CHAPTER 382

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY CREATING A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 82 RELATING TO THE ESTABLISHMENT OF A DEPARTMENT OF PUBLIC SAFETY, DEFINING ITS ORGANIZATION, POWERS, DUTIES AND FUNCTIONS AND PROVIDING FOR THE TRANSFER OF MATERIALS AND EQUIPMENT TO SAID DEPARTMENT FROM VARIOUS STATE AGENCIES AND PROVIDING A SUPPLEMENTARY APPROPRIATION TO THE GOVERNOR TO IMPLEMENT THE PROVISIONS OF THIS ACT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29,' Delaware Code, is hereby amended by adding a new Chapter thereto to be designated as Chapter 82 to read as follows:

CHAPTER 82. DEPARTMENT OF PUBLIC SAFETY

§ 8201. Establishment of Department of Public Safety

A Department of Public Safety is established.

§ 8202. Secretary, Division Directors; Acting Secretary; appointment

(a) The administrator and head of the Department shall be the Secretary of the Department of Public Safety, who shall be a person qualified by training and experience to perform the duties of his office and preference shall be given to a resident of this State provided that he is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. He shall be paid an annual salary not in excess of $30,000.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of his successor, the Governor may appoint the director of any division of the Department to serve as Acting Secretary. The Secretary may, during his absence from the State, appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during his absence or incapacity or until his successor is duly qualified and appointed.

§ 8203. Powers, duties and functions of the Secretary

The Secretary shall have the following powers, duties and functions:

(a) To supervise, direct and account for the administration and operation of the Department, its division, subdivisions, offices, functions and employees;

(b) To appoint, and fix the salary of, with the written approval of the Governor, the following division directors, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary;

(1) A Director of the Division of State Police, who shall be known as the Superintendent of State Police and shall hold the rank of Colonel. The Superintendent of State Police shall be qualified by training and experience to perform the duties of his office. He shall be chosen from among the ranks of the State Police and shall have been promoted through the normal promotional policies of the State Police. The Superintendent of State Police serving at the date of the enactment of this statute shall be appointed Director of the Division of State Police and shall continue in that capacity until the date of his retirement.

(2) A Director of the Division of Boiler Safety who shall be known as the Director of Boiler Safety and who shall be qualified by training and experience to perform the duties of his office.

(3) A Director of the Division of Civil Defense, who shall be known as the Director of Civil Defense, and who shall be qualified by training and experience to perform the duties of his office.

(4) A Director of the Division of Motor Vehicles, who shall be known as the Director of Motor Vehicles, and who shall be qualified by training and experience to perform the duties of his office.

(0) An administrator and head of the Office of Intergovernmental Services, who shall be known as the Chief of Intergovernmental Services, and who shall be qualified by training and experience to perform the duties of his office.

(c) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(d) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(e) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Title 29, Delaware Code, Chapter 25;

() To delegate any of his powers, duties or functions to a director of a division except his power to remove employees of the Department or to fix their compensation;

(g) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by him and which are not inconsistent with the laws of this State;

(h) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

() To adopt an official seal or seals for the Department.

§ 8204. Office of Intergovernmental Services

(a) The Office of Intergovernmental Services is hereby established having powers, duties and functions as follows:

(1) The Office of Intergovernmental Services shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The Delaware Police Training Commission pursuant to Title 11, Delaware Code, Chapter 84;

(ii) The State Highway Department, the State Highway Commission, the State Police, the Superintendent of the State Police, and the State Communications Division pursuant to the provisions of Title 17, Delaware Code, Chapter 16.

(2) In addition to the foregoing powers, duties and functions, the office of Intergovernmental Services shall have such other powers, duties and functions as may be assigned to it by the Secretary of the Department, including the administration, operation, planning and coordination of services, programs and functions which are common to or performed by law enforcement agencies and other public safety- agencies at the state, county and local levels of government.

§ 8205. Council on Police Training

(a) There is hereby established the Council on Police Training.

() The Council on Police Training shall serve in an advisory capacity to the Chief of Intergovernmental Services and shall consider matters relating to police training and such other matters as may be referred to it by the Governor, Secretary of the Department, or Chief of the Office of Intergovernmental Services. The Council may study, research, plan and advise the Chief, the Secretary and the Governor on matters it deems appropriate to enable the Office of Intergovernmental Services to function in the best possible manner.

(c) The Council on Police Training, upon the effective date of this Chapter, shall be composed of the members of the Delaware Police Training Commission pursuant to the provisions of Title 11, Delaware Code, Chapter 84, whose terms, as of the effective date of this Chapter, have not expired. They shall serve as members of the Council on Police Training for the period of their unexpired term. Thereafter, the qualifications, terms, manner of appointment and all other circumstances relating to the composition of the Council shall be the same as those provided by Title 11, Delaware Code, Chapter 84.

§8206. Division of State Police

(a) The Division of State Police is hereby established having powers, duties and functions as follows:

(1) The Division of State Police shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The State Highway Department, the State Highway Commission, the State Police, and the Superintendent of the State Police, pursuant to the provisions of Title 11, Delaware Code, Chapter 83, Subchapter 1;

(ii) The State Highway Department, the State Highway Commission, the State Police, the Superintendent of the State Police, and the State Bureau of Identification, pursuant to the provisions of Title 11, Delaware Code, Chapter 85.

§ 8207. Division of Motor Vehicles

(a) The Division of Motor Vehicles is hereby established having powers, duties, and functions as follows:

(1) The Division of Motor Vehicles shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The State Highway Department, the State Highway Commission, the Motor Vehicle Department and the Motor Vehicle Commissioner, pursuant to the provisions of Title 21, Delaware Code, Chapters 1, 3, 7, 21, 23, 25, 27, 29, 41, 42, 43, 44, 61, 63, 65, 67, 80, and 81.

(iii) The Motor Vehicle Commissioner pursuant to the provisions of Title 21, Delaware Code, Chapter 45 except § 4505 thereof.

(2) The Reciprocity Commission pursuant to the provisions of Title 21, Delaware Code, Chapter 4. The Director of Motor Vehicles shall have the authority to make any necessary agreements pursuant thereto, with the approval of the Secretary.

§ 8208. Division of Civil Defense

(a) The Division of Civil Defense is hereby established having powers, duties and functions as follows:

(1) The Division of Civil Defense shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Civil Defense, pursuant to the provisions of Title 20, Delaware Code, Chapters 31, and 33.

§ 8209. Council on Civil Defense

(a) There is hereby established the Council on Civil Defense.

(b) The Council on Civil Defense shall serve in an advisory capacity to the Director of Civil Defense and shall consider matters relating to preparation for and carrying out of all emergency functions other than functions for which military forces or other Federal Agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood or other causes upon the Governor's declaration that an emergency exists, and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Civil Defense. The Council may also study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Civil Defense, upon the effective date of this Chapter, shall be composed of seven (7) members appointed by the Governor. The terms of the members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years.

(d) No more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

() A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

§ 8210. Division of Boiler Safety

(a) The Division of Boiler Safety is hereby established having powers, duties and functions as follows:

(1) The Division of Boiler Safety shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The Board of Boiler Rules, pursuant to the provisions of Title 16, Delaware Code, Chapter 85.

§ 8211. Council on Boiler Safety

(a) There is hereby established the Council on Boiler Safety.

(b) The Council on Boiler Safety shall serve in an advisory capacity to the State Fire Marshal and shall consider matters relating to the sale, operation, construction and use of boilers in the State of Delaware and such other matters as may be referred to it by the Governor, Secretary of the Department or the State Fire Marshal. The Council may study, research, plan and advise the State Fire Marshal, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Boiler Safety, upon the effective date of the Chapter, shall be composed of the members of the Board of Boiler Rules whose terms, as of the effective date of this Chapter have not expired, Each member shall serve as a member of the Council on Boiler Safety for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. When the number of the members has been reduced to less than five (5) by reason of expiration of terms, resignations, death or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first appointee shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next two (2) appointees shall serve for a term of three (3) years. Thereafter all new appointees shall serve for a term of three (3) years. The Council shall be composed of five (5) members and preferably one shall be a professor of mechanical engineering; another, a manufacturer who shall have been actively engaged in the manufacture of boilers; another, a user of boilers; another, a mechanical engineer; and the fifth, a licensed stationary engineer.

(d) No more than three (3) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

() A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(a) Any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 8212. Governor's Council on Public Safety

(a) There is hereby established the Governor's Council on Public Safety.

(b) The Governor's Council on Public Safety shall be composed of seven (7) members, the following five (5) of which shall be ex officio; the Chairman of the State Fire Prevention Commission, the Chairman of the Council on Police Training, the Chairman of the Council on Boiler Safety, the Chairman of the Council on Civil Defense and a retired member of the State Police who attained the rank of Captain or higher. In addition to the foregoing ex officio members, the Governor shall appoint two (2) other members. The terms of the members other than the ex officio members shall be staggered. The first appointee shall serve for a term of two (2) years, and the other appointee shall serve for a term of three (3) years. Thereafter, said appointees shall serve for a term of three (3) years. Any new appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term shall be filled only for the remainder of that term. One member of the Council shall be designated by the Governor as Chairman of the Governor's Council on Public Safety and he shall serve as such at the pleasure of the Governor.

() The Governor's Council on Public Safety shall advise, recommend and refer to the Secretary of the Department matters which, in its opinion, are of departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department. The Council may study, research, plan and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner.

(a) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

§ 8213. Books, records; access; annual report

(a) The Governor's Council on Public Safety shall have access to all books, records, reports and other documents relating to the Department of Public Safety unless otherwise prohibited by law.

() The various councils of the divisions of the Department of Public Safety shall have access to all books, records, reports, and other documents relating to their respective divisions unless otherwise prohibited by law.

(a) The Chairman of the Governor's Council on Public Safety and chairmen of the councils of the divisions of the Department shall make an annual report of the activities of each of said councils to the Secretary of the Department, the Governor and the General Assembly and render such reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

§ 8214. Exemptions

The following positions set forth in this Act shall be exempt from the provisions of Title 29, Delaware Code, Chapter 59;

(1) Superintendent of State Police;

(2) Director of Boiler Safety;

(3) Director of Civil Defense;

(4) Director of Motor Vehicles;

(5) Chief of Intergovernmental Services.

§ 8215. Functions prior to effective date of this chapter

The Department, through appropriate division, subdivisions, and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the State Police Division of the State Highway Department, the Superintendent of the State Police, the State Communications Division, the State Bureau of Identification, the Motor Vehicle Division of the State Highway Department, the Motor Vehicle Commissioner, the Delaware Police Training Commission, the Department of Civil Defense and the Board of Boiler Rules immediately prior to the effective date of this Chapter and which are not otherwise hereinabove specifically transferred to the Department by the provisions of the Chapter.

§ 8216. Appeals

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any functions hereby transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

§ 8217. Transfers and continuity

(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function hereby transferred to the Department shall on the effective date of this Chapter be delivered into the custody of the Department. All investigations, petitions, hearings, and legal proceedings pending before or instituted by any agency from which functions are hereby transferred and not concluded prior to the effective date of this Chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this Chapter and where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are hereby transferred and governing such functions and which are in effect upon the effective date of this Chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function hereby transferred to the Department and being in force on the effective date of this Chapter shall, notwithstanding the provisions of this Chapter, remain in full force and effect and be performed by the Department.

(b) All persons in the custody or under the jurisdiction or control of the Superintendent of the State Police or the State Police Division of the State Highway Department on the effective date of this Chapter, are hereby transferred to the custody and jurisdiction of the Department.

(c) The Department shall succeed to the custody and control of all monies and personal property held by the State Police Division of the State Highway Department, the Superintendent of the State Police, the Motor Vehicle Division of the State Highway Department and the Motor Vehicle Commissioner belonging to persons under their jurisdiction.

(d) All employees of any commission, board, department, authority or agency shall, to the extent that the same are consistent with this Chapter and in connection with a function hereby transferred to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this Chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this Chapter.

(e) All definitions and references to any commission, board, department, authority or agency which appear in any other Act or law shall, to the extent that the same are consistent with this Chapter and in connection with a function hereby transferred to the Department, be construed as referring and relating to the Department of Public Safety as created and established herein.

() All definitions and references to any director, commissioner, executive secretary, commission, board, or council member or other similar person which appear in any other Act or law shall, to the extent that same are consistent with this Chapter, and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created herein.

§ 8218. Annual Report

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

§ 8219. Misnomer of Department in donation

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing, that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by the provisions of the Act, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

§ 8220. Budgeting and Financing

The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the Annual Appropriation and any other funds appropriated by-the General Assembly.

Special funds may be used in accordance with approved programs, grants and appropriations.

§ 8221. Severability

If any provision of this Chapter, 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 Chapter and the application of such provisions of this Chapter 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.

Section 2. The provisions of this Act shall become effective on the date the Governor signs an executive order stating that he has found it administratively feasible to implement this Act or on January 1, 1971, whichever first occurs.

Section 3. The sum of Fifty Thousand Dollars ($50,000) is hereby appropriated to the Governor for the fiscal year ending June 30, 1970 for the purposes of implementing the provisions of this Act. This appropriation shall be considered as a supplementary appropriation and shall be paid out of funds not otherwise appropriated and any portion thereof which is unexpended or unencumbered as of June 30, 1971 shall revert to the General Fund.

Section 4. Any sums appropriated to any board, commission, department, division, council or agency affected by this Act and which, upon the effective date of this Act, are unencumbered or unexpended shall be and are hereby appropriated and transferred to the Department of Public Safety.

Approved April 22, 1970.