperate with similar councils of defense in other States.

(d) To cooperate with local defense councils.

(e) To supervise and direct investigations, and report to the Governor with recommendations for legislation or other appropriate action as it may deem necessary, with respect to the following matters in so far as they are or may be related to defense:

(1) Industrial materials and facilities.

(2) Production and manufacturing 'facilities.

(3) Agriculture, food supply, and land use.

(4) Transportation facilities.

(5) Labor supply and training, labor relations, and human resources, professions, trades, and skills. -

(6) Consumers and consumer protection.

(7) Housing and related facilities.

(8) Health, hospitals, and sanitation facilities.

(9) Welfare.

(10) Educational facilities.

(11) Recreational areas and facilities.

(12) Finance.

(13) Civil liberties, including but without limitation, the protection thereof, maintenance of law and order, and measures to guard against sabotage and subversive activities.

(14) Civil defense, including police mobilization, coordination for fire protection, and disaster relief.

(15)Any other type of activity directly or indirectly related to defense.

(f) To create committees, either within or without its — membership, to aid it in the discharge of its powers and duties.

(g) To require and direct the cooperation and assistance of State and local governmental agencies and officials.

(h) To make full- investigation as to all questions directly or indirectly relating to the powers or duties vested in it by this Act, or by any other law.

(i) To subpoena witnesses and require their testimony to compel the production of account books and files and all documents relative to any investigation or matter which may be under consideration by it.

(j) To do all acts and things, not inconsistent with law, for the furtherance of defense activities.

Section 5. UTILIZATION OF EXISTING SERVICES AND FACILITIES. In order to avoid duplication of services and facilities the Council and the local and district councils of defense established under the authority of this Act are

(a) directed to utilize the services and facilities of existing officers, offices, departments, commissions, boards, bureaus, institutions and other agencies of the State and of the political subdivisions thereof, and

(b) all such officers and agencies shall cooperate with and extend their services and facilities to the Council and to the local and district councils of defense as they shall request.

Section 6. LOCAL COUNCILS OF DEFENSE. If deemed expedient the Council may authorize any political subdivision of the State to establish a local council of defense by the proclamation of the executive officer or governing body thereof. Local councils of defense, if and when established, shall cooperate with and assist the Council, and shall perform such services as may be requested by it. Local councils may act jointly with other such councils. Insofar as applicable, local councils shall have the same power and duties within their respective jurisdictions as are vested in the Council. Such local councils shall terminate or cease activity whenever the Council is dissolved or suspended.

Section 7. DISTRICT COUNCILS OF DEFENSE. In cooperation with local officials the Council is authorized to establish district councils of defense in critical areas of the State of especial importance in defense activities. Such district councils shall act as coordinating agencies under the supervision and direction of the Council, and in cooperation with local governmental agencies.

Section 8. AUTHORIZATION FOR APPROPRIATION. There is hereby authorized to be appropriated out of any money in the State Treasury not otherwise appropriated such sums annually as shall be necessary for the Council to carry out the purposes of this Act.

Section 9. PENALTIES. Any resident of this State who shall refuse to obey or shall fail to comply with any order of the said Council relating to any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than three hundred dollars, or imprisoned not exceeding three months, or both, at the discretion of the Court, provided that all prosecutions under the provisions of this Act shall be in the nature of an appeal, in which any matters which could have been urged by the Defendant against the issuance of said order by the State Council of Defense may be used as a defense in said prosecution, the right of a waiver of hearing and to bail being preserved in all cases, and all such prosecutions shall be handled expeditiously by the prosecuting officers and the Court.

Section 10. SEPARABILITY OF PROVISIONS. If any provision of this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

Approved February 26, 1941.