CHAPTER 189

APPROPRIATION - DEPARTMENT OF CIVIL DEFENSE

AN ACT RELATING TO THE ESTABLISHMENT OF A DEPARTMENT OF CIVIL DEFENSE AND OTHER ORGANIZATIONS FOR CIVIL DEFENSE WITHIN THIS STATE; GRANTING CERTAIN EXECUTIVE POWERS WITH RESPECT THERETO AND FOR RELATED PURPOSES.

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 "Delaware Civil Defense Act of 1951."

Section 2. POLICY AND PURPOSE. (a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and in order to insure that preparations of this State will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of the State, it is hereby found and declared to be necessary: (1) to create a Department of Civil Defense, and to authorize the creation of local organizations for civil defense in the political subdivisions of the State; (2) to confer upon the Governor and upon the executive heads or governing bodies of the political subdivisions of the State the emergency powers provided herein; and (3) to provide for the rendering of mutual aid among the political subdivisions of the State, and with other States, and with the Federal Government with respect to the carrying out of civil defense functions; and (4) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this Act.

(b) It is further declared to be the purpose of this Act and the policy of the State that all civil defense functions of this State be coordinated to the maximum extent with the comparable functions of the Federal Government including its various departments and agencies, of other States and localities, and of private agencies of every type; to the end that the most effective preparation and use may be made of the Nation's manpower, resources, and facilities for dealing with any disaster that may Occur.

Section 3. DEFINITION. As used in this Act the term "Civil Defense" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other Federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, air raid warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

Section 4. STATE CIVIL DEFENSE AGENCY. (a) There is hereby created within the executive branch of the State Government a Department of Civil Defense with a Director of Civil Defense (hereinafter called the "Director") who shall be the head thereof. The Director shall be appointed by the Governor with the advice and consent of the Senate; he shall not hold any other State office; he shall hold office at the pleasure of the Governor and the Director shall be compensated at the rate of Six Thousand Dollars ($6,000.00) per annum.

(b) The Director may employ such technical, clerical, stenographic and other personnel, and may make such other expenditures within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this Act.

(c) The Director and other personnel of the Department of Civil Defense shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for personnel of other State agencies.

(d) The Director, subject to the direction and control of the Governor, shall be the executive head of the Department of Civil Defense and shall be responsible to the Governor for carrying out the program for civil defense of this State. He shall coordinate the activities of all organizations for civil defense within the State, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other States and of the Federal Government, and shall have such additional authority, duties and responsibilities authorized by this Act as may be prescribed by the Governor.

Section 5. CIVIL DEFENSE ADVISORY COUNCIL. There* is hereby created a Civil Defense Advisory Council (hereinafter called the "Council") which shall consist of the Governor and at least six (6) more suitable persons, not to exceed twenty-three (23), 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 the members shall be made without reference to political affiliations 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. The Council shall advise the Governor and Director on all matters and shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.

Section 6. CIVIL DEFENSE POWERS OF THE GOVERNOR. (a) The Governor shall have general direction and control of the Department of Civil Defense, and shall be responsible for the carrying out of the provisions of this Act, and in the event of a disaster or emergency beyond local control, may assume direct operational control over all or any part of the civil defense functions within this State.

(b) In performing his duties under this Act, the Governor is further authorized and empowered:

(1) To make, amend, and rescind the necessary orders, rules and regulations to carry out the provisions of this Act with due consideration of the plans of the Federal Government.

(2) To prepare a comprehensive plan and program for the civil defense of this State, such plan and program to be integrated into and coordinated with the civil defense plans of the Federal Government and of other States to the fullest possible extent, and to coordinate the preparation of plans and programs for civil defense by the political subdivisions of this State, such plans to be integrated into and coordinated with the civil defense plan and program of this State to the fullest possible extent.

(3) In accordance with such plan and program for the civil defense of this State, to ascertain the requirements of the State or the political subdivisions thereof for food or clothing or other necessities of life in the event of attack and to plan for and procure supplies, medicines, materials, and equipment, and to use and employ from time to time any of the property, services, and resources within the State, for the purposes set forth in this Act; to make surveys of the industries, resources, and facilities within the State as are necessary to carry out the purposes of this Act; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of civil defense organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need.

(4) To cooperate with the President and the heads of the Armed Forces, and the civil defense agency of the United States, and with the officers and agencies of other States in matters pertaining to the civil defense of the State and Nation and the incidents thereof; and in connection therewith, to take any measure which he may deem proper, to carry into effect any request of the President and the appropriate Federal officers and agencies, for any action looking to civil defense, including the direction or control of (a) black-outs and practice black-outs, air-raid drills, mobilization of civil defense forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, a prior and subsequent to drills or attack, (f) public meetings or gatherings; and (g) the evacuation and reception of the civilian population.

(5) To take such action and give such directions to State and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Act and with the orders, rules and regulations made pursuant thereto.

(6) To employ such measures and make such recommendations to the State or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this Act or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or otherwise.

(7) To utilize the services and facilities of existing officers, and agencies of the State and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.

(8) To delegate any authority vested in him under this Act, and to provide for the sub-delegation of any such authority.

(9) On behalf of this State to enter into reciprocal aid agreements or compacts with other States and the Federal Government, either on a State-wide basis or local political subdivision basis or with a neighboring State or province of a foreign country. Such mutual aid arrangements shall be limited to the furnishing or exchange of food, clothing, medicine, and other supplies, engineering services; emergency housing; police services; National or State Guards while under the control of the State; health, medical and related services; fire-fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel, and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel, and Similar items for mobile support units, fire-fighting, and police units and health units; and on such terms and conditions as are deemed necessary.

(10) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the State, similar to the mutual aid agreements with other States referred to above.

Section 7. MUTUAL-AID ARRANGEMENTS. The Director of each local organization for civil defense may develop or cause to be developed mutual-aid arrangements with other public and private agencies within this State for reciprocal civil defense aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the State civil defense plan and program, and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual-aid arrangements.

The Director of each local organization for civil defense may assist in negotiation of reciprocal mutual-aid arrangements between the Governor and the adjoining states or political subdivisions thereof, and shall carry out arrangements or any such agreement relating to the local and political subdivision.

Section 8. LOCAL ORGANIZATION FOR CIVIL DEFENSE. (a) Each political subdivision of this State is hereby authorized and directed to establish a local organization for civil defense in accordance with the State civil defense plan and program. (The term "political subdivision" shall be defined to mean each town or city and each county within the State.) The executive officer or governing body of the political subdivision is authorized to appoint a Director who shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such executive officer or governing body. Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this Act.

(b) Each political subdivision shall have the power and authority:

(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for civil defense purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster resulting from enemy attack; and to direct and coordinate the development of civil defense plans and programs in accordance with the policies and plans set by the Federal and State Department of Civil Defense;

(2) To appoint, employ, remove, or provide, with or without compensation, air-raid wardens, rescue teams, auxiliary fire and police personnel, and other civilian defense workers;

(3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency;

(4) Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available for duty, the employees, property, or equipment of the subdivision relating to fire-fighting, engineering, rescue, health, medical and related services, police, transportation, construction and similar items or services, for civil defense purposes and within or outside of the physical limits of the subdivision; and

(5) In the event of enemy attack, to waive procedures and formalities otherwise required by law pertaining to: the performance of public work, entering into contracts, the incurring of obligations, the employment of permanent and temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution with or without compensation of supplies, materials, and facilities, and the appropriation and expenditure of public funds.

Section 9. LOCAL SERVICES. (a) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in Section 8 hereof such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.

(b) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless, within sixty days after the same is sustained or incurred, an itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of such political subdivision where the equipment was used. The political subdivision which is aided pursuant to this section shall also pay and reimburse the political subdivision furnishing such aid for the compensation paid to employees furnished under this section during the time of the rendition of such aid and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term "employee" as used in this section shall mean, and the provisions of this section shall apply with equal effect to, paid, volunteer, auxiliary employees, and civil defense workers.

(c) The foregoing rights, privileges, and obligations shall also apply in the event such aid is rendered outside the State, provided that payment or reimbursement in such case shall or may be made by the State or political subdivision receiving such aid pursuant to a reciprocal mutual-aid agreement or compact with such State or by the Federal Government.

Section 10. MOBILE SUPPORT UNITS. (a) The Governor, or the Director at the request of the Governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce civil defense organizations in stricken areas and with due consideration of the plans of the Federal Government and of other States. He shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration, and operation of such unit. Mobile support units shall be called to duty upon orders of the Governor or the Director and shall perform their functions in any part of the State or, upon the conditions specified in this section, in other States.

(d) Personnel of mobile support units while on duty, whether within or without the State, shall: (1) if they are employees of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; (2) If they are employees of a political subdivision of the State, and whether serving within or without such political subdivision have the powers, rights, duties, privileges, and immunities and receive the compensation incidental to their employment; and (3) if they are not employees of the State or a political subdivision thereof, be entitled to compensation by the State at $6.00 per day, and to the same rights and immunities as are provided by law for the employees of this State. All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil defense activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses.

() The State shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of such political subdivisions while serving as members of a mobile support unit, and for all payments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such mobile support unit.

(a) Whenever a mobile support unit of another State shall render aid in this State pursuant to the orders of the Governor of its home state and upon the request of the Governor of this State, this State shall reimburse such other State for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of such mobile support unit while rendering such aid, and for all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid; Provided, that the laws of such other State contain provisions substantially similar to this section or that provisions to the foregoing effect are embodied in a reciprocal mutual-aid agreement or compact or that the Federal Government has authorized or agreed to make reimbursement for such mutual-aid as above provided.

(e) No personnel of mobile support units of this State shall be ordered by the Governor to operate in any other State unless the laws of such other State contain provisions substantially similar to this section or unless the reciprocal mutual-aid agreements or compacts include provisions providing for such reimbursement or unless such reimbursement will be made by the Federal Government by law or agreements.

Section 11. INVESTIGATIONS AND SURVEYS. For the purpose of making surveys and investigations and obtaining information, except the investigation of subversive activities that are the responsibility of the Federal Bureau of Investigation, the Governor may compel by subpoena the attendance of witnesses, and the production of books, papers, records, and documents of individuals, firms, associations, and corporations; and all officers, boards, commissions, and departments of the State, and the political subdivisions thereof, having information with respect thereto, shall cooperate with and assist him in making such investigations and surveys.

Section 12. TRAFFIC CONTROL. The Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the State and of the political subdivisions thereof concerned directly or indirectly with public highways and streets, in a manner which will best effectuate such plans.

Section 13. LEASE OR LOAN OF STATE PROPERTY; TRANSFER OF STATE PERSONNEL. Notwithstanding any inconsistent provision of law;

(a) Whenever the Governor deems it to be in the public interest, he may:

(1) Authorize any department or agency of the State to lease or lend, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the State, any real or personal property of the State government to the President, the heads of the Armed Forces, or to the civil defense agency of the United States.

(2) Enter into a contract on behalf of the State for the lease or loan to any political subdivision of the State on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the State, or any real or personal property of the State government, or the temporary transfer or employment of personnel of the State Government to or by any political subdivision of the State.

(b) The Chief Executive of each town or city and the Levy Court of each county may:

(1) Enter into such contract or lease with the State, or accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed;

(2) Do all things and perform any and all acts which he may deem necessary to effectuate the purpose for which such contract was entered into.

Section 14. ORDERS, RULES, AND REGULATIONS.

(a) The political subdivisions of the State (as herein defined) and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for civil defense purposes and to supplement the carrying out of the provisions of this Act, but not inconsistent with any orders, rules, or regulations promulgated by the Governor or by any State agency exercising a power delegated to do it by him.

(b) All orders, rules, and regulations promulgated by the Governor, or by any political subdivision or other agency authorized by this Act to make orders, rules, and regulations, shall have the full force and effect of the law, when, in the event of issuance by the Governor, or any State agency, a copy thereof is filed in the office of the Secretary of State, or, if promulgated by a political subdivision of the State or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All existing laws, ordinances, rules, and regulations inconsistent with the provisions of this Act, shall be suspended during the period of time and to the extent that such conflict exists.

(c) In order to attain uniformity so far as practicable throughout the country in measures taken to aid civil defense, all action taken under this Act 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, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.

Section 15. ENFORCEMENT. The law enforcing authorities of the State and of the political subdivisions thereof shall enforce the orders, rules and regulations issued pursuant to this Act.

Section 16. IMMUNITY. (a) Neither the State nor any political subdivision of the State, nor the agents or representatives of the State or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civilian defense worker, or member of any agency engaged in civilian defense activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under the workmen's compensation law or Section 9 hereof or any pension law or any Act of Congress.

(b) Neither the State nor any political subdivision of the State nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the State or any political subdivision thereof, nor any volunteer or auxiliary civilian defense worker or member of any agency engaged in any civilian defense activity, complying with or reasonably attempting to comply with this Act, or any order, rule, or regulation promulgated pursuant to the provisions of this Act, or pursuant to any ordinance relating to black-out or other precautionary measures enacted by any political subdivision of the State, shall be liable for the death or of injury to persons, or for damage to property, as a result of any such activity.

Section 17. AUTHORITY TO ACCEPT SERVICES,, GIFTS, GRANTS, AND LOANS. (a) Whenever the Federal Government or any agency or officer thereof shall offer to the State, or through the State to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of civil defense, the State, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its executive officer or governing body, may accept such offer and upon such acceptance the Governor of the State or executive officer or governing body of such political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the State or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

(b) Whenever any person, firm, or corporation shall offer to the State or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purpose of civil defense, the State, acting through the Governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer and upon such acceptance the Governor of the State or executive officer or governing body of such political subdivision, may authorize any officer of the State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the State or such political subdivision, and subject to the terms of the offer.

Section 18. POLITICAL ACTIVITY PROHIBITED. No organization for civil defense established under the authority of this Act shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.

Section 19. CIVIL DEFENSE PERSONNEL. No person shall be employed or associated in any capacity in any civil defense organization established under this Act who advocates a change by force or violence in the constitutional form of the Government of the United States or in this State or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for civil defense shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:

I ________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Delaware, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties about which I am about to enter.

"And I do further swear (or affirm) that I do not advocate, nor am I member of any political party or organization that advocates, the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the Department of Civil Defense I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence."

Section 20. PENALTIES. Any person violating any provision of this Act or any rule, order, or regulation made pursuant to this Act shall, upon conviction thereof, be punishable by a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment for not exceeding 120 days or both.

Section 21. LIBERALITY OF CONSTRUCTION. This Act shall be construed liberally in order to effectuate its purposes.

Section 22. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Section 23. APPROPRIATION. There is hereby appropriated to the Department of Civil Defense out of the funds of the State Treasury, not otherwise appropriated, the sum of One Hundred Twenty-two Thousand Five Hundred Dollars ($122,500.00), or so much thereof as may be necessary, Twelve Thousand Five Hundred Dollars ($12,500.00) of which sum may be expended by the Department prior to July 1, 1951, Fifty-five Thousand Dollars ($55,000.00) of which shall become available on the first day of July, 1951 and the balance of Fifty-five Thousand Dollars ($55,000.00) shall become available on July 1, 1952 for the fiscal year beginning July 1, 1952. All expenditures for said appropriations shall be made by the State Treasurer on the vouchers approved by the Director of the Department and by the Governor of the State for the purpose of enabling the said Department to undertake the duties set forth above.

Section 25. EFFECTIVE DATE. This Act shall take effect immediately upon its approval by the Governor.

Approved June 4, 1951.