CHAPTER 391

FORMERLY

HOUSE BILL NO. 480

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 17 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF SAFETY AND HOMELAND SECURITY.

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

Section 1. Amend Chapter 16, Title 17 of the Delaware Code by deleting said chapter in their entirety.

Section 2. Amend § 4901, Title 29 of the Delaware Code by deleting the word “Governor” as it appears therein, and inserting in lieu thereof the phrase “Department of Safety and Homeland Security pursuant to Chapter 82, Title 29 of the Delaware Code”.

Section 3. Amend § 8202(a), Title 29 of the Delaware Code by deleting the period at the end of the second sentence, and inserting in lieu thereof the phrase “and shall receive a salary to be determined by the Governor and specified in the Annual Operating Budget.”.

Section 4. Further Amend 8202(a), Title 29 of the Delaware Code by deleting the sentence “The Secretary shall be paid an annual salary not in excess of $30,000” as it appears therein.

Section 5. Further Amend § 8202(a), Title 29 of the Delaware Code by adding at the end of the Section the following:

“The Secretary of the Department of Safety and Homeland Security shall have the power to appoint directors of divisions within the Department upon the written approval of the Governor. The division directors shall have the powers, duties and functions in the administration of their respective divisions as authorized by the Secretary.”.

Section 6. Amend § 8202(c), Title 29 of the Delaware Code by deleting “§ 8202(c)” in its entirety and replacing it hereto with the following:

“(c) In the event of death, resignation, temporary incapacity or permanent removal of the Secretary and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Secretary, including but not limited to, the Deputy Secretary of the Department or a director of any division within the Department. The Secretary may, during any temporary absence from the State, appoint the Deputy Secretary or the director of any division within the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity, or until a successor duly qualified is appointed.”.

Section 7. Amend § 8203(2)(b), Title 29 of the Delaware Code by deleting the subsection in its entirety and replacing it hereto with the following:

“(b) A director of the Delaware Emergency Management Agency who shall be known as the Director of the Delaware Emergency Management Agency, and who shall be qualified by training and experience to perform the duties of the office;”.

Section 8. Amend § 8203(2), Title 29 of the Delaware Code by adding a new paragraph “(e)”, “(f)”, and “(g)” to read as follows:

“(e) A director of the Division of Communications who shall be known as the Director of the Division of Communications, and who shall be qualified by training and experience to perform the duties of the office;

(f) A director of the Office of Highway Safety who shall be known as the Director of the Office of Highway Safety, which position shall remain a merit position. The Director of the Office of Highway Safety shall be qualified by training and experience to perform the duties of the office;

(g) A director of the State Council for Persons with Disabilities, who shall be known as the Director of the State Council for Persons with Disabilities, which position shall remain a merit position, and who shall be qualified by training and experience to perform the duties of the office.”.

Section 9. Amend § 8203(3), Title 29 of the Delaware Code by deleting the semicolon “;” and inserting in lieu thereof the following: “, including, but not limited to members of his or her executive staff;

a. a Deputy Secretary;

b. a Chief of Administration;

c. a Chief Information Officer;

d. a Homeland Security Advisor;

e. a Policy Advisor;

f. a Public Relations Officer.”.

Section 10. Amend § 8203(6), Title 29 of the Delaware Code by adding the phrase “a person appointed as his Deputy Secretary or” before the phrase “a director of a division” after the phrase “powers, duties or functions to”.

Section 11. Amend Title 29 of the Delaware Code by adding a new “§ 8210” to read as follows:

Ҥ 8210. 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.

(9) Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94, Title 16 of the Delaware Code.

(c) For administrative purposes, this Council is placed within the Department of Safety and Homeland Security.

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

(5) The following councils, committees, agencies and organizations shall elect one (1) of their members to serve as a member of the Council:

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

b. Developmental Disabilities Council;

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

d. Advisory Council to the Division of Developmental Disabilities Services;

e. Advisory Council to the Division of Substance Abuse and Mental Health;

f. Architectural Accessibility Board;

g. Delaware Transit Corporation;

h. Council on Services for Aging and Adults with Physical Disabilities;

i. Advisory Council on Public Health;

j. Council on Deaf and Hard of Hearing Equality;

k. Criminal Justice Council;

l. State Rehabilitation Advisory Council; and

m. Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization;

(6) Individuals appointed by Council to ensure that at least 50 percent of the total membership are individuals with disabilities or family members with disabilities. At least thirty-three percent (33%) of the total membership shall be composed of individuals with disabilities.

(e) Any vacancy of a representative position under paragraphs (d)(1)-(5) of this Section shall be filled by the respective council, committee, agency or organization within one (1) month.

(f) Any member who misses either three (3) consecutive meetings or four (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 Department of Safety and Homeland Security for reasonable and necessary expenses incident to their duties as members of the Council to the extent funds are available therefore 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 not be less than four (4) meetings each calendar year, open to the public, held in an accessible place and with reasonable 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 (1) or more major life activities, has a record of such impairment.

(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 12. Amend Title 29 of the Delaware Code by adding a new “§ 8234”and a new “§ 8235” to read as follows:

Ҥ 8234. Division of the Office of Highway Safety.

The Division of the Office of Highway Safety is established and shall be responsible for the performance of all the powers, duties and functions vested in the Division of the Office of Highway Safety pursuant to Chapter 49, Title 29 of the Delaware Code.”.

Ҥ 8235. Division of Communications.

There is hereby established, within the Department of Safety and Homeland Security, a Division of Communications with duties, powers and responsibilities as defined.

(a) The Division of Communications shall:

(1) Possess the technical expertise to maintain the state radio communications equipment for the State;

(2) Plan, coordinate and monitor the procurement of radio systems and associated equipment for the State;

(3) Perform such other duties in connection with the radio communications activities of the state government as may be directed by the Governor, the General Assembly, or the Chief Justice or as may be required by existing or future state or federal statute; and

(4) Cooperate with the Office of Management and Budget, Department of Technology and Information in the preparation of the statewide communications budget.

(b) Charges; Communications Revolving Fund.

(1) Out-of-pocket expenses for parts, materials and other goods, used for installation, repair and maintenance of communications facilities, equipment and services, shall be charged to and paid by the using agency through the use of Department of Finance Form RS-1 and applicable directives. Monies received by the Division of Communications under this Chapter shall be deposited in a special fund, to be known as the Communications Revolving Fund, which shall not revert at the end of any fiscal year. The Communications Revolving Fund shall be for the purpose of buying parts, materials and other goods required for installation, repair and maintenance of communications facilities, equipment and services.

(2) The size of the Communications Revolving Fund shall be reviewed annually by the Director of the Office of Management and Budget, and if deemed excessive to the needs of the Division of Communications, the excess shall be reverted to the General Fund of the State.

(c) Extension of service to others. Pursuant to written agreements of terms and conditions and subject to payment of charges as determined in accordance with Chapter 65 of Title 29 of the Delaware Code, the Division of Communications may, but is not required to, extend the services defined in § 8235(a) of this Title, as applicable and reasonable to local municipalities, towns and the counties and any and all agencies thereof, and volunteer fire, rescue and ambulance companies operating and chartered in the State. Any such extension of services shall be subject to availability of resources and secondary to the needs of state government. So long as authorized general funded personnel do not depreciate below the FY 06 level, the Division of Communications may provide volunteer fire, rescue and ambulance companies operating and chartered in the State with the same level of 800 MHz service provided to State agencies. Monies received as payment for these services shall be deposited in the Communications Revolving Fund.

(d) Restriction of use.

(1) State communications activities shall not be used for any purposes other than the business of the State, nor in any manner not in accordance with this Chapter, except in an emergency.

(2) Communications transmitted or received by state communications activities shall be the privileged information of the sender and receiver and interception and use of such communications by an unauthorized third part is in violation of federal law, and shall be in violation of the purpose and intent of this Chapter; provided, that this shall not prohibit the sender or receiver from releasing such communications to others or to the public if necessary or desirable; and provided, further that the Governor shall have the power to direct the release of such communications if the Governor deems such action to be in the best interest of the State.”.

Section 13. Amend Chapter 87, Title 29 of the Delaware Code by deleting “§ 8734” in its entirety, and redesignating the remaining sections accordingly.

Approved July 17, 2008