CHAPTER 189

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 250

AS AMENDED BY SENATE AMENDMENTS NOS. 2 & 3

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE BY ESTABLISHING A NEW CHAPTER 50 AND REDESIGNA'TING THE DIVISION OF ECONOMIC DEVELOPMENT AS THE OFFICE OF ECONOMIC DEVELOPMENT DIRECTLY RESPONSIBLE TO THE GOVERNOR, AND AMEND TITLE 29, CHAPTER 86, TRANSFERRING ALL DUTIES AND FUNCTIONS OF THE DIVISION OF ECONOMIC DEVELOPMENT TO THE OFFICE OF ECONOMIC DEVELOPMENT AND ALL DUTIES AND RESPONSIBILITIES OF THE SECRETARY OF THE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT TO THE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT AND TO AMEND TITLE 29, CHAPTER 86, ABOLISHING SUBCHAPTER II, STATE DEVELOPMENT.

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

Section .1

(a) Amend Chapter 86 of Title 29 of the Delaware Code by striking Subsection 8603(2)(a) in its entirety and redesignating the remaining subsections as §§8603(2)(a) through 8603(2)(e).

(b) Further amend Chapter 86 of Title 29 of the Delaware Code by striking §§8606 and 8607 and Subchapter II- State Development (being §§8631 through 8635) in their entirety.

(c) Further amend Chapter 86 of Title 29 of the Delaware Code by striking Subsection 8616(2) and redesignating the remaining subsections as §§8616(1) through 8616(6).

Section 2. Amend Title 29 of the Delaware Code by adding a new Chapter 50 as follows:

"Chapter 50 - State Economic Development

Subchapter I - General Provisions

§5001. Findings and Purpose.

(a) The General Assembly finds and declares that the good order of the State depends upon the steady employment in useful occupations of the citizens of the State. Such steady and useful employment can be made available by encouraging the economic development of the State through the inducement of a full range of commercial, industrial, agricultural, and other enterprises to locate, remain, and expand in the State. Uncontrolled industrialization and expansion, however, may contribute to possible dangers to the public health and welfare through the pollution of the air, water, and soil of the State. The reduction, abatement, and prevention of the pollution of the State's environment and the protection of its natural resources are important concerns to be considered in the process of encouraging the economic development of the State.

(a) The General Assembly further finds that promotion of the State as a destination for tourists and other travelers will help to enhance the State's economy and provide employment and recreational opportunities for citizens of the State.

(a) The General Assembly further finds that promotion and assistance to small and minority-owned businesses is vital to the overall balance between large and mail firms, and that it is in the State's interest to insure a strong and diversified business community.

(a) The General Assembly further finds and declares that the creation of an office for economic development with powers and duties as specified by this Chapter can best accomplish the orderly development of the State while insuring that the protection and enhancement of its resources and environment will continue to be a critical concern.

§5002. Definitions.

(a) 'Director' MCW1S the. Director of the Delaware Development Office.

(b) 'Office' means the Delaware Development Office.

(c) 'State' means the State of Delaware.

(d) 'Council' means the Council on Development Finance created by this Chapter.

(e) 'Board' means the Tourism Advisory Board created by this Chapter.

§5003. Delaware Development Office.

(a) There is hereby created an office of economic development which shall be known as the Delaware Development Office.

(b) The Office shall be in the Executive Department responsible to the Governor.

(c) The Office shall serve as the Governor's staff agency in all general and economic development matters, and It shall function, as required, as an advisory, coordinating, or implementing agency [l] to harmonize its activities with similar activities of other departments, boards, commissions, agencies, or instrumentalities of federal, state, county, or municipal government; [2] to render, as necessary, assistance to all units of government and to private enterprise; [3] to stimulate public interest and participation in the orderly growth and development of the State; and [4] to insure that all private and public development activities are carried out in conformity with State law.

§5004. Director of the Office.

(a) The Office shall be headed by the Director. He shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the Governor's pleasure. The Director shall be qualified by training and experience to perform the duties of his position, and preference shall be given to a resident of this State, provided he is acceptable and equally qualified. The Director shall be paid an annual salary established by the Governor within the limitation of the funds appropriated therefor.

(b) in the event of the death, resignation, temporary Incapacity, or removal of the Director, and prior to the appointment of his successor, the Governor may appoint any qualified employee of the Office or any of its subdivisions to serve as Acting Director. The Director may, during his absence from the State, appoint any qualified employee of the Office or any of its subdivisions to serve as Acting Director during such absence. In either case, the Acting Director shall have all the powers and shall perform all the duties and functions of the Director during his absence or incapacity or until his successor is duly appointed and qualified.

§5005. Powers, Duties, and Functions of the Director.

The Director shall have the following powers, duties, and functions:

(1) To supervise, direct, and account for the administration and operation of the Office, its subdivisions, offices, functions, and employees.

(2) To serve as Chairman of the Delaware Economic Development Authority and to supervise the administration of the Authority and to perform all duties heretofore vested in the Secretary of the Department of Community Affairs and Economic Development as shall be related to the Authority.

(3) To appoint and remove the staff of the Office in accordance with the provisions of this Chapter and such other limitations as may he imposed by law.

(4) To advise the Governor and other officials of the State government on all matters of economic development and to consult with them on matters of economic development affecting the duties and responsibilities of their offices.

(5) To have access (or to designate staff members who shall have access) to information, reports, and data which relate to economic development which are in the possession of departments, boards, commissions, agencies, or instrumentalities of the State or in the possession of county, municipal, or other local agencies and instrumentalities.

(6) To hold hearings on matters of general economic development or such other matters as may be required by law after notice thereof to interested parties.

(7) To attend and participate in meetings of federal, county, or municipal economic development bodies, interstate agencies, and other entities, whether public or private. The Director may cooperate with such instrumentalities in matters affecting the duties and responsibilities of the Office.

(8) To establish, consolidate, or abolish such subdivisions within the Office or transfer or combine the powers, duties, and functions of the subdivisions within the Office as he may deem necessary, provided that all powers, duties, and functions required by law shall be provided for and maintained.

(1) To make and enter into any and all contracts, agreements, or stipulations, to retain, employ, and contract for the services of private and public consultants, professional, research, and technical personnel, including the temporary exchange of personnel from all public or private entities, and to procure by contract consulting, research, professional, technical, and other services, whenever they shall be deemed by the Director necessary or desirable in the performance of the functions of the Office and whenever funds shall be available for such purpose. Legal services shall be procured pursuant to Chapter 25 of Title 29 of the Delaware Code.

(1) To delegate any of his powers, duties, or functions to a member of the staff authorized by this Subchapter, except his power to remove employees of the Office or to fix their compensation.

(1) To establish and promulgate such rules- and regulations governing the administration and operation of the Office as may be deemed necessary by him and which are not inconsistent with the laws of this State.

(1) To occupy and/or maintain such facilities as may be required for the effective and efficient operation of the Office.

(1) To adopt an official seal or seals for the Office.

(1) To exercise all other powers necessary and proper for the discharge of his duties and such other powers as may be delegated by the Governor, not inconsistent with State law.

§5006. Powers and Duties of the Office.

The Office shall:

(1) Be responsible for attracting new investors and businesses to the State, promoting the expansion of existing industry, assisting small and minority-owned businesses, promoting and developing tourism, and creating new and improved employment opportunities for all citizens of the State at every economic level, provided that such development is carried out with a view to preserving existing agriculture, commercial, industrial, and recreational opportunities to be had within the State and conserving the natural resources and wildlife of the State.

(2) Act as the Governor's principal staff agency in economic development matters. Make studies and investigations, insofar as they may be relevant to the State's economy, of the resources of the State and of existing and emerging problems of agriculture, industry, commerce, transportation, and other matters affecting the development of the State and, in making such studies, seek the cooperation and collaboration of the appropriate departments, boards, commissions, agencies, and instrumentalities of federal, state, and local government, educational institutions, and research organizations, whether public or private, and of civic groups and private persons and organizations. Render advice and act as the Governor's designated agency in the execution of such 'natters relating to its.powers as he may request.

(3) Provide information to, and cooperate with, the General Assembly or any of its committees in connection with studies relevant to the overall development of the State's economy.

(4) Prepare and administer the State's program of public works and major capital improvement projects.

(5) In cooperation with the Department of Administrative Services and the Department of Natural Resources and Environmental Control, prepare, and from time to time revise, an inventory listing the State's real property and facilities of all kinds.

(6) Cooperate with, and within the limitations of its appropriations, provide requested assistance to county or local goverment: in the State, or any of their instrumentalities; and cooperate with and assist departments Mid other agencies or instrumentalities of federal, state, and local government, as well as regional, •netropolitan, county, municipal, or other local or private agencies in the execution of their functions with a view to harmonizing their development activities with the overall development plans and policies of the State. Whenever cooperation or assistance under this subdivision includes the rendering of technical services, such services may be rendered free or in accordance with an agreement for reimbursement.

(7) Provide information to officials of departments, boards, commissions, agencies, and instrumentalities of state and local government, to civic and other groups, and to the public at large in order to foster public awareness and understanding of the objectives of a strong State economy and to stimulate public interest and participation in the orderly and integrated development of the State.

(8) Accept and receive, in furtherance of its function, funds, grants, and services from the Federal Government or its agencies, from departments, agencies, and instrumentalities of state or local government or from private and civic sources.

(9) Collect, compile, and audit the information and data necessary to discharge its principal functions. Where such data cannot be secured from federal, state, or local agencies or private organizations, the Office may engage in the required research. Before publishing any historical information, the Information shall be reviewed and approved by the Department of State of the State of Delaware.

(10) Perform and be responsible for the performance of all powers, duties, and functions heretofore vested in the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to the effective date of this Chapter.

(11) Exercise all other powers necessary and proper for the discharge of its duties.

§5007. Council on Development Finance.

(a) The Council on Development Finance is hereby established and shall serve in an advisory capacity to the Director and shall consider matters relating to the financing and modernization of agricultural, industrial, commercial, and other facilities in the State and such other matters as may be referred to it, by the Governor, or by the Director. The Council on Development Finance may study, research, plan, and advise the Director, and the Governor, on matters it deems appropriate to enable the Office to function in the best possible manner.

(b) The Council on Development Finance shall be composed of the members of the Council on Industrial Financing whose terms, as of the effective date of this Chapter, have not expired. Each such member shall serve as a member of the Council on Development Finance for the period of his unexpired term as a member of the Council on industrial Financing unless he vacates his position by resignation, death, or incapacity.

(c) The Council on Development Finance shall be composed of seven (7) members who shall be appointed by the Governor and serve for a term of three (3) years.

(d) After the adoption of this Act, the next ensuing three (3) vacancies on the Council shall be filled by a member of the bar of the Supreme Court of the State, by a certified public accountant certified by the Board of Accountancy of the State, and by an officer of a bank or trust company located in the State. Subsequent vacancies on the Council shell be filled so that thereafter at least one (1) member shell be a member of the bar of the Supreme Court of the State, at least one (1) member shall be a certified public accountant certified by the Board of Accountancy of the State, and at least one (1) member shall be an officer of a bank or trust company located in the State. At least three (3), but no more then four (4), members of the Council shell be affiliated with one (1) of the major political parties and at least two (2), but no more than three (3), of the members shall be affiliated with the other major political party; provided, however, that there shell be not more than a bare majority representation of one (1) 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.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members in accordance with State law.

(f) A Chairman of the Council shall be chosen by the members of the Council from among Its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) Any appointment, pursuant to this Section, 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.

(h) The Council on Development Finance shall have the power to perform and be responsible for the performance of all the powers, duties, and functions heretofore vested by statute in the Council on industrial Financing immediately prior to the effective date of this Chapter.

§5008. Tourism Advisory Board.

(a) The Tourism Advisory Board is hereby established and shall serve in an advisory capacity to the Director and shall consider matters relating to the promotion of the State as a destination for tourists and other travelers and such other matters as may be referred to it, by the Governor, or by the Director. The Board may study, research, plan, and advise the Director, and the Governor, on matters it deems appropriate to enable the Office to function in the best possible manner.

(b) The Tourism Advisory Board shall be composed of seven (7) members who shall be appointed by the Governor and serve for a term of three (3) years.

(c) Members of the Board shall be residents of the State who are engaged in the tourist industry or who provide direct service to tourists and other travelers. At least two (2) members shall be appointed from each of the three (3) counties of the State. For purposes of this Section, a member's residence shall be considered his principal place of business. At least three (3), but no more than four (4), members of the Board shall be affiliated with one (1) of the major political parties and at least two (2), but not more than three (3), of the members shall be affiliated with the other major politcal party; provided, however, that there shall be no more than a bare majority representation of one (1) major political party over the other major political party. Any person who declines to announce his politcal affiliation shall also be eligible for appointment as a member of the Board.

(d) The Director of the Office, or such person designated by him, shall serve as Secretary to the Board, and shall maintain minutes of all meetings and such other records as are deemed necessary by the Director.

(e) Members of the Board shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members in accordance with State law.

(f) A Chairman of the Board shall be chosen by the members of the Board from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) Any appointment, pursuant to this Section, 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.

§5009 Staff.

(a) The Director and all employees of the Office receiving compensation for services equivalent to or higher than Pay Grade 21, or successor classifications, hired on or after the effective date of this Chapter, shall be exempt from Chapter 59 of this Title. All employees of the Office receiving compensation for services equivalent to or less than Pay Grade 20, or successor classifications, of the State Classified Service, shall be covered in all respects by the provisions of Chapter 59 of Title 29 of the Delaware Code.

(b) The Division of Economic Development of the Department of Community Affairs and Economic Development and all positions therein classified as equal to or higher than Pay Grade 21 of the State's Classified Service, pursuant to Chapter 59 of Title 29 of the Delaware Code are hereby abolished. All positions within the Division classified as equal to or less than Pay Grade 20 shall remain as classified positions and any incumbent employee classified as equal to or less than Pay Grade 20 affected by this Act shall continue to retain all rights, protections, and privileges of the State Classified Service, pursuant to Chapter 59 of Title 29 of the Delaware Code.

(c) Any person classified as Pay Grade 21, or higher, of the State Classified Service, employed by the Office of Management, Budget, and Planning or the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to the effective date of this Chapter who is transferred to the Delaware Development Office on or after the effective date of this Chapter and who is subsequently discharged by that Office, shall receive first preference in all other State employment opportunities which arise after such discharge and for which opportunities such person is qualified. Each such person shall also have the right of first refusal until permanent employment is obtained. The provisions of Chapter 59 of this Title and the rules created pursuant thereto shall apply with regard to the re-employment of such personnel.

(d) In the event of any conflict between or among any personnel who are given a first preference in State employment opportunities or a right of first refusal by any provision of this Chapter or by any other law of the State, such conflict shall be resolved according to the rules of the State Classified Service at the time such conflict arises. This Subsection shall apply only if at least one person governed by a provision of this Chapter Is a party to such a conflict.

§5010. Collection and Distribution of Information.

(a) The Office may collect and disseminate any data or other information including, but not limited to, the population, demographics, and economy of the State. The Office shat take such steps as the Director deems appropriate to emphasize the investment, business, employment, and recreational opportunities and advantages of the State, and the potential for future development within the State.

(b) The Office may elect to publish any information on its own or to use any of the accepted advertising media to carry out the purposes of this Chapter. The Office may also distribute information and materials donated to, or purchased by, the Office, from private or public agencies, organizations, corporations, or individuals.

(c) The Director may offer such publications and other materials described in this Chapter for sale if deemed by him to be in the best interests of the State, provided that the price so charged for the sale of said publications and materials shall not exceed their original cost with the addition of a charge for postage and handling, if applicable.

(d) Such monies as received by the Office from the sale of publications and materials shall be desposited with the Treasurer of the State of Delaware in a Special Fund of the State upon which the Director may draw to replace such publications and materials offered for sale. Unexpended funds remaining in the Special Fund at the close of the fiscal year, and not previously expended or encumbered, shall not revert but shall remain on deposit in such Special Fund for future use pursuant to the provisions of this Section.

§5011. Preparation of Annual Capital Budget.

The Office shall prepare, and amend as necessary, a program of State public works, major capital improvement projects and other facilities undertaken or recommended to be undertaken by the State, or any of the Authorities or other instrumentalities of the State government. Such program shall be submitted as the annual capital budget to the Governor at such time as he shall deem appropriate for submission to the General Assembly. The Director shall maintain a report on the status of all capital projects funded by any debt offering issued by the State or by any of the Authorities or other instrumentalities of State government.

§5012. Assistance for Tourism and Business Promotion.

(a) The Director is hereby authorized and directed to establish a Special Fund of the State to encourage instrumentalities and political subdivisions of the State and private and public non-profit associations to attract new investors and businesses to the State, and to promote the State as a destination for tourists and other travelers.

(b) The Director may contract with any instrumentality or political subdivision of the State, and with any private or public non-profit association, to accomplish any work authorized by this Chapter, provided that the said instrumentality or political subdivision of the State, private or public non-profit association, contributes an equal share to the cost of the project.

(c) The Director shall establish such rules and regulations as are necessary to determine the eligibility of any instrumentality or political subdivision, private or public non-profit association for participation in contracts authorized by this Section. A private or public non-profit association shall submit a Letter of Exemption from the Internal Revenue Service as proof of non-profit status.

(d) The Director may, if he deems it necessary, limit the amount of money granted to any single project funded under this Section. Expenditures from this Special Fund shall be in accordance with the provisions of State law and shall be limited to appropriations provided therefor. Monies on deposit in this Special Fund which are unexpended or unencumbered shall not revert at the end of each fiscal year.

§5013. Assumption of Powers.

The Office shall have the power to perform and shall be responsible for the performance of all powers, duties, and functions heretofore vested by law in the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to the effective date of this Chapter and which are not otherwise specifically transferred by this Chapter.

§5014. Appeals.

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions tranferred by this Chapter to the Office, to any subdivision thereof, or to any council or board created by this Chapter shall continue to exist with respect to such act or acts as hereafter performed by the Office, by the subdivision, by the council, or by the board to which such function is transferred by this Chapter, and each such appeal shall be perfected in the manner heretofore provided by law.

§5015. Tranfers and Continuity.

(a) All property, including all books, records, papers, maps, charts, plans, equipment, and other materials owned by or in the possession of any agency of the State and used in connection with a function tranferred by this Chapter to the Office shall, on the effective date of this Chapter, be delivered Into the custody of the Office. All investigations, petitions, hearings, and legal proceedings pending before, 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 shall continue unabated and remain in full force and effect, notwithstanding the passage of this Chapter and, where necessary, may be completed before, by or in the name of the Office. All orders, rules, and regulations made by any agency from which functions are tranferred 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 modified in accordance with law by the Office. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by this Chapter to the Office 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.

(b) All definitions and references to any commission, board, department, council, or agency which appear M 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 or to any subdivision thereof or to any council or board created by this Chapter, be construed as referring and relating to the Office, to the appropriate subdivision thereof, or to the council or board as created and established by this Chapter.

(c) 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 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.

§5016. Reports and Accountability.

(a) The Office shall submit an annual report to the Governor and the General Assembly on or before October 15 of each year. Such report shall contain summaries of important accomplishments of the Office and summaries of the work of the Council on Development Finance and of the Tourism Advisory Board.

(b) The Office shall also submit special reports upon the request of the Governor, the General Assembly, the Council on Development Finance, or the Tourism Advisory Board or at the discretion of the Director of those aspects of the Office's work which may be deemed of current interest. Copies of all reports shall be made available for general distribution or sale.

(c) In preparing any reports on its operations, the Office may seek the advice of outside experts in the fields of tourist and travel promotion or general economic development.

§5017. Misnomer of Office in Donation.

Any misnomer shall not defeat or annul any gift, grant, devise, or bequest to the Office if it sufficiently appears by the will, conveyance, or other writing that the party making the same intended to pass and convey thereby to the Office, the estate or interest therein expressed or described.

§5018. Budgeting and Financing.

The Director shall prepare a proposed budget for the operation of the Office to be submitted for the consideration of the Governor and the General Assembly. The Budget may be presented in any manner consistent with guidelines provided by the Budget Director, provided, however, that at least one (1) Budget Unit, or successor budgetary component, shall detail the Governor's proposed budget for the support of tourism. The Office shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants, or appropriations.

§5019. Supremacy.

All other laws or parts of laws now in effect inconsistent with this Chapter are hereby repealed, superseded, modified, or amended so far as necessary to conform to, and give full force and effect to, this Chapter."

Section 3.

(a) Amend Chapter 91 of Title 29 of the Delaware Code by redesignating Subchapter B, being §§9121 through 9124 of said Subchapter as a new Subchapter II of Chapter 50 of Title 29, being §§5030 through 5033 respectively.

(b) Amend new Subchapter II of Chapter 50 of Title 29 of the Delaware Code by deleting therefrom the words "Office of Management, Budget and Planning" in their entirety as such words appear in said Subchapter and inserting in lieu thereof the words "Delaware Development Office".

(c) Amend new §5031 of Title 29 of the Delaware Code by deleting therefrom the words "§9110" in their entirety as such words appear In said new Section and inserting in lieu thereof the words "S5011".

Section 4.

(a) Amend Chapter 91 of Title 29 of the Delaware Code by redesignating Subchapter III, being §§9130 through 9135 of said Subchapter, as a new Subchapter III of Chapter 50 of Title 29 of the Delaware Code, being §§5040 through 5045 respectively.

(b) Amend new Subchapter III of Chapter 50 of Title 29 of the Delaware Code by deleting therefrom the words "Office of Management, Budget, and Planning" in their entirety as such words appear in said Subchapter and inserting in lieu thereof the words "Delaware Development Office".

(c) Amend new §5041 of Title 29 of the Delaware Code by deleting therefrom the words "§9110" In their entirety as such words appear In said new Section and inserting in lieu thereof the words "§5011".

Section 5.

(a) Amend Title 6 of the Delaware Code and new Chapter 50 of Title 29 of the Delaware Code by redesignating the present Chapter 70 of Title 6 of the Delaware Code as a new subchapter IV of Chapter 50 of Title 29 to be entitled "Delaware Economic Development Authority" and by renumbering §§7001 through 7017 of Title 6 as §§5051 through 5067 respectively of Chapter 50 of Title 29 of the Delaware Code.

(b) Amend new Subchapter IV of Chapter 50 of Title 29 of the Delaware Code by deleting therefrom the words "this chapter" wherever such words appear in said new Subchapter and inserting in lieu thereof the words "this Subchapter" except where such words appear in Subsection (e) of new §5054, of new Subchapter IV of Chapter 50 of Title 29 of the Delaware Code.

(c) Amend new Subchapter IV of Chapter 50 of Title 29 of the Delaware Code by deleting therefrom the word "Secretary" wherever such word appears in said new Subchapter in reference to the Secretary of the Department of Community Affairs and Economic Development and Inserting in lieu thereof the word "Director" In reference to the Director of the Delaware Development Office.

(d) Amend new Subchapter IV of Chapter 50 of Title 29 of the Delaware Code by deleting therefrom the words "Department of Community Affairs and Economic Development" wherever such words appear in said new Subchapter and inserting in lieu thereof the words "Delaware Development Office".

(e) Amend new Subchapter IV of Chapter 50 of Title 29 of the Delaware Code by deleting therefrom the words "Council on Industrial Financing" as such words appear in said new Subchapter and inserting in lieu thereof the words "Council on Development Finance".

(f) Amend new §5052 of Title 29 of the Delaware Code by deleting therefrom Subsection 5052(14) in its entirety and inserting in lieu thereof a new Subsection 5052(14) to read as follows:

"(14) 'Director' means the Director of the Delaware Development Office."

(g) Title to property held in the name of the Department of Community Affairs and Economic Development by virtue of its exercise of any powers pursuant to Chapter 70 of Title 6 of the Delaware Code as in effect prior to June 25, 1980, shall, upon adoption of this Act, be vested in the Delaware Economic Development Authority.

(h) Amend Chapter 74 and Chapter 94 of Title 29 of the Delaware Code by deleting therefrom the words "Office of Management, Budget and Planning" in their entirety as such words appear in said Chapter and inserting in lieu thereof the words "Delaware Development Office".

(a) Amend Chapter 91 of Title 29 of the Delaware Code by striking Subsections 9108(e)(5) and 9108(e)(6) and §9110 in their entirety.

Section 6. Amend Title 29 of the Delaware Code by adding a new §8525 to read as follows: "§8525. Development of Employment Opportunities.

The Department of Labor and the Delaware Development Office shall be jointly responsible for developing new and improved employment opportunities and coordinating with all other State and local agencies and private organizations in this field. The Governor and the General Assembly shall be kept fully apprised by the Department of Labor and the Delaware Development Office of all State, local, and private activities in the employment development field."

Section 7. Amend those chapters of the Delaware Code and those Laws of Delaware not herein amended by this Act by deleting therefrom the words "Department of Community Affairs and Economic Development" wherever such words appear in said Code and said Laws and inserting in lieu thereof the words "Department of Community Affairs".

Section 8. Insofar as the provisions of this Act are Inconsistent with the provisions of any general, spec al, or local laws, or parts thereof, the provisions of this Act shall be controlling.

Section 9. If any section, part, phrase, or provision of this Act or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to that section, part, phrase, provision, or application directly Involved In the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Aet or the application thereof.

Section 10. To the extent that this Act transfers duties and functions of the Division of Economic Development of the Department of Community Affairs and Economic Development or the Office of Management, Budget, and Planning, the Budget Director and the Controller General are hereby authorized and directed to transfer such funds and such positions as may be necessary to carry out the provisions of this Act for the remainder of Fiscal Year 1982.

Section 11. The provisions of the Delaware Sunset Act (Chapter 102 of Title 29 of the Delaware Code) shall apply to the Delaware Development Office, except that effective January 15, 1985, the powers enumerated in new Section 5006 (4) and Section 5011 of Title 29 and Sections 3 and 4 of this Act shall automatically be transferred to the Office of the Budget and shall not be subject to abolition pursuant to Chapter 102 of Title 29.

Section 12. This Act shall become effective November 1, 1981.

Approved October 23, 1981.