CHAPTER 558

FORMERLY HOUSE BILL NO.

801 AS AMENDED BY HOUSE AMENDMENT

NO. 1

AN ACT TO AMEND CHAPTER 82, TITLE 29, AND CHAPTERS 31 AND 33, TITLE 20, OF THE DELAWARE CODE, RELATING TO THE DIVISION OF CIVIL DEFENSE AND THE COUNCIL ON CIVIL DEFENSE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 8208, Chapter 82, Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 8208 which shall read as follows:

§ 8208. Division of emergency planning and operations

(a) The Division of Emergency Planning and Operations is hereby established and shall be responsible for the performance of all the powers, duties, and functions heretofor vested in the Division of Civil Defense, and its predecessor, the Department of Civil Defense, pursuant to the provisions of Chapters 31 and 33 of Title 20.

Section 2. Amend Section 8209, Chapter 82, Title 29, Delaware Code, by striking the catch line and subsections (a), (b), and (c) thereof and substituting the following:

§ 8209. Council on emergency planning and operations

(a) The Council is hereby established.

(b) The Council on Emergency Planning and Operations shall serve in an advisory capacity to the Director of the Division of Emergency Planning and Operations and shall consider matters relating to preparation for and carrying out 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, or by fire, flood or other causes upon the Governor's declaration that an emergency exists and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of the Division of Emergency Planning and Operations. The Council may also study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Emergency who and Operations shall be composed of seven members who shall be appointed for terms of three years by the Governor; provided, however, the present members of the Council on Civil Defense shall continue to serve as members of the Council on Emergency Planning and Operations until the expiration of their original terms.

Section 3. Amend Chapter 31, Subchapter II, Title 20, Delaware Code, by striking Section 3101 (a) (1) in its entirety and substituting in lieu thereof the following:

"(1) Create a Division of Emergency Planning and Operations and authorize the creation of local organizations for emergency planning and operations in the political subdivisions of this State;"

Section 4. Amend Section 3102, Subchapter II, Chapter 31, Title 20, Delaware Code, by substituting for the phrase "Civil Defense", wherever it appears in that section, the phrase "Emergency Planning and Operations"; and by adding the following proviso at the end of said section:

Notwithstanding the substitution of the phrase 'Emergency Planning and Operations' for the phrase 'Civil Defense', the powers of the Division of Emergency Planning and Operations shall not in any way be restricted by reason of its new designation and the term 'Civil Defense' may be used interchangeably with the term `Emergency Planning and Operations' wherever it may appear in the Delaware Code.

Section 5. Amend Section 3103, Subchapter 11, Chapter 31, Title 20, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

§ 3103. State Emergency Planning and Operations Agency; Division of Emergency Planning and Operations; Director of Emergency Planning and Operations

(a) The Division of Emergency Planning and Operations of the Department of Public Safety, within the Executive Branch of the State Government, is continued in lieu of the Division of Civil Defense, and it shall be headed by a Director of Emergency Planning and Operations hereinafter referred to as the "Director". The Director shall be appointed by the Secretary of Public Safety with the written approval of the Governor; he shall not hold any other State office; he may be removed from office by the Secretary with the written approval of the Governor.

(b) The Director with the approval of the Secretary of Public Safety 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 emergency planning and operations, as may be necessary to carry out the purposes of this chapter.

(c) The Director and other personnel of the Division of Emergency Planning and Operations 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 Division of Emergency Planning and Operations and shall be responsible to the Secretary of Public Safety for carrying out the program for emergency planning and operations of this State. He shall coordinate the activities of all organizations for civil defense within this 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 chapter as may be prescribed by the Secretary of Public Safety.

Section 6. Amend Section 3105 (a), Subchapter II, Chapter 31, Title 20, Delaware Code, by substituting the phrase "Division of Emergency Planning and Operations" for the phrase "Division

of Civil Defense", as the same appears in the second line of said subsection.

Section 7. Amend Section 3107 (b) (3), Subchapter II, Chapter 31, Title 20, Delaware Code, by substituting the phrase "State Division of Emergency Planning and Operations" for the phrase "State Division of Civil Defense", as the same appears in the third line of said subsection.

Section 8. Amend Section 3118, Subchapter II, Chapter 31, Title 20, Delaware Code, by substituting the phrase "Division of Emergency Planning and Operations" for the phrase "Division of Civil Defense", as the same appears in the fifth line of the fourth paragraph of said section.

Approved July 21, 1972.