CHAPTER 105

FORMERLY

HOUSE BILL NO. 241

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 7, 11, 18, 23 AND 29 OF THE DELAWARE CODE RELATING TO THE ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

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

Section 1. Amend § 101, Title 7, Delaware Code, by redesignating paragraphs (2), (3), (4) and (5) thereof as paragraphs (3), (4), (5) and (6), respectively, and by adding thereto a new paragraph (2) to read as follows:

"(2) 'Fish and wildlife agent' means a law enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29."

Section 2. Amend § 102(b), Title 7, Delaware Code, by striking therefrom the word "wardens" and substituting in lieu thereof the phrase "fish and wildlife agents".

Section 3. Amend § 102(c), Title 7, Delaware Code, by striking therefrom the word "wardens" and substituting in lieu thereof the phrase "fish and wildlife agents".

Section 4. Amend § 111, Title 7, Delaware Code, by striking therefrom the phrase ", the Chief Game and Fish Warden and Game Wardens" and substituting in lieu thereof the phrase and the fish and wildlife agents", and by striking therefrom the word "Wardens" from the title of said section and substituting in lieu thereof the phrase "Fish and Wildlife Agents".

Section 5. Amend § 775, Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" and substituting in lieu thereof the phrase "fish and wildlife agent''.

Section 6. Amend § 798, Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 7. Amend § 1129(5), Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 8. Amend § 1306, Title 7, Delaware Code, by striking therefrom the word "warden" as it appears in the title and body of said section and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 9. Amend § 1707, Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" wherever it appears therein and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 10. Amend § 1708(a), Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 11. Amend § 1709, Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" as it appears in the title and the body of said section and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 12, Amend § 1710, Title 7, Delaware Code, by striking therefrom the phrase "Game Warden" and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 13. Amend § 1911(a), Title 11, Delaware Code, by striking the word "or" from paragraph (4), and by striking the period from paragraph (5) and substituting in lieu thereof the phrase "; or". Further amend said subsection by adding thereto a new paragraph (6) to read as follows:

"(6) A law enforcement officer of the Department of Natural Resources and Environmental Control."

Section 14. Amend § 1935, Title 11, Delaware Code, by striking the comma after the word "bridge" therein and substituting in lieu thereof the word "or". Further amend said section by striking therefrom the phrase "or park". Further amend said section by adding thereto between the word "unit" and the word "may" the words "or a law enforcement officer of the Department of Natural Resources and Environmental Control."

Section 15. Amend § 1942(1), Title 11, Delaware Code, by inserting the phrase "and/or the Department of Natural Resources and Environmental Control" after the phrase the University of Delaware.

Section 16. Amend § 1942(3), Title 11, Delaware Code, by inserting the phrase "or the Department of Natural Resources and Environmental Control" immediately after the phrase "the Department of Administrative Services...

Section 17. Amend § 6601(1)(i), Title 18, Delaware Code, by striking therefrom the phrase "Environmental Protection Officers and Delaware Marine Police" and substituting in lieu thereof the phrase "Law enforcement officers..

Section 18. Amend § 2112, Title 23, Delaware Code, by redesignating paragraphs (2), (3), (4) and (5) thereof as (3), (4), (5) and (6), respectively, and by adding thereto a new paragraph (2) to read as follows:

"(2) 'Fish and wildlife agent' means a law enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29."

Section 19. Amend § 2118(b), Title 23, Delaware Code, by striking the phrase "marine police force as it appears in the second sentence of said subsection and substituting in lieu thereof the phrase "staff of fish and wildlife agents who are"; and by striking the phrase the marine police as it appears in the forth sentence of said subsection and substituting in lieu thereof the phrase "fish and wildlife agents"; and by striking the sixth sentence thereof in its entirety.

Section 20. Amend § 2118(c), Title 23, Delaware Code, by striking therefrom the phrase the marine enforcement officer" and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 21. Amend § 2118(g), Title 23, Delaware Code, by striking therefrom the phrase the marine enforcement officers" and substituting in lieu thereof the phrase "fish and wildlife agents".

Section 22. Amend § 2119(a), Title 23, Delaware Code, by striking therefrom the phrase "a marine police force" and substituting in lieu thereof the phrase "fish and wildlife agents"; and by striking the phrase "marine policeman" wherever it appears and substituting in lieu thereof the phrase "fish and wildlife agent".

Section 23. Amend § 2122, Title 23, Delaware Code, by striking therefrom the phrase "The marine enforcement officers and and substituting in lieu thereof the phrase "Fish and wildlife agents and the.

Section 24. Amend § 2221(c)(2), Title 23, Delaware Code, by striking therefrom the phrase any enforcement agent of the Division of Fish and Wildlife of the Department" and substituting in lieu thereof the phrase "a fish and wildlife agent".

Section 25. Amend § 8003(13), Title 29, Delaware Code, by striking said paragraph in its entirety and substituting in lieu thereof the following:

"(13) Establish, supervise, direct and account for the operations and functions of the personnel responsible for the enforcement of the laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control. in exercising his powers, duties and functions under this subdivision, the Secretary may:

a. Employ enforcement personnel who shall be officially known as law enforcement officers of the Department of Natural Resources and Environmental Control, but who may be designated as environmental protection officers, fish and wildlife agents or park rangers;

b. Classify law enforcement officers of the Department of Natural Resources and Environmental Control according to rank, title or duties assigned as deemed appropriate;

c. Assign or reassign law enforcement officers of the Department of Natural Resources and Environmental Control to the divisions, subdivisions and offices of the Department to perform enforcement duties as deemed appropriate;

d. Provide law-enforcement training for law enforcement officers of the Department of Natural Resources and Environmental Control; and

e. Establish a central tiling system to record and maintain a record of violations of statutes, rules, regulations, permit conditions, licenses, orders and program requirements administered by the Department of Natural Resources and Environmental Control."

Section 26. Amend § 8003A, Title 29, Delaware Code, by striking the phrase "environmental protection officers" wherever it appears in said section and substituting in lieu thereof the phrase "law enforcement officers of the Department of Natural Resources and Environmental Control".

Section 27. Amend § 8003A(e), Title 29, Delaware Code, by striking said subsection in its entirety.

Section 28. Amend § 8003A, Title 29, Delaware Code, by striking the phrase "environmental protection officers and park managers" from the Title of said section and substituting in lieu- thereof the phrase "law enforcement officers of the Department of Natural Resources and Environmental Control".

Approved June 26, 1995