CHAPTER 314

FORMERLY

HOUSE BILL NO. 523

AN ACT TO AMEND TITLES 4 AND 29 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO THE DEPARTMENT OF PUBLIC SAFETY.

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

Section 1. Amend §304(b), Title 4, Delaware Code, by striking the words "Administrative Services" wherever they appear therein and substituting in lieu thereof the words "Public Safety".

Section 2. Amend §305, Title 4, Delaware Code, by striking the words "Administrative Services" and substituting in lieu thereof the words "Public Safety".

Section 3. Amend §306, Title 4, Delaware Code, by striking the words "Administrative Services" wherever they appear therein and substituting in lieu thereof the words "Public Safety".

Section 4. Amend Title 29, Delaware Code, by redesignating existing §8803(2)d. of Title 29 as new §8203(2)e. of Title 29.

Section 5. Amend Title 29, Delaware Code, by redesignating existing §8812 of Title 29 as new §8204 of Title 29.

Section 6. Amend Title 29, Delaware Code, by redesignating existing §8815(5) of Title 29 as new §8214(6) of Title 29.

Section 7. Amend §8816, Title 29, Delaware Code, by deleting the words "Division of Alcoholic Beverage Control" as they appear therein.

Section 8. 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 shall be transferred to the Department, division, subdivision or office to which each such function is transferred by this Act. Each such appeal shall be perfected in the same manner as heretofore provided by law.

Section 9. All property including all books, records, papers, maps, charts, plans and other material including but limited to any equipment and other materials owned by or in the possession of any agency of the State and used in connection with any function transferred by this Act shall, on July 1, 1994, be delivered into the custody of the department or division, subdivision or office to which the agency is transferred. All investigations, petitions, hearings and legal proceedings pending before, in instituted by, any agency, board or commission from which functions are transferred by this Act and which are not concluded by July 1, 1994, 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. Al 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 on July 1, 1994, 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 July 1, 1994, 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 10. 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 July 1, 1994, and, where applicable, with all the benefits accrued as merit employees as of July 1, 1994.

Section 11. All definitions and references to any commission, board, department, council or agency which appear in any other Act or law shall, to the extent they are consistent with this Act and in connection with the function transferred by this Act, are to be construed as referring or relating to the department, division, office or subdivision to which the function is transferred.

Section 12. All definitions and reference 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 they are consistent with this Act, and in connection with the function transferred by this Act, 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 13. Any misnomer shall not defeat or annul any grant, gift, 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 14. All funds heretofore awarded by federal grantor agencies or heretofore authorized in capital improvements or budget acts of the State and appropriated to the Alcoholic Beverage Control Commission or the Division of Alcoholic Beverage Control, which remain unexpended or unencumbered on July 1, 1994, and which are not otherwise specially transferred by other laws which may be enacted prior or subsequent to July 1, 1994, are hereby transferred to the departments or to any subdivision thereof to which the function or functions of the Alcoholic Beverage Control Commission or the Division of Alcoholic Beverage Control, as the case may be, are transferred by this Ac.t

Section 15. 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 16. 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 this Act or the Delaware Cod 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 17. This Act shall be effective July 1, 1994, or upon enactment, whichever is later.

Approved July 8, 1994