CHAPTER 195

FORMERLY

HOUSE BILL NO. 421

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND TITLES 5 AND 29 OF THE DELAWARE CODE, PROVIDING REORGANIZATION OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES: BY THE TRANSFER OF THE STATE BANK COMMISSIONER FROM THE DEPARTMENT OF ADMINISTRATIVE SERVICES TO THE DEPARTMENT OF STATE; BY THE REORGANIZATION OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES THROUGH THE CONSOLIDATION AND ESTABLISHMENT OF DIVISIONS WITHIN THE DEPARTMENT; AND BY THE TRANSFER OF RESPONSIBILITY FOR THE STATE-FACILITIES ENERGY MANAGEMENT PLAN TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1.

A. Amend Title 29 of the Delaware Code by redesignating Sections 8811 and 8812 as new Sections 8720 and 8721 of Chapter 87 of Title 29.

B. Amend Chapter 1 of Title 5 of the Delaware Code by striking the words "Administrative Services" wherever they appear in said chapter and insert in lieu thereof the word "State".

C. Amend Title 29 of the Delaware Code by redesignating Subsection 8814(6) as new Subsection 8708(5) and by deleting Subsection 8810(a)(1)n.

Section 2.

A. Amend Section 8803 of Title 29 of the Delaware Code by striking Subsection (2) in its entirety and substituting in lieu thereof the following:

"(2) To appoint and fix the salary of, with the written approval of the Governor, the following division directors, who may be removed from office by the Secretary with the written approval of the Governor and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

(a) A Director of the Division of Central Data Processing who shall be known as the Director of Central Data Processing, and who shall be qualified by training and experience to perform the duties of his office;

(b) A Director of the Division of Support Operations who shall be known as the Director of Support Operations, and who shall be qualified by training and experience to perform the duties of his office;

(c) A Director of the Division of Purchasing who shall be known as the Director of Purchasing, and who shall be qualified by training and experience to perform the duties of his office;

(d) A Director of the Division of Facilities Management who shall be known as the Director of Facilities Management, and who shall be qualified by training and experience to perform the duties of his office;

(e) A Director of the Division of Alcoholic Beverage Control who shall be known as the Director of Alcoholic Beverage Control, and who shall be qualified by training and experience to perform the duties of his office;

(f) A Director of the Division of Public Utilities Control who shall be known as the Director of Public Utilities Control, and who shall be qualified by training and experience to perform the duties of his office;

(g) A Director of the Division of Business and Occupational Regulation who shall be known as the Director of Business and Occupational Regulation, and who shall be qualified by training and experience to perform the duties of his office."

B. Amend Section 8803 of Title 29 of the Delaware Code, by adding thereto two new Subsections (11) and (12) to read as follows:

"(11) To accept and to receive, in furtherance of the Department's function, funds, grants and services from the federal government or its agencies;

(12) Assume such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with the Laws of this State."

C. Amend Chapter 88 of Title 29 of the Delaware Code by striking Sections 8804 through 8809 in their entirety and substituting in lieu thereof the following new Sections 8804 through 8809:

"§8804. Office of Planning Systems Development

(a) The office of Planning Systems Development is established having powers, duties and functions related to information systems acquisition and procurement as follows:

(1) The Director is empowered and directed to make studies of all facets of data processing, word processing, computer and computer-related telecommunications concepts in state government or systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including approval or disapproval of systems installed or to be installed or of changes or additions in or to equipment in any or all of the various state agencies, regardless of the method or source of funding.

(1) No data processing, word processing, computer or computer-related telecommunications equipment or software system acquisitions may be purchased, leased, rented or otherwise acquired by any state agency, department or institution without prior written approval of the Secretary of Administrative Services. Such approval shall not be made unless the Director has received complete details, including rental costs, detailed machine and equipment specifications, programs to be processed and any other data which he may require. All the data and pertinent programming information shall be furnished to the Director at least 90 days prior to the execution of any purchase, lease or rental contract.

(2) a. No new computer or computer-programming related systems study may be initiated by any Department/Agency unless covered by a formal project approved by the Department/Agency head. Such project will be in the form prescribed by the Director of Planning Systems Development but shall include in any cases a statement of work to be done, existing work to be modified or displaced; total cost of system development and conversion effort; including but not limited to systems analysis and programming cost, establishment of master files, testing, documentation, special equipment cost and all other costs, including full overhead; savings or added operating costs that will result after conversion; other advantages or reasons that justify the work; source of funding for the work; and whether or not work is within scope of work envisioned when the current fiscal year budget was approved.

No project is to be undertaken which is beyond the scope of work positively funded by the General Fund or a Special Fund. This subsection applies to all computer or computer-related systems development performed by Department of Administrative Services, a Department/Agency itself or an outside contractor, and also applies to new computer programs or systems purchased or otherwise acquired and placed in use.

b. All projects are to be signed by the Secretary of Administrative Services and the concerned Department/Agency head, or his designee, before work is begun except such relatively minor feasibility work required to prepare the project. Copies of all projects are to be provided to the Budget Director and the Controller General. in support of all projects executed between the Department of Administrative Services and the concerned Department/Agency, the Department of Administrative Services shall maintain staff support to the benefiting Department/Agency at the projected level of effort until the project work has been accomplished.

(b) The office of Planning Systems Development shall have powers, duties and functions associated with and be responsible for the development and coordination of new management improvement programs within the Department of Administrative Services.

(c) The Office of Planning Systems Development shall asume such other powers, duties and functions as the Secretary may assign which are not otherwise inconsistent with the Laws of this State.

(d) The Director of the Office of Planning Systems Development shall be an employee of the classified service of the State.

§8805. Division of Central Data Processing

(a) The Division of Central Data Processing is established having powers, duties and functions as follows:

(1) Provide operations and production support to ensure the efficient and reliable operation of the State's computer and telecommunications network;

(1) Provide technical support and assistance to maintain control programs for computer operations, program development, telecommunications network operation, and data base management;

(2) Evaluate the performance of computer system equipment;

(3) Provide analytical and programming support to maintain and upgrade existing information systems, applications and programs.

(b) The Division shall promote cooperation between the several state agencies, departments and institutions in order that work may be done by one agency for another agency and equipment and/or technical personnel in one agency may be made available to another agency and promote such improvements as may be necessary in Joint or cooperative data processing operations. The Director, with the consent of the Secretary of Administrative Services, is authorized to purchase, lease or rent data processing equipment in the name of the Department and to operate the equipment in providing services to one or more state agencies, departments and institutions. When in the opinion of the Secretary of Administrative Services better and more efficient data processing services can be performed, the Director may enter into lease or purchase agreements with state agencies in the acquiring or the use of any data processing equipment and use such equipment in a consolidated or cooperative program. When the Division acts as a cooperative or consolidated data processing operating agency, the cost of the operation shall be prorated among the state agencies utilizing the data processing services provided thereby. The Director shall decide on the number of data processing centers, including the size of each and shall be empowered to pick the site or sites for the centers and the controlling agency.

(c) Any consolidated or cooperative plan approved by the Director shall be given effect. The Secretary of Administrative Services shall be the referee in all matters pertaining to the division of coat of data processing operations between the several agencies. The Department of Administrative Services shall maintain as a paramount consideration the successful internal organization and duties of the several agencies so that efficiency existing in the agencies shall not be adversely affected or impaired by the decisions that are made.

(d) The Division of Central Data Processing shall assume such other powers, duties and functions as the Secretary may assign which are not otherwise inconsistent with the Laws of this State.

§8806. Division of Support Operations

(a) The Division of Support Operations is established having powers, duties and functions as follows:

(1) Provide communication, telephone, messenger and mall services to State agencies;

(2) Provide graphics and printing services, including but not limited to printing, duplicating, photography, and photocopying, to all State agencies.

(b) The Division of Support Operations shall assume such other powers, duties, and functions as the Secretary may assign which are not otherwise inconsistent with the Laws of this State.

§8807. Division of Purchasing

(a) The Division of Purchasing is established having powers, duties and functions relating to the distribution of surplus property as follows:

(1) The Division may:

a. Acquire from the United States of America in conformity with the federal Property and Administrative Services Act of 1949 as amended (40 U.S.C.A. §484 et seq.), surplus property;

b. Warehouse such property;

c. Distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under §501 of the United States Internal Revenue Code of 1954 (26 U.S.C. §501), to civil defense organizations of the State, duly authorized volunteer fire departments within the State or political subdivisions and instrumentalities thereof, which are established pursuant to state law and to such other types of institutions or activities as may become eligible under federal law to acquire such property;

d. Receive applications from eligible institutions for the acquisition of federal surplus real property, investigate the same, make recommendations regarding the need of such applicant for the property and otherwise assist in the processing of such applications for acquisition of real and related personal property of the United States under §203(k) of the federal Property and Administrative Services Act of 1949 (40 U.S.C. S484);

e. Make such certifications, take such action, make such expenditures and enter into such contracts, agreements and undertakings for and in the name of the State including cooperative agreements with any federal agencies providing for utilization by, and exchange between them, of the property, facilities, personnel and services of each by the other, and require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing and distribution of personal property received from the United States of America.

(4) Collect and furnish to any state agency, local government unit or duly authorized volunteer fire departments within the State market prices and such other information as will be usable in purchasing;

(5) Serve as a clearinghouse for information on bids for supplies, materiel or contractual services for state agencies, local government units or duly authorized volunteer fire departments within the State;

(6) Peform such other services and duties as may encourage the most economical purchasing by state agencies, local government units or duly authorized volunteer fire departments within the State.

(c) The Secretary of Administrative Services may charge any agency of this State, local government unit or duly authorized volunteer fire departments within the State, for which the Department makes purchases or to which it distributes materiel, a reasonable service charge.

(d) Any state agency, local government unit or duly authorized volunteer fire department within the State for which the Department makes purchases or supplies contractual services shall pay to the Department the cost of such purchases or services.

(e) The Secretary of Finance shall maintain, in the name of the Department of Administrative Services, a special revolving account. There shall be deposited in this account all monies and credits received from other state agencies, local governmental units or duly authorized volunteer fire departments within the State. Fund shall be expended from this account to cover the costs of handling and distributing materiel and the costs of supplies and contractual services purchased for or supplies to other state agencies, local governmental units or duly authorized volunteer fire departments within the State. Whenever the Department of Administrative Services and the Budget Director determine that the special account contains a surplus, the surplus shall be turned over to the General Fund of the State.

(f) As used in this section:

(1) "Duly authorized volunteer fire department" shall mean a volunteer fire department recognized as such by the State Fire Prevention Commission.

(2) "Local government unit" shall mean any municipality incorporated In this State under the authority of the General Assembly and any of the three counties.

(g) The Division of Purchasing shall assume such other powers, duties and functions as the Secretary may assign which are not otherwise inconsistent with the Laws of this State.

§8808. Division of Facilities Ma Bement

(a) The Division of Facilities Management is established having powers, duties and functions as follows:

(1) Advise the Secretary on the allocation of existing space in facilities owned or leased by the State among State agencies, boards and commissions;

(2) Advise the Secretary on any need to acquire additional facilities for any State agency, board or commission;

(1) Provide facility maintenance programs, including but not limited to building maintenance, grounds maintenance, security and custodial services.

(b) The Division of Facilities Management may review all building design, construction, and operations for state agencies, including school districts. The purpose of this review shall be to:

(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;

(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance performance;

(3) Advise, recommend and refer to the Governor matters dealing with state building design and construction practice;

(4) Review bidding procedures and study and make recommendations dealing with bid laws;

(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that will satisfy a particular function;

(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of state facilities.

(c) The Division of Facilities Management shall be responsible for implementing the state-facilities energy management plan to ensure that energy conservation methods are employed in all new and existing facilities owned by State agencies or local school districts. The State-facilities energy managment plan shall include but not be limited to the following:

(1) Development, promulgation and maintenance of standards to be applied and enforced by the Department of Administrative Services in reviewing the design, construction, renovation and maintenance of facilities owned by State agencies or local school districts;

(2) A program of energy audits of facilities owned by State agencies or local school districts in cooperation with designated representatives of said facilities;

(3) Development, maintenance and distribution to facilities owned by State agencies or local school districts of guidelines, recommendations and technical assistance for energy conservation measures to be employed, installed and monitored in said facilities;

(4) A detailed description of the estimated energy savings.

(d) The Division of Facilities Management shall be responsible for the performance of all the powers, duties and functions vested in the Department of Administrative Services pursuant to Chapter 4 of Title 29 of the Delaware Code.

(e) The Division of Facilities Management shall assume such other powers, duties, and functions as the Secretary may assign which are not otherwise inconsistent with the Laws of this State.

§8811. Division of Public Utility Control

The Division of Public Utility Control is established having powers, duties and functions as f allows:

(a) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the Public Service Commission, except to the extent such powers, duties and functions are vested in the Public-Service Commission under the provisions of Chapter 1 of Title 26 of the Delaware Code.

(b) Such other powers and functions as the Secretary may assign which are not otherwise inconsistent with Title 26 or the other laws of the State.

§8812. Division of Alcoholic Beverage Control

The Division of Alcoholic Beverge Control is established having powers, duties and functions as follows:

(a) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the Alcoholic Beverage Commission as set forth in Chapter 3 of Title 4 of the Delaware Code.

(a) Such other powers and functions as the Secretary m.y assign which are not otherwise inconsistent with the laws of the State."

E. Amend Chapter 88 of Title 29 of the Delaware Code by striking Sections 8814 and 8815 in their entirety and substituting in lieu thereof the following new Sections 8814 and 8815;

"§8814. Exemptions

The following positions set forth in this section shall be exempt from Chapter 59 of Title 29 of the Delaware Codes

(1) Secretary of Administrative Services;

(2) Director of Central Data Processing;

(3) Director of Support Operations;

(4) Director of Purchasing;

(5) Director of Facilities Management;

(6) Director of Alcoholic Beverage Control;

(7) Director of Public Utilities Control;

(8) Director of Business and Occupational Regulation.

§8815. Functions Prior to Effective Date of this Chapter

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested in the Division of Facilities Managment, Division of Maintenance and Communications, Division of Purchasing, Division of Central Data Processing, Division of Graphics and Printing, Division of Business and Occupational Regulation, Division of Alcoholic Beverage Control, Division of Public Utility Control and the State Architect within the Department of Administrative Services immediately prior to the effective date of this chapter and which are not otherwise specifically assigned to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such person, department, board, commission or agency."

F. Amend Chapters 66 and 68, Title 29, Delaware Code, by striking them in their entirety.

G. Amend Chapter 94, Title 29, Delaware Code, by striking Section 9410 in its entirety.

Section 3.

All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this Act to several Departments named in this Act shall, on the effective date of this Act, be delivered into the custody of said Departments. All investigations, petitions, hearings and legal proceedings pending before, or instituted by, any agency from which functions are transferred by this Act and which are not concluded prior to the effective date of this Act shall continue unabated and remain in full force and effect, notwithstanding the passage of this Act and, where necessary, may be completed before, by or in the name of the Departments. All orders, rules and regulations made by any agency from which functions are transferred by this Act 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 Departments. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by this chapter to the Departments and being in force on the effective date of this Act, shall, notwithstanding this Act, remain in full force and effect and be performed by the Department.

Employees of any commission, board, department, council or agency whose functions are consistent with this Act and have been transferred to the Departments named by this Act, shall continue and be deemed to be the employees of said Departments on the effective date of this Act and, where applicable, with all the benefits accrued as merit employees as of the effective date of this Act.

All 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 Act and in connection with a function transferred by this chapter to the Departments named in this Act, be construed as referring and relating to the said Departments as reorganized in this Act.

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 Act, and in connection with a function transferred by this Act to the Departments named in this Act, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created in this Act.

Section 4.

Notwithstanding any other provision of State Law, any sums appropriated to any board, commission, department, council, agency or person transferred by this Act and which, upon the effective date of this Act, are unencumbered or unexpended shall be and are hereby appropriated and transferred to the Departments or agencies, boards, commissions or authorities as may be required by this Act. The Budget Director and the Controller General are hereby authorized and directed to make such transfers of funds and positions as may be required to carry out the provisions of this Act.

Section 5.

If any provision of this Act, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of such provisions of this Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected hereby.

Section 6.

The provisions of this Act shall become effective on July 1, 1981.

Approved February 8, 1982.