Delaware General Assembly



Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 108, Volume 36, Laws of Delaware entitled An Act providing for an Employment Bureau and Appropriating monies for the Maintenance Thereof", be and the same is hereby amended by striking out all of said Act and inserting in lieu thereof the following:

Section 2 (a) That, in order to promote the establishment and maintenance of public employment offices in Delaware, there is hereby created a bureau to be known as the Delaware State Employment Service, at the head of which shall be a director.

(b) That, at the time the Delaware State Employment Service is ready to begin operations on or before July 1, 1935, the Employment Bureau now existing in the State of Delaware shall be abolished, and all records, files and property (including office equipment) of the existing Employment Bureau shall thereupon be transferred to the Delaware State Employment Service.

Section 3. That the State of Delaware accepts the provisions of the Wagner-Peyser Act, approved June 6, 1933 (48 Stat. 113, United States Code, Title 29, Sec. 49), "An Act to provide for the establishment of a national employment system and for co-operation with the States in the promotion of such systems, and for other purposes", in conformity with Section 4 thereof, and will observe and comply with the requirements of said Act.

That the Delaware State Employment Service is hereby designated and constituted the agency of the State of Delaware for the purposes of such Act. Said Service, its officers and employees are hereby given full power to co-operate with all authorities of the United States having powers and duties under such Act, and to do and perform all things necessary to secure to the State of Delaware the benefits of such act, in the promotion and maintenance of a system of public employment offices.

Section 4. (a) That all Federal funds made available to the State of Delaware under said Act of Congress shall be paid into the Treasury of the State and said funds are hereby appropriated and made available to the Delaware State Employment Service to be expended and disbursed as provided by said Act of Congress and by this Act.

(b) That there shall be appropriated out of the Treasury of the State of Delaware from funds not otherwise appropriated the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars per year. Such funds are necessary to be appropriated in order to secure the full amount allotted to the State of Delaware by the Government of the United States and for the purpose of maintaining public employment services. The aforesaid funds are to provide for the maintenance and expenses of the Delaware State Employment Service, and to be disbursed as needed by the State Treasurer upon warrants signed by the Director, by order of the Bureau hereinafter mentioned.

The money herein appropriated shall be made available on July 1, 1935, for the fiscal year ending June 30, 1936, and then each succeeding first of July for two years, and thereafter such sums shall be made available as the Delaware General Assembly may deem necessary.

Section 5. That it shall be the province and the duty of the Bureau to promote and develop an employment office or system of employment offices, in order:

(1) That employers seeking workers and the unemployed, without cost to either, may be referred to each other;

(2) To provide adequate quarters and facilities for the registration of employees and for the receipt of orders from employers;

(3) To provide prior opportunity of employment to Delawareans and citizens of the United States, except when such are unavailable and not qualified;

(4) To co-operate in the administration of unemployment insurance laws;

(5) To provide complete responsible records of all applicants;

(6) To reduce the wageless period between jobs and the resulting drain on savings, credit, and social agencies;

(7) To develop and operate a technique by which workers in obsolete or similar occupations may be economically absorbed in a gainful occupation;

(8) To provide facilities by which those in need of rehabilitation or readjustment may be absorbed in private industry with mutual advantage;

(9) To provide information to juniors and those responsible for their training and influence in choosing the proper occupations;

(10) To reduce the cost to industry of procurement, sifting out, and turnover;

(11) To provide existing facilities for government and industry in a period of national emergency;

(12) To provide for the licensing and regulation of private employment agencies;

(13) To provide for the clearance of labor to work opportunities between Delaware and the other States;

(14) To co-operate in the dissemination of employment information and trends, and with other public bodies to the end that Governmental administration and legislation will have additional, necessary, and accurate facts for their guidance.

Section 6. That an annual report of the expenditures and activities of the Delaware State Employment Service shall be made by the Director to the Governor.

Section 7. That the Delaware State Employment Service shall be administered by a Bureau of three persons, including the aforesaid Director, designated as such by the Governor. All members of the said Bureau shall be appointed by and serve at the discretion of the Governor by and with the advice of the Advisory Council.

Section 8. That the three members of the Bureau shall be allowed reasonable travelling expenses when performing official business and serve without compensation except the Director, who shall devote full time to the direction and duties of the employment service, and shall receive such salary as the said Bureau, with the advice of the Governor, shall determine, payable monthly. The said Bureau is hereby directed to employ such assistants as it may be deemed necessary to carry out the provisions of this Act.

Section 9. That the said Bureau shall co-operate with the counties, cities and towns of the State, and shall require such local co-operation as it may deem necessary to carry out the provisions of this Act. Any local funds granted for the co-operative maintenance of a local office shall be deposited in the State Treasury and may be withdrawn only by warrants of the Director and only for said purpose.

Section 10. That the Governor shall appoint an Advisory Council in accordance with the regulations of the United States Employment Service and in co-operation with the Director of the United States Employment Service;

(a) To advise in formulating policies of administration;

(b) To insure impartiality, neutrality, and freedom from political influence in the administration of the Service;

(c) To assist in the development of standards for the operation of the Service;

(d) To assist in maintaining the standards established by the United States Employment Service for the selection of the personnel of the State Service;

(e) To discuss problems relating to the Service;

(f) To promote public understanding of the purposes, policies, and practices of the Service.

Section 11. That the said Bureau shall have the power to cause employment agencies being operated for profit within the State to take out an annual State license costing Ten Dollars, to be deposited in the General Fund of the State Treasury. The said Bureau shall make and enforce rules and regulations for the conduct of the said employment agencies, and said rules and regulations shall have the force of law and any violation thereof shall be punishable as a misdemeanor. A certified copy of the said rules and regulations shall be filed in the office of the Secretary of State. Every infraction shall be punishable by fine not to exceed Fifty ($50.00) Dollars and no less than Five ($5.00) Dollars. The Bureau may inspect and audit the books and records of the said employment agencies, subpoena said books and records and such persons employed in the conduct of said agencies and such persons placed or seeking placement at employment through said agencies. Said bureau may take the sworn testimony of said person insofar as it does not interfere with their constitutional rights.

Section 12. Constitutionality:--If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Approved April 18, 1935.