SB 324 — AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT.

Summary

This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 60 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds requirements for the approval of emergency orders and delineation of affected entities while clarifying the authority of the Governor during emergencies.

• Section 3115(b)

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

  Clarifies that only the Governor can issue or amend emergency orders.

• Section 3115(1)

  The state of emergency shall may continue until for 60 days unless 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. → The state of emergency may continue for 60 days unless 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.

  Corrects grammatical structure regarding the continuation of a state of emergency.

• Section 3115(2)

  A state of emergency order may not exceed 60 days without a finding from the Governor that a renewal order is required by an ongoing emergency or disaster and requires approval of the renewal order by the General Assembly. → A state of emergency order may not exceed 60 days without a finding from the Governor that a renewal order is required by an ongoing emergency or disaster and requires approval of the renewal order by the General Assembly.

  Reaffirms the requirement for General Assembly approval for renewal of state emergency orders beyond 60 days.

• Section 3115(5)

  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.

  Adds requirements for termination order reasoning and dissemination.

• Section 3115(6)

  Any non-weather related emergency order issued within 6 months of the termination of a prior emergency order and based upon substantially similar reasons shall be invalid unless such new emergency order is approved by the General Assembly. → Any non-weather related emergency order issued within 6 months of the termination of a prior emergency order and based upon substantially similar reasons shall be invalid unless such new emergency order is approved by the General Assembly.

  Establishes the invalidation of similar emergency orders unless approved by the General Assembly.

• Section 3115(8)

  Any non-weather related emergency order that requires the closure of any business, religious facility, or non-profit facility must specifically delineate which type of entities and facilities are to be closed.

  Requires specificity in emergency orders affecting closures of entities.

Action History

1. June 14, 2022

   Introduced and Assigned to Executive Committee in Senate

Sponsors

• Bryant L. Richardson · Primary
• Richard G. Collins · Primary
• Gerald W. Hocker · Cosponsor
• Dave G. Lawson · Cosponsor
• Brian Pettyjohn · Cosponsor
• David L. Wilson · Cosponsor
• Ronald E. Gray · Cosponsor
• Charles S Postles Jr. · Cosponsor
• Daniel B. Short · Cosponsor
• Jeffrey N. Spiegelman · Cosponsor
• Jesse R. Vanderwende · Cosponsor
• Lyndon D. Yearick · Cosponsor
• Stephen Smyk · Cosponsor
• Michael Ramone · Cosponsor

Subjects