CHAPTER 582

AN ACT AMENDING TITLE 29, DELAWARE CODE, CHAPTERS 49, 59, 62 AND 63 PROVIDING FOR THE REORGANIZATION OF THE DELAWARE PLANNING ACT, THE PERSONNEL COMMISSION, THE PERSONNEL DIRECTOR, THE CAPITAL INVESTMENT FUND AND THE BUDGET COMMISSION.

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

Section 1. Chapter 49, Title 29, Delaware Code, is amended as follows:

A. § 4905 (b) (3) is amended by striking the words "State Planning Council created by this chapter," and inserting in lieu thereof the words "Council on State Planning".

B. § 4905 (b) (4) is repealed.

C. § 4906 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 4906. Council on State Planning

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

(b) The Council on State Planning shall serve in an advisory capacity to the director of State planning and shall consider matters relating to the Delaware development plan and such other planning matters as may be referred to it by the Governor or the director of State planning. The Council may study, research, plan and advise the director of State planning and the Governor on matters it deems appropriate to enable the State Planning Office to function in the best possible manner.

() The Council on State Planning, upon the effective date of this Act, shall consist 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) 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.

D. § 4909 is amended by striking the words "first submit the plan, phase, or functional part, amendment, revision or extension thereof or addition thereto to the Delaware State Planning Council for its consideration and advice. Thereafter the director shall".

E. § 4912 (a) is amended by striking the words "Delaware State Planning Council" and inserting in lieu thereof the words "Council on State Planning".

Section 2. Chapter 59, Title 29, Delaware Code, is amended as follows:

A. By adding a new § 5904 as follows:

§ 5904. Classification of exempt employees

Any employee whose position has been in an exempt status under §§ 5903 (4) and 5903 (5) of this Chapter who, as the result of a reorganization of State government approved by the General Assembly, is thereafter assigned to a position in the classified service, shall have such position classified by the Personnel Director, and an appropriate title and pay grade assigned thereto, in accordance with the provisions of this Chapter and the rules and regulations promulgated thereunder. Any such employee shall be continued in his newly assigned position without an examination requirement, unless subsequently separated from such position as provided by law.

B. § 5910 (a) is amended as follows:

(1) By striking from the beginning of the first sentence the words "The Commissioners shall, with the approval of the Governor," and inserting in lieu thereof the words "The Governor shall".

(2) By striking from the last sentence the word "Commission" and inserting in lieu thereof the word "Governor".

C. § 5911 (3) is amended as follows:

(1) By striking the words "with approval of the Commission" and inserting in lieu thereof the words "within the limitation of funds appropriated therefor".

(2) By striking from the first line thereof the last word "Commission".

D. § 5912 is amended as follows:

(1) By striking the words, "with the approval of the Commission,".

(2) By striking from the second line thereof the word "Commission".

Section 3. §§ 6203, 6204 and 6205, Title 29, Delaware Code, are amended by striking the words "Budget Director" wherever they appear and inserting in lieu thereof the words "Secretary of Finance".

Section 4. § 6311, Title 29, Delaware Code, is amended by striking the words "State Tax Commissioner" and inserting in lieu thereof the words "Secretary of Finance".

Section 5. 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 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 thereby.

Approved June 22, 1970.