CHAPTER 170

FORMERLY

HOUSE BILL NO. 485

AN ACT TO AMEND CHAPTER 87 OF TITLE 11 OF THE DELAWARE CODE, REORGANIZING THE DELAWARE CRIMINAL JUSTICE PLANNING COMMISSION AND TRANSFERRING CERTAIN FUNCTIONS AND DUTIES.

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

Section 1. Amend Section 8702(e) Title 11, Delaware Code by striking in its entirety and inserting in lieu thereof a new Section 8702(e) as follows:

(e) The Office of Mangement, Budget and Planning shall provide staff services for the Commission which shall, for administrative purposes, be placed within that office. Within the amount of State or Federal funds appropriated or awarded to that office for use in law enforcement planning, as authorized by the appropriations act and/or Clearinghouse Committee, the Director of the Office may employ such personnel and contact for such consulting services as may be necessary and authorized to carry out the purposes of this Chapter."

Section 2. Amend Section 8703, Title 11, Delaware Code by striking subsection (a) and replacing it with a new subsection (a) to read as follows:

"(a) The Commission shall meet at least once each year and at such other times as it deems necessary or at the call of the Chairman or Vice-chairman. Fourteen members shall constitute a quorum."

Section 3. Further amend Section 8703 of Title 11, Delaware Code by striking the third sentence of subsection (h) and replacing it with a new sentence to read as follows:

"In order to facilitate attendance of Commission members and the general public from all parts of this State, the place of Commission meetings and committees established by the Commission shall rotate to the extent feasible among the three counties of the State."

Section 4. Amend Sections 8706 and 8707 of Title 11 of the Delaware Code, by striking said sections in their entireties.

Section 5. Amend Section 8708 of Title 11, Delaware Code redesignating said section as Section 8706.

Section 6. Amend Section 8709 of Title 11, Delaware Code, redesignating said section as Section 8707.

Section 7. (a) Notwithstanding any other provision of State law, any funds previously awarded to the Delaware Criminal Justice Planning Commission which, upon the effective date of this Act, are unencumbered or unexpended shall be and are hereby appropriated and transferred to the Office of Management, Budget and Planning.

(b) Notwithstanding any other provision of State law, any previously authorized positions which, upon the effective date of this Act are now supported by Federal funds, are hereby transferred to the Office of Management, Budget and Planning.

(e) All property, subject to federal regulation, including all hooks, records, papers, maps, charts, plans, equipment and other material owned by or in the possession of any agency of the State and used in connection with a function transferred by this Chapter to the Office of Management, Budget and Planning or any subdivision thereof shall, on the effective date of this Chapter, be delivered into custody of that office. All investigations, reports, analyses, staff studies, petitions, hearings and legal proceedings pending before, assigned to or instituted by, any agency from which functions are transferred by this Chapter and which are not concluded prior to the effective date of this Chapter, shill continue unabated and remain in full force and effect, notwithstanding the passage of this Chapter and, where necessary, may be completed by or in the name of the Office of Management, Budget and Planning. All orders, rules and regulations made by any agency from which functions are transferred by this Chapter and which govern such functions, and which are in effect upon the effective date of this Chapter, shall remain in full force and effect until revoked or -nr)dified In accordance with law by the Office of Management, Budget and Planning. All contracts and ohligations of any agency made or undertaken in the performance of a function transferred by this Chapter to the Office of Management, Budget and Planning and being in force on the effective date of this Chapter, shall, notwithstanding this Chapter, remain in full force and effect and be performed by the Office of Management, Budget and Planning.

(d) 411 definitions and references to any commission, board, department, council or agency which appear in any other Act or law shall, to the extent that they are consistent with this Chapter and in connection with a function transferred by this Chapter to the Office of Management, Budget and Planning or to any subdivision thereof or to any council or board created by this Chapter, be construed as referring and relating to the Office of Management, Budget and Planning, to the appropriate subdivision thereof, or to the council or board as created and established by this Chapter.

(e) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other Act or law shall, to the extent that they are consistent with this Chapter and in connection with a function transferred by this Chapter to the Office of Management, Budget and Planning or to any subdivision thereof or to any council or board created by this Chapter, be construed as referring to or relating to the equivalent person or persons and their powers, duties and functions as established and created in this Chapter.

(a) The Budget Director and the Controller General are hereby authorized and directed to make such transfers of funds and positions to the Office of Management, Budget and Planning as may be required to carry out the provisions of this section.

Approved July 14, 1981.