CHAPTER 378

FORMERLY

HOUSE BILL NO. 714

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF CERTAIN DUTIES, FUNCTIONS AND RESPONSIBILITIES FROM THE DEPARTMENT OF FINANCE TO THE STATE TREASURER.

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

Section 1. Sections 2705, 2706, 2707, 2708, 2709, 2710, 2711, 2712, and 2714, Chapter 27, Title 29 of the Delaware Code, are hereby amended by striking the words "Secretary of Finance" wherever they appear therein and inserting in lieu thereof the words "State Treasurer".

Section 2. Section 8307, Chapter 83, Title 29 of the Delaware Code, is amended by striking subparagraphs (1) A, (1) C, (2) A, (2) B and (2) C thereof in their entirety.

Section 3. Section 106, Chapter 1, Title 14 of the Delaware Code, is amended by striking the words "Secretary of Finance" wherever they appear therein and inserting in lieu thereof the words "State Treasurer".

Section 4. Section 8307(11 (B), Chapter 83, Title 29 of the Delaware Code, is amended by striking the words "section 106 of Title 14;".

Section 6. Section 7401, Chapter 74, Title 29 of the Delaware Code, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:

"(a) 'Issuing Officers' means the Governor, Secretary of State and State Treasurer of the State of Delaware."

Section 6. Section 7412 (a) and Section 7413A, Chapter 74, Title 29 of the Delaware Code, are amended by striking the words "Secretary of Finance" wherever they appear therein and inserting in lieu thereof the words "State Treasurer".

Section 7. Sections 6203, 6204, and 6205, Chapter 62, Title 29 of the Delaware Code, is hereby amended by striking the words "Secretary of Finance" wherever they appear therein and inserting in lieu thereof the words "State Treasurer".

Section 8. Chapter 27, Title 29 of the Delaware Code, is amended by adding a new Section 2715 thereto to read as follows:

§2715. Functions prior to effective date of this section

The State Treasurer shall have the power to perform and shall be responsible for the powers, duties and functions vested by Chapter 62 and Chapter 74, of this title, in the Secretary of Finance, immediately prior to the effective date of this section and which are not otherwise hereinbefore specifically transferred to the State Treasurer."

Section 9. Section 6311, Chapter 63, Title 29 of the Delaware Code, is amended by striking said section in its entirety and substituting in lieu thereof the following:

§6311. Composition of the Budget Commission

There shall be a Budget Commission which shall consist of the Governor, the Secretary of State, the Auditor of Accounts, the State Treasurer and the Secretary of Finance.

Section 10. Section 2702, Chapter 27, Title 29 of the Delaware Code, is amended by striking the words "Secretary of Finance" and "Secretary" wherever they appear therein and inserting in lieu thereof the words "State Treasurer' and "Treasurer" respectively.

Section 11. Amend Chapter 83 of Title 29 of the Delaware Code, by adding a new Section 8302A to read as follows:

§8302A. Bond

(a) The Secretary of Finance, before entering upon his office, shall with sufficient sureties, become bound to the State of Delaware, by a joint and several obligation to be, with the sureties therein, approved by the Governor, in the penal sum of $125,000, with condition according to the following form:

The condition of the above written obligation is such, that if the above named who is Secretary of Finance, shall well and truly account for all money which shall come to his hands as such Secretary, or with which he as such Secretary shall be legally chargeable, either for the default of any collector whom he shall appoint or otherwise, and shall and do well and diligently execute his office of Secretary of Finance as aforesaid, and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and also all the duties incumbent upon him, and if the said or his executors or administrators, shall and do faithfully and without delay pay to his successor in office the just balances remaining of all the money which shall come to his hands as Secretary of Finance, or with which he as such Secretary shall be legally chargeable, after deducting all legal payments by him made and allowances made to him by law, and all legal fees, and shall also deliver to his successor in office all books, securities, muniments and papers to the said office belonging, safe and undefaced; then the said obligation shall be void, otherwise the same shall remain in full force.

There shall be subjoined to the obligation a warrant of attorney to confess judgment thereon.

(b) The obligation shall be recorded by the Secretary of State in the executive register, and shall be kept on file in his office. A certified copy thereof shall be immediately transmitted to the Auditor of Accounts, and the copy, or the record, or a copy thereof, shall be evidence.

The obligation shall be proceeded upon by direction of the General Assembly, the Governor, or Auditor of Accounts.

Section 12. Amend Chapter 27 of Title 29 of the Delaware Code, by striking Section 2704 and substituting in lieu thereof the following:

§2704. Certain powers and duties of the State Treasurer

The State Treasurer shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions, heretofore vested in the Division of the Treasury pursuant to Section 8307 (1) (A), (C) and Section 8307 (2) of Chapter 83 of this Title.

Section 13. The powers, duties and functions assigned to and exercised by e Department of Finance in relation to the following parts of the Delaware Code as set forth in Section 106, Chapter 1 of Title 14 of the Delaware Code; Sections 2705, 2706, 2707, 2708, 2709, 2710, 2711, 2712 and 2714 of Chapter 27 of Title 29 of the Delaware Code; Chapter 62, Chapter 74 and Sections 8307 (1) and (A) and (C) and Section 8307 (2) of Chapter 83 of Title 29 of the Delaware Code, are hereby removed and such powers, duties and