Title 29 — State Government

§ 8115. Misnomer of Department in donation. 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 De…

§ 8116. Budgeting and financing. (a) The Secretary, in cooperation with the Deputy Secretary, 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 withi…

§ 8117. Supremacy. All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.29 Del.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, § 8118; 57 Del. Laws, c. 764, § 3…

§ 8201. Establishment of Department of Safety and Homeland Security. 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;

§ 8202. Secretary; division directors; Acting Secretary; appointment. (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…

§ 8203. Powers, duties and functions of the Secretary. 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 …

§ 8204. Division of Alcohol and Tobacco Enforcement. 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. 1…

§ 8205. Police Officer Standards and Training Commission. (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 department…

§ 8206. Division of State Police. (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 Su…

§ 8207. Division of Motor Vehicles [Repealed]. Repealed by 74 Del. Laws, c. 110, § 127, effective July 1, 2003.

§ 8208. Delaware Emergency Management Agency. (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 Depar…

§ 8209. Council on Emergency Planning and Operations [Repealed]. Repealed by 77 Del. Laws, c. 106, § 10, effective July 6, 2009.

§ 8210. State Council for Persons with Disabilities. (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 establi…

§ 8211. Division of Boiler Safety; Council on Boiler Safety [Repealed]. Repealed by 74 Del. Laws, c. 110, §§ 128, 129, effective July 1, 2003.

§ 8212. Governor’s Council on Public Safety [Repealed]. Repealed by 77 Del. Laws, c. 106, § 11, effective July 6, 2009.

§ 8213. Books, records; access; annual report. (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 variou…

§ 8214. Exemptions. 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…

§ 8215. Assumption of powers. 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 H…

§ 8216. Appeals. 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 …

§ 8217. Definitions and references in other laws. (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 …

§ 8218. Annual report. 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.…

§ 8219. Misnomer of Department in donation. 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 De…

§ 8220. Budgeting and financing. (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 wit…

§ 8221. Supremacy. 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, §…

§ 8222. Short title. 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;

§ 8223. Declaration of policy; findings of fact. (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 th…

§ 8224. Definitions. (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 a…

§ 8225. Adoption of federal requirements. (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 an…

§ 8226. State Emergency Response Commission. (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-K…

§ 8227. Remedies. (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 Commiss…

§ 8228. Jurisdiction; penalties. (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 othe…

§ 8229. Exclusive state regulation; general repealer. 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 promulg…

§ 8230. Exemption from liability. (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 omitte…

§ 8231. Hazardous substance spill cleanup. (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…

§ 8232. State Emergency Response Commission; other personnel. 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)…

§ 8233. Division of Capitol Police. 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…

§ 8234. Division of the Office of Highway Safety. 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…

§ 8235. Division of Communications. 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 t…

§ 8236. Division of Gaming Enforcement. (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 vid…

§ 8237. Omnibus School Safety Act. (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,…

§ 8238. Division of Forensic Science. 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 Forensi…

§ 8401. Establishment of Department. (a) The Department of Transportation is hereby established. The Department, through appropriate divisions, authorities, subdivisions, offices and administrations shall have the power to perform and shall be responsible for the performance of a…

§ 8402. Definitions. As used in this chapter: (1) “Authority” or “Transportation Authority” means Delaware Transportation Authority. (2) “Corridor route” means any existing or proposed road in an urban or rural area which is classified as part of the “principal arterial highway s…

§ 8403. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment. (a) (1) The administrator and head of the Department is the Secretary of the Department of Transportation (“Secretary”), who must be a person qualified by training and experience to perform th…

§ 8404. Powers, duties and functions of the Secretary. The Secretary shall have the following powers, duties and functions: (1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; …

§ 8405. Office of Administration. The Office of Administration is hereby established having powers, duties and functions as follows: (1) The Office of Administration shall have the power to perform and shall be responsible for the performance of all the powers, duties and functio…

§ 8406. Division of Highways. The Division of Highways is hereby established having powers, duties and functions as follows: (1) The Division of Highways shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofor…

§§ 8407, 8408. Transportation Authority — Established; powers and duties; status; Director; Acting Director [Repealed]. Repealed by 62 Del. Laws, c. 164, § 4, effective July 12, 1979.

§ 8409. Council on Transportation. (a) There is hereby established a Council on Transportation. (b) The Council shall serve in an advisory capacity, except as otherwise provided, to the Secretary, the Deputy Secretary, the Transportation Directors and the Governor, and shall do a…

§ 8410. Council on Transportation — Books; records; access; annual report. (a) The Council on Transportation shall have access to all books, records, reports and other documents relating to the divisions and offices of the Delaware Department of Transportation unless otherwise pr…