CHAPTER 443

FORMERLY

HOUSE BILL NO. 560

AN ACT TO AMEND CHAPTER 1, TITLE 19, DELAWARE CODE RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF LABOR INCLUDING THE CHARGING OF FEES FOR RESEARCH SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Section 105, Chapter 1, Title 19, Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

§105. Duties and powers of the Department; Fees; Department of Labor Research Fund;

(a) In addition to such other duties and powers which may be conferred upon it by law the Department may:

(1) Administer all labor laws in this state;

(2) Direct to the attention of the Attorney General of this state, with a request for the necessary enforcement action, all violations under the terms of this chapter;

(3) Collect, compile and analyze statistical information with respect to, and report upon the conditions of, labor generally, and upon all matters relating to the enforcement and effect of this chapter;

(4) Collect fees for research activities it conducts pursuant to this section, the amounts of said fees to approximate and reasonably reflect the costs of such activities;

(5) Propose to the Industrial Accident Board such rules or changes in rules as may be deemed advisable, either procedural or substantive;

(6) Do all in its power to promote the voluntary arbitration, mediation and conciliation of disputes between employers and employees; provided, however, that neither the Department nor any of its representatives shall have the authority, under either this section or §§110 and 111 of this title, to make any public recommendation for the settlement of any specific labor dispute, or to make any public statement as to the merits of such dispute, prior to the final settlement thereof;

(7) Promote voluntary apprenticeship through cooperation with the United States Department of Labor;

(B) Make, amend and repeal regulations necessary for the internal administration of the Department, and for the proper conduct of any necessary hearings before the Department or its authorized agents. The members of the Department shall not be bound by technical rules of evidence in the conduct of such hearings.

(b) Any fees collected by the Department of Labor for its research service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund entitled 'Department of Labor Research Fund' from which necessary expenses of the Department of Labor shall be paid for analyses of labor force, employment, unemployment and occupational and industrial change upon proper vouchers signed by the Secretary of the Department of Labor. The Department of Labor Research Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 135th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of the Department of Labor's Research Fund on or before June 30, 1992. The Department of Labor shall annually, on or before January 31, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biennially, on or before January 31, to the members of the General Assembly."

Approved October 5, 1990.