CHAPTER 670
AN ACT AMENDING TITLES 11, 16, 17, 20, 21 and 29, PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 82.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Chapter 84, Title 11, Delaware Code, is amended as follows:
A. § 8401 is amended by striking the word "Commission" in the first sentence and inserting in lieu thereof the words "Department of Public Safety", and by striking the sentence " 'Commission' shall mean the Delaware Police Training Commission." and inserting in lieu thereof the sentence " 'Council' shall mean the Council on Police Training".
B. § 8402 and § 8403 (c) are repealed.
C. § 8403(a) and (b) and § 8404(a), (b), and (c) are amended by striking the word "Commission" in the section heading thereof and wherever it appears and inserting in lieu thereof the word "Council".
D. § 8405, § 8406(b), § 8407 and § 8408 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the words "Department of Public Safety".
E. § 8410 is amended by striking the words "Delaware Police Training Commission" and inserting in lieu thereof the words "Department of Public Safety".
Section 2. Chapter 16, Title 17, Delaware Code, is amended as follows:
A. §§ 1601 and 1602 are repealed.
B. § 1603 is amended by striking the words "on premises made available by the State Highway Commission;" in (2) and (3) and inserting in lieu thereof a ";", and by striking the word "Division" in the section heading and the first sentence and inserting in lieu thereof the words "Department of Public Safety".
C. §§ 1604, 1605, 1606 and 1607 are amended by striking the word "Division" wherever it appears and inserting in lieu thereof the words "Department of Public Safety".
D. §1608 is amended by striking the words "Division" and "State Highway Department for the Division" and inserting in lieu thereof the words "Department" and "Department of Public Safety", respectively.
Section 3. Chapter 83, Subchapter I, Title 11, Delaware Code, is amended as follows:
A. §8301 is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Public Safety".
B. §8306 is amended by striking the word "Highway".
Section 4. Chapter 85, Title 11, Delaware Code, is amended as follows:
A. §8501 (a) is amended by striking the word "Delaware" and inserting in lieu thereof the words "Division of".
B. §8501 (c) is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Public Safety".
C. §8514 is amended by adding a new subsection (4) to read:
(4) The Governor may, in his discretion, delegate to the Secretary of Public Safety any of the powers, duties or functions set forth in this section.
Section 5. §101, Title 21, Delaware Code, is amended by striking the sentence " 'Commissioner' means the Motor Vehicle Commissioner of this State;" and inserting in lieu thereof the sentence " 'Secretary' means the Secretary of Public Safety of this State or his duly authorized designee;" and by striking the words "Motor Vehicle Department" and inserting in lieu thereof the words "Department of Public Safety".
Section 6. Chapter 3, Title 21, Delaware Code, is amended as follows:
A. The chapter heading is amended by striking the words "Motor Vehicle" and inserting in lieu thereof the words "Public Safety".
B. §§301, 303, 304 and 307 are repealed.
C. §318 is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Public Safety".
D. §§305, 306, 308, 310, 314, 315, 316, 319, and 322 are amended by striking the words "Commissioner" and "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary" and "Secretary of Public Safety", respectively.
E. §310(c) is amended by striking subsections (1) and (2) and inserting in lieu thereof a new subsection (1) as follows:
(1) The Secretary of Public Safety and his duly authorized designee.
Section 7. Chapter 7, Title 21, Delaware Code, is amended as follows:
A. §701 is amended by striking the word "Commissioner" and inserting in lieu thereof the words "Secretary of Public Safety".
B. §704 (d) is amended by striking the words "State Motor Vehicle Division" and "Division" and inserting in lieu thereof the words "Department of Public Safety" and "Department", respectively.
C. §706 (a) is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Public Safety".
Section 8. Chapter 21, Title 21, Delaware Code, is amended as follows:
A. §§2102, 2107, 2110, 2132, 2143, 2144, 2141A, 2158, 21'77, 2188, 2189 and 2196 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
B. §2132 and §2196 are amended by striking the words "Motor Vehicle Commissioner" wherever it appears and inserting in lieu thereof the words "Secretary of Public Safety".
C. §2196 is amended by striking the words "Commissioner of Motor Vehicles" and inserting in lieu thereof the words "Secretary of Public Safety".
Section 9. Chapter 23, Title 21, Delaware Code, is amended as follows:
A. §§2302, 2306, 2334, 2337 and 2338 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
B. §2338 is amended by striking the words "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
Section 10. §2510, Title 21, Delaware Code, is amended by striking the words "Vehicle Commissioner" and inserting in lieu thereof the words "Secretary".
Section 11. Chapter 27, Title 21, Delaware Code, is amended as follows:
A. §§2703, 2710, 2713, 2714, 2733, 2734 and 2755 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
B. §2710, 2718 and §2734 are amended by striking the words "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
C. §2707 and §2713 are amended by striking the words "Motor Vehicle Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
Section 12. Chapter 29, Title 21, Delaware Code, is amended as follows:
A. §§2906, 2908, 2909, 2913, 2921, 2922, 2923, 2924, 2925, 2926, 2941, 2942, 2945, 2946, 2949, 2950, 2951, 2953, 2954, 2955 and 2972 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the words "Secretary of Public Safety".
C. §2909 is amended by striking the words "Department of Motor Vehicles" and inserting in lieu thereof the words "Department of Public Safety".
D. §2910 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 2910. Administration and enforcement
The Secretary of Public Safety shall handle the filing of the standard forms as used in other States, for the estimating of the security required, and for the suspending, revoking and reinstating of licenses and registration as required by this chapter.
The Secretary shall see that the accident reports are made and that sufficient security is filed with his Department to cover all damages to persons or property. He shall follow the standard practices used in other states, and shall use the standard forms used in other states. The State Police shall help enforce this chapter.
Section 13. Chapter 41, Title 21, Delaware Code, is amended as follows:
A. §§4101, 4107, 4120, 4121, 4126, 4152, 4162, 4164, 4169, 4170, 4171, 4173, 4178, 4179 and 4179A are amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
B. §§4103, 4172 and 4176 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
C. §4169 (bb) is amended by inserting before the words "concerning speed limits" in the first sentence the words "or its predecessor, the State Highway Department".
D. §4179 is further amended as follows:
(1) By striking from (c) the words "by resolution or order entered in its minutes".
(2) By striking from (d) the words", as evidenced by resolution or order entered in its minutes,".
E. §4179A is further amended as follows:
(1) By striking from (a) the words "resolution of".
(2) By striking from (c) the words", by resolution,".
Section 14. Chapter 42, Title 21, Delaware Code, is amended as follows:
A. §4202 is amended by striking the word "Commissioner" and inserting in lieu thereof the word "Secretary".
B. §4203 is amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
Section 15. Chapter 43, Title 21, Delaware Code, is amended as follows:
A. §§4303, 4307, 4373, 4384, 4385, 4386 and 4387 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
B. §§4313 and 4314 are amended by striking the words "Motor Vehicle Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
C. §4354 is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Public Safety".
Section 16. Chapter 44, Title 21, Delaware Code, is amended as follows:
A. §§4402 and 4407 are amended by striking the words "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
B. §§4404 and 4406 are amended by striking the words "Motor Vehicle Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
Section 17. Chapter 61, Title 21, Delaware Code, is amended as follows:
A. §6104 is amended by striking the word "Commissioner" and inserting in lieu thereof the word "Secretary".
B. §6105 is amended by striking the words "Motor Vehicle Department" and inserting in lieu thereof the words "Department of Public Safety".
Section 18. §6304, Title 21, Delaware Code, is amended by striking the words "Commissioner" and "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary" and "Secretary of Public Safety", respectively.
Section 19. Chapter 65, Title 21, Delaware Code, is amended as follows:
A. §§6502, 6503, 6504 and 6508 are amended by striking the words "Motor Vehicle Commissioner" and "Commissioner of Motor Vehicles" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
B. §6503 is amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
C. §§6513, 6514, 6515, 6516 and 6517 are amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
Section 20. §6706, Title 21, Delaware Code, is amended by striking the words "Commissioner" and "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary" and "Secretary of Public Safety", respectively.
Section 21. Chapter 80, Title 21, Delaware Code, is amended as follows:
A. §§8011 and 8015 are amended by striking the words "Motor Vehicle Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
B. § 8013 is amended by striking the words "Motor Vehicle Commissioner" in the section heading and the first sentence and inserting in lieu thereof the words "Secretary of Public Safety".
Section 22. Chapter 81, Title 21, Delaware Code, is amended as follows:
A. §§8111 and 8113 are amended by striking the words "Motor Vehicle Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
B. §8111 is further amended by striking the words "Motor Vehicle Commissioner" and inserting in lieu thereof the words "Secretary of Public Safety".
Section 23. Chapter 4, Title 21, Delaware Code, is amended as follows:
A. §401. is repealed.
B. §§402, 403 and 405 are amended by striking the words "reciprocity commission" and "commission" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety" and "Secretary", respectively.
C. §403 is further amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Public Safety".
D. §§405, 408 and 411 are amended by striking the words "reciprocity commission and/or Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
E. §409 is amended by striking the words "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
Section 24. Chapter 45, Title 21, Delaware Code, is amended as follows:
A. §§ 4501 and 4502 are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
Section 25. Chapter 31, Title 20, Delaware Code, is amended as follows:
A. §3101 is amended by striking the word "Department" in
(a) (1) and inserting in lieu thereof the word "Division".
B. §3103 is amended by striking the word "Department" wherever it appears and inserting in lieu thereof the word "Division", and by striking the word "Governor" wherever it appears and inserting in lieu thereof the word "Secretary of Public Safety".
C. §3103 (a) is further amended as follows:
(1) By inserting before the words "within the executive branch" in the first sentence the words "of the Department of Public Safety,".
(2) By striking the words "with the advice and consent of the Senate" and inserting in lieu thereof the words "with the written approval of the Governor".
(3) By striking the words "he shall hold office at the pleasure of the Governor" and inserting in lieu thereof the words "he may be removed from office by the Secretary with the written approval of the Governor".
D. §3103 (b) is amended by inserting after the word "Director" the words "with the approval of the Secretary of Public Safety".
E. §3104 is repealed.
F. §3105 is amended by striking the word "Department" wherever it appears and inserting in lieu thereof the word "Division", and by adding after the word "Delegate" in (b) (10) the words "to the Secretary of Public Safety or such other person".
G. §3107 (b) (3) and §3118 are amended by striking the word "Department" wherever it appears and inserting in lieu thereof the word "Division",
H. §3120 is amended by striking the words "Civil Defense" and inserting in lieu thereof the words "Public Safety", and by striking the word "Director" and inserting in lieu thereof the words "Secretary of Public Safety".
Section 26. Chapter 85, Title 16, Delaware Code, is amended as follows:
A. §§8501 and 8502 are repealed.
B. §8503 is amended by striking the word "Board" and inserting in lieu thereof the words "Department of Public Safety".
C. §8504 is amended as follows.
(1) By striking the words "Board of Boiler Rules" and inserting in lieu thereof the words "Department of Public Safety".
(2) By striking the word "Governor" in the first and second sentences and inserting in lieu thereof the words "Secretary of Public Safety".
D. §8505 is amended by striking the words "Board of Boiler Rules" and inserting in lieu thereof the words "Department of Public Safety".
Section 27. Chapter 82, Title 29, Delaware Code, is amended by adding a new §8222 as follows:
§ 3222. Supremacy
All other laws or parts of laws now in effect inconsistent with the provisions of this Chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to the provisions of this Chapter.
Section 28. Chapter 82, Title 29, Delaware Code, is further amended as follows:
A. Section 8209 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:
(d) At least three (3), but no more than four (4) of the newly appointed members of the Council shall be affiliated with one of the major political parties and at least two (2) but no
more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.
B. §8207 (a) (2) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection (ii) to follow subsection (i) and to read as follows:
(ii) The Reciprocity Commission pursuant to the provisions of Title 21, Delaware Code, Chapter 4. The Secretary of Public Safety shall have the authority to make any necessary agreements pursuant thereto.
C. §8214 is amended by adding a new subsection (1) as follows: "(1) Secretary of Public Safety" and by renumbering "(1), (2), (3), (4), (5)" as "(2), (3) (4), (5), (6)" respectively.
D. §8207 (a) (1) (iii) is amended by striking the number "§4505" and inserting in lieu thereof the numbers "§§4504 and 4505.
Section 29. §4602 (3), Title 21, Delaware Code, is amended by striking the words "Motor Vehicle Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Public Safety".
Section 30. §§8302, 8303, 8304, 8305 and 8306, Title 21, Delaware Code, are amended by striking the word "Commissioner" wherever it appears and inserting in lieu thereof the word "Secretary".
Section 31. If any provision of this Act, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of such provisions of the Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected hereby.
Approved July 6. 1970.