CHAPTER 740
AN ACT AMENDING TITLES 4, 5, 19, 23, 24, 26, 28 AND 29 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 88.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Chapter 31, Title 29, Delaware Code, is amended as follows:
A. §§ 3101, 3102, 3103 and 3104 are repealed.
B. §§ 3105 (6), 3106, 3107, 3109 and 3110 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
C. § 3105 is further amended by striking the words "The Commission shall—" and inserting in lieu thereof the words "The Department of Administrative Services, hereinafter referred to in this chapter as the "Department", shall—".
D. § 3105 (5) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
(5) Consider and determine the effect landscaping and maintenance of lands might have on the appearance of building and grounds.
E. § 3106 (2) is amended by striking the words "they" and "their" and inserting in lieu thereof the words "it" and "its", respectively.
Section 2. Chapter 45, Title 29, Delaware Code, is amended as follows:
A. §§ 4501 and 4504 are repealed.
B. §4502 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 4502. Duties
The Secretary of Administrative Services shall have general charge of the State House and administration buildings and shall see that the same are properly cared for. He shall assign all rooms in the State House and administration buildings for such uses and purposes as he may designate.
C. § 4503 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 4503. Appointments; duties; police powers
(a) The Secretary of Administrative Services shall appoint persons who shall —
(1) Care for the property belonging to this State;
(2) Keep clean and in good order all the rooms, offices, apartments, library and furniture, halls, stairways and cellars in the buildings;
(3) Attend to the heating of the same;
(4) Look after the pavements and grounds attached thereto; and
(5) Perform the duties and do any all things directed to be done by the Secretary of Administrative Services.
(b) For the purpose of enforcing this section, the Secretary of Administrative Services and the persons appointed by the Secretary pursuant to subsection (a), above, shall be clothed with all the powers of a police officer of the City of Dover.
Section 3. Chapter 68, Title 29, Delaware Code, is amended as follows:
A. § 6801 is amended by striking the words " 'Distribution Agency' or 'Agency' means the State Distribution Agency." and inserting in lieu thereof the words " 'Department' means the Department of Administrative Services.".
B. §§ 6802, 6803, 6804, 6805, 6806 and 6807 are repealed.
C. §§ 6808, 6809, 6810, 6811, 6812 and 6813 are amended by striking the words "Distribution Agency" and "State Distribution Agency" wherever they appear and inserting in lieu thereof the words "Department" and "Department of Administrative Services", respectively.
D. § 6808 (2) is amended by striking the words "through the Director".
E. § 6811 is further amended by striking the word "Director" and inserting in lieu thereof the words "Secretary of Administrative Services".
F. § 6813 is amended by striking the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".
Section 4. Chapter 66, Title 29, Delaware Code, is amended as follows:
A. § 6601 is amended by striking from the last sentence the words "under the Budget Director, a division of state government to be known as the State Central Data Processing Division; and for the purposes of this Act the term 'division' shall be construed to mean 'State Central Data Processing Division'." and inserting in lieu thereof the words "within the Department of Administrative Services, a division of state government to be known as the Division of Central Data Processing; and for the purposes of this chapter the term 'Department' shall be construed to mean the Department of Administrative Services."
13. §§ 6602, 6603, 6604 and 6605 are amended by striking the words "Budget Director" wherever they appear and inserting in lieu thereof the words "Secretary of Administrative Services."
C. § 6603 is amended by striking from the third paragraph the words "is authorized to purchase, lease or rent data processing equipment in the name of the division" and inserting in lieu thereof the words "is authorized to purchase, lease or rent data processing equipment in the name of the Department".
D. § 6606 is amended by striking the word "director" from the second sentence only and inserting in lieu thereof the words "Secretary of Administrative Services".
Section 5. Chapter 3, Title 4, Delaware Code, is amended as follows:
A. § 304 (9) is repealed,
B. § 304 is further amended by adding a new paragraph at the end of said section as follows:
"The Department of Administrative Services shall appoint, employ or dismiss every officer or employee necessary for carrying out the work of the Commission, fix their salaries or remunerations, and assign them their official titles and duties, and engage the services of experts and of persons engaged in the practice of a profession. All officers and employees appointed by the Department of Administrative Services shall have the police powers of constables and other police officers of the State, counties and other subdivisions of the State and they shall be conservators of the peace throughout the State and may suppress all acts of violence and enforce the provisions of this title."
. § 305 is amended by striking the words "appointed by the Commission to any position," and inserting in lieu thereof the words "appointed by the Department of Administrative Services to work for the Commission".
A. § 306 is amended by striking the words "appointed to any position by the Commission" and inserting in lieu thereof the words "appointed to any position by the Department of Administrative Services", and by inserting after the words "directed by the Commission" the words "or the Department of Administrative Services".
B. § 307 (a) is amended by inserting after the words "nor any employee of" the words "the Department of Administrative Services who works for".
C. § 307 (b) is amended by inserting after the words "nor any employee of" the words "the Department of Administrative Services who works for".
Section 6. Chapter 1, Title 28, Delaware Code, is amended as follows:
A. § 116 (a) is amended by striking the word "Commission" and inserting in lieu thereof the words "Department of Administrative Services".
B. § 116 (b) is amended by striking the words "The Commission may appoint" and inserting in lieu thereof the words "The Department of Administrative Services may appoint".
C. § 116 (c) is amended by inserting after the words "Commission" wherever it appears the words "or the Department of Administrative Services".
D. § 117 (a) is amended by striking from the second paragraph the sentence, "All expenses of the Commission shall be paid by the State Treasurer out of funds appropriated by the General Assembly for such purpose upon warrants signed by the chairman and secretary of the Commission and approved by the State Auditor".
Section 7. § 1121 (b), Title 28, Delaware Code, is amended by striking the words "The Commission may engage" and inserting in lieu thereof the words "The Department of Administrative Services may engage".
Section 8. § 1407 (b), Title 24, Delaware Code, is amended by striking from the third paragraph only the word "Board" wherever it appears and inserting in lieu thereof the words "Department of Administrative Services".
Section 9. § 2707, Title 24, Delaware Code, is amended by striking from the fifth paragraph the words "The Board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures of this fund for any purpose which in the opinion of the Board" and inserting in lieu thereof the words "The Department of Administrative Services may employ such clerical or other assistants as are necessary for the proper performance of the Board's work, and may make expenditures of this fund for any purpose which in the opinion of the Department of Administrative Services".
Section 10. § 507, Title 28, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 507. Employees
The Department of Administrative Services may appoint such officers, clerks, stenographers, inspectors and such other employees as it deems necessary. No person shall be appointed to or hold any such office or position who holds any official relation to any association or corporation engaged in or conducting harness horse racing within this State".
Section 11. § 103, Title 23, Delaware Code, is amended by striking the words "Board of Pilot Commissioners" and inserting in lieu thereof the words "Department of Administrative Services".
Section 12. Chapter 1, Title 26, Delaware Code, is amended as follows:
A. § 102 (a) is amended as follows:
(1) By striking the words "shall consist of 5 members each of whom" and inserting in lieu thereof the words "shall consist of 6 members, 5 of whom".
(2) By adding a new sentence as follows:
"The sixth member shall be the Secretary of Highways and Transportation, who shall serve ex-officio on the Commission as a non-voting member.".
B. § 107 is amended by striking the words "The Commission may appoint" and inserting in lieu thereof the words "The Department of Administrative Services may appoint".
Section 13. § 307, Title 28, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 307. Employees
The Department of Administrative Services may appoint such officers, clerks, stenographers, inspectors, experts and employees as it deems necessary. No person shall be appointed to or hold any such office or position who holds any official relation to any association or corporation engaged in or conducting racing within this State.".
Section 14.§ 2921, Title 24, Delaware Code, is amended by striking the words "State Tax Department" and "office of the State Tax Department" and inserting in lieu thereof the words "Department of Finance".
Section 15. § 568, Title 28, Delaware Code, is amended by striking the words "Budget Director" and inserting in lieu thereof the words "Department of Finance".
Section 16. Chapter 1, Title 5, Delaware Code, is amended as follows:
A. § 102 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:
§ 102. Bond
The State Bank Commissioner shall give bond to the State in the sum of $50,000, for the faithful performance of his duties.
B. § 103 (a) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(a) The Secretary of Administrative Services may appoint not more than two deputies and may employ such personnel as shall be necessary for making examinations of and giving adequate supervision over the corporations under the jurisdiction of the State Bank Commissioner. The Commissioner shall lend such aid and counsel to the officers and directors of said corporations as the situation or the circumstances may require, and in general, properly conduct the affairs of his office and discharge in a proper manner the duties imposed upon him by law.".
C. § 103 (b) is amended by striking the word "Commissioner." and inserting in lieu thereof the words "Secretary of Administrative Services as provided by law.".
D. § 103 (d) is amended by striking the words "Commissioner." and inserting in lieu thereof the words "Secretary of Administrative Services.".
E. §§ 104, 105, 124 and 125 (a) are amended by striking the words "his appointees" and "his deputies" wherever they appear and inserting in lieu thereof the words "the employees who work for the Commissioner".
F. § 104 is further amended by striking the words "and examiners" from the first sentence thereof. § 104 is further amended by striking from the second sentence thereof the word "Commissioner" and inserting in lieu thereof the words "Secretary of Administrative Services".
G. § 105 is further amended by striking the words "and other appointees" from the second sentence thereof.
. § 105 is further amended by striking the words "presented to him by the Commissioner." and inserting in lieu thereof the words "presented to him by the Commissioner or the Secretary of Administrative Services.".
. § 105 is further amended by striking the words "State Treasurer" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".
A. § 125 (c) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(c) If the Commissioner or any of the employees who work for the Commissioner disclose anything relative to the private accounts or transactions of any institution examined, or disclose any facts and information discovered in the course of the examination, or retain in their private possession, or remove from the office of the Commissioner, copies of any letters, papers, accounts, books or records disclosing such facts and information, except as provided in section 124 of this title and this section, whether during their term of office or employment or thereafter, they shall be subject to forfeiture of their office or employment, and may be fined not more than $1,000, or imprisoned not more than two years, or both.".
I. § 133 is amended as follows:
(1) By striking the words "The Commissioner may employ such persons outside the regular force in the State Banking Department as he deems necessary or proper to assist him" and inserting in lieu thereof the words "The Secretary of Administrative Services may employ such persons outside the regular force in the State Banking Department as the Secretary deems necessary or proper to assist the Commissioner.".
(2) By striking from the second sentence the words "his agents and assistants" and inserting in lieu thereof the words "the persons".
J. § 134 is amended by striking the words "employed by the Commissioner in the performance of his duties as receiver" and "employed by the Commissioner for the purpose of such possession".
Section 17. Chapters 3 and 5 respectively of Title 5, Delaware Code, are repealed.
Section 18. § 3155, Title 19, Delaware Code, 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".
Section 19. Chapter 7, Title 5, Delaware Code, is amended as follows:
A. §§ 724, 725, 726, 729, 730, 731, 733, 749, 750 and 770 are amended by striking the words "Board of Bank Incorporation" and "Board" wherever they appear and inserting in lieu thereof the words "State Bank Commissioner" and "Commissioner", respectively.
B. § 750 is amended by striking from the last sentence the words "by the Board and also shall have been approved".
C. §783 is amended by striking the words "by the Board of Bank Incorporation and".
D. §784 is amended as follows:
(1) By striking from subsection (a) (4) the words "the Board of Bank Incorporation,".
(0) By striking from subsection (a) (6) the words "the Board of Bank Incorporation and".
(1) By striking from subsection (a) (6) the words "them" and "their" and inserting in lieu thereof the words "him" and "his", respectively.
(2) By striking from subsection (b) the words "to the Board of Bank Incorporation with a copy thereof".
(3) By striking from subsection (c) the words "Board of Bank incorporation" and inserting in lieu thereof the words "State Bank Commissioner".
(4) By striking from subsection (c) the words "the Board and" and "Board and the" from the first and second sentences, respectively.
(7) By striking subsection (d) in its entirety and inserting in lieu thereof a new subsection as follows:
"(d) If the State Bank Commissioner disapproves an agreement, he shall state the objections thereto and give an opportunity to the merging banks to amend the merger agreement to obviate such objections.".
E. §785 is amended by striking the words "by the Board of Bank incorporation and".
F. §§786 (a) and 790 are amended by striking the words "the Board of Bank Incorporation and "wherever they appear.
G. §786 (b) is amended by striking the words "the Board of Bank Incorporation and with".
H. §789 is amended by striking the words "neither the Board of Bank Incorporation nor".
Section 20. §933 (a), Title 5, Delaware Code, is amended by striking the words "Board of Bank Incorporation" and "Board" wherever they appear and inserting in lieu thereof the words "State Bank Commissioner" and "Commissioner", respectively.
Section 21. §2006, Title 5, Delaware Code, is amended by striking from the last paragraph the words "within thirty days after the Secretary of State sends them notice of the disapproval of their articles of merger, consolidation or conversion, appeal from such disapproval to the Governor, who shall hear such appeal promptly, and shall, within thirty days thereafter, decide the matter and certify his decision to the State Bank Commissioner. The decision of the Governor shall be conclusive and not subject to review. The State Bank Commissioner shall act in accordance therewith." and inserting in lieu thereof the words "appeal from such disapproval as provided by law in Title 29, Delaware Code, §8809.".
Section 22. §2301 (b), Title 5, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(b) After any refusal by the Commissioner to approve an application for license, the person aggrieved may appeal from such refusal as provided by law in Title 29, Delaware Code, §8809.".
Section 23. §2505, Title 5, Delaware Code, is amended by striking from the last sentence the words "and an opportunity for a hearing shall be afforded." and inserting in lieu thereof the words "and an opportunity for appeal shall be afforded as provided by law in Title 29, Delaware Code, §8809.".
Section 24. §2725 (a), Title 5, Delaware Code is amended by striking from the last sentence the words "public interest." and inserting in lieu thereof the words "public interest, notwithstanding the provisions set forth in Title 29, Delaware Code, §8809 (g).".
Section 25. Chapter 29, Title 5, Delaware Code, is amended as follows:
A. §2902 (f) is amended by striking the words "a review thereof in the same manner as under the provisions of section 2903 (d) of this title." and inserting in lieu thereof the words "an appeal from such refusal as provided by law in Title 29, Delaware Code, §8809.".
B. §2903 (d) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:
"(d) Any person aggrieved by any suspension or revocation of a license may appeal from such suspension or revocation as provided in Title 29, Delaware Code, §8809. The 20 day time period referred to in Title 29, Delaware Code, §8809 (g) (1) shall not commence to run until the expiration of the 30 day time period referred to in subsection (c), above.".
Section 26. Chapter 88, Title 29, Delaware Code, is amended by adding a new section as follows:
§ 8820. 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 27. 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.