A Department of Safety and Homeland Security is established.

29 Del. C. 1953, §  8201;  57 Del. Laws, c. 382, §  1;  74 Del. Laws, c. 110, §  138; 

(a) The administrator and head of the Department shall be the Secretary of the Department of Safety and Homeland Security, who shall be a person qualified by training and experience to perform the duties of the office and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor and shall receive a salary to be determined by the Governor and specified in the Annual Operating Budget. The Secretary of the Department of Safety and Homeland Security shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as the Secretary retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office. The Secretary of the Department of Safety and Homeland Security shall have the power to appoint directors of divisions within the Department upon the written approval of the Governor. The division directors shall have the powers, duties and functions in the administration of their respective divisions as authorized by the Secretary.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or permanent removal of the Secretary and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Secretary, including but not limited to, the Deputy Secretary of the Department or a director of any division within the Department. The Secretary may, during any temporary absence from the State, appoint the Deputy Secretary or the director of any division within the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity, or until a successor duly qualified is appointed.

29 Del. C. 1953, §  8202;  57 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  4;  74 Del. Laws, c. 110, §  138;  76 Del. Laws, c. 391, §§  3-6; 

(a) The administrator and head of the Department is the Secretary of the Department of Safety and Homeland Security (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.

(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary is to receive an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(4) The Secretary may appoint directors of divisions within the Department on the written approval of the Governor. The division directors have the powers, duties, and functions in the administration of their respective divisions as authorized by the Secretary.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or permanent removal of the Secretary and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Secretary, including but not limited to, the Deputy Secretary of the Department or a director of any division within the Department. The Secretary may, during any temporary absence from the State, appoint the Deputy Secretary or the director of any division within the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity, or until a successor duly qualified is appointed.

29 Del. C. 1953, §  8202;  57 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  4;  74 Del. Laws, c. 110, §  138;  76 Del. Laws, c. 391, §§  3-6;  84 Del. Laws, c. 455, § 8; 

The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) Appoint, and fix the salary of, with the written approval of the Governor, the following division directors who may be removed from office by the Secretary with the written approval of the Governor and who have such powers, duties, and functions in the administration and operation of the Department as may be assigned by the Secretary:

a. A Secretary of the Division of State Police who shall be known as the Superintendent of State Police and shall hold the rank of Colonel. The Superintendent of State Police shall be qualified by training and experience to perform the duties of the office. The Superintendent of State Police shall be chosen from among the ranks of the State Police and shall have been promoted through the normal promotional policies of the State Police;

b. A director of the Delaware Emergency Management Agency who shall be known as the “Director of the Delaware Emergency Management Agency”, and who shall be qualified by training and experience to perform the duties of the office;

c. A Director of the Division of Alcohol and Tobacco Enforcement who shall be known as the Director of Alcohol and Tobacco Enforcement, and who shall be qualified by training and experience to perform the duties of the office;

d. A director of the Division of Capitol Police who shall be known as the Chief of Capitol Police. The Chief of Capitol Police shall be qualified by training and experience to perform the duties of the office. The Chief of Capitol Police shall be chosen from among the ranks of the Capitol Police and through the normal promotional policies of the Capitol Police;

e. A director of the Division of Communications who shall be known as the “Director of the Division of Communications,” and who shall be qualified by training and experience to perform the duties of the office;

f. A director of the Office of Highway Safety who is known as the “Director of the Office of Highway Safety,” and who is qualified by training and experience to perform the duties of the office;

g. A director of the State Council for Persons with Disabilities, who shall be known as the “Director of the State Council for Persons with Disabilities,” which position shall remain a merit position, and who shall be qualified by training and experience to perform the duties of the office;

h. A director of the Division of Gaming Enforcement who shall be known as the “Director of the Division of Gaming Enforcement” and who shall be qualified by training and experience to perform the duties of the office; and

i. A director of the Division of Forensic Science who shall be known as the “Director of the Division of Forensic Science” and who shall be qualified by training, experience, education, or ability in the areas of administration and forensic science to perform the duties of Director.

(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law, including, but not limited to members of the Secretary’s executive staff:

a. A Deputy Secretary;

b. A Chief of Administration;

c. A Chief Information Officer;

d. A Homeland Security Advisor;

e. A Policy Advisor;

f. A Public Relations Officer.

(4) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(5) Make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(6) Delegate any of the Secretary’s powers, duties or functions to a person appointed as that Secretary’s Deputy Secretary or a director of a division except the power to remove employees of the Department or to fix their compensation;

(7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(9) Adopt an official seal or seals for the Department;

(10) [Repealed.]

29 Del. C. 1953, §  8203;  57 Del. Laws, c. 382, §  1;  58 Del. Laws, c. 461, §  5;  66 Del. Laws, c. 108, §  1;  69 Del. Laws, c. 46, §  1;  69 Del. Laws, c. 314, §  4;  69 Del. Laws, c. 437, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  26;  74 Del. Laws, c. 110, §§  125, 126;  74 Del. Laws, c. 250, §  1;  75 Del. Laws, c. 88, §  16(5);  75 Del. Laws, c. 322, §§  1, 2;  76 Del. Laws, c. 391, §§  7-10;  77 Del. Laws, c. 219, §  24;  79 Del. Laws, c. 265, §  6;  79 Del. Laws, c. 290, §  255;  82 Del. Laws, c. 25, § 1; 

The Division of Alcohol and Tobacco Enforcement is established having powers, duties and functions as set forth in Chapter 4 of Title 4 and the youth access to tobacco laws in §§ 1115 through 1127 of Title 11.

63 Del. Laws, c. 195, §  2C;  69 Del. Laws, c. 314, §  5;  72 Del. Laws, c. 486, §  22;  74 Del. Laws, c. 250, §  1; 

(a) There is established the Police Officer Standards and Training Commission.

(b) The Police Officer Standards and Training Commission shall consider matters relating to police training, accreditation of police departments, possible suspension or decertification of police officer certifications, and such other matters as may be referred to it by the Governor or the Secretary of the Department.

(c) The Police Officer Standards and Training Commission shall be appointed as is provided in Chapter 84 of Title 11.

29 Del. C. 1953, §  8205;  57 Del. Laws, c. 382, §  1;  66 Del. Laws, c. 108, §  4;  84 Del. Laws, c. 149, § 3; 

(a) The Division of State Police is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The State Highway Department, the State Highway Commission, the State Police and the Superintendent of the State Police, pursuant to subchapter I of Chapter 83 of Title 11;

(2) The State Highway Department, the State Highway Commission, the State Police, the Superintendent of the State Police and the State Bureau of Identification, pursuant to Chapter 85 of Title 11.

(b) Notwithstanding any law to the contrary, the Office of Narcotics and Dangerous Drugs shall be transferred to the Delaware State Police as part of the division’s criminal investigations unit and shall be renamed the “Delaware State Police Drug Diversion Unit.”

29 Del. C. 1953, §  8206;  57 Del. Laws, c. 382, §  1;  78 Del. Laws, c. 155, §§  1, 2; 

Repealed by 74 Del. Laws, c. 110, § 127, effective July 1, 2003.

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

(b) Notwithstanding any other provisions of Chapter 69 of this title to the contrary, the Delaware Emergency Management Agency is authorized to utilize the United States Department of Defense, Defense Logistics Agency, Defense Supply Center Philadelphia, First/Emergency Responder Equipment Purchase Program or such other similar program for the procurement of material from the Authorized Equipment List of the U.S. Department of Homeland Security’s State Homeland Security Grant Program or such other similar program with funds that may be provided by the U.S Department of Homeland Security, Office for Domestic Preparedness, to the extent that such purchase is authorized by federal laws and/or regulations.

29 Del. C. 1953, §  8208;  57 Del. Laws, c. 382, §  1;  58 Del. Laws, c. 558, §  1;  69 Del. Laws, c. 78, §  5;  76 Del. Laws, c. 280, §  284; 

Repealed by 77 Del. Laws, c. 106, § 10, effective July 6, 2009.

(a) There is hereby established a State Council for Persons with Disabilities.

(b) This Council shall have the following duties and responsibilities:

(1) Promote coordination among all state programs, services and plans established for or related to persons with disabilities.

(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning persons with disabilities which are conducted or assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.

(3) Make recommendations to the Governor, the General Assembly and all state departments and agencies respecting ways to improve the administration of services for persons with disabilities and for facilitating the implementation of new or expanded programs.

(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all state legislative proposals affecting people with disabilities.

(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting state programs and persons with disabilities.

(6) Propose and promote legislation, regulations and policies to improve the well-being of persons with disabilities.

(7) Obtain, evaluate, and disseminate, as appropriate, information and data regarding:

a. The current numbers of persons with disabilities and their needs;

b. The location, provision and availability of services and programs for persons with disabilities;

c. Any other relevant information and data about persons with disabilities which the council deems appropriate.

(8) Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for persons with disabilities.

(9) Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94 of Title 16.

(10) Serve as the primary brain injury council for the State. In furtherance of this role, the Council shall:

a. Fulfill the duties and responsibilities set forth in paragraphs (b)(1) through (8) of this section with respect to persons with brain injuries;

b. Fulfill Council duties and responsibilities identified in the Concussion Protection in Youth Athletic Activities Act, codified at Chapter 30L of Title 16; and

c. Maintain a standing brain injury committee to facilitate prevention and centralized interdisciplinary planning, assessment, and an approved service delivery system for individuals with brain injury composed of the following members, or designees of such members:

1. Director of the Division of Public Health;

2. Director of the Division of Developmental Disabilities Services;

3. Director of the Division of Substance Abuse and Mental Health;

4. Director of the Division of Services for Aging and Adults with Physical Disabilities;

5. Director of the Division of Prevention and Behavioral Health Services;

6. Director of Division of Vocational Rehabilitation;

7. Exceptional Children Director of Department of Education;

8. Chair of Governor’s Advisory Council for Exceptional Citizens;

9. Chair of Developmental Disabilities Council;

10. Minimum of 3 survivors of brain injury or family members of such individuals; and

11. Representatives of prevention, planning, veterans and service delivery organizations appointed by the Council, including a representative of the state chapter of the Brain Injury Association of America and a representative of the “protection and advocacy agency” defined in § 1102 of Title 16.

(11) Serve as administrative agency for the Employment First Oversight Commission as established in § 745 of Title 19.

(c) For administrative purposes, this Council is placed within the Department of Safety and Homeland Security.

(d) This Council shall consist of the following members:

(1) The Secretary of Health and Social Services, or a designee of the Secretary;

(2) The Secretary of Labor, or a designee of the Secretary;

(3) The Secretary of Education, or a designee of the Secretary;

(4) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;

(5) The Secretary of Transportation, or a designee of the Secretary.

(6) The following councils, committees, agencies, and organizations shall designate a representative to serve as a member of the Council:

a. Governor’s Advisory Council for Exceptional Citizens.

b. Developmental Disabilities Council.

c. Delaware protection and advocacy agency as defined in § 1102 of Title 16.

d. Division of Developmental Disabilities Services.

e. Division of Substance Abuse and Mental Health.

f. Division for the Visually Impaired.

g. Architectural Accessibility Board.

h. Delaware Transit Corporation.

i. Division of Services for Aging and Adults with Physical Disabilities.

j. Division of Public Health.

k. Delaware Office for the Deaf and Hard of Hearing.

l. Delaware Statewide Americans with Disabilities Act Coordinator.

m. State Rehabilitation Advisory Council for the Division of Vocational Rehabilitation.

n. Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization.

(7) Individuals appointed by Council to ensure that at least 50% of the total membership are individuals with disabilities or family members of individuals with disabilities. At least 33% of the total membership shall be composed of individuals with disabilities.

(e) Any vacancy of a representative position under paragraphs (d)(1)-(5) of this section shall be filled by the respective council, committee, agency or organization within 1 month.

(f) Any member who misses either 3 consecutive meetings or 4 out of any 12 consecutive meetings shall be presumed to have resigned from the Council.

(g) Members of the Council shall serve without compensation, except that they may be reimbursed by the Department of Safety and Homeland Security for reasonable and necessary expenses incident to their duties as members of the Council to the extent funds are available therefore and in accordance with state law.

(h) The Council shall elect its own Chairperson.

(i) The Council shall determine its meeting schedule, but there shall not be less than 4 meetings each calendar year, open to the public, held in an accessible place and with reasonable accommodations as requested.

(j) A simple majority of the total membership shall constitute a quorum which shall be necessary to vote on any issue.

(k) As used in this section, “persons with disabilities” means a person who has a physical or mental impairment that substantially limits 1 or more major life activities, a person who has a history or record of such an impairment, or a person who is regarded by others as having such an impairment.

(l) [Repealed.]

76 Del. Laws, c. 391, §  11;  78 Del. Laws, c. 60, §  1;  78 Del. Laws, c. 331, §  2;  80 Del. Laws, c. 409, §  2;  82 Del. Laws, c. 271, §  1;  83 Del. Laws, c. 455, § 4;  83 Del. Laws, c. 513, § 1; 

Repealed by 74 Del. Laws, c. 110, §§ 128, 129, effective July 1, 2003.

Repealed by 77 Del. Laws, c. 106, § 11, effective July 6, 2009.

(a) The Governor’s Council on Public Safety [repealed] shall have access to all books, records, reports and other documents relating to the Department of Safety and Homeland Security unless otherwise prohibited by law.

(b) The various councils of the divisions of the Department of Safety and Homeland Security shall have access to all books, records, reports and other documents relating to their respective divisions unless otherwise prohibited by law.

(c) The Chairperson of the Governor’s Council on Public Safety [repealed] and chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly, and render such reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, §  8213;  57 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138; 

The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:

(1) Secretary of Public Safety;

(2) Superintendent of State Police;

(3) Director of Civil Defense;

(4) Director of Alcohol and Tobacco Enforcement;

(5) Director of the Division of Forensic Science; and

(6) Chief Medical Examiner.

29 Del. C. 1953, §  8214;  57 Del. Laws, c. 382, §  1;  57 Del. Laws, c. 670, §  28C;  66 Del. Laws, c. 108, §  3;  69 Del. Laws, c. 314, §  6;  72 Del. Laws, c. 486, §  27;  74 Del. Laws, c. 110, §§  130, 131;  74 Del. Laws, c. 250, §  1;  79 Del. Laws, c. 265, §  7; 

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the State Police Division of the State Highway Department, the Superintendent of the State Police, the State Communications Division, the State Bureau of Identification, the Motor Vehicle Division of the State Highway Department, the Motor Vehicle Commissioner, the Delaware Police Training Commission, the Department of Civil Defense and the Board of Boiler Rules immediately prior to the effective date of this chapter and which are not otherwise hereinabove specifically transferred to the Department by the chapter.

29 Del. C. 1953, §  8215;  57 Del. Laws, c. 382, §  1; 

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any functions hereby transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

29 Del. C. 1953, §  8216;  57 Del. Laws, c. 382, §  1; 

(a) The Department shall succeed to the custody and control of all moneys and personal property held by the State Police Division of the State Highway Department, the Superintendent of the State Police, the Motor Vehicle Division of the State Highway Department and the Motor Vehicle Commissioner belonging to persons under their jurisdiction.

(b) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring and relating to the Department of Safety and Homeland Security as created and established herein.

(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created herein.

29 Del. C. 1953, §  8217;  57 Del. Laws, c. 382, §  1;  74 Del. Laws, c. 110, §  138; 

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, §  8218;  57 Del. Laws, c. 382, §  1; 

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

29 Del. C. 1953, §  8219;  57 Del. Laws, c. 382, §  1; 

(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Special funds may be used in accordance with approved programs, grants and appropriations.

29 Del. C. 1953, §  8220;  57 Del. Laws, c. 382, §  1; 

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.

29 Del. C. 1953, §  8222;  57 Del. Laws, c. 670, §  27; 

Sections 8223-8230 of this title shall be known and may be cited as the “Hazardous Materials Transportation Act of 1979.”

62 Del. Laws, c. 123, §  1;  68 Del. Laws, c. 290, §  188; 

(a) The purpose of this Act and the primary standard by which it shall be administered, is to so regulate the transportation of hazardous materials, and assure compliance with the Code of Federal Regulations herein adopted, that there is established and maintained a reasonable balance between the interests of the people in the safety of themselves and their property, on the one hand, and the interest of the people in their employment and economic prosperity, on the other.

(b) It is hereby found as a fact that hazardous materials are essential for various industrial, commercial and other purposes, that their transportation is a necessary incident of their use and therefore that such transportation is required for the employment and economic prosperity of the people. It is also found as a fact that the transportation of hazardous materials may involve risk of injury to persons and damage to property, and that the degree of such risk can and should be kept at a minimum consistent with technical feasibility and economic reasonableness.

62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  1;  68 Del. Laws, c. 290, §  188; 

(a) The following words and phrases shall have the following meaning ascribed to them, unless their context implies otherwise:

(1) “Act” means the Hazardous Materials Transportation Act of 1979.

(2) “Commission” means the State Emergency Response Commission as established by § 8226 of this title.

(3) “Hazardous material” means any substance or material designated a hazardous material pursuant to the federal “Hazardous Materials Transportation Act” (P.L. 93-633; 49 U.S.C. § 1801 et seq. [repealed]).

(4) “Operator of vehicle” means any person having control of any means of transportation herein regulated.

(5) “Person” means any natural person or individual, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, estate or any other legal entity, or their legal representative, agent or assigns.

(6) “Transportation” means any movement of property by any mode, and any loading, unloading or storage incidental thereto.

(b) [Repealed.]

62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  2;  68 Del. Laws, c. 290, §  188;  71 Del. Laws, c. 208, §  2;  71 Del. Laws, c. 461, §  1;  78 Del. Laws, c. 383, §  1; 

(a) The State hereby adopts the following parts of the Code of Federal Regulations (hereinafter sometimes referred to as C.F.R.), being Title 49, Part 107, Subpart F and G, Subchapter C of Chapter I, Parts 171 through 180 and Parts 393 and 397 of Subchapter B, Chapter III, unless otherwise stated in this section, being lawfully promulgated pursuant to the federal “Hazardous Materials Transportation Act” (P. L. 93-633; 49 U.S.C. § 1801 et seq. (repealed) )

(b) Exceptions. — (1) For other than a Class 2 material, the transportation of an agricultural product over roadways as defined in § 101(66) of Title 21 between fields of the same farm is excepted from the requirements of Title 49, Chapter 1, Subchapter C of the Code of Federal Regulations. Transportation of the hazardous material is subject to the following conditions:

a. It is transported by a farmer who is an intrastate private motor carrier; and

b. The movement of the agricultural product conforms to requirements of the State in which it is transported and is specifically authorized by a state statute or regulation in effect before October 1, 1998.

(2) A Class 2 material transported over roadways as defined in § 101(66) of Title 21 between the fields of the same farm is excepted from subparts G and H of part 172, 49 C.F.R., Chapter 1, Subchapter C., subject to the following conditions:

a. It is transported by a farmer who is an intrastate private motor carrier; and

b. The movement of the agricultural product conforms to requirements of the State in which it is transported and is specifically authorized by a state statute or regulation in effect before October 1, 1998.

(3) The transportation of an agricultural product to or from a farm, within 40 miles of a farm, is excepted from the requirements in subparts G and H of part 172, 49 C.F.R. Chapter 1, Subchapter C and from its specific packaging requirements when;

a. It is transported by a farmer who is an intrastate private motor carrier;

b. The total amount of agricultural product being transported on a single motor vehicle does not exceed:

1. 16,094 pounds of ammonium nitrate fertilizer, properly classed as Division 5.1, PG HL, in a bulk packaging (aggregate gross weight) or less; or

2. 502 gallons for liquids or gases, or 5,070 for solids, of any other agricultural product;

c. The movement and packaging of the agricultural product conform to the requirements of the State in which it is transported and are specifically authorized by a state statute or regulations in effect before October 1, 1998; and,

d. Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of Title 49, Chapter 1, Subchapter C of the Code of Federal Regulations.

(4) Formulated liquid agricultural products in specification packaging of 58 gallons capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or loading aboard an aircraft for aerial application.

(c) Any person engaged in the transportation or shipment of hazardous materials, either in interstate or intrastate commerce, in the State shall comply with these adopted federal regulations and any federal regulations subsequently adopted by the Commission.

62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §§  3, 4;  68 Del. Laws, c. 45, §  1;  68 Del. Laws, c. 290, §  188;  78 Del. Laws, c. 383, §  1;  80 Del. Laws, c. 136, §  1;  80 Del. Laws, c. 168, §  1;  82 Del. Laws, c. 93, § 1;  83 Del. Laws, c. 505, § 1;  84 Del. Laws, c. 332, § 1; 

(a) A State Emergency Response Commission (SERC) is hereby established in compliance with Title III of the Federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) (42 U.S.C. § 11001 et seq.), and all appointed commissioners shall serve at the pleasure of the appointing authority and, shall consist of the following:

(1) The Secretary of the Department of Safety and Homeland Security, who shall serve as Chair;

(2) The Superintendent of the Delaware State Police, or a designee appointed by the Superintendent;

(3) The Secretary of the Department of Transportation, or a designee appointed by the Secretary;

(4) The Director of the Division of Waste and Hazardous Substances, or a designee appointed by the Secretary of the Department of Natural Resources and Environmental Control;

(5) The Delaware State Fire Marshal, or a designee appointed by the State Fire Marshal;

(6) The Director of the Delaware Emergency Management Agency, or a designee appointed by the Secretary of the Department of Safety and Homeland Security;

(7) The Director of the Division of Public Health, or a designee appointed by the Secretary of the Department of Health and Social Services;

(8) The Chairs of the SERC established Local Emergency Planning Committees (LEPC) which shall include the City of Wilmington LEPC, New Castle County LEPC, Kent County LEPC, and Sussex County LEPC, or an LEPC member appointed by the Chair;

(9) The Chair of the State Fire Prevention Commission, or a State Fire Prevention Commission member, appointed by the Chair;

(10) Seven commissioners who shall include representatives of air, water, rail and highway transportation, and 3 representatives with experience or knowledge in the area of hazardous materials to be appointed by the Governor for a term of 2 years;

(11) The Director of the Delaware State Fire School, or a designee appointed by the Director; and,

(12) The President of the Delaware State Firefighter’s Association, or a designee appointed by the President, who shall serve a term of 2 years.

(b) The Chair shall have no vote except in the case of a tie. The SERC shall meet no less than once each year and at such other times and places as may be designated by the Chair or a majority of the SERC commissioners. The Chair shall cause reasonable notice to be given to each Commission member as to the time and place of each meeting. Eleven Commission members shall constitute a quorum for the transaction of business at any meeting. Members of the Commission shall receive no compensation for the meeting.

(c) After the enactment of this section, the SERC may adopt any subsequent federal regulations lawfully promulgated under the parts of the Code of Federal Regulations herein adopted.

(d) The SERC shall submit an annual report to the Governor and the Delaware General Assembly.

(e) The SERC shall assign the state departments and divisions represented on the Commission, the duty of coordinating and assisting in the enforcement of this section. Such assignments shall be affirmed by a majority vote of the SERC commissioners. The SERC may also enlist the support of any other person which it deems necessary to assist in carrying out its functions and duties.

(f) The SERC has authority to promulgate rules and regulations to carry out the purposes of this section. The SERC Chair may appoint subcommittees to address specific issues and provide subject matter expertise in the promulgation of its rules and regulations and the development of standards and programs to ensure continued compliance with this section and the Code of Federal Regulations adopted therein by all affected agencies.

(g) The SERC may adopt or amend its bylaws. Bylaws shall only be adopted or amended with a 3/4 majority vote by SERC Commissioners.

62 Del. Laws, c. 123, §  1;  62 Del. Laws, c. 304, §  1;  64 Del. Laws, c. 28, §§  5-8;  64 Del. Laws, c. 126, §§  1, 2;  65 Del. Laws, c. 431, §  8;  67 Del. Laws, c. 207, §  1;  68 Del. Laws, c. 290, §  188;  69 Del. Laws, c. 78, §  5;  69 Del. Laws, c. 204, §§  1, 2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 208, §§  3, 4;  74 Del. Laws, c. 110, §  138;  77 Del. Laws, c. 430, §  71;  78 Del. Laws, c. 127, §  10;  78 Del. Laws, c. 312, §  1; 

(a) The Attorney General, upon request of the Commission or upon the Attorney General’s own motion, may proceed in the name of the State, by injunction, mandamus, quo warrants or other appropriate remedy at law or in equity, to restrain violations of the Commission’s regulations or orders or to enforce obedience thereto.

(b) The State Police, the State Fire Marshal and such other persons or agencies as the Commission by duly adopted resolution shall designate shall have the power to seize, retain, confiscate and impound all evidence, including motor vehicles, used in violation of this Act, and to otherwise enforce this Act.

62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  9;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 186, §  1; 

(a) (1) Any person who, as operator of a vehicle, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted under this Act and/or any regulations of the Commission pertaining to routing, parking or other act in the actual operation of a vehicle, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than $25 nor more than $100, or imprisonment for not more than 30 days, or both. Any such person committing a second or subsequent offense and the conviction thereof shall be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for not less than 60 days nor more than 1 year, or both.

(2) A person arrested without a warrant for a violation of this Act or any regulation thereunder shall have the person’s case heard and determined by the nearest available justice of the peace, notwithstanding the fact that the court of said justice of the peace is situated in a county other than that in which the violation is alleged to have occurred. It shall be a sufficient defense for such person to show by 1 competent witness that there was at the time of the person’s arrest an available justice of the peace whose regular office was nearer to the place where such person was arrested than the justice of the peace before whom the case is being tried.

(b) For the purpose of this section, a justice of the peace is available when the justice of the peace is at the office or court.

(c) Any person who, as shipper, carrier, consignee or user of a hazardous material, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted thereunder or any regulation of the Commission, shall be guilty of a misdemeanor, and, upon conviction thereof in the Court of Common Pleas of the county wherein the offense occurred, shall be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for not more than 60 days, or both. Any such person committing a second or subsequent offense and the conviction thereof shall be sentenced to pay a fine of not less than $500 nor more than $5,000 or imprisonment for not less than 60 days nor more than 1 year, or both. If such person be a firm, partnership, joint venture or association, or if such person be a corporation, the officer, agent or employee thereof responsible for the violation shall have the sentence, herein prescribed, imposed upon the officer, agent or employee.

62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  10;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 176, §  36; 

It is the intent of this Act that this be the exclusive state method of regulating and controlling the transportation of hazardous materials. To that end all acts and parts of acts, ordinances and regulations elsewhere promulgated or enacted are hereby repealed and declared unenforceable to the extent that they are inconsistent herewith. No city, town, municipality or other subdivision of the State shall adopt or enforce any other regulation of the transportation of hazardous materials. This shall not preclude the State from regulating hazardous wastes and hazardous substances, including the transportation thereof, as may be otherwise provided by law.

62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §§  11, 12;  68 Del. Laws, c. 290, §  188; 

(a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance or advice at the request of any emergency service agency with respect to an incident creating a danger to person, property or the environment as a result of spillage, seepage, fire, explosion or other discharge or release of oil, gasoline, diesel fuel or hazardous materials, or the possibility thereof.

(b) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, wilful or wanton misconduct shall constitute gross negligence.

(c) For purposes of this section, hazardous materials shall include:

(1) Materials designated as hazardous by any governmental agency; and

(2) Materials where the discharge or release of same, or the possibility of such discharge or release, creates a hazard to person, property, or the environment.

64 Del. Laws, c. 28, §  13;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 379, §  1; 

(a) The Secretary of the Department of Safety and Homeland Security or the Secretary’s designee is permitted to expend any funds appropriated to the Department to contain or clean up a hazardous substance spill as defined by § 101(14) or § 102 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. § 9601(14)) [or 42 U.S.C. § 9602] and § 104 of the Hazardous Materials Transportation Act (49 U.S.C. App. § 1803 [repealed]) and duly adopted by the Commission on the Transportation of Hazardous Material. This shall apply to any or all hazardous material spills within the State to protect the citizens and environment. Costs incurred for such removal shall not be subject to Chapter 60 of this title.

(b) A Hazardous Substance Spill Cleanup Revolving Fund is hereby established for the purpose of providing the funds to undertake the emergency cleanup and necessary remedial measures. The Department of Natural Resources and Environmental Control shall be responsible under Chapter 63 of Title 7 for the assessment of any long-term environmental impact and conducting the necessary remedial action.

(c) All revenues recovered from the responsible party shall be retained by the Department of Safety and Homeland Security and placed in the Hazardous Substance Spill Cleanup Revolving Fund. Expenditures from the Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.

(d) The Governor, the Secretary of the Department of Finance, the Director of the Office of Management and Budget, the Joint Finance Committee of the General Assembly and the Controller General shall be kept informed of all costs incurred and reimbursements received under this section.

64 Del. Laws, c. 124, §  1;  65 Del. Laws, c. 53, §§  1, 2;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 88, §  21(13); 

Notwithstanding any inconsistent provisions of any public, private or special law, any person who is a bona fide member of, or who is appointed by the State Emergency Response Commission under the authority of § 301(c) [42 U.S.C. § 11001] of Title III, Superfund Amendment and Reauthorization Act of 1986 (SARA), to serve on a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents in this State is not liable for civil damages as a result of any act or omission in the development, review or implementation of such plans unless the act or omission constitutes gross negligence or wilful misconduct.

71 Del. Laws, c. 208, §  5; 

The Division of Capitol Police is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of Capitol Police, pursuant to Chapter 82 of Title 11.

75 Del. Laws, c. 322, §  3; 

The Division of the Office of Highway Safety is established and shall be responsible for the performance of all the powers, duties and functions vested in the Division of the Office of Highway Safety pursuant to Chapter 49 of this title.

76 Del. Laws, c. 391, §  12; 

There is hereby established, within the Department of Safety and Homeland Security, a Division of Communications with duties, powers and responsibilities as defined.

(1) The Division of Communications shall:

a. Possess the technical expertise to maintain the state radio communications equipment for the State;

b. Plan, coordinate and monitor the procurement of radio systems and associated equipment for the State;

c. Perform such other duties in connection with the radio communications activities of the state government as may be directed by the Governor, the General Assembly, or the Chief Justice or as may be required by existing or future state or federal statute; and

d. Cooperate with the Office of Management and Budget, Department of Technology and Information in the preparation of the statewide communications budget.

(2) Charges; Communications Revolving Fund. — a. Out-of-pocket expenses for parts, materials and other goods, used for installation, repair and maintenance of communications facilities, equipment and services, shall be charged to and paid by the using agency through the use of an intergovernmental voucher as described in the State’s Budget and Accounting Policy Manual. Moneys received by the Division of Communications under this chapter shall be deposited in a special fund, to be known as the “Communications Revolving Fund,” which shall not revert at the end of any fiscal year. The Communications Revolving Fund shall be for the purpose of buying parts, materials and other goods required for installation, repair and maintenance of communications facilities, equipment and services.

b. The size of the Communications Revolving Fund shall be reviewed annually by the Director of the Office of Management and Budget, and if deemed excessive to the needs of the Division of Communications, the excess shall be reverted to the General Fund of the State.

(3) Extension of service to others. — Pursuant to written agreements of terms and conditions and subject to payment of charges as determined in accordance with Chapter 65 of this title, the Division of Communications may, but is not required to, extend the services defined in paragraph (1) of this section, as applicable and reasonable to local municipalities, towns and the counties and any and all agencies thereof, and volunteer fire, rescue and ambulance companies operating and chartered in the State. Any such extension of services shall be subject to availability of resources and secondary to the needs of state government. So long as authorized general funded personnel do not depreciate below the Fiscal Year 2006 level, the Division of Communications may provide volunteer fire, rescue and ambulance companies operating and chartered in the State with the same level of 800 MHz service provided to state agencies. Moneys received as payment for these services shall be deposited in the Communications Revolving Fund.

(4) Restriction of use. — a. State communications activities shall not be used for any purposes other than the business of the State, nor in any manner not in accordance with this chapter, except in an emergency.

b. Communications transmitted or received by state communications activities shall be the privileged information of the sender and receiver and interception and use of such communications by an unauthorized third party is in violation of federal law, and shall be in violation of the purpose and intent of this chapter; provided, that this shall not prohibit the sender or receiver from releasing such communications to others or to the public if necessary or desirable; and provided, further that the Governor shall have the power to direct the release of such communications if the Governor deems such action to be in the best interest of the State.

76 Del. Laws, c. 391, §  12;  78 Del. Laws, c. 78, §  252; 

(a) There is hereby established, within the Department of Safety and Homeland Security, a Division of Gaming Enforcement with duties, powers and responsibilities as defined. It shall be the responsibility of all police jurisdictions and video lottery agents to report any and all suspicious or criminal activity involving gaming to the Division of Gaming Enforcement.

(b) The Division of Gaming Enforcement shall be under the immediate supervision of a civilian Director who shall staff and administer the work of the Division under the direction and supervision of the Secretary of the Department of Safety and Homeland Security. The Division of Gaming Enforcement shall contain an Assistant Director, whom at all times must be an officer of the Delaware State Police, and other sworn State Police personnel, as well as other resources to necessary to fulfill the obligations under this chapter.

(c) The Division of Gaming Enforcement shall:

(1) Exercise exclusive jurisdiction for the investigation of criminal offenses related to gaming that may occur at any video lottery facility licensed by the State Lottery Office or which occur elsewhere that relate to the operation of the Lottery;

(2) Investigate the background, qualifications and suitability of each applicant before any license is issued by the Director of the State Lottery Office pursuant to Chapter 48 of this title;

(3) Provide assistance upon request by the State Lottery Office in the consideration, promulgation and application of its rules and regulations;

(4) Exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation for use in considering applicants for any license or registration issued by the State Lottery Office;

(5) Request and receive information, materials and any other data from any licensee or registrant, or applicant for a license or registration;

(6) Notify the State Lottery Office of any information which may affect the continued qualifications or suitability of any licensee or registrant;

(7) Seek to exclude from all licensed video lottery facilities persons whose presence would be inimical to the interest of the State or of lottery operations therein; and

(8) Perform other duties necessary and consistent with Chapter 48 of this title to maintain public confidence and trust in the credibility and integrity of lottery operations, agents and employees.

77 Del. Laws, c. 219, §  25; 

(a) Purpose. — The purpose of the Omnibus School Safety Act is to enhance public safety in all of Delaware’s public schools (including charter schools) and school districts through the development and maintenance of comprehensive, site-specific, National Incident Management System (NIMS)-compliant safety and emergency preparedness plans for each public school and district. This act is intended to promote a cohesive and coordinated approach between state and local emergency responders, education professionals, and other supporting agencies and disciplines during a critical incident within a school setting, in a manner that minimizes administrative and other burdens upon schools and districts.

(b) Definitions. — Unless the context otherwise requires, the following words and phrases shall have the meaning ascribed to them in this section:

(1) “Act” means the Omnibus School Safety Act.

(2) “Charter school” means a charter school established pursuant to Chapter 5 of Title 14.

(3) “Critical incident” means any situation that causes or has the potential to cause injury or loss of life to faculty, staff, students or the public, and shall include but not be limited to any weather-, crime- or terrorism-related event that threatens: the life, health and safety of people; damages or destroys property; or causes major disruptions of regular activities.

(4) “Critical incident or emergency event exercise” means any operational simulation performed in a school or district pursuant to this section for the purposes of training and practicing prevention, protection, mitigation, response and recovery capabilities in a realistic, but risk-free environment.

(5) “CSSP” means a Comprehensive School Safety Plan.

(6) “Department” means the Department of Safety and Homeland Security.

(7) “District” means a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14.

(8) “DOE” means the Department of Education.

(9) “Emergency Preparedness Guidelines” means the templates developed by the Department which outline the steps, processes, procedures, audits and actions that shall be used by a school or district to develop, implement, exercise and update its comprehensive school safety plans to respond to an emergency event or unusual crisis situation.

(10) “First responder” means any federal, state and local law-enforcement officer, fire, and emergency medical services personnel, hazardous materials response team member, 911 dispatcher, emergency manager or any other individual who is responsible for the protection and preservation of life, property, or evidence.

(11) “NIMS” means the National Incident Management System developed by the federal government pursuant to Homeland Security Presidential Directive-5 and representing a core set of doctrines, concepts, principles, terminology, and organizational processes that enables effective, efficient, and collaborative incident management.

(12) “School” means any public school within the State, including any charter school.

(13) “School safety team” means those individuals who have been identified by a school or district as members of a team responsible for the development and implementation of a CSSP for a particular school or district.

(14) “Secretary” means the Secretary of the Department of Safety and Homeland Security or his or her designee.

(15) “Tabletop exercise” means a discussion-based critical incident or emergency event exercise involving key personnel comprised of first responders, emergency management personnel, school officials or other individuals where simulated scenarios are discussed in an informal setting.

(c) Duties and responsibilities of Department. — The Department, by and through the Secretary, shall have overall operational responsibility for the implementation of the act. In connection therewith, the Department’s duties and responsibilities shall include but not be limited to:

(1) Serving as the lead agency in the development of CSSPs for each school and district;

(2) Assisting schools and districts in conducting critical incident and tabletop exercises;

(3) Adopting, publishing and updating Emergency Preparedness Guidelines;

(4) Reviewing and certifying CSSPs submitted by schools and districts;

(5) In consultation with the Department of Education, adopting such rules and regulations as shall be necessary or desirable to implement the provisions of the act;

(6) Reviewing proposed revisions and updates to CSSPs; and

(7) Ensuring that the act is fully implemented and operational by September 10, 2014.

(d) Duties and responsibilities of schools and districts. — Each school and district shall:

(1) Create a school safety team for each school and district;

(2) Collaborate with the Department and any relevant first responders to develop and submit to the Department a school- or district-specific CSSP;

(3) Conduct critical incident and tabletop exercises in accordance with subsection (f) of this section hereunder; and

(4) Collaborate with the Department and any relevant first responders in submitting revisions and updates to CSSPs, at such times and upon such circumstances as shall be warranted.

(e) Initial review and approval of CSSPs. — Each school and district, through its school safety team, shall collaborate with the Department and any relevant first responders to develop and submit a school- or district-specific CSSP that is NIMS-compliant and is otherwise approved by the Department in accordance with the regulations adopted in connection with this section. The Department shall provide such assistance as shall be necessary in connection with the development of CSSPs, and shall coordinate schools and districts with first responders and other relevant stakeholders, including but not limited to the Capitol Police, for the development of CSSPs hereunder.

(f) Critical incident and tabletop exercises; revisions to CSSPs. — (1) Each school and district, through its school safety team, shall collaborate with the Department and any relevant first responders to conduct at least 1 tabletop exercise every year, and at least 2 lockdown/intruder drills per school year. Such exercises shall assess emergency readiness as well as the effectiveness of the existing CSSP, and shall include such members of the school safety team, first responders and such other stakeholders as shall be appropriate. Exercises may also be utilized to identify gaps in the CSSP, assess and improve performance, test equipment and technology, and develop robust community and first responder resolve to prepare for major incidents.

(2) Following any exercise hereunder, a school or district shall submit to the Department verification of the exercise and proposed revisions or updates to its CSSP. However, nothing herein shall limit the ability of schools or districts to submit to the Department proposed revisions or updates to CSSPs at any other time during the year. Proposed revisions or updates shall be reviewed and approved by the Department in accordance with procedures established by the Department.

(g) Progress reports. — The Secretary shall provide a report on the progress on the implementation of the Omnibus School Safety Program to the General Assembly by September 1 of each year until such time that implementation of the program is completed and it is fully operational.

78 Del. Laws, c. 405, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 426, §  1;  80 Del. Laws, c. 377, §  1; 

The Division of Forensic Science is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Office of the Chief Medical Examiner and duties of the medical examiners and Forensic Science Laboratory, as set forth in Chapter 47 of this title.

79 Del. Laws, c. 265, §  8;