CHAPTER 485

PROVIDING FOR A STATE COMMUNICATION SYSTEM

AN ACT TO AMEND TITLE 17, DELAWARE CODE, ENTITLED "HIGHWAYS" BY PROVIDING FOR A STATE COMMUNICATION DIVISION WITHIN THE HIGHWAY DEPARTMENT, DEFINING ITS DUTIES AND APPROPRIATING FUNDS.

WHEREAS, substantial savings for the State of Delaware may be obtained by the central maintenance of all State-owned radio and communications equipment, NOW, THEREFORE

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 17, Delaware Code, is amended by adding thereto the following new chapter :

CHAPTER 16

COMMUNICATIONS

§ 1601. State Communications Division

There shall be a State Communications Division within the jurisdiction of the State Highway Department.

§ 1602. Composition of Division, administrator, employees, qualifications

(a) The State Communications Division shall consist of an administrator and such technicians, secretaries, clerks and other personnel as shall be appointed by the State Highway Commission. The administrator shall have charge of the Division, and subject to the jurisdiction of the Highway Department, shall see that the Division carries out its duties.

(b) The administrator shall at the time of his appointment hold both a commercial and amateur radio license as required by the rules and regulations of the Federal Communications Commission. He shall have had at least 5 years radio communication administrative experience.

(c) Technicians shall hold commercial radio licenses as required by the rules and regulations of the Federal Communications Commission and shall meet technical qualifications established by the administrator.

(d) All other employees of the Division shall have such qualifications as are set by the administrator.

§ 1603. Duties of Division

The Division shall:

(1) Provide maintenance and repair services for all State-owned radio equipment in this State;

(2) Maintain radio repair shops in each county of the State on premises made available by the State Highway Commission ;

(3) Maintain a central administration headquarters on premises made available by the State Highway Commission;

(4) Purchase and maintain an inventory of replacement equipment, parts and supplies;

(5) Establish and maintain a complete inventory of all State communications equipment;

(6) Establish by published rules and regulations such uniform administrative procedures in respect to State communications as will provide for the most efficient use and servicing of the equipment involved;

(7) Establish in cooperation with the State agencies having communications equipment definite plans for utilization of the equipment in event of emergency or disaster.

§ 1604. Inspections

The Division shall make such regular routine inspections and checks of State-owned communications equipment as are required for preventative maintenance in adherence to the rules and regulations of the Federal Communications Commission.

§ 1605. Use of facilities and services of other State agencies

The Division shall utilize the facilities and services of other State agencies wherever the use of such facilities and services would result in a saving for the State.

§ 1606. Repair priorities

All repairs made by the Division shall be done according to a priority basis to be set up by the administrator with due regard for the uses to which the equipment is put and the seasonal need for equipment.

§ 1607. Use of services and supplies of division

(a) State agencies eligible to receive the services and supplies which the Division provides shall not purchase or contract for such services or supplies from any other source except in cases of special emergency.

(b) Volunteer fire companies located within the State of Delaware may obtain services and supplies from the Division at the same cost as State agencies. Services and supplies for volunteer fire companies shall be pursuant to written agreement and payment for such services and supplies shall be made monthly.

§ 1608. Accounting; overtime

(c) Itemized statements shall be made to each agency monthly showing the time, material and mileage which has been charged to each agency on account of services rendered by the Division. The charges shall be based on the actual hourly wage of the technician and the cost of materials and mileage. A duplicate of each such statement shall be sent to the Auditor of Accounts who shall cause the funds charged to each agency by the Division to be transferred to the credit of the State Highway Department for the Division as if appropriated thereto. Any funds received by the Division under section 1607 (b) shall be forwarded to the State Treasurer and deposited to the credit of the Division.

(d) When it is necessary to pay for overtime services in connection with repair of communications equipment the agency

requiring the overtime service shall be charged accordingly, in the statement provided for in subsection (a).

Section 2. All existing supplies, test equipment and motor vehicles now used for radio communication maintenance on State-owned equipment shall be turned over to the Division herein established as part of its equipment and supplies.

Section 3. In addition to the transfers herein authorized there is appropriated to the State Highway Department for its use in establishing and maintaining the State Communications Division the sum of $45,000 for the year ending June 30, 1956 and the sum of $28,000 for the year ending June 30, 1957.

Section 4. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware.

Section 5. The Act shall be effective July 1, 1955.

Approved July 21, 1955.