CHAPTER 555

FORMERLY

SENATE BILL NO. 630

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 3 AND 29, DELAWARE CODE, RELATING TO THE CLASSIFICATION OF CERTAIN STATE EMPLOYEES IN THE DEPARTMENT OF AGRICULTURE PRESENTLY EXCLUDED FROM THE MERIT SYSTEM.

WHEREAS, in the early sixties, prior to the present merit system, a statute was enacted dealing with a type of merit system for certain employees of the Department of Agriculture holding federal licenses and establishing procedures for hearings and allowing an appeal to the Governor; and

WHEREAS, this law was not repealed with the enactment of the present merit system nor with the change over to the Cabinet form of Government; and

WHEREAS, a recent Attorney General's Opinion, dated April 17, 1974, has held that these employees do not have the status of classified employees under the State Merit System; and

WHEREAS, the State employees affected have been under the impression that they were covered by the merit system and want to be under the merit system;

NOW, THEREFORE:

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

Section 1. Amend Section 5903, Title 29, Delaware Code, by striking the semicolon (;) at the end of subparagraph (15) and inserting the following: "except certain covered employees of the Department of Agriculture as defined by Section 311 of Title 3."

Section 2. Amend Chapter 3, Title 3, Delaware Code, by striking therefrom the subchapter designations and sections 311, 312, 313 and 314, and by inserting a new Section 305 to read as follows:

§305. Employees

Federal certificate clerks, federally licensed grain inspectors, and other federally licensed inspectors and graders and who are permanent State employees whether or not the State is reimbursed by the federal government for their services, shall be classified employees subject to the provisions of Chapter 59 of Title 29 of the Delaware Code.

Approved July 26, 1974.