State Government

Continuity of Government


Subchapter I. State Government

(a) For purposes of this subchapter:

(1) "Attack" means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.

(2) "Emergency event" means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. Threatens the life, health, or safety of the public.

b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.

c. Makes the continuation of normal government operations difficult or impossible.

(b) If the Governor determines that, due to the effects of an emergency event, or the anticipated effects of a threatened, perceived, or imminent emergency event, it is imprudent, inexpedient, or impossible to conduct the affairs of state government in Dover, the Governor shall, by proclamation, do all of the following:

(1) Declare an emergency temporary location of the seat of government.

(2) Take any action or issue any order as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location.

(c) The emergency temporary location remains as the seat of government until 1 of the following occurs:

(1) The General Assembly, by law, establishes a new location.

(2) The Governor, by proclamation, determines that the affairs of state government may be conducted in Dover and returns the seat of government to Dover.

29 Del. C. 1953, § 7701; 53 Del. Laws, c. 137; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 23.;

While the seat of government remains at the emergency temporary location established under § 7701(b) of this title, all official acts that are required by law to be performed in Dover by any officer, agency, department, or authority of this State, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, are as valid and binding when performed at such emergency temporary location as if performed in Dover.

29 Del. C. 1953, § 7702; 53 Del. Laws, c. 137; 81 Del. Laws, c. 449, § 24.;

Notwithstanding any other law to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.

29 Del. C. 1953, § 7703; 53 Del. Laws, c. 137; 81 Del. Laws, c. 449, § 25.;