CHAPTER 371

FORMERLY

HOUSE BILL NO. 437

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STATE EMERGENCY RESPONSE COMMISSION; AND PROVIDING FOR EMERGENCY PLANNING AND RESPONSE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §6311, Chapter 63, Part VI, Title 16 of the Delaware Code by striking Subsection (b) in its entirety, and substituting in lieu thereof the following:

"(b) The fees herein authorized shall be appropriated to the State Emergency Response Commission through the Department primarily for the purpose of funding the local emergency planning committees and data collection and management activities related to this chapter. At the discretion of the State Emergency Response Commission, these fees may also be used to fund emergency response vehicles (including their purchase as well as maintenance and repairs) and related equipment and supplies; and also including physical examinations and medical screenings for volunteer fire service members of decontamination teams. For the purposes of this section, the words "emergency response vehicles" include but are not limited to vehicles such as decontamination units (both tow vehicle and trailer)."

Section 2. Amend §6314, Chapter 63, Part VI, Title 16 of the Delaware Code by striking subsection (g) in its entirety, and substituting in lieu thereof the following:

"(g) Moneys collected under subsections (c) and (d) of this section shall be appropriated to the State Emergency Response Commission (SERC) for the purpose of funding related emergency planning and community right-to-know activities, emergency response equipment and vehicles (including their purchase as well as maintenance and repairs), and related equipment and supplies; and to fund physical examinations and medical screenings for decontamination team members or other response personnel as approved by SERC. These moneys shall be used at the discretion of the State Emergency Response Commission and shall not be subject to reversion. For purposes of this section, the words "emergency response vehicles" include but are not limited to vehicles such as decontamination units (both tow vehicle and trailer)."

Approved July 08, 2002