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Delaware Laws | Title 20 Military and Civil Defense
CHAPTER 31. EMERGENCY MANAGEMENT
Subchapter II. Delaware Emergency Management Agency

(1) Depicts all anticipated expenses for the ensuing fiscal year associated with the duties of the State, political subdivisions and other organizations in the Delaware Radiological Emergency Management Program or under any contract or agreement in connection therewith; (740)

(2) Provides an accurate statement of all funds, grants, gifts or other forms of financial assistance to be paid or furnished to DEMA for the ensuing fiscal year by the federal government or any other public or private source; and (741)

(3) Describes the designated use of any funds, grants, gifts or other forms of financial assistance received by the State as well as any other relevant restrictions regarding the expenditure of such moneys. (742)

(63 Del. Laws, c. 254, Sec. 1; 69 Del. Laws, c. 78, Sec. 3; 71 Del. Laws, c. 207, Sec. 1; 74 Del. Laws, c. 110, Sec. 138; 75 Del. Laws, c. 88, Sec. 21(11).) (743)

Military and Civil Defense Civil Defense (744)

Subchapter III. The Governor and Emergency Management (745)(Text)

Sec. 3115. General authority of the Governor. (746)(Text)

(a) The Governor shall be responsible for addressing the dangers to life, health, environment, property or public peace within the State presented by emergencies or disasters, and to this end shall have general direction and control of DEMA and shall be responsible for carrying out this chapter. In the event of an emergency or disaster beyond local control, the Governor may assume direct operational control over all or any part of the emergency management functions within the State. (747)

(b) In performing the duties of the Governor under this chapter, the Governor may issue, amend and rescind all necessary executive orders, emergency orders, proclamations and regulations, which shall have the force and effect of law. (748)

(c) In addition to the powers conferred upon the Governor by this chapter, a state of emergency may be proclaimed by emergency order of the Governor upon a finding that an emergency or disaster has occurred or that such occurrence or threat of that occurrence is imminent. The state of emergency shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with to the extent that conditions necessitating a state of emergency no longer exist and terminates the state of emergency by subsequent order. No state of emergency can continue for more than 30 days without being renewed by the Governor. All orders issued under this chapter shall indicate the nature of the emergency or disaster, the geographical area or areas threatened, and the conditions which have brought the emergency or disaster about or which make possible termination of the state of emergency. An order terminating a state of emergency shall describe the reasons for termination, and shall be disseminated as promptly as is practicable by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the emergency or disaster prevent or impede, shall be promptly logged with DEMA. Emergency action ordered by the Governor in accordance with the Governor's constitutional and statutory authority shall not be invalidated because of any failure to comply with the technical requirements for the logging or filing of emergency orders. (749)

(48 Del. Laws, c. 189, Sec. 6; 20 Del. C. 1953,Sec. 3105; 50 Del. Laws, c. 398, Sec. 1; 53 Del. Laws, c. 391; 57 Del. Laws, c. 670, Sec. 25F; 58 Del. Laws, c. 533; 58 Del. Laws, c. 558, Sec. 6; 63 Del. Laws, c. 254, Sec. 1; 69 Del. Laws, c. 78, Sec. 3; 70 Del. Laws, c. 186, Sec. 1; 71 Del. Laws, c. 207, Sec. 1; 73 Del. Laws, c. 355, Sec. 4.) (750)

Sec. 3116. Powers. (751)(Text)

(a) In addition to any other powers conferred upon the Governor by law, the Governor may: (752)

(1) Delegate to the Secretary of Public Safety, the Director of DEMA, or such other person any authority vested under this chapter and provide for the subdelegation of any such authority; (753)

(2) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency or disaster; (754)

(3) Utilize all available resources of the state government as reasonably necessary to cope with the emergency or disaster; (755)

(4) Transfer the personnel, functions, and/or responsibilities of state agencies or units for the purpose of performing or facilitating emergency or disaster services; (756)

(5) Request voluntary restrictions or conservation of water use by public or private users of water in the State. Mandatory restrictions may be imposed by the Governor by emergency order after declaration of a state of emergency. Unless the Governor issues an emergency order finding that it is essential that mandatory conservation measures be implemented without delay, before any mandatory water conservation measure shall be enforceable without a state of emergency, the Governor shall hold a public hearing on the issue of said mandatory measure. If conservation measures are ordered without a state of emergency, a hearing shall be held within 60 days upon 7 days notice. Notice of the hearing shall be published at least 7 days before the hearing in no less than 2 Delaware newspapers of general circulation. A hearing officer, who shall be appointed by the Governor, shall preside over any hearings required by this subsection, and shall make a written report and recommendation about the evidence presented at the hearing to the Governor; (757)

(6) Request federal assistance as deemed necessary; (758)

(7) On behalf of this State, enter into reciprocal aid agreements or compacts with other states and the federal government, either on a statewide basis or local political subdivision basis or with a neighboring state or province or a foreign country, as deemed necessary; (759)

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