CHAPTER 149

FORMERLY

SENATE BILL NO. 197

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 29 AND 31 OF THE DELAWARE CODE RELATING TO THE DISSOLUTION OF THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE TRANSFER OF ITS FUNCTIONS TO OTHER GOVERNMENTAL AGENCIES.

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

Section 1. Amend Chapter 79, Title 29 of the Delaware Code by adding a new §7906 to read as follows:

§7906. Community Services.

There are established within the Department of Health and Social Services the programs and functions of Community Services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant to section 4 of Executive Order Number 123 dated December 29, 1982."

Section 2. Amend Chapter 86, Title 29 of the Delaware Code by deleting §8629.

Section 3. Amend Chapter 79, Title 29 of the Delaware Code by adding a new §7914 to read as follows:

"§7914. Volunteer Services.

There are established within the Department of Health and Social Services the programs and functions of Volunteer Services involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department of Community Affairs pursuant to former §8629 of Title 29."

Section 4. Amend Chapters 86 and 79, Title 29 of the Delaware Code by redesignating §8630 of Title 29 as new §7914A of Title 29.

Section 5. Amend new §7914A(a) of Title 29 by deleting the words

"Department of Community Affairs and Economic Development" as they appear in the first sentence of said subsection and substitute in lieu thereof the words "Department of Health and Social Services".

Section 6. Amend Chapters 86 and 87, Title 29 of the Delaware Code by redesignating §§8610 and 8611 of Title 29 as new §§8731 and 8732 of Title 29.

Section 7. Amend Chapters 86 and 87, Title 29 of the Delaware Code by redesignating §8604 of Title 29 as new §8733 of Title 29."

Section 8. Amend §8612, Title 29 of the Delaware Code by deleting it in its entirety.

Section 9. Amend Chapters 86 and 88, Title 29 of the Delaware Code by redesignating §§8613 and 8614 of Title 29 as new §§8824 and 8825 of Title 29.

Section 10. Amend Chapter 88, Title 29 of the Delaware Code by adding a new §8823 to read as follows:

"§8823. Consumer Affairs.

There are established within the Department of Adminstrative Services the programs and functions of Consumer Affairs involving all of the powers, duties and functions heretofore performed within the Division of Consumer Affairs of the Department of Community Affairs pursuant to former §8612 of Title 29."

Section 11. Amend Chapters 86 and 88, Title 29 of the Delaware Code by redesignating §§8640 through 8644 of Title 29 as new M826 through 8830 of Title 29.

 Section 12. Amend new §8826(a), Title 29 of the Delaware Code by deleting the first sentence of said subsection and substituting in lieu thereof the following:

"(a) There is established within the Department of Administrative Services the Office of the Public Advocate."

Section 13. Amend new §8830(a), Title 29 of the Delaware Code by deleting the words "Secretary of Community Affairs and Economic Development" as they appear in the first sentence of said subsection and substitute in lieu thereof the words "Secretary of Administrative Services".

Section 14. Amend Chapters 86 and 88, Title 29 of the Delaware Code by redesignating §8606, Title 29 as new §8831, Title 29.

Section 15. Amend new §8831€, Title 29 Delaware Code by deleting the words "Department of Community Affairs" as they appear therein and by inserting in lieu thereof the words "Department of Administrative Services."

Section 16. Amend new §8831(d) and (g), Title 29 of the Delaware Code by deleting the words "Department of Community Affairs" as they appear in each subsection and substitute in lieu thereof the words "Department of Administrative Services".

Section 17. Amend Chapters 86 and 85, Title 29 of the Delaware Code by redesignating §8624 of Title 29 as §8507 of Title 29.

Section 18. Amend new §8507(a), Title 29 of the Delaware Code by deleting the last sentence of said subsection and substituting in lieu thereof the following:

The Commission shall be a unit of the Department of Labor and shall report to the Governor and the General Assembly through the Secretary."

Section 19. Amend new §8507(h), Title 29 of the Delaware Code by deleting the words "Secretary of the Department of Community Affairs and Economic Development" as they appear insaid subsection and substitute in lieu thereof the words "Secretary of the Department of Labor".

Section 20. Amend Chapters 86 and 79, Title 29 of the Delaware Code by redesignating §§8625 through 8628 of Title 29 as new §§7950 through 7953 of Title 29 and by designating said new sections of Chapter 79 as "Subchapter IV. Emergency Housing Fund".

Section 21. Amend new §7950(1), Title 29 of the Delaware Code by deleting the words "Secretary of the Department of Community Affairs and Economic Development as specified in §8603 of this title" as they appear in the first sentence of said paragraph and substitute in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 22. Amend new §7951(b), Title 29 of the Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof the following:

"(b) ‘Department’ means the Department of Health and Social Services."

Section 23. Amend new §7952(a), Title 29 of the Delaware Code by deleting the symbol and number "§8628" as it appears in said subsection and substitute in lieu thereof the symbol and number "§7953".

Section 24. Amend new §7952(d), Title 29 of the Delaware Code by deleting the words "Department of Community Affairs and Economic Development" as they appear in said subsection and substitute in lieu thereof the words "Department of Health and Social Services".

Section 25. Amend new §7953, Title 29 of the Delaware Code by striking the symbol and number "§8627" as they appear in subsection (b) of said section and substituting in lieu thereof the symbol and number "§7952"; by striking the symbols and numbers "§§8625-8628" as they appear in subsection (d) of said section and substituting in lieu thereof the symbols and numbers "§§7950-7953"; and by striking the words "Department of Community Affairs and Economic Development" as they appear insubsection (d) of said section and substituting in lieu thereof the words "Department of Health and Social Services".

Section 26. Amend Chapter 86, Title 29 of the Delaware Code by striking §§8601 through 8603, §8605 and §§8615 through 8623 in their entirety.

Section 27. Amend §8708, Title 29 of the Delaware Code by deleting the word "and" as it appears at the end of paragraph (5) of said section; by striking the "." at the end of paragraph (6) and substituting in lieu thereof ";"; and by adding the following new paragraphs to read:

"(7) "Director of Libraries; and (8) Chief of Human Relations."

Section 28. Amend §8815, Title 29 of the Delaware Code by deleting the "." at the end of paragraph (2) of said section and substituting in lieu thereof a ";", and by adding the following new paragraph:

"(8) "Director of Consumer Affairs."

Section 29. Amend §4099, Title 31 of the Delaware Code by deleting the words "Department of Community Affairs" as they appear in said section and substitute in lieu thereof the words "Department of Health and Social Services."

Section 30. 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 of any Division, Office, Council, Board or Commission, transferred by this Act shall continue to exist with respect to such act or acts as hereafter performed by the Department or the division, subdivision or office to which such function is transferred by this Act. Each such appeal shall be perfected in the same manner as heretofore provided by law.

Section 31. All property, including all books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment and other materials owned by or in the possession of any agency of the State and used inconnection with a function transferred by this Act shall, on the effective date of this act, be delivered into the custody of the Department or the division, subdivision or office to which the agency is transferred. All investigations, petitions, hearings and legal proceedings pending before, or instituted by, any agency, board, or commission 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 Department, or the division, subdivision or office to which the agency, board or commission is transferred. All orders, rules and regulations made by any agency, board, or commission from which functions are transferred by this Act and which govern such functions, and which are in effect upon the effective date of this Act, shall remain in full force and effect until revoked or modified in accordance with law by the Department, or the division, subdivision or office to which the agency, board or commission is transferred. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by this Act to the Department 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, or the division, subdivision or office to which the function is transferred.

Section 32. Employees of any commission, board, council or agency whose functions are consistent with this Act and which have been transferred by this Act, shall continue and be deemed to be the employees of the Department, or the division, subdivision, or office to which they have been transferred 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.

Section 33. 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 Act, are to be construed as referring and relating to the Department, division, office or subdivision to which the function is transferred.

Section 34. All definitions and references to any director, commissioner, 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, are to be construed as referring or relating to such person or persons and his or her powers, duties and functions as transferred by this Act.

Section 35. Any misnomer shall not defeat or annul any gift, grant, devise or bequest if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to any commission, board, department, authority, council or agency, to which, by this Act, the powers, duties and functions have been transferred, the estate or interest therein expressed or described.

Section 36. All funds heretofore awarded by federal Grantor agencies or heretofore authorized in Capital Improvements or Budget Acts of the State of Delaware and appropriated to the Department of Community Affairs, which remain unexpended or unencumbered on the effective date of this Act and which are not otherwise specifically transferred by other laws which may be enacted prior to or subsequent to the effective date of this Act are hereby transferred to the departments or to any subdivision thereof to which the function or functions of the Department of Community Affairs for which these funds were originally awarded or appropriated have been transferred by this Act.

Section 37. All other laws or parts of laws now in effect inconsistent with this Act are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this Act.

Section 38. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act or the Delaware Code which shall be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 39. This Act shall be effective July 1, 1991.

Approved July 10, 1991.