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Legislation Document
SPONSOR:
Rep. Osienski & Sen. Paradee & Sen. Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 411
AN ACT TO AMEND THE DELAWARE CODE RELATING TO A DIVISION OF ALCOHOL, TOBACCO, AND MARIJUANA ENFORCEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 101, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 101. Definitions.
As used in this title, in addition to their usual meaning:
(19) “Division” means “Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.”
Section 1. Amend Chapter 4, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 4. DIVISION OF
ALCOHOL AND TOBACCO
ALCOHOL, TOBACCO, AND MARIJUANA
ENFORCEMENT
§ 401. Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement of the Department of Safety and Homeland Security is established as follows for the administrative, ministerial, budgetary and clerical functions for the enforcement of the alcohol laws of this Code, youth access to tobacco laws in §§ 1115 through 1127 of Title 11, and the marijuana laws of this title.
Section 2. Amend § 526, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 526. Direct shipping of wine [Effective Aug. 15, 2026; Effective until Aug. 15, 2031].
(e) A wine direct shipper licensee must:
(3) a. If located outside of this State:
1. Report the following to the Commissioner and
the Division of Alcohol and Tobacco Enforcement ( “DATE” )
the Division of Alcohol, Tobacco, and Marijuana Enforcement (DATME)
monthly, or more frequently as required by rules promulgated by the Commissioner that are based upon quantity of product shipped:
(4) a. If located within this State, pay to the Division of Revenue monthly, or as otherwise required by regulations promulgated by the Commissioner, all excise taxes due on sales to residents of this State as required by § 581(b) of this title and provide the Division of Revenue,
DATE,
DATME,
and the Commissioner any additional information deemed necessary beyond that already required for retail sales from a farm winery to ensure compliance with this section including the following:
(5) Permit
DATE,
DATME,
the Commissioner, or the Division of Revenue to perform an audit of the wine direct shipper licensee’s records upon request.
Section 3. Amend § 527, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 527. Common carrier license [Expires Aug. 15, 2031, pursuant to 85 Del. Laws, c. 139, § 7] [Effective Aug. 15, 2026].
(c) A common carrier permit licensee shall do all the following:
(1) Provide the Commissioner, the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, and the Division of Revenue a monthly report containing the following:
Section 4. Amend § 554, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 554. License fees [Effective until Aug. 15, 2026].
(kk) Each of the licensees identified in subsections (a)-(h), (t)-(w), (y), (z), (bb), (cc), (dd), (ff), (gg), (hh), (ii), (mm), and (qq) of this section, shall pay an additional annual fee of $100. The Commissioner shall deposit said funds into a special account designated as the “Overservice Investigation Fund.” Said fund shall be utilized by the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement to pay overtime to its
agents
officers
and/or to hire and equip additional
agents
officers
for the purpose of investigating and prosecuting licensees that serve intoxicated individuals.
§ 554. License fees [Effective Aug. 15, 2026; Effective until Aug. 15, 2031].
(kk) Each of the licensees identified in subsections (a)-(h), (t)-(w), (y), (z), (bb), (cc), (dd), (ff), (gg), (hh), (ii), (mm), and (qq) of this section, shall pay an additional annual fee of $100. The Commissioner shall deposit said funds into a special account designated as the “Overservice Investigation Fund.” Said fund shall be utilized by the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement to pay overtime to its
agents
officers
and/or to hire and equip additional
agents
officers
for the purpose of investigating and prosecuting licensees that serve intoxicated individuals.
§ 554. License fees [Effective Aug. 15, 2031].
(kk) Each of the licensees identified in subsections (a)-(h), (t)-(w), (y), (z), (bb), (cc), (dd), (ff), (gg), (hh), (ii), (mm), and (qq) of this section, shall pay an additional annual fee of $100. The Commissioner shall deposit said funds into a special account designated as the “Overservice Investigation Fund.” Said fund shall be utilized by the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement to pay overtime to its
agents
officers
and/or to hire and equip additional
agents
officers
for the purpose of investigating and prosecuting licensees that serve intoxicated individuals.
Section 5. Amend § 725, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 725. Preparations containing alcoholic liquors but not intended for use as a beverage.
(b) If the Division of
Alcohol and Tobacco Enforcement (DATE)
Alcohol, Tobacco, and Marijuana Enforcement (DATME)
is of the opinion that one of the products enumerated in this section contains alcoholic liquor and is used for beverage purposes, it may notify the manufacturer or seller to that effect and from and after the date of such notice this title shall apply to such product unless the manufacturer or seller requests a hearing before the Commissioner within 20 days of receipt of the notice. If the manufacturer or seller does not request a hearing within 20 days of the notice, or the Commissioner determines after the hearing that the product is used for beverage purposes, the manufacturer or seller so notified commits an offense under this title if the manufacturer or seller sells the product after such notice or determination, and is liable to the penalties provided in § 902 of this title.
(c) (1) In order to determine whether any particular preparation, proprietary or patented, contains alcohol in excess of the amount required as a solvent or preservative, or whether it is so compounded as to render it unsuitable for use as a beverage,
DATE
DATME
may purchase a sample of such preparation from any person and may have it analyzed by any individual
DATE
DATME
selects.
(2) If it appears from the analysis of the sample that the preparation contains alcohol in excess of the amount required as a solvent or preservative, or that it is not so compounded as to render it unsuitable for use as a beverage,
DATE
DATME
may notify the manufacturer or the agent in this State of the manufacturer of the preparation or the person who has acquired the preparation for purpose of resale, that the preparation is not an exempt product within the meaning of this section, but is an alcoholic liquor to which this title applies. After the service of such notice, this title shall apply to such preparation and the manufacturer or the agent in this State of the manufacturer or the person who has acquired same to resell, who has been so notified, commits an offense under this title unless a hearing is requested before the Commissioner within 20 days of receipt of the notice. If a hearing is not requested within 20 days of the notice, or the Commissioner determines after the hearing that the preparation is used for beverage purposes, the manufacturer or the agent in this State of the manufacturer of the preparation or the person who has acquired the preparation for purpose of resale commits an offense under this title if that person sells the preparation after the date of the service upon that person of the notice or determination.
(3) The notice required by this section shall consist of a letter from the Director of
DATE
DATME
stating that the preparation specified in the letter is not an exempt product in the sense of this section, but is an alcoholic liquor to which this title applies. The notice must be served by hand delivery or by sending a copy by certified mail to the manufacturer, or to the agent in this State of the manufacturer, or to the person who has acquired the preparation to resell.
Section 6. Amend § 1201, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1201. Findings and declaration of policy.
It is determined and declared as a matter of legislative findings that:
(4) The voluntary responsible alcoholic beverage server training program which has been conducted by the
Delaware
Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement staff has been well received by those licensed commercial servers of alcoholic beverages who have undergone the training;
Section 7. Amend § 1202, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1202. Implementation.
(a) It shall be the responsibility of the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement to establish training courses and materials, examinations and examination procedures with respect to the implementation of a mandatory responsible alcoholic beverage server training program in Delaware.
(c) In establishing, implementing, certifying or otherwise approving any training program, the Alcoholic Beverage Control Commissioner and the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement shall consult with and seek comment from industry groups affected by the program as well as other interested state agencies.
Section 8. Amend § 1204, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1204. Training standards and curriculum.
(c) The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement shall provide a responsible alcoholic beverage server training program through its trained personnel for a course approved by the Commissioner and the Commissioner may approve and certify such a training program or programs to be provided through independent contractors, private persons or educational institutions.
Section 9. Amend § 1205, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1205. Certification and renewal training.
Every person who successfully completes an approved responsible alcoholic beverage server training program shall be certified by the instructor as having met the requirements of this chapter. The course taught shall be either the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement course or any other Commissioner approved course. The instructor shall provide the names of the persons who successfully complete the approved class, as well as such additional information that is required by the Commissioner, to the Commissioner and the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement. Such certification shall be valid for a period of 4 years at which time the person must undergo renewal training in order to obtain recertification which shall also be valid for a period of 4 years. Renewal training shall include the information described in § 1204 of this title and/or such other information as the Commissioner may by regulation require.
Section 10. Amend § 1207, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1207. Enforcement.
The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement shall be responsible for enforcement of this chapter and shall bring charges of violations of this chapter against a licensee or a certified trained server before the Commissioner. The Commissioner shall have exclusive original jurisdiction over all alleged violations of the provisions of this chapter.
Section 11. Amend § 1208, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1208. Training program costs.
(c) Any person that takes the course offered by the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement after January 1, 2006, shall pay a fee, in the amount determined by the Commissioner, not to exceed $15 for the full course and $10 for the recertification course. Said fee shall be deposited into the Delaware Responsible Alcoholic Beverage Server Training Program Fund to pay for the costs associated with the program. Any person that is approved by the Commissioner to offer a responsible alcoholic beverage server training course may be required to remit a fee determined by the Commissioner, not to exceed $15, to offset any costs associated with creating an identification card for the server.
(e) The Alcoholic Beverage Control Commissioner and Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement shall, on or before December 31 of each year, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biennially on or before December 31 to any member of the General Assembly who requests a copy.
Section 12. Amend § 1302, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1302. Definitions.
As used in this chapter:
(9) “Division” means the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
Section 13. Amend § 1310, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1310. Enforcement.
(a) Inspections and enforcement activities are to be conducted by the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement in accordance with Chapter 4 of this title.
(b) The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement may conduct administrative inspections under § 403 of this title. The Office of the Marijuana Commissioner may conduct administrative inspections of a premise licensed under any provision of this title at any time the licensee, employee of the licensee, or customer is upon the licensed premise. Administrative inspections under this subsection may be conducted only for the purpose of ensuring compliance with the regulations of this title or the rules and regulations of the Marijuana Commissioner.
Section 14. Amend § 1322, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1322. Duties and powers of the Commissioner.
(a) The Commissioner, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, shall do all of the following:
(13) Consult with the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement before adopting or establishing any rules or regulations that concern enforcement.
Section 15. Amend § 1347, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1347. Background checks.
(c) The State Bureau of Identification is the intermediary for the purpose of this section and must forward all information required by subsections (a) and (b) of this section to the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
Section 16. Amend § 1383, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1383. Collection and administration of the marijuana tax; mandatory reports; preemption.
(b) A retail marijuana store licensee shall file a monthly report to the Commissioner, the Division of Revenue, and the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
Section 17. Amend § 222, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 222. General definitions.
When used in this Criminal Code:
(18) “Law-enforcement officer” includes police officers, the Attorney General and the Attorney General’s deputies,
agents
officers
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, agents employed by a state, county or municipal law-enforcement agency engaged in monitoring sex offenders, correctional officers, probation and parole officers, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, and constables. A sheriff or deputy sheriff shall be considered a “law-enforcement officer” when acting upon a specific order of a judge or commissioner of Superior Court. Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court.
Section 18. Amend § 1911, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1911. Police officers; statewide authority.
(a) For purposes of this section “police officer” means any police officer holding current certification by the Police Officer Standards and Training Commission as provided by Chapter 84 of this title and who is:
(8) An
agent
officer
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement;
Section 19. Amend § 8401, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8401. Definitions.
As used in this chapter:
(6) “Police officer” means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality, whether employed full or part-time, who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State.
a. For purposes of this chapter this term shall include permanent law-enforcement officers of the Department of Natural Resources and Environmental Control, state fire marshals, municipal fire marshals who are graduates of a Delaware Police Academy which is accredited/authorized by the Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control,
agents
officers
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, officers or agents of the Delaware Police Sex Offender Task Force, agents employed by a state, county or municipal law-enforcement agency engaged in monitoring sex offenders, state detective or special investigator of the Department of Justice and officers of the University of Delaware Police Division, Delaware State University Police Department.
Section 20. Amend § 8401B, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8401B. Definitions.
As used in this chapter “law-enforcement agency” means the Delaware State Police, the Wilmington City Police Department, the New Castle County Police, the University of Delaware Police Division, the Delaware State University Police Department, the police force established by the Delaware River and Bay Authority, the police department, bureau of police, or police force of any incorporated municipality, city, or town within this State, the Department of Natural Resources and Environmental Control, the Delaware Capitol Police, Probation and Parole Office of the Department of Correction, Probation and Parole of the Department of Services for Children, Youth and their Families, State Fire Marshal, the Department of Justice, the State Police Drug Diversion Unit, or the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
Section 21. Amend § 8502, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8502. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(5) “Criminal justice agency” shall mean:
a. Every court of this State and of every political subdivision thereof;
b. A government agency or any sub-unit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Such agencies shall include, but not be limited to, the following:
9. The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
(11) “Law-enforcement officer” shall include police officers, special investigators pursuant to § 9016 of Title 29, the Attorney General and the Attorney General’s deputies, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, sheriffs and their regular deputies,
agents
officers
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, correctional officers, animal welfare officers of the Office of Animal Welfare, and constables. For purposes of this subchapter, sheriffs and their regular deputies shall not have any arrest authority.
Section 22. Amend § 8584, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8584. Definitions.
(e) “Law-enforcement officer” includes police officers, the Attorney General and the Attorney General’s deputies, sheriffs and their regular deputies,
agents
officers
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, correctional officers, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, and constables. For purposes of this subchapter, “law-enforcement officer” also includes an employee of a federal governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has statutory powers of arrest. For purposes of this subchapter, sheriffs and their regular deputies shall not have any arrest authority.
Section 23. Amend § 9200, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9200. Limitations on political activity; “law-enforcement officer” defined; rights of officers under investigation.
(b) For purposes of this chapter:
(4) “Law-enforcement officer” or “officer” means a full-time or part-time police officer who is a sworn member of the Delaware State Police, of the Wilmington City Police Department, of the New Castle County Police, of the University of Delaware Police Division, the Delaware State University Police Department, of the police force established by the Delaware River and Bay Authority, or of the police department, bureau of police or police force of any incorporated municipality, city or town within this State or who is a sworn uniformed police or enforcement officer of the Department of Natural Resources and Environmental Control or of the Delaware State Capital Police, or a Probation and Parole Officer of the Department of Correction or a Probation and Parole Officer of the Department of Services for Children, Youth and their Families, or a State Fire Marshall Deputy or a state detective or special investigator of the Department of Justice, an agent of the State Police Drug Diversion Unit or an
agent
officer
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement; provided, however, that except for the disclosures required under § 9210 of this title, this chapter shall not apply to the Superintendent or Deputy Superintendent of the Delaware State Police, or to any officer above the rank of Captain in the Delaware State Police, or to the chief of police of any police force in this State, or to any other officer who is the highest ranking officer in the law-enforcement agency. An officer who is not a member of 1 of the above agencies is not covered by this chapter.
Section 24. Amend § 2908, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2908. Vapor establishments.
(c) (1) An employee who is under the age of 21 and who is employed by a vapor establishment on July 16, 2019, may continue as an employee of that vapor establishment, if the vapor establishment provides the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement with all of the following information:
(2) The information required under paragraph (c)(1) of this section must be received by the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement no later than August 15, 2019.
(3) The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement shall retain the information provided under this subsection for 3 years.
Section 25. Amend § 6601, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6601. Definitions [For application of this section, see 79 Del. Laws, c. 434, § 3].
As used in this chapter:
(2) “Covered person” is defined as a member of 1 of the following:
k.
Agents
Officers
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement;
Section 26. Amend § 5501, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5501. Definitions.
(k) “Specified peace officer” shall mean:
(7) Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement
agents
officers
and classifications in the
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement
Agents
Officers
occupational series up to and including the Director of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement;
Section 27. Amend § 6001F, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6001F. Definitions [For application of this section, see 84 Del. Laws, c. 407, § 2].
As used in this chapter:
(2) a. “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State or of a county or municipality in this State, whether employed full or part-time, who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State. The sworn member must be a member of any of the following:
8. An
agent
officer
of the State Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
Section 28. Amend § 8203, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8203. Powers, duties and functions of the Secretary.
The Secretary may:
(2) 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 have such powers, duties, and functions in the administration and operation of the Department as may be assigned by the Secretary:
c. A Director of the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement who shall be known as the Director of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, and who shall be qualified by training and experience to perform the duties of the office;
Section 29. Amend § 8204, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8204. Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement.
The Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement is established having powers, duties and functions as set forth in Chapter 4 of Title 4 and the youth access to tobacco laws in §§ 1115 through 1127 of Title 11.
Section 30. Amend § 581, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 581. Inspection of returns by federal, state and local officials.
(b) Notwithstanding any other provision of this section or § 368 of this title, the Director is specifically authorized to enter into an agreement with the Department of Labor, the Office of the State Bank Commissioner, the Department of Natural Resources and Environmental Control, the Division of Motor Vehicles, the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement, the Division of Medicaid and Medical Assistance, the Enhanced 911 Emergency Service Board, the Marijuana Commissioner, or the Alcoholic Beverage Control Commissioner to provide for the inspection of any tax return filed under this title (other than Chapters 30, 51, and 52) or under Title 4; provided, however, that such inspection shall be pursuant to the Department of Labor’s duties under Title 19, the Office of the State Bank Commissioner’s duties under Title 5, the Department of Natural Resources and Environmental Control’s duties under Title 7, the Division of Motor Vehicles’ duties under Title 21, the Division of
Alcohol and Tobacco
Alcohol, Tobacco, and Marijuana
Enforcement’s duties under Titles 4 and 11, the Division of Medicaid and Medical Assistance’s duties under Title 16, the Enhanced 911 Emergency Service Board’s duties under Title 16, the Marijuana Commissioner’s duties under Title 4, or the Alcoholic Beverage Control Commissioner’s duties under Title 4, and may be subject to such additional requirements as may be imposed by the Director.
SYNOPSIS
This Act changes the name of the Division of Alcohol and Tobacco Enforcement to the Division of Alcohol, Tobacco, and Marijuana Enforcement. This Act also corrects references from “agents” to “officers” of the Division.