CHAPTER 669
AN ACT AMENDING TITLES 14, 19 AND 29 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF LABOR AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 85.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Chapter 1, Title 19, Delaware Code, is amended as follows:
A. §101 (a) is amended as follows:
(1) By striking the sentence " 'Service' means the State Mediation Service.".
(2) By striking the sentence " 'Commission' means Employment Security Commission.".
(3) By striking the sentence " 'Department' means the Department of Labor and Industrial Relations created and established by section 102 of this chapter." and inserting in lieu thereof a new sentence as follows:
" 'Department' means the Department of Labor.".
(4) By striking the sentence " 'Director' means the Director of the State Mediation Service.".
(5) By striking the sentence " 'Member' means a member of the Department of Labor and Industrial Relations.".
(6) By adding a new sentence as follows:
" 'Secretary' or 'Secretary of Labor' shall mean the Secretary of Labor or his authorized designee, provided, that any such delegation of authority is consistent with the provisions of Title 29, Delaware Code, Chapter 83.".
B. §§102, 103(b), 104, 105, 106, 107, 108, 110, 115(b), 118, 119 and 127 are repealed.
C. §109 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 109. Regulation of Child Labor
The Secretary of Labor may visit and inspect at any time any establishment in this State to ascertain whether any children are employed therein contrary to the provisions of Chapter 5 of this title and the Secretary shall make complaint against and shall prosecute any person violating any of the provisions of such chapter.
D. §§120, 121 and 123 are amended by striking the word "Director" wherever it appears and inserting in lieu thereof the word "Secretary".
E. §125 is amended by striking the words "Department of Labor and Industrial Relations" and inserting in lieu thereof the words "Department of Labor".
Section 2. Chapter 13, Title 19, Delaware Code, is amended as follows:
A. §1301 (f) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(f) 'Department' means the Department of Labor.".
. §1310 is amended by striking the words "State Mediation Service" and inserting in lieu thereof the words "Department of Labor".
Section 3. §4103(c), Title 29, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(c) The Department of Labor shall be responsible for the developing of new and improved employment opportunities and coordination with all other State and local agencies and private organizations in this field. The Governor shall be kept fully appraised by the Department of Labor of all State, local and private activities in the employment development field."
Section 4. Chapter 31, Title 19, Delaware Code, is amended as follows:
A. §3101 (a) is amended by inserting after the word "Delaware" and before the word "is" the words", renamed the Unemployment Insurance Appeal Board (hereinafter referred to as the `Board').".
B. §§3101 (b), 3101(c), 3103, 3104, 3105 and 3106 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Board".
C. §§3102, 3103 and 3105 are amended by striking the words "Commissioner" and "Commissioners" wherever they appear and inserting in lieu thereof the words "Board member" and "Board members", respectively.
D. §3104 is further amended by repealing subsection (b) in its entirety, and by striking from the section heading the words"; executive director and approval officer".
E. §3107, 3108, 3121, 3124 (a) and 3156 are repealed.
F. §3122 is amended by striking the words "The Commission with the advice and aid of the Advisory Council, and through the appropriate divisions," and inserting in lieu thereof the words "The Department of Labor, hereinafter referred to in this chapter as the `Department',".
G. §§3123, 3124(b), 3125, 2126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3134, 3151, 3152, 3153, 3154, 3161, 3162, 3163, 3164, 3165 and 3166 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
H. §§3126(a), 3131, 3164 and 3165 are amended by adding after the words "Secretary of Labor" wherever they appear the words "of the United States".
. §3126 (b) is further amended by striking the words "the Advisory Council" and inserting in lieu thereof the words "the Unemployment Insurance Appeal Board".
A. §§3151, 3165 and 3166 are amended by striking the words "Employment Security Commission" wherever they appear and inserting in lieu thereof the words "Department of Labor".
K. §3155 is amended by striking the word "Commission" where it appears in the second, sixth and seventh sentences only and inserting in lieu thereof the words "Department of Administrative Services".
L. §3166 (b) is further amended by striking the word "Commissioner" and inserting in lieu thereof the words "Secretary of Labor".
Section 5. Chapter 33, Title 19, Delaware Code, is amended as follows:
A. §3302 (6) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(6) 'Department' means the Department of Labor.".
B. §§3302(10), 3302 (11), 3302(15), 3302 (16), 3304, 3305, 3311, 3312, 3313, 3315, 3317, 3318, 3319, 3322 (b), 3325, 3342, 3343, 3345, 3350, 3350, 3351, 3352, 3353, 3354, 3355, 3357, 3358, 3359, 3361, 3362, 3364, 3365, 3372, 3373, 3381 and 3384 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
C. §§3305, and 3360 are amended by striking the words "Employment Security Commission" wherever they appear and inserting in lieu thereof the words "Department of Labor".
D. §3305 is further amended by adding after the words "Secretary of Labor" wherever they appear the words "of the United States".
E. §3320 is amended as follows:
(1) By striking the word "Commission" where it appears in the first, third, fourth and fifth sentences and inserting in lieu thereof the word "Unemployment Insurance Appeal Board".
(0) By striking the word "Commission" where it appears in the second sentence and inserting in lieu thereof the word "Department".
F. §§3321, 3322 (a), 3323 and 3324 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the words "Unemployment Insurance Appeal Board".
G. §3344 is amended as follows:
(1) By striking subsection (a) in its entirety and inserting in lieu thereof a new subsection as follows:
(a) The Department may delegate to a suitable employee of the Department the power to make preliminary determinations on all questions relating to the liability of employing units for the assessments mentioned in this subchapter, but such administrative rulings shall be subject to the review of the Unemployment Insurance Appeal Board if the employing unit affected thereby appeals to such Board. Such appeals shall be taken within 15 days from the date of the rendering of the administrative ruling. The person taking the appeal shall be designated as the complainant. The Board shall hear such appeals within a reasonable time.
(2) By striking from subsections (b), (c) and (e) the word "Commission" wherever it appears and inserting in lieu thereof the words "Unemployment Insurance Appeal Board".
H. §3350 (1) is amended by striking the words "State Board of Vocational Education" and inserting in lieu thereof the words "Department of Labor".
I. §§3361 and 3367 are amended by striking the words "its Executive Director" and "the Executive Director" wherever they appear and inserting in lieu thereof the words "the Secretary of Labor of the State of Delaware".
Section 6. Chapter 5, Title 19, Delaware Code, is amended as follows:
A. §§501, 512, 517, 541, 542, 544, 545 and 546 are amended by striking the words "Labor Commission", "Labor Commission of Delaware" and "Commission" wherever they appear and inserting in lieu thereof the words "Department of Labor", "Department of Labor" and "Department", respectively.
B. §§514, 531 and 541 are amended by striking the words "State Child Labor Inspector" wherever they appear and inserting in lieu thereof the words "Department of Labor".
Section 7. Chapter 2, Title 19, Delaware Code, is amended as follows:
A. §§202, 204(b) and 205 are repealed.
B. §§204 (a) and (c) are amended by striking the word "Council" wherever it appears and inserting in lieu thereof the words "Department of Labor".
C. §204 (a) (2) is amended by striking the words", subject only to the approval of the Chairman of the Department of Labor and Industrial Relations,".
D. §204 (a) (5) is amended by striking the words", the State Board for Vocational Education,".
E. §204 (a) (6) is amended by striking the words", local school boards, and the Chairman of the Department of Labor and Industrial Relations" and inserting in lieu thereof the words "and local school boards."
. §206 is amended as follows:
(1) By striking the words "Director " and "Director of Apprenticeship and Training" and inserting in lieu thereof the words "Department of Labor".
(2) By striking the word "His" in the second sentence and inserting in lieu thereof the word "Its".
(3) By striking from subsection (h) the words "and informing the Council periodically as to the results." and inserting in lieu thereof a ". ".
Section 8. §711, Title 19, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 711. Jurisdiction; complaints; rules and regulations
The Department of Labor shall have jurisdiction over the subject of employment practices and discrimination made unlawful by this subchapter; provided, however, that any complaint that there has been a violation of section 710 of this title must be filed with the Department of Labor within 90 days after the alleged act of violation. The Department shall make such rules and regulations as may be necessary to effectuate the purposes of this subchapter.".
Section 9. Chapter 8, Title 19, Delaware Code, is amended as follows:
A. §§802, 803 and 904 are amended by striking the words "Department of Labor and Industrial Relations" wherever they appear and inserting in lieu thereof the words "Department of Labor".
B. §804 is further amended by striking the words "Director of Mediation Service of the Department of Labor and Industrial Relations" and inserting in lieu thereof the words "Secretary of Labor".
Section 10. §901(a), Title 19, Delaware Code, is amended by striking the words "Department of Labor and Industrial Relations" and inserting in lieu thereof the words "Department of Labor".
Section 11. §1101(a) (1), Title 19, Delaware Code, is amended by striking the words "Department of Labor and Industrial Relations" and inserting in lieu thereof the words "Department of Labor".
Section 12. §2105, Title 19, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 2105. Secretary and other employees; compensation
(a) The Department of Labor may appoint a Secretary for the Board at a salary of not more than $6,000 per year, and may remove the Secretary with or without cause, and appoint a successor. The Secretary shall not be permitted to receive any salary from any other public office.
() The Department of Labor may also employ such clerical and other assistants as it deems necessary for the Board, and fix the compensation of all persons so employed."
Section 13. Chapter 33, Title 14, Delaware Code, is amended as follows:
"Board" wherever they appear and inserting in lieu thereof the words "Department of Labor", "Department" and "Department", respectively.
B. §3302 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 3302. Vocational rehabilitation
In order to provide for the vocational rehabilitation of disabled persons the Department of Labor shall have under its direction and control a division for the vocational rehabilitation and placement in remunerative employment of persons whose capacity to earn a living is or has been destroyed or impaired.
Section 14. Chapter 13, Title 19, Delaware Code, is amended as follows:
A. §1301 (f) is amended by striking the words "Department of Labor and Industrial Relations" and inserting in lieu thereof the words "Department of Labor".
B. §1310 is amended by striking the words "State Mediation Service" wherever they appear and inserting in lieu thereof the words "Department of Labor".
Section 15. Chapter 85, Title 29, Delaware Code, is amended by adding a new section as follows:
§ 8525. 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 16. 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 6. 1970.