CHAPTER 191

FORMERLY

SENATE BILL NO. 368

AS AMENDED BY SENATE AMENDMENTS NOS. 1 & 2

AN ACT AMENDING TITLES 7, 14, 16, AND 29 OF THE DELAWARE CODE BY TRANSFERRING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL RESPONSIBILITY FOR THE ADMINISTRATION OF THE STATE'S COASTAL ZONE ACT AND COASTAL MANAGEMENT PROGRAM, TRANSFERRING TO THE BUDGET OFFICE RESPONSIBILITY FOR PROVIDING SUPPORT TO THE DELAWARE STATE CLEARINGHOUSE COMMITTEE, CREATING A CABINET COMMITTEE ON STATE PLANNING ISSUES AND AN ADVISORY PANEL ON INTERGOVERNMENTAL PLANNING AND COORDINATION, AMENDING AN ACT ENTITLED, "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1982; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS," BEING HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 250 OF THE 131ST GENERAL ASSEMBLY OF THE STATE OF DELAWARE, AND MAKING OTHER NECESSARY CONFORMING AMENDMENTS TO THE LAWS OF DELAWARE AND THE DELAWARE CODE.

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

Section 1.

(a) Amend Chapter 70 of Title 7 of the Delaware Code by striking the words "Office of Management, Budget, and Planning" as such words appear in said Chapter and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".

(b) Further Amend Chapter 70 of Title 7 of the Delaware Code by striking the word "Director" as such word appears in said Chapter in reference to the Director of the Office of Management, Budget, and Planning and inserting in lieu thereof the word "Secretary" in reference to the Secretary of the Department of Natural Resources and Environmental Control.

(c) Amend 97006 of Title 7 of the Delaware Code by striking from the first sentence thereof the number "10" as it appears in said Section and inserting in lieu thereof the number "9".

(d) Further Amend §7006 of Title 7 of the Delaware Code by striking the words "The additional 5 members shall be the Secretary of Natural Resources and Environmental Control, the Secretary of Community Affairs and Economic Development," as such words appear in said Section and inserting in lieu thereof the words "The additional four (4) members shall be the Director of the Delaware Development Office,"

Section 2. Amend Chapter 91 of Title 29 of the Delaware Code by striking §§9101 through 9113 in their entirety and inserting in lieu thereof the following:

"§9101. Cabinet Committee.

(a) A Cabinet Committee on State Planning Issues is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members:

(1) The Secretary of the Department of Natural Resources and Environmental Control.

(1) The Secretary of the Department of Transportation.

(1) The Secretary of the Department of Agriculture.

(1) The Director of the Delaware Development Office.

(5) Such others as the Governor may designate.

(b) The Governor shall designate one member to serve as Chairman of the Committee.

(c) The Committee shall consider matters relating to the orderly growth and development of the State, Including, but not limited to:

(1) Recommendations for the most desirable general pattern of land use within the State, in light of the best available information concerning topography, climate, soil and underground conditions, water courses and bodies of water and other natural or environmental factors, as well as in light of the best available information concerning the present and prospective economic bases of the State, trends of industrial, population or other developments, the habits and standards of life of the people of the State and the relation of land use within the State to land use within adjoining areas;

(2) The major circulation pattern recommended for the State, including major routes and terminals of transportation and communication facilities, whether used for movement of people and goods within the State or for movement from and to adjoining areas; and

(1) Recommendations concerning the need for and the proposed general location of major pubiic and private works and facilities, such as utilities, flood control works, water reservoirs and pollution control facilities, military or defense installations, and other governmentally financed or owned facilties.

(d) The Cabinet Committee shall meet and shall consult with the Advisory Panel on Intergovernmental Planning and Coordination as necessary; however, at least two such meetings shall be held in each calendar year.

(e) The Cabinet Committee shall submit a report on its activities to the Governor and the General Assembly by the fifteenth day of October of each year, together with the recommendations for legislative and/or administrative changes it deems desiraole.

(f) The Cabinet committee's proceedings shall be conoucted in accordance with the provisions of Chapter 100 of Title 29 of the Delaware Code (Freedom of Information Act).

(g) The Cabinet Committee shall be assisted by staff designated by each participating agency, and shall work in cooperation with all federal, State, and local agencies of government and with private organizations and individuals to obtain all necessary and relevant information for its assignments.

§9102. Advisory Panel.

(a) The Cabinet Committee shall be assisted in its efforts by an Advisory Panel on Intergovernmental Planning and Coordination whose membership shall include:

(1) Two members from each county to be appointed by the Governor.

(1) A member appointed by the President Pro Tempore of the 'Delaware State Senate and a member appointed by the Speaker of the House of Representatives of the State of Delaware.

(b) Members of the Panel shall serve for a term of three (3) years, however, three (3) of the initial appointees shall serve for a term of three (3) years, three

(3) shall serve for a term of two (2) years, and two (2) shall serve for a term of one (1) year.

(c) At least four (4), but no more than five (5), members of the Advisory Panel shall be affiliated with one (1) of the major political parties and at least three (3), but no more than four (4), of the members shall be affiliated with the other major political 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 political affiliation shall also be eligiole for appointment as a member of the Advisory Panel on Intergovernmental Planning and Coordination.

(d) Members of the Advisory P4nel 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.

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

(f) 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.

(g) The Advisory Panel shall cooperate with the Cabinet Committee to ensure that State and local planning issues, development policies, and resource management efforts are complementary to the maximum extent possible.

(h) The Advisory Panel shall be empowered to hear appeals permitted under the State's Land Use Planning Act, created pursuant to Chapter 92 of Title 29 of the Delaware Code."

Section 3.

(a) Amend Title 29 of the Delaware Code by deleting therefrom §7601 in its entirety and inserting in lieu thereof a new §7601 to read as follows:

§7601. State Clearinghouse Committee.

There is hereby established the Delaware State Clearinghouse Committee for Federal Aid Coordination. The Committee shall consist of the Chairman and the Vice-Chairman of the Joint Finance Committee, the Controller General, the State Treasurer, the Personnel Director, the Budget Director, the Director of the Delaware Development Office, and the Secretary of Finance. The Chairman and Vice-Cnairman of the Joint Finance Committee shall serve as Chairman and Vice-Chairman respectively of the Clearinghouse Committee. The Chairman and Vice-Chairman of the Clearinghouse Committee shall continue to serve in these capacities at the end of each General Assembly until their successors are appointed by the succeeding General Assembly. The Budget Director shall function as the Secretary of the Committee, and the Budget Office shall provide the necessary staff support. The Office of the Controller General shall provide staff support to the Committee as required by the Chairman and Vice-Cnairman."

(b) Amend §§7603 and 7604 of Title 29 of the Delaware Code by deleting therefrom the words "Office of Management, Budget, and Planning. as such words appear in said Section and inserting in lieu thereof the words "Budget Office".

Section 4.

(a) Amend Chapter 170 of Volume 63 of the Laws of Delaware by striking the words "Office of Management, Budget, and Planning" in their entirety as they appear in said Volume and Chapter and inserting in lieu thereof the words "The Executive Department".

(b) Amend §1057 of Title 14 of the Delaware Code by deleting therefrom the words "Director of State Planning" in their entirety as such words appear in said Section and inserting in lieu thereof the words "Cabinet Committee on State Planning Issues".

(c) Amend Chapter 18 of Title 14 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".

(d) Amend §9402 (a) (4) of Title 16 of the Delaware Code by deleting therefrom the words 'the Director of the Office of Management, Budget and Planning' as such words appear in said section and inserting in lieu thereof the words the Secretary of the Department of Community Affairs'.

(e) Amend §8404 of Title 29 of the Delaware Code by striking the words "State Planning Office" as they appear in said Section and inserting in lieu thereof the words "Delaware Development Office".

(a) Amend Chapter 407 of Volume 62 of the Laws of Delaware by deleting therefrom the words "Office of Management, Budget, and Planning" as such words appear in said Chapter and inserting in lieu thereof the words "Delaware Development Office".

(g) Amend Chapter 416 of Volume 62 of the Laws of Delaware by deleting therefrom in its entirety Section 2.

(h) Amend Chapter 118 of Volume 63 of the Laws of Delaware by striking the words "Office of Management, Budget, and Planning" in their entirety as they appear in said Volume and Chapter and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".

(i) Amend §4701, 5806, and 6107 of Title 7 of the Delaware Code by striking the words "State Planning Office" in their entirety as such words appear in said Sections and inserting in lieu thereof the words "Cabinet Committee on State Planning Issues".

Section 5.

(a) Amend Chapters 91 and 84 of Title 29 of the Delaware Coae by redesignating §9114 as a new §8430 of Title 29 of the Delaware Code.

(b) Amend new 98430 of Title 29 of the Delaware Code by striking the words "Office of Management, Budget, and Planning" in their entirety as they appear in new Subsection 8430(4) and inserting in lieu thereof the words "Delaware Development Office".

Section 6.

(a) Amend Chapter 92 of Title 29 of the Delaware Code by striking the words "Office of Management, Budget, and Planning" in their entirety as they appear in said Chapter and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".

(b) Further Amend Chapter 92 of Title 29 of the Delaware Code by striking the words "Council on State Planning" and "Council" in their entirety as they appear in said Chapter and inserting in lieu thereof the words "Advisory Panel on Intergovernmental Planning and Coordination" and "Advisory Panel" respectively.

Section 7.

(a) The operations of the Delaware Development Office and the Delaware Economic Development Authority shall be governed, to the extent permitted by law, by the Freedom of Information Act (Chapter 100, Title 29 of the Delaware Code).

(a) All officers and employees of the Delaware Development Office and the Delaware Economic Development Authority shall comply with the provisions of Chapter 58A of Title 29 of the Delaware Code.

Section 8. Amend Section 1 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware, being an Act entitled "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1982; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS, ANO AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS" by striking lines 16 through 26 of page 7 in their entirety and inserting in lieu thereof the following:

"(10-02-000) office of the Budget Year Ending June 30, 1982

(10-02-001) Budget Office

(2) Salaries (24) $ 559.6

Other Employment Costs 129.8

Travel 8.1

Contractual Services 95.5

Supplies and Materials 8.7

Capital Outlay 8.3

Data Processing 45.4

Other Items 385.0

Washington Contingency (2) 93.0

TOTAL -- Budget Office $1,333.4"

Section 9. Further amend Section 1 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking lines 1 through 10 on page8, lines 18 through 45 on page 41, and lines 1 through 10 on page 42 in their entirety and inserting in lieu thereof the following:

"(10-03-000) Delaware Development Office

Year Ending June 30, 1982

(10-03-001) Office of the Director

 

(2) Salaries (13)

$ 243.5

Other Employment Costs

56.2

Travel

1.0

Contractual Services

4.0

Supplies and Materials

5.0

Capital Outlay

1.0

TOTAL -- Office of the Director

$ 310.7

(10-03-002) Tourism

 

Salaries (8)

$ 115.7

Other Employment Costs

29.3

Travel

12.2

Contractual Services

224.7

Supplies and Materials

8.6

Capital Outlay

5.0

Contingency - Junior Miss Pageant

.3

Contingency - Mother of the Year

.5

Contingency - Young Mother of the Year

.5

Other Items - Business and Tourist Promotion

75.0

TOTAL - Tourism

$ 471.8

(10-03-003) Economic Development

 

(12) Salaries (18)

$ 307.2

Other Employment Costs

65.4

Travel

30.5

Contractual Services

89.3

Supplies and Materials

18.7

Capital Outlay

15.9

Other Items

60.6

Subtotal

$ 587.6

Debt Service

 

General Obligation Bonds

$ 25.2

Guaranteed General Obligation Bonds

791.6

TOTAL -- Economic Development

$ 1404.4

TOTAL -- Delaware Development Office

$ 2186.9"

Section 10. Further Amend House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by adding a new Section as follows:

"(10-07.001) Delaware Criminal Justice Planning Commission

(12) Salaries (3) $ 49.5

Other Employment Costs 14.8

Travel 3.4

Contractual Services 13.8

Supplies and Materials 1.3

Data Processing 6.6

TOTAL -- Delaware Criminal Justice Planning Commission $89.4"

Section 11. Further Amend House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking lines 1 through 12 on page 31 in their entirety and inserting in lieu thereof the following:

"(40-00-000) DEPARTMENT OF NATURAL RESOURCES Year Ending June 30, 1982

AND ENVIRONMENTAL CONTROL

(40-01-001) Department Management

(22.5) Salaries (24.5) 431.7

Other employment costs 109.2

Travel 1.5

Contractual Servoces 67.7

Supplies and Materials 13.0

Capital Outlay 7.0

Subtotal 630.1

Debt Service 2.022.5

$2.652.6"

Section 12. Further Amend House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking lines 1 though 11 on page 40 and inserting in lieu thereof the following:

"(50-01-000) DEPARTMENT OF COMMUNITY AFFAIRS Year Ending June 30, 1982

(50-01-000) Office of the Secretary

(50-01-000) Administration

Salaries (14) $ 278.6

Other Employment Costs 67.5

Travel 2.0

Contractual Services 18.6

Supplies and Materials 5.3

Capital Outlay 3.5

TOTAL -- Administration $ 375.5"

Section 13. Further Amend House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by recomputing all subtotals and totals and renumbering all lines, paragraphs, sections, and pages of Section 1 which are effected by this Act.

Section 14. Amend Section 10 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking lines 8 and 9 of page 90 in their entirety and Inserting in lieu thereof the following:

"8 (10-03-001) Director - Delaware Development

9 Office 36.5 12.1"

Section 15.

(a) Amend Section 10 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking lines 15 and 16 of page 92 in their entirety and inserting in lieu thereof the following:

"(50-01-001) Secretary - Community Affairs 38.6"

(b) Amend Section 10 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking lines 21 and 22 of page 92 in their entirety.

Section 16. Further Amend Section 10 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by renumbering all lines and pages of said Sections effected by this Act.

Section 17. Amend the Index to Section 1 and the Index to the Epilogue of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking the words "Office of Management, Budget, and Planning" wherever said words appear and inserting in lieu thereof the words "Delaware Development Office".

Section 18. Further Amend the Index to Section 1 and the Index to the Epilogue of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking the words "Oepartment of Community Affairs and Economic Development" wherever said words appear and inserting in lieu thereof the words "Department of Community Affairs".

Section 19. Amend Section 34 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking the words "Office of Management, Budget, and Planning" as they appear in said Section and inserting in lieu thereof the words"Executive Department".

Section 20. Amend Section 35 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking the words "Office of Management, Budget, and Planning" as they appear in said Section and inserting in lieu thereof the words"Budget Office".

Section 21. Amend Section 37 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking the words "the Oirector of the Office of Management, Budget, and Planning" as they appear and inserting in lieu thereof the words "a senior employee of the Executive Oepartment designated by the Governor".

Section 22.

(a) Amend Sections 38 and 39 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by striking the words "Office of Management, Budget, and Planning (10-03-001)" as they appear in said Sections and inserting in lieu thereof "The Executive Department - Delaware Criminal Justice Planning Commission (10-07-001)".

(b) Further Amend Section 39 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Oelaware by striking the words "four (4)" as they appear in said Section and inserting in lieu thereof the words "twelve (12)".

Section 23. Amend Section 94 of House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Oelaware by striking lines 13 through 16 of page 126 in their entirety and inserting in lieu thereof the following:

"13 Section 94. Section 1 of this Act provides an appropriation to the

14 Economic Oevelopment Budget Unit (10-03-003) of the Oelaware Oevelopment

15 Office for Other Items. Of that amount, $10.0 will be made available for

16 use by the 'Why Not Oelaware Committee.'"

Section 24. Amend House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Oelaware by striking Sections 98 and 99 in their entirety and by renumbering Sections 100 though 123 as Sections 98 through 121.

Section 25. Amend House Substitute No. 1 for House Bill No. 250 of the 131st General Assembly of the State of Delaware by adding a new Section 122 to read as follows:

"Section 122. Section 1 of this Act provides a $75,000 appropriation for Other Items - Business and Tourist Promotion to the Tourism Budget Unit (10-03-002) of the Delaware Development Office. These funds shall be used as the initial deposit to the Special Fund authorized for such purposes by new §5012 of Title 29 of the Delaware Code."

Section 26. All funds heretofore authorized in Capital Improvements Acts of the State of Delaware and appropriated to the Office of Management, Budget, and Planning which remain unexpended or unencumbered are hereby transferred to the Delaware Development Office.

Section 27. Insofar as the provisions of this Act are inconsistent with the provisions of any general, special, or local laws, or parts thereof, the provisions of this Act shall be controlling.

Section 28. 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 convinced 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 Act or the application thereof.

Section 29. This Act shall become effective November 1, 1981.

Approved October 23, 1981.