CHAPTER 581

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY CREATING A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 88 RELATING TO THE ESTABLISHMENT OF A DEPARTMENT OF ADMINISTRATIVE SERVICES, DEFINING ITS ORGANIZATION, POWERS, DUTIES AND FUNCTIONS 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 88 to read as follows:

CHAPTER 88. DEPARTMENT OF

ADMINISTRATIVE SERVICES.

§ 8801. Establishment of Department of Administrative Services

A Department of Administrative Services is hereby established.

§ 8802. Secretary; Division Directors; Acting Secretary; appointment

(a) The administrator and head of the Department shall be the Secretary of the Department of Administrative Services, 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 $25,000.

(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.

§ 8803. 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 divisions, 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 Buildings who shall be known as the Director of State Buildings, and who shall be qualified by training and experience to perform the duties of his office.

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

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

(4) A Director of the Division of Business and Occupational Regulation who shall be known as the Director of Business and Occupational Regulation, 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 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;

(f) 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. § 8804. Division of State Buildings

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

(1) The Division of State Buildings shall supervise and account for the administration and operation of the communication services provided by the State telephone system, the messenger service and the mail department, heretofore administered by the Secretary of State.

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

(1) The State Building and Grounds Commission pursuant to the provisions of Title 29, Delaware Code, Chapter 31;

(ii) The Custodian of the State House pursuant to the provisions of Title 29, Delaware Code, Chapter 45;

(3) The administrative ministerial, fiscal and clerical functions of the Wilmington Civic Center State Office Building Commission, as established by law, shall be performed by the Division of State Buildings:

(i) Except as otherwise provided in (3) above, the membership, remuneration, organization, meetings, powers, duties and functions of the Wilmington Civic Center State Office Building Commission shall remain as prescribed by law.

§ 8805. Council on State Buildings

(a) There is hereby established the Council on State Buildings.

(b) The Council on State Buildings shall serve in an advisory capacity to the Director of State Buildings and shall consider matters relating to the planning, construction and maintenance of all State buildings and the planning and maintenance of all State lands and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of State Buildings. The Council may 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.

() The Council on State Buildings, upon the effective date of this Chapter, shall be composed of the members of the State Building and Grounds Commission whose terms, as of the effective date of this Chapter, have not expired. Each member of the State Buildings and Grounds Commission shall serve as a member of the Council for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. The Council shall be composed of seven (7) members. The Governor shall appoint new members. The terms of the newly appointed 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) At least three (3), but no more than four (4) of the newly appointed members of the Council shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(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.

(f) 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.

(g) 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.

§ 8806. Division of Purchasing

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

(1) The Division of Purchasing shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Distribution Agency pursuant to the provisions of Title 29, Delaware Code, Chapter 68.

§ 8807. Division of Central Data Processing

(a) The Division of Central Data Processing is hereby established having powers, duties and functions as follows:

(1) The Division of Central Data Processing shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Budget Director and the State Central Data Processing Division pursuant to the provisions of Title 29, Delaware Code, Chapter 66.

§ 8808. Division of Business and Occupational Regulation

(a) The Division of Business and Occupational Regulation is hereby established having powers, duties and functions as follows:

(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the following commissions, board and agencies, shall be performed by the Division of Business and Occupational Regulation:

(i) State Board of Accountancy as set forth in Title 24, Delaware Code, Chapter 1;

(ii) The Delaware Alcoholic Beverage Control Commission as set forth in Title 4, Delaware Code, Chapter 3;

() Board of Examiners and Registration of Architects as set forth in Title 24, Delaware Code, Chapter 3;

(i) State Athletic Commission as set forth in Title 28, Delaware Code, Chapter 1;

(ii) Bingo Control Commission as set forth in Title 28, Delaware Code, Chapter 11;

(iii) State Board of Electrical Examiners as set forth in Title 24, Delaware Code, Chapter 14;

(vii) State Board of Registration for Professional Engineers and Land Surveyors as set forth in Title 24, Delaware Code, Chapter 27;

() Delaware Harness Racing Commission as set forth in Title 28, Delaware Code, Chapter 5;

() The Board of Pilot Commissioners as set forth in Title 23, Delaware Code, Chapter 1;

() Public Service Commission as set forth in Title 26, Delaware Code, Chapter 1;

() Delaware Racing Commission as set forth in Title 28, Delaware Code, Chapter 3;

(i) Delaware Real Estate Commission as set forth in Title 24, Delaware Code, Chapter. 29;

(ii) Board of Trustees of the Delaware Standardbred Development Fund as set forth in Title 28, Delaware Code, Chapter 5, Subchapter V;

(iii) State Bank Commissioner, Bank Advisory Board and Board of Bank Incorporation as set forth in Title 5, Delaware Code, Chapter 1, 3 and 5, respectively;

(2) The Division of Business and Occupational Regulation shall have the power to make and enforce rules and regulations for the conduct of employment agencies heretofore vested in the Employment Security Commission pursuant to the provisions of Title 19, Delaware Code, § 3155.

(3) Except as otherwise provided in this Chapter and Title 29, Delaware Code, § 8305, the membership, remuneration, organization, meetings, powers, duties and functions of the above named commissions, boards, agencies and persons shall remain as prescribed by law.

§ 8809. State Bank Commissioner

(a) The Office of State Bank Commissioner established by the provisions of Title 5, Delaware Code, Chapter 1 is hereby continued.

(b) The Commissioner shall be appointed by the Governor for a term of four (4) years and shall hold office until his successor shall be duly appointed. He shall be a person qualified by training and experience to perform the duties of his office.

(c) The Commissioner shall receive, in full compensation for his services, such salary as shall be fixed by the Governor within such limitations as may be prescribed by law.

(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.

(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of the Governor for the unexpired term.

(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Board of Bank Incorporation pursuant to the provisions of Title 5, Delaware Code.

(g) The Superior Court shall hear all appeals from the decisions or rulings of the State Bank Commissioner respecting the issuance, extension, renewal, suspension and revocation of licenses and certificates to transact business; applications to open a branch office or place of business; applications for a certificate of public convenience and advantage; mergers, consolidations and conversions; and amending of charters or certificates of incorporation.

(1) Any person whose interest is substantially affected by any of the decisions or rulings herein specified in § 8809 (g) of the Commissioner may appeal from any decision or ruling by filing with the Commissioner a notice of appeal. The notice shall be filed within 20 days from the date of notification of the decision or ruling of the Commissioner and shall be signed by the appellant or his attorney. The decision or ruling of the Commissioner shall be stayed pending disposition of the appeal.

(2) Within 30 days from the filing of the notice of appeal with the Commissioner, the appellant shall file with the Superior Court a copy of the notice of appeal, a copy of the decision or ruling of the Commissioner and any record of prior proceedings or other matters relating to the appeal. The Court shall thereafter have complete jurisdiction of the matter.

(3) For the purposes of this section "person" means any bank, building and loan association, trust company, lending institution, savings institution, individual or organization conducting a banking business of any kind or plan which comes within the provisions of Title 5, Delaware Code.

§ 8810. Council on Banking

(a) There is hereby established the Council on Banking.

(b) The Council on Banking shall serve in an advisory capacity to the State Bank Commissioner and shall consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this State and such other matters as may be referred to it by the Governor, Secretary of the Department or State Bank Commissioner. The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate to enable the office of State Bank Commissioner to function in the best possible manner.

(c) The Council on Banking, upon the effective date of this Chapter, shall be composed of the members of the Bank Advisory Board whose terms, as of the effective date of this Chapter, have not expired, with the exception of the State Banking Commissioner whose term as a member of the Bank Advisory Board shall end as of the effective date of this Chapter. Each member of the Bank Advisory Board shall serve as a member of the Council for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. The Council shall be composed of seven (7) members. The Governor shall appoint new members. The terms of the newly appointed 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) At least three (3), but no more than four (4) of the newly appointed members of the Council shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(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.

(f) 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.

(g) 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.

§ 8811. Books, records; access; annual report

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

(b) The Chairmen of the councils of this 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 other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

§ 8812. Exemptions

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

(a) Secretary of Administrative Services;

(b) Director of State Buildings;

(c) Director of Purchasing;

(d) Director of Central Data Processing;

(e) Director of Business and Occupational Regulation;

(f) State Bank Commissioner.

§ 8813. Functions prior to the effective date of this Chapter

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Building and Grounds Commission, the Custodian of the State House, the State Distribution Agency, the State Central Data Processing Division, the State Board of Accountancy, the Delaware Alcoholic Beverage Control Commission, the Board of Examiners and Registration of Architects, the State Athletic Commission, the Bingo Control Commission, the State Board of Electrical Examiners, the State Board of Registration for Professional Engineers and Land Surveyors, the Delaware Harness Racing Commission, the Board of Pilot Commissioners, the Public Service Commission, the Delaware Racing Commission, the Delaware Real Estate Commission, the Board of Trustees of the Delaware Standardbred Development Fund, the State Bank Commissioner, the Bank Advisory Board and the Board of Bank Incorporation immediately prior to the effective date of this Chapter and which are not otherwise hereinabove specifically transferred to the Department by the provisions of this Chapter, excepting only those powers, duties and functions hereinabove expressly vested in or retained by any such person, department, board, commission or agency.

§ 8814. Appeals

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or 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.

§ 8815. 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 employees of any commission, board, department, Council or agency, 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.

(c) All definitions and references to any commission, board, department, council 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 Administrative Services as created and established herein.

(d) 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.

§ 8816. 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.

§ 8817. 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 this Act, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

§ 8818. 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.

§ 8819. 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 Section 1 of this Act shall become effective on the date which the Governor designates in 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, 1971, 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, council, agency or person 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 Administrative Services.

Approved June 22, 1970.