Delaware Emergency Management and Homeland Security Statutory Authorities Summarized

Delaware Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RS21802
April 2, 2004
CRS Report for Congress
Received through the CRS Web
Delaware Emergency Management and
Homeland Security Statutory Authorities
Summarized
Keith Bea and Sula P. Richardson
Specialist and Analyst in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
Title 20 of the Delaware code addresses emergency management issues. The
governor and the director of the Emergency Management Agency are the key entities
with responsibility during an emergency. Financial aid is given primarily with federal
funds along with state emergency accounts. The Emergency Interim Executive
Succession Act provides for the succession of powers in emergencies. Delaware statutes
include both an Interstate Civil Defense and Disaster Compact and the Emergency
Management Assistance Compact.
This report is one of a series that profiles the emergency management and
homeland security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Entities with Key Responsibilities
Governor: The statute provides the governor, state agencies and authorized
representatives broad emergency powers as well as the rendering of mutual aid among
political subdivisions and with other states and federal government (Del. Code Title 20,
Congressional Research Service ˜ The Library of Congress

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§3101). The governor has general direction and control of the Delaware Emergency
Management Agency (DEMA) and authority to issue, amend and rescind all necessary
executive orders, emergency orders, proclamations and regulations. The governor also
has authority to suspend provisions of regulatory statutes that would prevent, hinder or
delay any emergency response. The statute authorizes the governor to impose mandatory
water restrictions after declaration of a state of emergency, and, to use state resources to
cope with a disaster or emergency, transfer personnel, mobilize the National Guard, and
make use of any private, public or quasi-public property (Del. Code Title 20, §3115-
3117).
Emergency Management Agency: The agency is authorized to carry out all
obligations and duties associated with state emergency or disaster response and recovery
plans, and to execute all duties and responsibilities to secure the maximum state and
federal emergency management assistance and emergency or disaster recovery assistance
(Del. Code Title 20, §3107).
Council on Emergency Planning and Operations: The council is authorized to act
as advisor on emergencies, whether caused by enemy attack, sabotage or other hostile
action, or by fire, flood or other causes. The council is directed to advise the director of
DEMA, the secretary of the Department of Public Safety and the governor. The statute
requires political balance in the membership of the council (Del. Code Title 29, §8209).
Emergency Response Commission: The commission was created in compliance with
Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (Del.
Code Title 16, Chap. 63 et seq.). Fees are appropriated to the commission primarily to
fund local emergency planning committees and related data collection and management
activities. Fees may also be used to fund emergency response vehicles, related equipment
and supplies, and physical examinations and medical screenings for volunteer fire service
members of decontamination teams (House Bill 437, 2002, amends Del. Code Title 16,
§6311).
Preparedness
The statute directs DEMA to prepare a comprehensive emergency management plan
for the state; staff and equip a state emergency operations center; and apply for federal
grants and private funds to defray the costs of maintaining and implementing the
capabilities of the agency. DEMA is to provide technical advice and assistance to state
agencies and political subdivisions and provide direction and control of state emergency
or disaster operations (Del. Code Title 20, §3105-07).
The statute transferred duties and functions of the Division of Civil Defense and its
predecessor to DEMA (Del. Code Title 29, §8208).
DEMA must establish a radiological emergency management program to comply
with applicable federal regulations and implement all necessary and appropriate protective
or remedial measures on behalf of the state with respect to a radiological incident, or
threatened radiological incident, resulting from the operation of commercial nuclear
generating facilities, acts of terrorism, or transport of nuclear byproducts (Del. Code Title
20, §3108).

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Declaration Procedures
The governor has authority to declare a state of emergency, which may continue for
a 30-day period without being renewed. The governor may terminate the declaration at
any time (20 Del. Code, §3115).
Types of Assistance
DEMA Assistance Relief Fund: The fund was established to enable DEMA to make
purchases for life-sustaining assistance for persons in need of urgent aid due to “harmful
acts of nature.” The fund may be used only for specified purposes and under specified
circumstances and requires an annual appropriation to maintain a $50,000 balance (Del.
Code Title 20, §3107A).
Disaster Victim Assistance: During a state of emergency declared by the governor,
DEMA or other state agencies may purchase materials and supplies necessary to protect
the health and safety of persons and property and to provide emergency or disaster
assistance to victims of a disaster (Del. Code Title 20, §3107).
The statute establishes limits and exclusions for funds appropriated to the
Department of Health and Social Services, Division of Social Services, for “Emergency
and Disaster Assistance” for special emergency needs of welfare-receiving households.
It also identifies the percentage of total emergency funds that can be allocated per quarter
during each fiscal year (Del. Code Title 31, §521).
Mutual Aid
The statute authorizes police to work in another jurisdiction during an emergency
(Del. Code Title 11, §1943).
The Emergency Management Assistance Compact is ratified (Del. Code Title 20,
§3401-03).
The Interstate Civil Defense and Disaster Compact is ratified (Del. Code Title 20,
§3301-02).
Funding
The statute provides that it is state policy to obtain federal funding for disaster relief
and the repair of essential public facilities. The governor or a designee may enter into
agreements with the federal government to obtain such aid, but constraints are set out to
prevent the commitment of resources beyond those appropriated. The state will pay any
costs in compensation to property owners or to further an agreement with the federal
government or agencies with special appropriations (Del. Code Title 7, §5701-5704).
DEMA (the director) is authorized to apply for, receive, and expend federal, public
or private funds, grants, or other forms of financial assistance to defray costs incurred
(Del. Code Title 20 § 3107(4)).

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Hazard Mitigation
No specific provisions.
Continuity of Government Operations
The governor may declare an emergency temporary location, or locations, for the seat
of government within or without the state. The General Assembly may change the seat
of government by law. The statute provides for political subdivisions to relocate during
an emergency. (Del. Code Title 29, Chapter 77 et seq.).
The Emergency Interim Executive Succession Act provides for emergency interim
successions to state governmental offices and political subdivisions. Authorizes officers
to designate by title emergency interim successors and to specify their order of succession
(Del. Code Title 29, Chapter 78 et seq).
The state constitution provides for a line of succession to the offices of governor and
lieutenant governor (Del. Constitution Article 3, Section 20).
Other
Emergency management organizations cannot be employed for political purposes
(Del. Code Title 20, §3124).
State agency heads may implement related assignments “without regard to
procedures required by other laws” after the governor declares that a state of emergency
exists (Del. Code Title 20, §3126).
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Delaware Statutes, with Citations
Terms
Citations
Commission (State Emergency Response Comm.)
Del. Code Title 29, § 8224
Disaster
Del. Code Title 20, § 3102
Emergency
Del. Code Title 20, § 3102
Emergency management
Del. Code Title 20, § 3102
State of emergency
Del. Code Title 20, § 3102
Mitigation
Del. Code Title 20, § 3102
Response
Del. Code Title 20, § 3102
Terroristic threatening
Del. Code Title 11, § 621

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In addition to the foregoing terms, the Delaware statute provides that definitions
consistent with the functions of the Department of Public Safety are to be construed as
relating to the Department (Del. Code Title 29, §8217(b)).
For Further Research
The Delaware code citations noted above may be searched at:
[http://198.187.128.12/delaware/lpext.dll?f=templates&fn=fs-main.htm&2.0].