CHAPTER 764

AN ACT TO AMEND TITLES 3, 6, 16 AND 29 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF AGRICULTURE AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 81.

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

Section 1. Chapter 1, Title 3, Delaware Code, is amended as follows:

A. §§101, 102, 104 and 107 are repealed.

B. §§103, 105, 106 and 108 are amended by striking the word "Board" wherever it appears and inserting in lieu thereof the words "Department of Agriculture".

C. §109 is amended by striking the words "State Board" wherever they appear and inserting in lieu thereof the words "Department", and by striking from the first sentence the words "President and".

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

A. §§301 and 311 (a) are repealed.

B. §§302, 303 and 304 are amended by striking the word "Bureau" wherever it appears and inserting in lieu thereof the words "Department of Agriculture".

C. §303 is further amended by striking the words "Bureau of Markets" wherever they appear and inserting in lieu thereof the words "Department of Agriculture's", and by striking from the first sentence the words "president or chairman and".

D. §§303, 304, 311, 312, 313 and 314 are amended by striking the word "Board" and words "State Board" wherever they appear and inserting in lieu thereof the words "Department".

Section 3. §§501 and 502, Title 3, Delaware Code, are amended by striking the words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 4. §§1101, 1102, 1103, 1104, 1105, 1106 and 1107, Title 3, Delaware Code, are amended by striking the word "Board" and words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 5. §§1301, 1304, 1306, 1307 and 1308, Title 3, Delaware Code, are amended by striking the word "Board" wherever it appears and inserting in lieu thereof the word "Department".

Section 6. §§1502, 1503, 1504, 1504A, 1506, 1508, 1509, 1510, 1511 and 1512, Title 3, Delaware Code, are amended by striking the word "Board" and words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 7. §§1601, 1602, 1603, 1604 and 1606, Title 3, Delaware Code, are amended by striking the word "Board" and words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 8. §§1702, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712 and 1713, Title 3, Delaware Code, are amended by striking the word "Board" and words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 9. §§1903, 1904, 1905, 1906, 1907, 1908, 1910 and 1911, Title 3, Delaware Code, are amended by striking the word "Board" and words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 10. §§2101, 2102, 2104, 2105, 2106, 2108, 2109, 2110, 2111, 2112, 2113 and 2115, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the words "Department".

Section 11. §§2501, 2502, 2503, 2505, 2507, 2508, 2609, 2510, and 2611, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 12. §§3103, 3108, 3109, 3113, 3114, 3115, 3119, 3122, 3131, 3133, 3161, 3163, 3164, 3165, 3166, 3167, 3168, 3169, 3170, 3171, 3172, 3173 and 3174, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 13. Chapter 33, Title 3, Delaware Code, is amended as follows:

A. §§3304, 3306 and 3307 are amended by striking the words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

B. §3304 is further amended by striking the words "its Bureau of Markets and".

Section 14. §§3502, 3508, 3511, 3512 and 3513, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 15. §3702, Title 3, Delaware Code, is amended by striking the words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 16. Chapter 39, Title 3, Delaware Code, is amended as follows:

A. §§3906 and 3908 are amended by striking the words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

B. §3906 is further amended by striking the words "its Bureau of Markets and".

Section 17. Chapter 51, Title 3, Delaware Code, is amended as follows:

A. The chapter heading is amended by striking the words "Delaware State Apple Commission" and inserting in lieu thereof the words "Promotion of Apples".

B. §5101 is amended by striking the word "Commission" and inserting in lieu thereof the word "Department", and by striking the words "Delaware State Apple Commission" and inserting in lieu thereof the words "Department of Agriculture".

C. §§5102, 5104 and 5105 are repealed.

D. §5103 is amended as follows:

1. By striking the word "Commission" in the section heading and wherever it appears elsewhere and inserting in lieu thereof the word "Department".

2. By striking the word "; employees" from the section heading.

3. By striking subsections (a) and (d).

Section 18. Chapter 53, Title 3, Delaware Code, is amended as follows:

A. §§5301, 5303, 5304, 5305 and 5306 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".

B. §5303 is further amended as follows:

1. By striking from the second sentence the words "State Apple Commission" and inserting in lieu thereof the words "State Apple Promotion Fund".

2. By striking from the second sentence the words "upon proper vouchers signed by the Chairman and Secretary of the Commission" and inserting in lieu thereof the words "for the promotion of apples".

C. §5309 is repealed.

Section 19. §§5506, 5510, 5511, 5512 and 5514, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the words "Department".

Section 20. Chapter 61, Title 3, Delaware Code, is amended as follows:

A. §§6101 and 6102 are repealed.

B. §6103 is amended as follows:

1. By striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".

2. By striking the third and fourth sentences as follows: "However, the Commission shall not spend more than one-third of the monies at its disposal on disease control or other regulatory activities and all monies so expended shall be in cooperation with the State Board of Agriculture. Similarly the Commission shall not spend more than one-third of the monies at its disposal for experimental and extension activities and all money so expended shall be in cooperation with the Agriculture Experimental Station and Extension Service of the University of Delaware," and inserting in lieu thereof the following sentence: "All money expended for experimental and extension activities shall be in cooperation with the Agricultural Experimental Station and Extension Service of the University of Delaware.".

Section 21. §§6301, 6302, 6303, 6304, 6306 and 6307, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 22. §§6501, 6503, 6504, 6505, 6506, 6508, 6509, 6510 and 6511, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 23. §§6701, 6702, 6703 and 6704, Title 3, Delaware Code, amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 24. §§7101, 7102, 7103, 7104, 7105, 7106 and 7107, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 25. §§7301, 7302, 7306, 7307, 7308, 7309, 7321, 7322, 7323, 7325, 7326, 7327, 7328, 7329, 7330, 7331, 7332, 7333, 7334, 7335, 7336 and 7337, Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 26. §§7501, 7502, 7503 and 7512, Title 3, Delaware Code, are amended by striking the words "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 27. §8538, Title 3, Delaware Code, is amended by striking the words "State Board" and inserting in lieu thereof the word "Department".

Section 28. §§8703, 8705, 8707, 8708, 8709, 8710, 8711, 8712, 8713, 8715, 8716, 8720, 8721, 8724, 8726, 8707, 8729, 8730, 8731, 8740 and 8741 Title 3, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 29. §9024, Title 3, Delaware Code, is amended by striking the words "State Board" and inserting in lieu thereof the word "Department".

Section 30. §§4102 and 4109, Title 16, Delaware Code, are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

Section 31. Chapter 51, Title 6, Delaware Code, is amended as follows:

A. §5104 is amended by striking the words "State Division of Weights and Measures" and inserting in lieu thereof the words "Department of Agriculture".

B. §§5106 and 5107 are repealed.

C. §§5108, 5109, 5110, 5111, 5112, 5113, 5114, 5115, 5116, 5117, 5118, 5119, 5120, 5131, 5133, 5136, 5137, 5138, 5139 and 5140 are amended by striking the word "Director" wherever it appears and inserting in lieu thereof the words "Secretary of Agriculture".

§5108 is further amended by striking the last sentence in its entirety.

D. §5108 is further amended by striking the last sentence in its entirety.

E. §5109 is further amended by striking from the first sentence the words ", subject to the approval of the State Board of Agriculture,".

F. §§5109, 5119 and 5136 are amended by striking the words "Board" and "State Board" wherever they appear and inserting in lieu thereof the word "Department".

G. §5131 is further amended by striking from the third sentence the words "or the deputy director".

Section 32. Chapter 81, Title 29, Delaware Code, is amended as follows:

A. Add a new subsection (f) as follows:

After the Council has been reduced to seven (7), 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.

B. Add a new § 8118 as follows:

§ 8118. 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.

Section 33. Section 8106 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than three (3), at least one member of the Council shall be affiliated with one of the major political parties and at least one member shall be affiliated with 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 Board.

Section 34. Section 8107 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

(d) 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 35. Section 8108 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

(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.

Section 36. 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 the 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 hereby.

Approved July 24, 1970.