CHAPTER 673

AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1971", BEING HOUSE BILL NO. 630 OF THE 125TH GENERAL ASSEMBLY AND ALSO KNOWN AS THE 1971 BUDGET APPROPRIATION BILL.

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

Section 1. House Bill No. 630, as approved by both the Senate and the House of Representatives of the 125th General Assembly and entitled "An Act making appropriations for the expense of the State Government for the Fiscal Year ending June 30, 1971", and also known as the 1971 Budget Appropriation Bill (hereinafter referred to as House Bill No. 630), is amended by striking out the figures shown therein for the lines in Section 1 hereinafter listed and marked " (1 ) " and by inserting new figures in lieu thereof as set forth in this section; by adding new lines to Section 1 as hereinafter listed in this section and marked "(2)"; and by striking out the lines in Section 1 hereinafter listed and marked "(3)" in their entirety.

Delaware State College

(1) Salaries and Wages of Employees (228) $1,524,800

Delaware Technical and Community College

(3) Salary of Executive Director 25,000

(1) Salaries and Wages of Employees (217) 2,093,800

(2) Contingency-Dental Technician Training 45,000

State Board of Education

DIVISION I—SALARIES

(1) Directors (8) (7 State Funds; 1 All Other Funds) 119,500

(1) Supervisors (43) (18) State Funds 268,500

(1) Clerical (45.5) 273,700

DIVISION II

(2) Learning Disabilities 25,500

(1) Division III Education Advancement Act 2,408,000

(1) Non-Public School Transportation 450,000

State Board for Vocational Education

DIVISION I—SALARIES

(1) Teachers

Summer Programs — Vo-Tech. School Districts 75,000

DIVISION II—OTHER COSTS

(3) Supplies and Materials

Summer Programs — Vo-Tech. School Districts 25,000

State Board for Vocational Education—Rehabilitation Division

(1) Contractual Services 245,200

Department of Public Welfare

(2) Head Start Program 250,000

State Employees' Pension Fund

(1) Employees' Pension Fund 103,000

Educational Contingency Fund

(3) Monitors—Matching Funds (State $50,000;

Local $50,000; Total $100,000) 50,000

Section 2. The said House Bill No. 630 is further amended by changing all the totals and sub-totals appearing in Section 1 thereof to reflect the changes set forth in Section 1 of this Act.

Section 3. The said House Bill No. 630 is further amended by deleting in its entirety Section 8 thereof, and inserting in lieu thereof the following:

Section 8. (a) In the event that any school district shall have more certified units of pupils based on the actual enrollment for September 30, 1970, than the number of units for which appropriation is made in this Act, such district is hereby authorized and empowered:

(1) To employ additional teachers with State Funds not to exceed the difference between the number of certified units of pupils as of September 30, 1970, and the number of units of pupils for which teachers are provided by Section 1 of this Act; provided that, no more than 38 additional units of exceptional children shall be permitted at State expense from the Growth and Upgrading Fund for the year ending June 30, 1971.

(2) To employ an additional number of administrative, clerical, health, and custodial employees, not to exceed the difference between the number of such employees to which the district would be entitled in accordance with the provisions of Title 14, Delaware Code, and based on the number of certified pupil units in the district on September 30, 1970, and the number of such employees provided for the district by Section 1 of this Act; provided that, no more than 38 additional units of exceptional children shall be permitted at State expense from the Growth and Upgrading Fund for the year ending June 30, 1971. In cases which use a school building or parts thereof in the determination of the number of employees, such employees shall be charged against State appropriated funds, according to State Board of Education regulations.

(b) In the event that any school district shall have fewer certified units of pupils based on the actual enrollment for September 30, 1970, than the number of units for which appropriation is made in this Act, such district's appropriation may be reduced by the State Board of Education and the Budget Director to comply with the number of units based on the actual enrollment for September 30, 1970.

() Authorizations to the Vocational Technical High Schools for staffing summer school programs may be granted upon application to and approval by the State Board of Education and the Budget Commission.

Section 4. The said House Bill No. 630 is further amended by deleting in its entirety Section 11 thereof, and inserting in lieu thereof the following:

Section 11. (a) The amount of $500,000 hereinabove provided in Section 1 of this Act for Minor Capital Improvements under Educational Contingency Funds is appropriated to the State Board of Education for minor capital improvements, non-ordinary and non-recurring repairs to school buildings, or so much thereof as shall be necessary to carry out the purposes of this Act, and shall be paid by the State Board of Education to the local districts as provided in this Section.

(b) The State Board shall establish criteria for the types of minor capital improvements and repairs which it will approve under this Section. The State Board shall pay local districts only for the actual expenses of repairs and replacements of a Capital nature which shall include but not be limited to the re-building or major repair of roofs, floors, heating systems, electrical, plumbing, water systems, facilities roadways, and play areas. The State Board shall not pay school districts for ordinary or minor maintenance repairs such as repainting, replacing of broken glass, refinishing floors, or for other repairs of a temporary duration from the funds appropriated by this Section. The State Board shall in any case, pay only sixty percent (60% ) of the total costs of such capital improvements and repairs.

(c) Before any improvements or repairs authorized by this Section are undertaken by any school district, the school district shall itemize the improvements or repairs needed and show the estimated costs of each item. The State Board, using the criteria set forth in Subsection (b) of this Section, shall decide as to the right of payment to the local school district for any improvements or repairs, and the decisions of the State Board shall be final.

(d) In order to determine the right of payment to the school district under this Section, the State Board, or its designated representative, shall:

(i) inspect the building or buildings to determine that the improvements or repairs requested by the school district are needed and are in accordance with the criteria set forth in Subsection (b) of this Section;

(ii) provide necessary help to the school district for letting of bids on the repairs or replacements meeting the criteria;

(iii) inspect the improvements or repairs upon completion to determine that all specifications have been met and that the work and materials used are of acceptable quality, and

(iv) pay the State's share of the cost of the improvements or repairs made by the school district in accordance with the provisions of this Section after the improvements or repairs are accepted as meeting all specifications as to workmanship and materials.

(e) Any school district may levy and collect a tax to pay their forty percent (40%) share of the cost of the improvements and repairs authorized by this Section. Such taxes shall be collected by local taxation within the school district according to the provisions set forth in Chapter 19, Title 14, Delaware Code, except that no referendum shall be required.

(f) Any school district, as an alternate to the levy and collection of a tax to pay its forty percent (40%) share may authorize the issuance of bonds to pay its forty percent (40%) share of the cost of the improvements and repairs authorized by this Section, pursuant to Chapter 21, Title 14, Delaware Code. In the event that such share is to be raised by the alternate method herein permitted the provisions of Section 7507, Chapter 75, Title 29, Delaware Code, shall apply.

(g) The provisions of Chapter 75, Title 29, Delaware Code, shall not apply to the improvements and repairs authorized by this Section except for the applicability of Section 7507 of said Chapter as provided in (f) above.

(h) Notwithstanding any provisions of House Bill No. 630, Section 1 thereof or the provisions of Section 6521, Chapter 65, Title 29, Delaware Code, the State Board is hereby authorized to expend the amount hereinabove provided, for the purposes hereinabove provided, until June 30, 1972; at which time, any funds remaining unexpended or unencumbered shall revert to the General Fund.

Section 5. The said House Bill No. 630 is further amended by adding a new Section 27 to read as follows:

Section 27. All State agencies, boards, commissions and departments (hereinafter all referred to as agency) receiving funds herein, shall file annual reports as follows, any other law to the contrary notwithstanding:

(a) The annual report shall inform the Governor, the General Assembly, other State agencies and the public of the costs and benefits, goals, accomplishments and problems of the reporting agency or office. The report should be brief, factual, and to the point, and it should be designed to transmit information rather than serve the purpose of a promotional publication.

(b) A statistical summary shall show the agencies' budget, supplemental appropriations (if any), actual expenditures, revenues (if any), and number of employees by year for the past three years as well as a forecast of expenditures, revenues (if any), and employees for the next five years. Explanations shall be provided for supplemental appropriations.

(c) The written portion of the report shall state briefly the statutory responsibility of the agency plus its major programs, accomplishments, goals, and problems. The emphasis should be on the future rather than on the past, and any forecast of substantial growth or decline in expenditures should be explained.

(d) The report shall be submitted not later than November 15, 1970.

(e) Each member of the General Assembly, the Governor, Lieutenant Governor, Budget Director and Auditor of Accounts, shall receive copies.

(f) The report shall be typewritten on standard sized paper and reproduced by the most economical means, considering the number of copies needed for distribution to all related functions and interested parties.

Section 6. The said House Bill No. 630, is further amended by adding the following subsection (e) to Section 8 thereof:

(e) To the extent that DIVISION I funds which are allocated in accordance with statutory formula for any and all salaries other than salaries for classroom teachers are not spent, they may be transferred to DIVISION II for use in such manner as the school districts shall determine to be appropriate, upon request to and approval by the State Board of Education and the concurrence of the Budget Director.

Section 7. The said House Bill No. 630 is further amended by adding thereto the following:

Section 28. The funds herein appropriated to the Department of Public Welfare in the amount of $250,000 for the Head Start Program shall be spent only if there shall have been approved and made available the $750,000 of Federal Government matching funds under Title IV A. If such Federal matching funds are not forthcoming, the $250,000 of State funds herein appropriated shall be added to the State Employees' Pension Fund.

Approved July 7, 1970.