CHAPTER 138

FORMERLY

SENATE BILL NO. 76

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLES 3,11,19,28 AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

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

Section 1. Amend Title 3, § 10107 of the Delaware Code by striking the words "Administrative Services" as they appear therein and substituting in lieu thereof the word "Agriculture".

Section 2. Amend Title 11, § 1942(1) of the Delaware Code by striking the words "Administrative Services" as they appear therein and substituting in lieu thereof the words "Public Safety".

Section 3. Amend Title II, § 1942(3) of the Delaware Code by striking the words "Administrative Services" as they appear therein and substituting in lieu thereof the words "Public Safety".

Section 4. Amend Title 28, § 1121 of the Delaware Code by striking said section in its entirety.

Section 5. Amend Title 29, § 423 of the Delaware Code by striking said section in its entirety.

Section 6. Amend Title 29, § 2517(c)(1)c. of the Delaware Code by striking the words "§ 8824" as they appear therein and substituting in lieu thereof the words "§ 2518".

Section 7. Amend Title 29, § 7002(e) of the Delaware Code by striking the words "tn accordance with subsection (i) of § 6902 of this title".

Section 8. Amend Title 29, § 7305(b) of the Delaware Code by striking the word "six" as it appears therein and substituting in lieu thereof the word "five".

Section 9. Amend Title 29, § 8802(a) of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) The administrator and head of the Department shall be the Secretary of the Department of Administrative Services, who shall be known as the Secretary of Administrative Services. The Secretary shall be a person qualified by training and experience to perform the duties of the office and preference shall be given to a resident of this State, provided that s/hc is acceptable and equally qualified. The Secretary shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor."

Section 10. Amend Title 29, §§ 8803-8805 of the Delaware Code by striking said sections in their entirety and substituting in lieu thereof the following:

"§ 8803. Powers, duties and functions of the Secretary.

The Secretary shall have the following powers, duties and functions:

(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(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 Administration who shall be known as the Director of Administration, and who shall be qualified by training and experience to performing the duties of the office.

(b) 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 the office.

(c) A Director of the Division of Professional Regulation who shall be known as the Director of Professional Regulation, and who shall be qualified by training and experience to perform the duties of the office.

(d) 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 performing the duties of the office.

(e) 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 the office.

(f) 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 the office.

(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel, and to procure by contract, consulting, research, technical and other services and (beanies, whenever they shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. MI necessary legal services shall be provided pursuant to Chapter 25 of this title;

(6) To delegate any of his or her powers, duties or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation;

(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(9) To adopt an official seal or seals for the Department;

(10) Notwithstanding any law to the contrary, to establish specific biennial renewal dates for professional licensure registration of Title 23 and Title 24 professional licensing boards in such manner as to promote the efficient administration of professional licensure renewal throughout each biennial period, and to provide for the imposition of licensure and related fees in accordance with 8807(c) of this Title;

(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;

(13) To be the only state agency authorized to rent parking space in the underground facilities located at the Carve] State Building;

(14) To negotiate, review and approve on behalf of all state departments and agencies all leases and lease renewals for facilities throughout the State;

(15) To approve all proposed contracts for architectural, engineering and construction management services and all architectural, structural and electrical plans, specifications and cost estimates for public building projects to be undertaken by all state departments and agencies All projects planned, designed, maintained and/or constructed by the Department of Transportation, with the exception of projects for the construction of public buildings, are specifically exempted from the requirements of this subsection.

(16) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Department, to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants, and appropriations.

§ 8804. Exemptions.

The following positions set forth in this section shall be exempt from Chapter 59 of this title:

(1) Secretary of Administrative Services:

(2) Director of Administration;

(3) Director of Facilities Management;

(4) Director of Professional Regulation;

(5) Public Advocate;

(6) Director of Public Utilities Control;

(7) Director of Purchasing;

(8) Director of Support Operations.

§ 8805. Division of Administration.

The Division of Administration is established, having the powers, duties and functions as follows:

(1) Administer and coordinate the recordkeeping, fiscal affairs, data processing, statistics, accounting, budgeting, personnel, and other general services for the Department as the Secretary may deem necessary for the proper, efficient, and economical operation of the Department;

(2) Coordinate such general services and business administration with departments, agencies, and offices of this State, other states, and the federal government;

(3) Perform special studies and reports and direct services of the Department to coordinate the services of the Department with other departments, agencies and offices of this State;

(4) Assume such other powers, duties and functions as the Secretary may assign which arc not inconsistent with the laws of the State."

Section 11. Amend Title 29, §§ 8806-8807 of the Delaware Code by striking said sections in their entirety.

Section 12. Amend Title 29, § 8808 of the Delaware Code by redesignating said section as § X8u6 of Title 29.

Section 13. Amend new § 8806(c), Title 29 of the Delaware Code by striking the words "state-facilities" as they appear each time therein and substituting in lieu thereof the words "State facilities"

Section 14. Amend new § 8806(e), Title 29 of the Delaware Code by redesignating said subsection as § 8806 (g) of Title 29.

Section 15. Amend new § 8806, Title 29, of the Delaware Code by adding a new § 8806(e) to lead as follows: The Division of Facilities Management shall be responsible for the design, construction, and/or renovation of all public buildings for State departments and agencies. In performance of these duties, the Department shall, in the following areas, consult with the agency for which the project is being or will •be completed: predesign services, architectural plans and preliminary cost estimates, selection and negotiation of professional services, approval of minor capital improvement projects to be bid upon and awarded, approval of final architectural and engineering drawings for major capital projects, and approval of change orders grater than or equal to 2 percent of a project cost. For the purpose of this subsection, State departments and agencies shall not include school districts and institutions of higher learning."

Section 16. Amend Title 29, § 8810 of the Delaware Code by redesignating said section as ,8807 of Title 29.

Section 17. Amend Title 29, §§ 8808 - 8809 of the Delaware Code by striking said sections in their entirety and substituting in lieu thereof the following:

"§ 8808. Division of the Public Advocate.

(a) There is established within the Department of Administrative Services the Division of the Public Advocate. The Public Advocate shall be a person qualified by training and/or experience to perform the duties of the office. The Public Advocate shall be appointed by the Governor with the advice and consent of the majority of the Senate and shall hold office at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the Public Advocate's successor. The Public Advocate shall be a full-time employee of the State.

(b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person's own name or as a fiduciary, or whose spouse or minor child residing in that person's household owns or controls, any stock, note or debenture in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends directly upon or is tinder the control of a public utility.

(c) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter 58A of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject to Chapters 64 and 100 of this Title.

(d) The Public Advocate shall have the following powers and duties:

(1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over which the Commission has jurisdiction and in which he deems the interest of consumers requires such participation.

(2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and consistent with an equitable distribution of rates among all classes of consumers.

(3) To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative and regulatory agencies and commissions in matters involving rates, service and practices of public utilities.

(4) To hire, from time to time, as needed, in connection with proceedings before the Commission, experts in the utility regulation field, including, but not limited to, economists, cost of capital experts, rate design experts, accountants, engineers and other specialists A budget for compensation and/or expenses of these experts shall be provided annually, through the Delaware Public Service Commission Regulatory Fund. Nothing in this section shall he construed to preclude the Public Advocate from applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such additional amounts as the General Assembly shall determine.

(5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any other party in interest.

(6) To have full access to the records of the Public Service Commission.

(7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of his duties,

(8) To appoint, fix the compensations and terms of service and prescribe the dunes and powers of such staff as may be necessary for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by the merit system of personnel administration.

(e) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions filed with the Commission. No formal action taken by the Commission, without proof of the receipt of notice by the Public Advocate, shall have any legal effect.

(f) The Public Advocate shall be entitled to he present and be heard at any public meeting of the Public Service Commission.

(g) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed .1 party m interest and shall have full power to present evidence, subpoena and cross-examine 'messes, submit proof, file briefs, appeal and do any other act appropriate for a party to the Commission."

Section 18. Amend Title 29, § 8811 of the Delaware Code by redesignating said section as § 8809 of Title 29.

Section 19. Amend Title 29, § 8810-8815 of the Delaware Code by striking said sections in their entirety and substituting in lieu thereof the following:

"§ 8810. Division of Purchasing.

(a) As used in this section:

(1) 'Duly authorized volunteer fire department' s hall mean a volunteer lire 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.

(b) 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. § 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 lire 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 Ibr 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. § 484);

(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.

(2) The Division shall:

(a) Act as the responsible agency to operate the surplus commodity program in Delaware, in accordance with the regulations and procedures prescribed by the United States Department of Agriculture. The Department may take such action, make such expenditures and enter into such contracts, agreements and undertakings for the State to provide for the distribution of available commodities, to all eligible recipients in the State who make proper application therefor;

(b) Act as the sole state agency to receive, warehouse and distribute food commodities issued by the federal government for use in non-profit school lunch programs, nonprofit summer camps for children, non-penal, nonprofit, tax-exempt private or public institutions, state correctional institutions and assistance to other needy persons in accordance with § 416 of the Agricultural Act of 1949 (7 U.S.C. § 1431), as amended, and other applicable federal laws and regulations; provided, however, that the Department shall have no control over the administration of the school lunch program beyond receiving, warehousing and distributing such food commodities.

(3) a. The State Treasurer shall maintain in the name of the Department of Administrative Services, Division of Purchasing, a special revolving account. There shall be deposited in this special account all moneys received as handling charges for the acquisition, warehousing, distribution or transfer of property of the United States of America as authorized under paragraph (1) of this subsection.

(b) All fluids collected by the Division of Purchasing shall be accounted for as provided by law for receipts of state agencies. Such funds shall be used to cover the expenses of the program. In accordance with federal regulations no funds in such special account shall revert to the General Fund of the State.

(c) The Division of Purchasing shall have the powers, duties and functions relating to the central contracting for materiel and services throughout the State as outlined in § 6908 of this title.

(d) The Division of Purchasing shall not contract for printed matter, forms, bond paper, or pads larger than 8 1/2 inches by 11 inches unless such printed matter, forms, bond paper or pads arc perforated or otherwise designed to produce finished printed matter or forms not larger than 8 1/2 inches by 11 inches.

(e) The Division of Purchasing shall not contract for vertical file cabinets designed to hold completed documents larger than 8 1/2 inches by 11 inches.

(f) Each agency may use its existing supply of printed matter, forms, bond paper and pads until the supply is exhausted and each agency may use its existing vertical file cabinets for so long as such cabinets remain serviceable.

(g) This section shall not prohibit the purchase or use of printed matter or forms larger than 8 1/2 inches by 11 inches, if the printed matter or forms are to be used to maintain accounting or bookkeeping records, for preparing architectural or engineering drafts or documents, or for preparing maps, graphs, posters, charts or art work, or if the printed matter or forms are authorized by the Chief of the Bureau of Archives and Records Management, Division of Historical and Cultural Affairs, Department of State. This section does not prohibit the purchase or use of fan-fold paper designed for use in computer peripheral devices.

(h) 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.

§ 8811. 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 mail services to state agencies;

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

(3) Provide transportation services to State agencies through the Office of Fleet Services.

(4) Provide information services to the general public through a State Information Guide system.

(b) No agency of state government shall procure, purchase or lease any postage meters or equipment for the metering of mail or the affixing of postage without the prior approval of the Division of Support Operations.

(c) The Division of Support Operations shall not procure or purchase printed matter, forms, bond paper or pads larger than 8 1/2 inches by 11 inches unless such printed matter, forms, bond paper or pads are perforated or otherwise designed to produce finished printed matter or forms not large than 8 1/2 inches by II inches.

(d) This section shall not prohibit the purchase or use of printed matter or forms larger than 8 1/2 inches by 11 inches, if the forms are to be used to maintain accounting or bookkeeping records, for preparing architectural or engineering drafts or documents, or for preparing maps, graphs, posters, charts, art work or uses approved by the Director of the Division of Support Operations. This section does not prohibit the purchase or use of fan-fold paper designed for use in computer peripheral devices.

(e) 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.

§ 8812. Office of Fleet Services.

The Office of Fleet Services is established within the Division of Support Operations, and shall have the following powers, duties, and functions. The Office of Fleet Services shall:

(1) Have the administrative, ministerial, budgetary and clerical functions of the Office;

(2) Establish and operate a statewide fleet management system, as established by § 7105 of this title;

(3) Investigate and resolve all citizens' complaints relating to abuse or misuse of all agency/school district owned vehicles;

(4) Recommend to the Budget Office appropriate funding levels for all agency/school districts for in-state travel requirements;

(5) Be the sole agency to receive the proceeds from the disposal of vehicles and vehicle parts, including all non-general funds except those funds that, as a basis for their authorization, require the proceeds of such disposal to be returned to the original source of the funds;

(6) Establish an appropriated special fund account to sustain the total cost and operation of the Office of Fleet Services and its function, including staff salaries and the statewide fleet management system; and

(7) Have such other powers, duties and functions as the Secretary may assign which are not inconsistent with the laws of the State.

§ 8813. State Council for Persons with Disabilities.

(a) There is hereby established a State Council for Persons with Disabilities.

(b) This Council shall have the following duties and responsibilities:

(1) Promote coordination among all state programs, services and plans established for or related to persons with disabilities.

(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning persons with disabilities which are conducted, or assisted in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.

(3) Make recommendations to the Governor, the General Assembly and all state departments and agencies respecting ways to improve the administration of services for persons with disabilities, and for facilitating the implementation of new or expanded programs.

(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all state legislative proposals affecting people with disabilities.

(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations, and policies affecting state programs and persons with disabilities.

(6) Propose and promote legislation, regulations, and policies to improve the well-being of persons with disabilities.

(7) Serve as a central state clearinghouse for information and data regarding:

(a) The current numbers of persons with disabilities and their needs;

(b) The location, provision and availability of services and programs for persons with disabilities;

(c) Any other relevant information and data about persons with disabilities which the council deems appropriate.

(8) Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for persons with disabilities.

(c) For administrative purposes, this Council is placed within the Office of Disability Affairs in the Department of Administrative Services.

(d) This Council shall consist of the following members:

(1) The Secretary of Health and Social Services, or a designee of the Secretary;

(2) The Secretary of Labor, or a designee of the Secretary;

(3) The Secretary of Education, or a designee of the Secretary;

(4) The Secretary of Administrative Services, or a designee of the Secretary;

(5) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;

(6) The following councils and committees shall elect one of their members each year to serve as a member of the Council:

a. The Governor's Advisory Council for Exceptional Citizens;

b. Developmental Disabilities Planning Council;

c. Governor's Committee on Employment of Persons with Disabilities;

d. Council on Mental Retardation;

e. Governor's Advisory Council for the Division of Alcoholism, Drug Abuse and Mental Health;

f. Architectural Accessibility Board;

g. Delaware Transit Corporation;

h. Governor's Advisory Council on Services for Aging and Adults with Physical Disabilities;

i. Council on Public Health;

j. Council on Deaf Equality;

k. Criminal Justice Council; I.

l. State Rehabilitation Advisory Council.

m. Other councils and committees as approved by both the State Council for Persons with Disabilities and the affected council or committee.

(7) Consumers appointed by the Council chairperson in a number equal to members elected pursuant to paragraphs (1) through (6) of this subsection.

(e) In appointing persons under subsection (d)(7) of this section, preference should be given to persons with disabilities, and any vacancy among the members referred to in subdivisions (d)(6) and (d)(8) of this section should be filled by the respective council/committee within 1 month of the vacancy.

(f) Any member who misses either 3 consecutive meetings or 4 out of any 12 consecutive meetings shall be presumed to have resigned from the Council.

(g) Members of the Council shall serve without compensation, except that they may be reimbursed by the Office of Disability Affairs, Department of Administrative Services, for reasonable and necessary expenses incident to their duties as members of the Council to the extent funds are available therefor and in accordance with state law.

(h) The Council shall elect its own Chairperson.

(i) The Council shall determine its meeting schedule, but there shall be not less than 4 meetings each calendar year, open to the public, held in an accessible place, and with accommodations as requested.

(j) A simple majority of the total membership shall constitute a quorum which shall be necessary to vote on any issue.

(k) As used in this section, "persons with disabilities" means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment with the exception of the visually impaired.

(l) For purposes of this section, the operations and activities of the Division for the Visually Impaired and the Governor's Advisory Council on the Blind shall be exempt from the purview of the State Council for Persons with Disabilities."

Section 20. Amend Title 29, §§ 8816-8818 of the Delaware Code by redesignating said sections as §§ 8814-8816 of Title 29.

Section 21. Amend Title 29, § 8819 of the Delaware Code by striking said section in its entirety.

Section 22. Amend Title 29, § 8820 of the Delaware Code by redesignating said section as 8817 of Title 29.

Section 23 Amend Title 29, § 8821 of the Delaware Code by striking said section in its entirety.

Section 24. Amend Title 29, § 8822 of the Delaware Code by redesignating said section as 8818 of Title 29.

Section 25. Amend Title 29, §§ 8824-8825 of the Delaware Code by redesignating said sections as §§ 2518-2519 of Title 29.

Section 26. Amend Title 29, §§ 8826-8831 of the Delaware Code by striking said sections in their entirety.

Section 27. This Act shall become effective upon enactment.

Approved July 3, 1997