CHAPTER 679

AN ACT AMENDING TITLES 6, 14, 29 AND 31 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 86.

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

Section 1. §3003, Title 31, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 3003. Responsibilities; personnel

The Commission shall be responsible for carrying out public information and education programs, for preparing reports and recommendations, for making surveys and studies and for directing the Chief and employees of the Office of Human Relations concerning the work of the Commission.

Section 2. Chapter 41, Title 29, Delaware Code, is amended as follows:

A. §4101 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 4101. Responsibilities

The Department of Community Affairs and Economic Development, hereinafter referred to in this chapter as the "Department", shall be responsible for attracting new investors and business to the State, promoting tourism and creating new and improved employment opportunities for all citizens of the State at every economic level, provided that such State development is carried out with a view to preserving existing agricultural, commercial, industrial and recreational opportunities to be had within the State and conserving the natural resources and wildlife of the State.

A. §§4001 (2), 4001 (20), 4003, 4004, 4005, 4015 (the first paragraph thereof only), 4016, 4017 and 4018 are repealed.

B. §§4102, 4103 (b) and 4107 are repealed.

C. §4103 (a) is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection as follows:

§ 4103. Power and duties of the Department; staff

(a) The Department of Community Affairs and Economic Development shall be responsible for the execution of its functions as enumerated in this chapter. The Department may hire such experts and administrative aides, clerks and research personnel, and such other employees as are, in its judgment, required to carry out the provisions of this chapter.

D. §§4105 and 4106 are amended by striking the word "Director" wherever it appears and inserting in lieu thereof the words "Department".

Section 3. Chapter 70, Title 6, Delaware Code, is amended as follows:

A. §§7001 (e) and 7002 are repealed.

B. §7001 is further amended by striking the last paragraph of said section in its entirety and inserting in lieu thereof a new paragraph as follows:

Therefore, it is declared to be the policy of this State to promote the health, welfare and the good order of the inhabitants thereof by providing for the refinancing and modernization of industrial facilities. This policy and the purposes contained in this chapter are declared to be public uses for which the public money may be spent and the credit of the State pledged.

C. §§7001 (i), 7003, 7004, 7005 and 7006 are amended by striking the words "Industrial Building Commission" and "Industrial Commission" wherever they appear and inserting in lieu thereof the words "Department of Community Affairs and Economic Development".

Section 4. Chapter 40, Title 31, Delaware Code, is amended as follows:

A. §§4001 (2), 1004 (20), 4003, 4004, 4005, 4015 (the first paragraph thereof only), 4016, 4017 and 4018 are repealed.

B. §§4001 (9) and 4001 (18) are amended by striking the word "Housing" wherever it appears and inserting in lieu thereof the words "Community Affairs and Economic Development".

C. §§4001 (5), 4006 (14), 4006 (17), 4015 (the second and third paragraphs thereof), 4019, 4024, 4021 and 4022 (b) are amended by striking the words "Bureau of Housing" and "Bureau" wherever they appear and inserting in lieu thereof the words "Council on Housing" and "Council", respectively.

D. §4050 is amended by striking the words "Department of Housing" and inserting in lieu thereof the words "Department of Community Affairs and Economic Development".

E. §4053 (3) is amended by striking the words "Secretary of Housing" and inserting in lieu thereof the words "Secretary of Community Affairs and Economic Affairs and Economic Development".

F. §4055 (b) is amended by striking the words "and said seal shall be attested by the manual or facsimile signature of the Assistant Secretary." and inserting in lieu thereof a".".

G. §4001 is amended by striking paragraph (13) thereof in its entirety and inserting in lieu thereof a new paragraph (13) as follows:

(13) "Issuing Officer" means the Secretary of Community Affairs and Economic Development.

H. Subchapter VI of Chapter 40, Title 31, Delaware Code, is amended by striking the words "Issuing Officers" wherever they appear therein and inserting in lieu thereof the words "Issuing Officer".

Section 5. Chapter 43, Title 31, Delaware Code, is amended as follows:

A. §4301 is amended by striking the sentence, "Bureau" means the State Bureau of Housing." and inserting in lieu thereof a new sentence as follows:

"Department" means the Department of Community Affairs and Economic Development.

B. §§4303, 4314 and 4318 are amended by striking the words "Bureau" and "Board" wherever they appear and inserting in lieu thereof the word "Department".

C. §4314 is further amended by striking the words "Secretary of Housing" and "Department of Housing" and inserting in lieu thereof the words "Secretary of Community Affairs and Economic Development" and "Department of Community Affairs and Economic Development", respectively.

Section 6. Chapter 71, Title 14, Delaware Code, is amended as follows:

A. §§7101, 7102, 7103 and 7108 are repealed.

B. §7104 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 7104. Librarian and assistants

The Department of Community Affairs and Economic Development, hereinafter referred to in this chapter as the "Department", shall employ a qualified librarian and may also employ such other assistants as shall be required for the performance of the Department's work, who shall serve under such conditions as the Department shall determine.

. §§7106, 7107, 7124, 7135, 7136, 7138, 7141 and 7146 are amended by striking the words "Library Commission of the State of Delaware", "Library Commission for the State of Delaware" and "Commission" wherever they appear and inserting in lieu thereof the words "Department of Community Affairs and Economic Development", "Department of Community Affairs and Economic Development" and "Department", respectively.

Section 7. Chapter 86, Title 29, Delaware Code, is amended as follows:

A. §8608 (a) (1) is amended by striking the number "§4303" and inserting in lieu thereof the number "§§4303, 4314 and 4318".

B. §8613 (b) (1) is amended by striking the words "The Board shall have the power to hear appeals from any order" and inserting in lieu thereof the words "The Board shall have the power to hear appeals from any cease and desist order".

C. By adding a new section as follows:

§ 8624. 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.

D. §8603 (d) is amended by adding after the word "Department" and before the word "as" on line 26 thereof, the words ",except the housing authorities established pursuant to Title 31, Delaware Code, Chapters 40 and 43,".

Section 8. If any provisions 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 7, 1970,