CHAPTER 5

FORMERLY

HOUSE BILL NO. 5

AN ACT TO AMEND CHAPTER 82, TITLE 29, DELAWARE CODE, RELATING TO THE ESTABLISHMENT OF A DIVISION OF MOTOR FUEL TAX WITHIN THE DEPARTMENT OF PUBLIC SAFETY.

WHEREAS, pursuant to §8203 (4) of Title 29, Delaware Code, the Secretary of Public Safety, with the concurrence of the Governor, has the power to establish divisions within the Department; and

WHEREAS, in the judgement of the Secretary of the Department of Public Safety it was necessary that when the duties, powers and functions of the Motor Fuel Tax law and the Motor Carriers Fuel Purchase Act were transferred from the Department of Finance to the Department of Public Safety such transfer warranted the creation of a Division of Motor Fuel Tax; and

WHEREAS, on October 11, 1973 Governor Tribbitt issued Executive Order No. 21 creating a Motor Fuel Tax Division within the Department of Public Safety; and

WHEREAS, the only legal basis for the Division is Executive Order No. 21 which does not have the legality of a statute.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 82 of Title 29, Delaware Code by adding thereto a new section to be designated as §8223 to read as follows:

"§8223. Division of Motor Fuel Tax

(a) The Division of Motor Fuel Tax is established and shall be responsible for the performance of all the powers, duties and functions pursuant to Chapters 51 and 52 of Title 30, Delaware Code.

(b) All employees of the Division of Motor Fuel Tax, heretofore established pursuant to Executive Order No. 21, including the Director, shall be transferred to the Department of Public Safety and shall be deemed to be employees of such office and employees of the State in classified service with all the benefits accrued as merit employees as of the effective date of this Act."

Approved January 15, 1977