CHAPTER 671

AN ACT AMENDING TITLES 2, 17, 21 AND 29 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 84.

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

Section 1. Chapter 1, Title 17, Delaware Code, is amended as follows:

A. §101 (a) is amended by adding a new sentence as follows:

"Secretary" means the Secretary of Highways and Transportation;

B. §§101 (a), 116 and 152 are amended by striking the words "Director" and "Director of Operations" wherever they appear and inserting in lieu thereof the words "Secretary" and "Secretary of Highways and Transportation", respectively.

C. §§101 (a) and 131 are amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Highways and Transportation".

D. §§111, 112, 113, 114, 115 and 116 (a) are repealed.

E. §117 is repealed.

F. §132 is amended as follows:

(1) By striking from subsection (c) (1) the words, "within the recommendations of the Director of Operations,".

(2) By striking from subsection (c) (6) the words "All such persons employed to perform work for which the Director of Operations is responsible shall be employed and discharged by the Director. All such persons employed to perform work for which the Controller is responsible shall be employed and discharged by the Controller General and special counsel for the Department shall be employed by, and shall serve at the pleasure of the Department.".

(3) By striking from subsection (e) the words "Such policies shall be binding upon the Director of Operations, the Controller and all other persons employed by the Department. All such policies pertaining to powers and duties concerning accounting, a system of accounting, internal audit and fiscal control of the Department's receipts and disbursements shall be carried out by the Controller. All such policies pertaining to other powers and duties shall be carried out by the Director of Operations."

G. §133 is amended by striking the words "consider the recommendations of the Director of Operations and from such recommendations".

H. §136 is amended by striking the words, "upon the recommendation of the Director of Operations,".

Section 2. Chapter 3, Title 17, Delaware Code, is amended as follows:

A. §301 is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Highways and Transportation".

B. §318 is amended by striking the word "Chairman" wherever it appears and inserting in lieu thereof the word "Secretary".

Section 3. Chapter 4, Title 17, Delaware Code, is amended as follows:

A. §401 (a) is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Highways and Transportation".

B. §§401 (b) and 403 are repealed.

C. §402 is amended by striking the words "as the Delaware Interstate Highway Division and is vested" and inserting in lieu thereof the words "within the Department of Highways and Transportation,".

D. §§404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421, 422, 423, 424, 425 and 426 are amended by striking the word "Division" wherever it appears and inserting in lieu thereof the word "Department".

E. §406 is further amended by striking from the first sentence the words "and may enter into agreements with the Department to pay, in whole or in part, the cost of construction, reconstruction or improvement by the department of" and inserting in lieu thereof the words "and may construct, reconstruct or improve".

. §406 is further amended by striking from the third and fourth sentences the words "in any agreement authorized in this Chapter. In entering into agreements with the Department for the" and inserting in lieu thereof the words "authorized in this chapter. In considering any".

. §407 (a) is further amended by striking from the last sentence the words "may and, at the request of the Division, shall" and inserting in lieu thereof the words "shall have the power to".

. §414 is amended by striking the words "to enable it to pay to the Department any amount which it is required to pay pursuant to any agreement made with the Department under the provisions of section 406 of this title,".

. §416 is amended by striking the words "Director of the Division" wherever they appear and inserting in lieu thereof the words "Secretary of Highways and Transportation".

A. §422 is amended by striking the words "the subject of an agreement with the Department as authorized by section 406 of" and inserting in lieu thereof the words "authorized by".

B. §425 is amended by striking the words "or of the Department".

Section 4. Chapter 5, Title 17, Delaware Code, is amended as follows:

A. §504 (d) is amended by striking the word "Highway" wherever it appears.

B. §507 is amended by striking the words "the Director of Operations of".

§510 (a) is amended by striking the words "State Highway".

Section 5. Chapter 6, Title 17, Delaware Code, is amended as follows:

A. §602 (a) is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Highways and Transportation".

B. §602 (c) is amended by striking the words "or to the Delaware Interstate Highway Division as is appropriate." and inserting in lieu thereof a ".".

C. §604 is amended by striking the words "Director of Operations" wherever they appear and inserting in lieu thereof the word "Secretary".

D. §612 (a) is amended by striking the sentence, "The bonds shall be signed by the chairman of the Department or shall bear his facsimile signature, and shall bear a facsimile of the official seal of the Department, attested by the secretary of the Department, and any coupons attached thereto shall bear the facsimile signature of the chairman of the Department." and inserting in lieu thereof a new sentence, "The bonds shall be signed by the Secretary of the Department or shall bear his facsimile signature, and shall bear a facsimile of the official seal of the Department, attested by the Secretary of State, and any coupons attached thereto shall bear the facsimile signature of the Secretary of the Department.".

Section 6. Chapter 7, Title 17, Delaware Code, is amended as follows:

A. §§7O3 and 709 (c) are amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Highways and Transportation".

. §709 (c) is further amended by striking from the third sentence the words "the Director of Operations of".

Section 7. §901, Title 17, Delaware Code, is amended by striking the words "State Highway Department" from the section heading and inserting in lieu thereof the words "Department of Highways and Transportation".

Section 8. §1503, Title 17, Delaware Code, is amended by striking the words "State Highway Department" wherever they are and inserting in lieu thereof the words "Department of Highways and Transportation".

Section 9. §§501, 505, 506 and 507, Title 21, Delaware Code, are amended by striking the words "State Highway Department" wherever they appear and inserting in lieu thereof the words "Department of Highways and Transportation".

Section 10. §4504, Title 21, Delaware Code, is amended by striking the words "State Highway Department" and inserting in lieu thereof the words "Department of Highways and Transportation".

Section 11. Chapter 1, Title 2, Delaware Code, is amended as follows:

A. §102 is amended by striking the sentence, " 'Commission' means the Delaware Aeronautics Commission;" and inserting in lieu thereof a new sentence, " 'Department' means the Department of Highways and Transportation;".

B. §102 is further amended by striking the sentence, " 'Director' means the Director of Aeronautics of this State;" and inserting in lieu thereof a new sentence, " 'Secretary' means the Secretary of Highways and Transportation;".

C. §130 is repealed.

D. §§131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 161, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 174 and 175 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".

E. §§139, 140, 141 and 174 are amended by striking the words "Director of Aeronautics" wherever it appears and inserting in lieu thereof the words "Secretary of Highways and Transportation".

F. §140 is amended by striking from the third sentence the words "Each Commissioner, the" and inserting in lieu thereof the word "The".

G. §141 is amended by striking the words "nor shall any Commissioner," and inserting in lieu thereof the words "nor shall".

Section 12. §§701, 702, 703, 704, 705, 706 and 707, Title 2, Delaware Code, are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".

Section 13. §§909, 932, 933, 941 and 945, Title 2, Delaware Code, are amended by striking the words "Delaware Aeronautics Commission" wherever they appear and inserting in lieu thereof the words "Department of Highways and Transportation".

Section 14. Chapter 15, Title 2, Delaware Code, is amended as follows:

A. §1501 is amended as follows:

(1) By striking the sentence, " 'Department' means the Department of Transportation established by section 1512 of this title." and inserting in lieu thereof a new sentence, " 'Department' means the Department of Highways and Transportation.".

(2) By striking the sentence, " 'Secretary' means the Secretary of the Department of Transportation." and inserting in lieu thereof a new sentence, "'Secretary' means the Secretary of Highways and Transportation.".

B. §§1512, 1513, 1514, and 1521 (b) (1) and (2) are repealed.

C. §1521 (a) (1) is amended by striking the words "the State Highway Department,".

Section 15. Chapter 84, Title 29, Delaware Code, is amended by adding a new section as follows:

§ 8418. 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 as far as necessary to conform to and give full force and effect to the provisions of this Chapter.

Section 15 (A). Section 8407 (e), Title 29, Delaware Code, is amended by striking said subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

(e) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members 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.

Section 16. §8409, Title 29, Delaware Code, is amended by adding the numbers "3, 5" after the words "Chapters 1,".

Section 17. 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.