CHAPTER 228

AN ACT TO TRANSFER TO THE STATE FROM SEVERAL COUNTIES RESPONSIBILITY FOR AND PAYMENT OF: (1) CERTAIN EXPENSES OF THE INDIGENT SICK INCURRED IN CERTAIN HOSPITALS WITHIN THE STATE, AT GOVERNOR BACON HEALTH CENTER AND AT DELAWARE STATE HOSPITAL, INCLUDING EXPENSES OF CRIMINALLY INSANE ADULTS AND CRIMINALLY INCLINED JUVENILES COMMITTED ON COURT ORDER; (2) CERTAIN EXPENSES FOR STATE PUBLIC ASSISTANCE OR WELFARE; AND (3) CERTAIN EXPENSES RELATING TO THE ADMINISTRATION OF JUSTICE; AND MAKING SUPPLEMENTARY APPROPRIATIONS THEREFOR; AND TRANSFERRING RECEIPTS OF CERTAIN FEES, FINES AND COSTS RELATING TO THE ADMINISTRATION OF JUSTICE TO THE STATE; AND PROVISION FOR EMPLOYMENT BY THE STATE OF COURT EMPLOYEES, THEIR COMPENSATION AND PENSION BENEFITS, WITH RELATED AMENDMENTS OF STATE POLICE AND STATE EMPLOYEES' PENSION PLANS.

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

Section 1. Chapter 18, Title 9, Delaware Code, providing for appropriations by the County Council of New Castle County for the relief of the indigent sick who are residents of New Castle County and procedures for payment to certain hospitals located in New Castle County for the care of the indigent sick residents of New Castle County is hereby repealed.

Section 2. Chapter 42, Title 9, Delaware Code, providing for appropriations by the Levy Court of Kent County for the relief of the indigent sick who are residents of Kent County and procedures for payment to certain hospitals located in Kent County for the care of the indigent sick residents of Kent County is hereby repealed.

Section 3. Chapter 62, Title 9, Delaware Code, providing for appropriations by the Levy Court of Sussex County for the relief of the indigent sick who are residents of Sussex County and procedures for payment to certain hospitals located in Sussex County for the care of the indigent sick residents of Sussex County is hereby repealed.

Section 4. Title 29, Delaware Code, is amended by adding thereto a new Chapter 66 to read as follows:

CHAPTER 66. INDIGENT SICK

§ 6601. Hospitals caring for indigent sick

Any and all hospitals located within each of the several counties which are not principally dependent for their maintenance and operation upon State or Federal appropriation are authorized to accept, treat and care for any indigent sick resident in such County in which such hospital is located, and to furnish them with proper medical or surgical care and attention, to be paid therefor in the manner provided in this chapter.

§ 6602. Records

Every hospital, qualifying under Section 6601 of this title, which furnishes medical or surgical and attention to any indigent sick residing in the County in which such hospital is located, shall keep a record thereof in the manner and form prescribed by the Budget Director showing the number of such indigent sick receiving medical or surgical care and attention, the name and residence of each such person, the dates the person was admitted to and discharged from the hospital and an itemized list showing all expenses incurred by the hospital for medical or surgical care and attention furnished such persons.

§ 6603. Audit of records by Budget Director

Every hospital which desires to be paid by the State Treasurer for medical or surgical care and attention for any indigent sick resident in the County in which such hospital is located, shall on or before the fifteenth clay of each month transmit to the Budget Director a duly verified copy of the record required by Section 6602 of this title, for the preceding month, and the Budget Director upon receipt thereof may investigate the facts contained therein, and if he deems it proper or necessary in the making of his investigation, he may make an examination of the hospital's books, papers and account appertaining thereto. If, after such investigation, the Budget Director is satisfied that the facts contained in the submitted record are true and correct, he shall approve the payment by the State Treasurer to the hospital of the amount shown to be due by the record; otherwise, the Budget Director shall disapprove the same.

§ 6604. Payment by State Treasurer

The State Treasurer shall pay to each hospital qualified under section 6601 of this title, such amount shown to be due to it by its verified record as shall be approved by the Budget Director at such rate per day as shall be determined by the Budget Director in his discretion for each person receiving such medical or surgical care and attention. Payments under this section shall be made out of the fund allocated for the county in which such hospital is located under this title. No money shall be paid to any hospital for any month until the amount due to all the hospitals in such County for the preceding month has been fully determined and paid.

Section 5. There is hereby appropriated the following sums for the fiscal year beginning July 1, 1969 for the hospitals described in Section 4 above:

$510,000 for the qualifying hospitals in New Castle County

$35,000 for the Kent General Hospital in Kent County

$83,500 for the qualifying hospitals in Sussex County—Milford Memorial, Beebe and Nanticoke.

Section 6. Section 5128, Chapter 51, Title 16, Delaware Code, relating to the expense of examination and removal of indigent patients at Delaware State Hospital is amended by striking the words, "shall be paid by the county of which the person was a resident at the time of his or her examination and removal." and by inserting in lieu thereof the words, "shall be paid by the State Treasurer."

Section 7. Section 5154, Chapter 51, Title 16, Delaware Code, relating to the liability for cost of removal, admission, maintenance and care of an indigent criminally insane adult or a criminally inclined juvenile at Delaware State Hospital committed by court order, is amended by striking the words, "the Levy Court or County Council of the county where the person committed was a resident at the time of the commitment" and inserting in lieu thereof the words, "the State Treasurer."

Section 8. Subparagraph (d), Section 5325, Chapter 53, Title 16, Delaware Code, relating to liability for expenses for care, treatment, and maintenance of an indigent person at Governor Bacon Health Center, is amended by striking the words, "shall be paid by the county of which such indigent person was a resident at the time of his admission." and inserting in lieu thereof, "shall be paid by the State Treasurer."

Section 9. Section 513, Title 31, Delaware Code, relating to financial participation and the amount of State Public Assistance to be provided the Department of Public Welfare, is amended by striking said section in its entirety and inserting in lieu thereof a new Section 513 to read as follows:

§ 513. Financial participation

(a) The amount of assistance paid to a recipient of Old Age Assistance, Aid and Services to Needy Families with Children, Aid to the Disabled, and to a recipient of General Assistance who shall receive cash assistance in accordance with Department policies, shall be by check or warrant drawn by the State Treasurer.

(b) With respect to assistance provided as Medical Care as defined in Section 502 of this title, to recipients of Aid to the Blind or to medically indigent persons who would be eligible, except for need, to receive Aid to the Blind, applications for such Medical Care and supporting information relating thereto shall be certified to the Department by the Delaware Commission for the Blind, which Department shall base its determinations of eligibility on the rules and regulations promulgated by the Department. Persons certified by said Commission shall be eligible for Medical Care in all respects on the same basis as persons who apply to the Department.

Section 10. There is hereby appropriated the following sum for the fiscal year beginning July 1, 1969 for the purpose described in Section 10 above:

$3,409,976 to the State Department of Welfare.

Section 11. Title 10 and Title 11, Delaware Code, relating to the Administration of Justice by the Court of Chancery, the Superior Court, the Orphans' Court, the Family Court of Kent and Sussex Counties and the Courts of Common Pleas of New Castle, Kent and Sussex Counties, the payment of the expenses of the administration of such courts by the several counties and their receipt of the fees, fines and costs of such courts and provisions for employment by the State of Court employees, their compensations and pension benefits, are hereby amended as follows:

Section 11-1. § 306, Title 10, Delaware Code, is amended by striking the words and figures "Sections 322, 323, 324 of this Title" and inserting in lieu thereof the words "this chapter".

Section 11-2. § 326, Title 10, Delaware Code, is amended in subsection (a) by striking the designation (a), by striking the words "Levy Courts or County Council of the respective counties" and inserting in lieu thereof the words "Chancellor", and by striking the words, "payable in the same manner as the salaries of other county officers are paid"; and by striking subsection (b) in its entirety.

Section 11-3. § 327, Title 10, Delaware Code, is amended by striking the words and figures "Sections 322, 323, and 324 of this Title" and inserting in lieu thereof the words "this chapter".

Section 11-4. § 329, Title 10, Delaware Code, is amended in subsection (b) by striking the words "from the respective counties", and by striking the words "Levy Courts in the respective counties" and inserting in lieu thereof the words "Chancellor"; and by striking subsection (c) in its entirety.

Section 11-5. § 504, Title 10, Delaware Code, is amended by striking the words "Levy Court or County Council of the County" and inserting in lieu thereof the words "State Treasurer".

Section 11-6. § 505; Title 10, Delaware Code, is amended by striking the words "Levy Court or County Council of the county" and inserting in lieu thereof the words "State Treasurer".

Section 11-7. § 508, Title 10, Delaware Code, is amended by striking the words and figures "Sections 527, 528, and 529 of this Title" and inserting in lieu thereof the words "this chapter".

Section 11-8. § 522, Title 10, Delaware Code, is amended in subsection (a) by striking the designation (a), by striking the words "Levy Courts or County Council of the respective counties, payable in the same manner as the salaries of other county officers" and inserting in lieu thereof the words "President Judge"; and by striking subsection (b) in its entirety.

Section 11-9. § 523, Title 10, Delaware Code, is amended in subsection (b) by striking the words "from the respective counties", and by striking the words "Levy Courts in the respective counties" and inserting in lieu thereof the words "President Judge"; and by striking subsection (c) in its entirety.

Section 11-10. § 526, Title 10, Delaware Code, is amended in subsection (a) by striking the words "County Treasurer or Department of Finance of the respective counties, for the use of such county" and inserting in lieu thereof the words "State Treasurer"; and in subsection (b) by inserting the words "or State" after the word "county" in line 2, and by striking the words "respective county Treasurer or Department of Finance for the use of the county" and inserting in lieu thereof the words "State Treasurer".

Section 11-11. § 1104, Title 10, Delaware Code, is amended by striking the words "respective Levy Courts of Kent and Sussex Counties" and inserting in lieu thereof the words "State of Delaware".

Section 11-12. § 1109, Title 10, Delaware Code, is amended by striking the words "respective Levy Courts of Kent and/or Sussex County" and inserting in lieu thereof the words "State Treasurer".

Section 11-13. § 1180, Title 10, Delaware Code, is amended in subsection (e) by striking the word "Juvenile" and inserting in lieu thereof the word "Family", and by striking the words "County Treasurers in the respective counties in which they are collected" and inserting in lieu thereof the words "State Treasurer".

Section 11-14. § 1302, Title 10, Delaware Code, is amended in subsection (c) by striking the words "County Council of New Castle County as other salaries are paid by the County Council of New Castle County" and inserting in lieu thereof the words "State Treasurer".

Section 11-15. § 1306, Title 10, Delaware Code, is amended by striking the words "into the Treasury of New Castle County" and inserting in lieu thereof the words "to the State Treasurer".

Section 11-16. § 1321, Title 10, Delaware Code, is amended by striking subsection (b) and inserting in lieu thereof the following subsection (b):

(b) The Clerk of the Court shall receive such compensation as the Judges shall from time to time determine, such compensation to be paid by the State Treasurer.

Section 11-17. § 1324, Title 10, Delaware Code, is amended by striking the third and fourth sentences thereof and inserting in lieu thereof the following sentence:

The Deputy Clerk of the Court shall receive such compensation as the Judges shall from time to time determine, such compensation to be paid by the State Treasurer.

Section 11-18. § 1325, Title 10, Delaware Code, is amended by striking the section in its entirety and substituting the following section:

Appointment of Bailiff—Compensation. The Judges of the Court of Common Pleas shall appoint a Bailiff who shall receive such compensation as the Judges from time to time shall determine, such compensation to be paid by the State Treasurer.

Section 11-19. § 1326, Title 10, Delaware Code, is amended in subsection (c) by striking the words "County Council of New Castle County" and inserting in lieu thereof the words "State Treasurer".

Section 11-20. § 1503, Title 10, Delaware Code, is amended by striking the second sentence and inserting in lieu thereof the following: The State of Delaware shall provide some suitable place for the holding of the Court.

Section 11-21. § 1505, Title 10, Delaware Code, is amended by striking the words "Levy Court of Kent County" and inserting in lieu thereof the words "State Treasurer".

Section 11-22. § 1508, Title 10, Delaware Code, is amended by striking the words "County Treasurer of Kent County" and inserting in lieu thereof the words "State Treasurer".

Section 11-23. § 1521, Title 10, Delaware Code, is amended in subsection (c) by striking the words "Levy Court of Kent County" where they appear and inserting in lieu thereof the words "State Treasurer"; and in subsection (d) by striking the words "Levy Court of Kent County" and inserting in lieu thereof the words "State Treasurer".

Section 11-24. § 1525, Title 10, Delaware Code, is amended by striking the words "Levy Court of Kent County" and inserting in lieu thereof the words "State Treasurer".

Section 11-25. § 1525, Title 10, Delaware Code, is amended in subsection (c) by striking the words "Levy Court of Kent County" and inserting in lieu thereof the words "State Treasurer".

Section 11-26. § 1604, Title 10, Delaware Code, is amended by striking the second sentence and third sentence and inserting in lieu thereof the following:

"The State of Delaware shall provide some suitable place for the holding of the Court".

Section 11-27. § 1605, Title 10, Delaware Code, is amended by striking the words "Levy Court of Sussex County" and inserting in lieu thereof the words "State Treasurer".

Section 11-28. § 1608, Title 10, Delaware Code, is amended by striking the words "County Treasurer of Sussex County" and inserting in lieu thereof the words "State Treasurer".

Section 11-29. § 1621, Title 10, Delaware Code, is amended in subsection (d) by striking the words "Levy Court of Sussex County" where these words appear and inserting in lieu thereof the words "State Treasurer"; and in subsection (e) by striking the words "Levy Court of Sussex County" and inserting in lieu thereof the words "State Treasurer"; and in subsection (f) by striking the words "Levy Court of Sussex County" and inserting in lieu thereof the words "State Treasurer".

Section 11-30. § 1624, Title 10, Delaware Code, is amended by striking the words "Levy Court of Sussex. County" and inserting in lieu thereof the words "State Treasurer".

Section 11-31. § 1625, Title 10, Delaware Code, is amended in subsection (c) by striking the words "Levy Court of Sussex County" and inserting in lieu thereof the words "State Treasurer".

Section 11-32. § 4501, Title 10, Delaware Code, is amended by striking the words "Treasurer of the county wherein they reside" and inserting in lieu thereof the words "State Treasurer".

Section 11-33. § 4526, Title 10, Delaware Code, is amended in subsection (a) by striking the words "Treasurer or Department of Finance of the county" and inserting in lieu thereof the words "State Treasurer"; and in subsection (b) by striking the words "Levy Court or Department of Finance" and inserting in lieu thereof the words "State Treasurer".

Section 11-34. § 8905, Title 10, Delaware Code, is amended by striking the words "County Treasurer of New Castle

County" and inserting in lieu thereof the words "State Treasurer", and by striking the word "County" in line 11 and inserting in lieu thereof the word "State".

Section 11-35. § 4336, Title 11, Delaware Code, is amended in subsection (c) by striking the words "respective Levy Courts and to the respective County Treasurers" and inserting in lieu thereof the words "State Treasurer", and by striking the word "county" in line 7 and inserting in lieu thereof the word "State".

Section 11-36. § 4702, Title 11, Delaware Code, is amended in subsection (b) by striking the words "Levy Court or County Council of the county where the act charged was committed, or of the county of such mentally ill person's residence" and inserting in lieu thereof the word "State".

Section 11-37. § 4703, Title 11, Delaware Code, is amended in subsection (d) by striking the words "County Treasurer" and inserting in lieu thereof the words "State Treasurer".

Section 11-38. § 4704, Title 11, Delaware Code, is amended under subsection (b) by striking the words "Levy Court or County Council of the county where the act charged was committed or of the county of such mentally ill person's residence" and inserting in lieu thereof the word "State".

Section 11-39. § 5305, Title 11, Delaware Code, is amended in subsection (b) by striking the words "County Treasurer" and inserting in lieu thereof the words "State Treasurer".

Section 11-40. § 5505, Title 11, Delaware Code, is amended in subsection (b) by striking the words "County Treasurer" and inserting in lieu thereof the words "State Treasurer".

Section 11-41. § 5605, Title 11, Delaware Code, is amended in subsection (b) by striking the words "County Treasurer" and inserting in lieu thereof the words "State Treasurer".

Section 11-42. § 306, Title 10, Delaware Code, is amended by adding the following new paragraph:

The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Court of Chancery rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Chancery, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

Section 11-43. § 504, Title 10, Delaware Code, is amended by adding the following new paragraph:

The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Superior Court rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Superior Court, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

Section 11-44. § 909, title 10, Delaware Code, is amended by adding the following new paragraph:

The State Treasurer shall pay to the county out of funds regularly appropriated for operation of the New Castle County Family Court rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the New Castle County Family Court, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

Section 11-45. § 1109, Title 10, Delaware Code, is amended by adding the following new paragraph:

The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Family Court of Kent and Sussex Counties rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Family Court of Kent and Sussex Counties, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

Section 11-46. § 1303, Title 10, Delaware Code, is amended by adding the following paragraph:

The State Treasurer shall pay to the county out of funds regularly appropriated for operation of the Court of Common Pleas of New Castle County rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Common Pleas of New Castle County, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

The State Treasurer shall pay to the county out of funds regularly appropriated for operation of the Court of Common Pleas of Kent County rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Common Pleas of Kent County, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

Section 11-48. § 1605, Title 10, Delaware Code, is amended by adding the following new paragraph:

The State Treasurer shall pay to the county out of funds regularly appropriated for operation of the Court of Common Pleas of Sussex County rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Common pleas of Sussex County, its judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Budget Director and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of three, one member to be designated by the State Budget Director, one member to be designated by the Levy Court or County Executive, and one member to be selected by the other two members.

Section 12. § 8323, Title 11, Delaware Code, is amended by adding a new subsection "(g)" to read as follows:

(g) Nothing in this section shall prevent the employment by the Superior Court, Orphans' Court, Court of Chancery, Courts of Common Pleas, or Family Courts in or of any county of any person receiving a State Police Pension. Persons so employed may receive compensation for such services without deduction from their State Police Pension.

Section 13. § 5525, Title 29, Delaware Code, is amended by adding a sentence at the end of subsection (c) to read as follows:

The pension payable under this chapter to employees of the Superior Court, Orphans' Court, Court of Chancery, Courts of Common Pleas or Family Courts in or of any county shall be in addition to any pension payable to them under the State Police Pension Plan.

Section 14. § 5522, Chapter 55, Title 29, Delaware Code, is amended by adding a new paragraph at the end thereof:

Any employee of the Superior Court, Orphans' Court, Court of Chancery, Court of Common Pleas, or Family Courts in or of any county who was so employed while the compensation for such employment was paid by a County Government of this State shall receive full credit for time he was so employed and compensated in computing the number of years service required to receive pension benefits and in computing the amount of such pension benefits under this chapter.

Section 15. In construing this statute, employees of the Superior Court, Orphans' Court, Court of Chancery, Courts of Common Pleas and the Family Court in or of any County shall include without limitation clerks, deputy clerks, bailiffs, office secretaries and stenographers, court reporters, criers, pages, law clerks, presentence officers, and assistance presentence offices, but shall not include the Prothonotaries, their chief deputies (including those appointed by the Superior Court), deputies, clerks and employees, and the Registers in Chancery and Clerks of the Orphans' Court, their chief deputies (including those appointed by the Court of Chancery), deputies, clerks and employees.

Section 16. Nothing herein shall require the reduction of compensation or benefits of any Court employee.

Section 17. Any compensation fixed by the Judges as provided by law shall not exceed the amounts appropriated by the General Assembly for that purpose.

Section 18. There is hereby appropriated the following sums for the fiscal year beginning July 1, 1969 for the Administration of Justice for the purposes described in sections 11 through 17 above.

New Castle

County

Kent

County

Sussex

County

For the Superior Court

$257,367

$64,145

$65,300

For the Presentence Office—

     

Superior Court

74,798

19,296

19,165

For the Court of Chancery

31,824

12,947

14,040

For the Family Court

25,000

18,442

19,440

For the Court of Common Pleas

119,210

58,570

50,845

Contingency Fund for the

above courts

25,000

5,000

5,000

Section 19. This Act shall become effective on July 1, 1969.

Approved July 9, 1969.