CHAPTER 741
AN ACT AMENDING TITLES 4, 11, 12, 14, 19, 20, 24, 29 AND 30 AND VOLUME 56, LAWS OF DELAWARE, CHAPTER 250 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF FINANCE AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 83.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Chapter 65, Title 29, Delaware Code, is amended as follows:
A. §6501 is amended by striking said section in its entirety and inserting in lieu thereof a new §6501 as follows:
§ 6501. Definitions
(a) As used in this chapter, the term "agency" shall have the same meaning as defined in section 6301 of this title.
(b) As used in this chapter, the term "Secretary of Finance" shall mean the Secretary of Finance or his duly authorized designee.
B. §6508 (a) is amended by inserting after the words "Auditor of Accounts," in the second sentence the words "one copy to the Secretary of Finance".
C. §6508 (b) is amended by inserting after the words "Budget Director," in the first sentence the words "Secretary of Finance,".
D. §§6511, 6512(b), 6512(c), 6512(e), 6515(a), 6515(b), 6515 (c), 6516, 6517, 6518, 6520 (b), 6520 (c), 6521, 6522, 6523, 6524, 6525 and 6526 are amended by striking the words "Budget Director" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
E. §6513 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 6513. Statement of account
No account or statement of indebtedness for any personal service, work or labor or for property, materials or supplies performed for or furnished to any agency shall be valid unless made out on a form prescribed by the Budget Director and conforming to the provisions of section 6515 of this title.
F. §6515 (d) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
(d) For the payment of salaries, pensions or any other appropriations for the expending of which bills or statements are not renderable, the Secretary of Finance shall present a voucher or warrant in duplicate, which shall be signed by him, directing and authorizing the payment of the amounts due and payable. This voucher or warrant shall be in whatever form desired by the Budget Director.
G. §6527 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 6527. Delinquencies to be reported by Secretary of Finance
Upon the discovery of any delinquency in any agency, the Secretary of Finance shall forthwith report the same to the General Assembly, the Budget Director and the Attorney General who shall thereupon take appropriate action.
H. §6529 is amended by striking the words ", and the Budget Director is empowered and directed to reject all bills, statements, accounts, and demands against the State which do not conform with such controls as are adopted by the Budget Director." and inserting in lieu thereof a ".".
Section 2. §101, Title 30, Delaware Code, is amended as follows:
A. By striking the sentence " Tax Board' means the State Tax Board;" and inserting in lieu thereof a new sentence as follows:
" 'Board' means the Tax Appeal Board;".
B. By striking the sentence " 'Tax Commissioner' means the State Tax Commissioner;" and inserting in lieu thereof a new sentence as follows:
" 'Secretary' and 'Secretary of Finance' mean the Secretary of Finance or his duly authorized designee, provided, that any such delegation of authority is consistent with the provisions of Title 29, Delaware Code, Chapter 83."
C. By striking the sentence " 'Tax Department' means the State Tax Department." and inserting in lieu thereof a new sentence as follows:
" 'Department' means the Department of Finance."
Section 3. Chapter 3, Title 30, Delaware Code, is amended as follows:
A. §§301, 306, 341, 342, 344, 351, 352, 354 and 367 are repealed.
B. §§302, 303, 304, 305, 343, 353, 356, 358, 360, 361, 364, 368 and 375 are amended by striking the words "Tax Department" and "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
C. §§304 and 375 (b) are amended by striking the words "State Treasurer" and "Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
D. §§305, 343, 353, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 368, 369, 370 and 375 (a) are amended by striking the words "Commissioner", "Tax Commissioner" and "State Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary", "Secretary of Finance" and "Secretary of Finance", respectively.
E. §§305, 358 and 359 are amended by striking the words "Tax Board" and "State Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
F. §356 is further amended by striking the words "and submit for approval of the Tax Board".
Section 4. Chapter 11, Title 30, Delaware Code, is amended as follows:
A. §§1103, 1104, 1120, 1132, 1139, 1144, 1167, 1169, 1171, 1181, 1182, 1183, 1184, 1186, 1187, 1201, 1203, 1205 and 1209 are amended by striking the words "Commissioner" and "Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary" and "Secretary of Finance", respectively.
B. §§1115, 1161, 1162, 1165, 1166, 1168, 1170, 1171, 1172, 1181, 1182, 1183, 1185, 1187, 1191, 1192, 1194, 1196, 1201 and 1209 are amended by striking the words "Tax Department" and "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
C. §§1171, 1181, 1182, 1183 and 1187 are amended by striking the words "Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
D. §1187 (g) is further amended by striking the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".
E. §1184 (b) is further amended by striking the words "or Assistant Commissioner".
Section 5. Chapter 13, Title 30, Delaware Code, is amended as follows:
A. §§1324, 1325, 1327, 1328, 1329, 1330, 1331, 1332, 1344, 1345, 1346, 1351, 1352, 1353, 1354 and 1355 are amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
B. §§1327 and 1353 are further amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §§1328, 1332, 1333 and 1343 are amended by striking the words "Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
D. §§1332, 1333, 1346 and 1354 are further amended by striking the words "Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 6. Chapter 15, Title 30, Delaware Code, is amended as follows:
A. §§1503, 1505, 1507, 1508 and 1509 are amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
B. §§1503, 1505 and 1509 are further amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §1507 is further amended by striking the words "Tax Commissioner" and inserting in lieu thereof the words "Secretary of Finance".
Section 7. Chapter 17, Title 30, Delaware Code, is amended as follows:
A. §§1701, 1703 and 1704 are amended by striking the words "Tax Commissioner" and "State Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
B. §§1703 and 1704 are further amended by striking the words "Tax Board" and "State Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
Section 8. Chapter 19, Title 30, Delaware Code, is amended as follows:
A. §1901 is amended as follows:
(1) By striking the sentence " 'Board' shall mean the State Tax Board;" and inserting in lieu thereof a new sentence as follows:
" 'Board' shall mean the Tax Appeal Board;".
(0) By striking the sentence " 'Commissioner' shall mean the State Tax Commissioner;" and inserting in lieu thereof a new sentence as follows
" 'Secretary' and 'Secretary of Finance' shall mean the Secretary of Finance or his duly authorized designee, provided, that any such delegation of authority is consistent with the provisions of Title 29, Delaware Code, Chapter 83;".
B. §§1903 (c), 1904, 1906, 1907, 1908, 1909, 1910, 1911, 1912, 1913, 1914, 1915, 1916 and 1917 are amended by striking the words "Commissioner", "Tax Commissioner" and "State Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary", "Secretary of Finance" and "Secretary of Finance", respectively.
C. §§1908 and 1912 are amended by striking the words "Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
D. §1912 is further amended by striking the words "Tax Department" and "State Tax Department" and inserting in lieu thereof the words "Department of Finance".
Section 9. Chapter 20, Title 30, Delaware Code, is amended as follows:
A. §§2002 and 2004 are amended by striking the words "State Board of Welfare" and "State Tax Board" wherever they appear and inserting in lieu thereof the words "Department of Health and Social Services" and "Tax Appeal Board", respectively.
B. §§2005 and 2006 are amended by striking the words "State Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 10. Chapter 21, Title 30, Delaware Code, is amended as follows:
A. §§2101, 2103, 2104, 2111 and 2118 are amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
B. §§2103, 2108, 2111 and 2114 are amended by striking the words "Tax Commissioner" and "State Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §§2103 and 2108 are further amended by striking the words "Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
. §2118 (a) is further amended by striking the words "and/or the Collector of State Revenue" and "the Collector of State Revenue," where they appear in the first and second sentences, respectively.
Section 11. §§2302 and 2303, Title 30, Delaware Code, is amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
Section 12. Chapter 25, Title 30, Delaware Code, is amended as follows:
A. §§2502 and 2503 are amended by striking the words "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
B. §2502 is further amended by striking the words "State Tax Commissioner" and inserting in lieu thereof the words "Secretary of Finance".
Section 13. Chapter 27, Title 30, Delaware Code, is amended as follows:
A. §2701 is amended by striking the words "State Tax Commissioner" and inserting in lieu thereof the words "Secretary of Finance".
B. §2702 is amended by striking the words "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
Section 14. §§2902, 2903, 2904, 2905, 2906 and 2907, Title 30, Delaware Code, are amended by striking the words "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
Section 15. §§3102, 3103, 3104, 3105 and 3110, Title 30, Delaware Code, are amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
Section 16. Chapter 53, Title 30, Delaware Code, is amended as follows:
A. §5301 (j) is amended by striking said subsection and inserting in lieu thereof a new subsection as follows:
(j) "Department of Finance" or "Department" means the Department of Finance.
B. §5301 (k) is amended by striking said subsection and inserting in lieu thereof a new subsection as follows:
(k) "Secretary of Finance" or "Secretary" means the Secretary of Finance or his duly authorized designee, provided, that any such delegation of authority is consistent with the provisions of Title 29, Delaware Code, Chapter 83.
C. §§5301, 5302, 5308, 5309, 5312, 5313, 5316, 5329 and 5345 are amended by striking the words "Tax Department" and "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
D. §§5302, 5313, 5323, 5325, 5329, 5330 and 5353 are amended by striking the words "Commissioner" and "Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary" and "Secretary of Finance", respectively.
Section 17. Chapter 54, Title 30, Delaware Code, is amended as follows:
A. §§5405, 5406, 5407, 5410 and 5411 are amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
B. §5411 is amended by striking the words "Tax Board" and inserting in lieu thereof the words "Tax Appeal Board".
C. §5413 is amended by striking the words "Certify to the State Treasurer that such tax has been improperly collected. Upon receipt of such certification the State Treasurer".
Section 18. Chapter 5, Title 30, Delaware Code, is amended as follows:
A. §§501, 502, 503 and 505 are repealed.
B. §504 is amended as follows:
(1) By striking the words "Collector of State Revenue" and "Collector" wherever they appear and inserting in lieu thereof the words "Secretary of Finance" and "Secretary", respectively.
(2) By striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
(3) By striking the words "Tax Commissioner" and inserting in lieu thereof the words "Secretary of Finance".
(4) By striking from the third paragraph the words ", which affidavit shall be turned over to the Collector,".
Section 19. §3301, Title 30, Delaware Code, is amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 20. §§3501, 3502, 3503, 3504, 3506 and 3507, Title 30, Delaware Code, are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 21. §§3701, 3702, 3703 and 3704, Title 30, Delaware Code, are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 22. §§3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908 and 3909, Title 30, Delaware Code, are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 23. §§4101, 4102, 4103 and 4104, Title 30, Delaware Code, are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 24. Chapter 51, Title 30, Delaware Code, is amended as follows:
A. §5101 is amended by striking the sentence " 'Highway Department' means the State Highway Department."
B. §§5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5111, 5113, 5114, 5115, 5116, 5117, 5118, 5119, 5120, 5121, 5122, 5123, 5124, 5126, 5127, 5128, 5132, 5134, 5135, 5136, 5137, 5138, 5162, 5163 and 5164 are amended by striking the words "Highway Department" and "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
C. §§5120, 5137, 5162, 5164 and 5165 are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
D. §5131(b) is repealed.
E. §5134 (c) is further amended by striking the word "Highway" where it appears in the second sentence and inserting in lieu thereof the word "Department".
F. §5165 (b) 3. is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of highways and Transportation".
G. §5165 (b) 4. is amended by striking the words "the State Highway Department and" wherever they appear.
Section 25. §3155, Title 19, Delaware Code, is amended by striking the word "Commission" where it appears in the first sentence only and inserting in lieu thereof the words "Department of Finance".
Section 26. §1304, Title 24, Delaware Code, is amended as follows:
A. §1304(a) (1) and (2) are amended by striking the word "superintendent" wherever it appears in those subsections and inserting in lieu thereof the words "Department of Finance".
B. §1304 (b) is repealed.
Section 27. Chapter 5, Title 4, Delaware Code, is amended as follows:
A. §564 is amended by striking the word "Commission" where it appears in the first sentence only and inserting in lieu thereof the words "Department of Finance".
B. §572 is amended by striking the words "the Commission shall return to the legal representative of such deceased person a share of the license fee received" and inserting in lieu thereof the words "the Department of Finance shall return to the legal representative of such deceased person a share of the license fee received by the Department".
C. §581 (a) is amended by striking the words "any alcoholic liquor without paying to the Commissioner a tax on the alcoholic liquor purchased at the following rates —" and inserting in lieu thereof the words "any alcoholic liquor without paying to the Department of Finance a tax on the alcoholic liquor purchased at the following rates—".
Section 28. Chapter 29, Title 24, Delaware Code, is amended as follows:
A. §2905 is amended as follows:
(1) By striking the words "State Treasurer" from the second paragraph and inserting in lieu thereof the words "Secretary of Finance".
(2) By striking the word "Commission" from the first paragraph and inserting in lieu thereof the words "Department of Finance".
(0) By striking from the first paragraph the words "paid to the State Treasurer to be by him".
(1) By striking from the second paragraph the words "on vouchers issued by the proper officer of the Commission and approved by the Auditor of Accounts.".
B. §2908 is amended as follows:
(1) By striking the word "Commission" from the first paragraph only and inserting in lieu thereof the words "Department of Finance".
(2) By adding to the second paragraph a new sentence as follows:
"All fees shall be made payable to the Department of Finance".
Section 29. Chapter 23, Title 19, Delaware Code, is amended as follows:
A. §2391 is amended by striking the words "State Treasurer" in the last sentence and inserting in lieu thereof the words "Secretary of Finance".
B. §2392 is amended by striking the words "Insurance Commissioner" and "Insurance Commissioner of the State of Delaware" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §2392(a) is further amended by striking the last sentence, "Upon receiving payments the Insurance Commissioner shall pay the same to the State Treasurer.".
D. §2392 (c) is further amended by striking the words ", and when so collected he shall pay the same to the State Treasurer." and inserting in lieu thereof a ".".
Section 30. Chapter 5, Title 28, Delaware Code, is amended as follows:
A. §523 is amended by striking the words "pay to the Commission" where they appear in the first and second paragraphs and inserting in lieu thereof the words "pay to the Secretary of Finance".
B. §§529, 530 and 546 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the words "Department of Finance".
C. §555 (a) is amended by striking the words "Commission" in the second sentence and inserting in lieu thereof the words "Secretary of Finance", and by striking the last sentence, "If the Commission finds it correct, it shall transmit the check to the State Treasurer.".
D. §555 (b) is amended by striking the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".
E. §558 is amended by striking the word "Commission" in the first sentence and inserting in lieu thereof the words "Secretary of Finance", and by striking the last sentence, "If the Commission finds such payment correct it shall transmit the check to the State Treasurer.".
Section 31. Chapter 3, Title 28, Delaware Code, is amended as follows:
A. §323 is amended as follows:
(1) By striking from the first paragraph the words "pay to the Commission a fee of $3,000." and inserting in lieu thereof the words "pay to the Secretary of Finance a fee of $3,000.".
(2) By striking from the second paragraph the words "pay to the Commission an additional fee of $2,000." and inserting in lieu thereof the words "pay to the Secretary of Finance an additional fee of $2,000.".
B. §§330 and 347 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the words "Secretary of Finance".
C. §365 is amended by striking the word "Commission" in the second sentence and inserting in lieu thereof the words "Secretary of Finance", and by striking the last sentence, "If the Commission finds the payment to be correct, it shall forthwith transmit the check to the State Treasurer.".
D. §368 is amended by striking the word "Commission" in the first sentence and inserting in lieu thereof the words "Secretary of Finance", and by striking the last sentence, "If the Commission finds such payment correct it shall transmit the check to the State Treasurer.".
Section 32. Chapter 4, Title 28, Delaware Code, is amended as follows:
A. §404 is amended as follows:
(1) By striking from the first paragraph the words "pay to the Commission a fee of $500." and inserting in lieu thereof the words "pay to the Secretary of Finance a fee of $500.".
(2) By striking from the second paragraph the words "pay to the Commission an additional fee of $250." and inserting in lieu thereof the words "pay to the Secretary of Finance an additional fee of $250.".
B. §§411 and 426 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the words "Secretary of Finance".
C. §445 is amended by striking the word "Commission" in the second sentence and inserting in lieu thereof the words "Secretary of Finance", and by striking the last sentence, "If the Commission finds it correct, it shall transmit to the State Treasurer.",
Section 33. Subchapter II, Chapter 3, Title 30, Delaware Code, is amended as follows:
A. §§321, 322, 323, 323A, 324, 326, 327 and 328 are amended by striking the words "Tax Board" and "State Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
B. §§324 and 326 are further amended by striking the words "Tax Commissioner" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §325 is repealed.
D. §§326 and 327 are further amended by striking the words "Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
Section 34. Chapter 27, Title 29, Delaware Code, is amended as follows:
A. §2704 is repealed.
B. §§2702, 2705, 2706, 2707, 2708, 2709, 2710, 2711, 2712 and 2714 are amended by striking the words "State Treasurer" and "Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance" and "Secretary", respectively.
C. §2707 (a) is further amended by striking the words "or his deputy or both".
Section 35. §106, Title 14, Delaware Code, is amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 36. §§3133, 3162, 3163, 3164 and 3166, Title 19, Delaware Code, are amended by striking the words "State Treasurer" wherever it appears and inserting in lieu thereof the words "Secretary of Finance".
Section 37. Chapter 57, Title 29, Delaware Code, is amended as follows:
A. §5701 is amended by striking the words "State Tax Department" and inserting in lieu thereof the words "Department of Finance".
B. §5707(d) is amended by striking the words "Treasurer of the State" and inserting in lieu thereof the words "Secretary of Finance".
Section 38. Chapter 55, Title 29, Delaware Code, is amended as follows:
A. §§5501, 5502, 5503, 5504, 5505, 5507, 5510 and 5562 are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
B. §5506 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 5506. Controversies; hearings; powers
The Board of Pension Trustees shall have the power to settle any controversy that may arise out of the administration of this chapter. The Board of Pension Trustees shall hear and adjudicate such controversy at a time and place convenient to all the parties, after due notice in writing has been given to all interested parties at least 10 days before the date of hearing."
C. §§5544 and 5545 are repealed.
D. §5546 is amended by striking the words "Disability Commission" and "Commission" wherever they appear and inserting in lieu thereof the words "Board of Pension Trustees" and "Board", respectively,
Section 39. Chapter 56, Title 29, Delaware Code, is amended as follows:
A. §5601 is repealed.
B. §§5602, 5603 and 5607 are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §§5602, 5603 and 5607 are further amended by striking the word "Trustees" wherever it appears and inserting in lieu thereof the words "Board of Pension Trustees".
Section 40. Chapter 39, Title 14, Delaware Code, is amended as follows:
A. §3904 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 3904. Application for benefits
Persons qualified to receive any non-disability retirement benefits under this chapter shall make application therefor to the Department of Finance.
Persons qualified to receive any disability pension benefits under this chapter shall make application therefor to the Board of Pension Trustees.
. §3905 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 3905. Investigation of application and eligibility
The Department of Finance and the Board of Pension Trustees shall make investigations in order to determine the eligibility of the applicants or persons entitled to receive benefits under the provisions of this chapter, as provided by law.
A. §3906 is amended as follows:
(1) By striking the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".
(2) By striking the words "State Board of Education" and inserting in lieu thereof the words "Department of Finance and Board of Pension Trustees".
(3) By striking the words ", upon and according to warrants drawn by the Secretary of the Board." and inserting in lieu thereof a ".".
Section 41. Subchapter II, Chapter 83, Title 11, Delaware Code, is amended as follows:
A. §8321 is repealed.
B. §8322 is amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance". §8322 is further amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Public Safety".
C. §§8322, 8323, 8324 and 8326 are amended by striking the word "Board" wherever it appears and inserting in lieu thereof the words "Board of Pension Trustees".
Section 42. §1001, Title 20, Delaware Code, is amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 43. Volume 56, Laws of Delaware, Chapter 250 is amended as follows:
A. Section 2 (f) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(f) 'Board' means the Board of Pension Trustees.".
B. Section 4 is amended as follows:
(1) By repealing subsections (a), (c) and (d).
(2) By striking from subsection (b) the words "The Executive Director of the Commission shall be the State Archivist, who, with the advice and approval of the said Commission," and inserting in lieu thereof the words "The Secretary of Finance".
(3) By striking from subsection (b) the word "Commission" and inserting in lieu thereof the word "Board".
C. Sections 5, 6 and 8 are amended by striking the words "Executive Director", "State Archivist serving as Executive Director" and "State Archivist" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
D. Section 8 is further amended by striking the sentence, "The Commission shall take office on July 1, 1968 and thereafter implement the intent of this Act.".
E. Sections 7, 14 and 16 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Board".
F. Section 9 is amended by inserting after the words "created by this Act" the words "or its successor, the Board of Pension Trustees".
G. Section 14 is amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
Section 44. Chapter 83, Title 29, Delaware Code, is amended by adding a new section as follows:
§ 8317. 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 44 (A). Chapter 83, Title 29, Delaware Code, is amended by striking §8305 (b) (1) (iii) and inserting in lieu thereof a new Subsection (iii) as follows:
(iii) The Employment Security Commission pursuant to the provisions of Title 19, Delaware Code, §3155, except as otherwise vested in the Department of Administrative Services as set forth in Title 29, Delaware Code, Chapter 88.
Section 45. Chapter 83, Title 29, Delaware Code, is further amended as follows:
A. §8304 (a) (5) is amended by adding the words "except the last sentence of subsection (d)," after the number "§6515,".
B. §8304(a) (5) is amended by adding the number "§6517," after the number "§6516,".
C. §8305(a) (1) is amended by adding the number "43," after the number "31,".
D. §8305 (b) (2) (iii) is amended by striking the number "§§2908," and inserting in lieu thereof the numbers "§§2905, 2908,".
E. §8305 (b) (2) (v) is amended by adding the number "529," after the number "§§523,".
Section 45 (A). Section 8308 (d), Title 29, Delaware Code, is amended by adding a new paragraph (3) to said subsection (d), to read as follows:
(3) At least two of the appointed members shall be affiliated with one of the major political parties and at least two of the appointed members shall be affiliated with 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 Board.
Section 46. §§4304, 4305, 4306 and 4307, Title 30, Delaware Code, are amended by striking the words "State Tax Department" wherever they appear and inserting in lieu thereof the words "Department of Finance".
Section 47. Chapter 3, Title 30, Delaware Code, is further amended by striking the words "State Tax Department", "State Tax Board" and "State Tax Commissioner" wherever they appear in Chapter and Subchapter headings and inserting in lieu thereof the words "Department of Finance", "Tax Appeal Board" and "Secretary of Finance", respectively.
Section 48. Chapter 11, Title 12, Delaware Code, is amended as follows:
A. §1102 is amended by striking the words "State Tax Commissioner" and "State Tax Department" wherever they appear and inserting in lieu thereof the words "Secretary of Finance" and "Department of Finance", respectively.
B. §§1107, 1115, 1117, 1120, 1131 and 1132 are amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
C. §§1146, 1147, 1189 and 1190 are amended by striking the words "State Tax Board" wherever they appear and inserting in lieu thereof the words "Tax Appeal Board".
Section 49. 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 this 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 thereby.
Approved July 23, 1970.