CHAPTER 306

FORMERLY SENATE BILL

NO. 477

AS AMENDED BY

SA 21, 22, 26, 27, 29, 30, 32,

33, 34, 35, 36, 41, 42, 46

AND

HA 1, 2, 5, 10, 11, 14, 18, 19,

21, 22, 25, 31, 32

AN ACT TO FURTHER AMELIORATE THE FINANCIAL INTEGRITY OF THE STATE OF DELAWARE BY ELIMINATING, RESTRICTING, REDUCING IN WHOLE OR IN PART, OR POSTPONING CERTAIN PROGRAMS, PROJECTS AND VARIOUS EXPENDITURES PREVIOUSLY AUTHORIZED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE; TO DECREE CERTAIN BUDGETARY RESTRICTIONS AND PROCEDURES AND TO REPEAL, AMEND OR TEMPORARILY SUSPEND CERTAIN OTHER PERTINENT STATUTORY PROVISIONS.

WHEREAS, it is incumbent upon the General Assembly to insure fiscal responsibility within the government of the State of Delaware by restraining its spending propensities and by minimizing the ever increasing tax burdens imposed upon the citizenry; and

WHEREAS, the emergency legislation enacted by the 126th General Assembly on June 30, 1971, namely House Bills numbered 497, 498, 499, 500, 501, and House Joint Resolution No. 20 embodied certain initial temporary steps toward a solution of the State's fiscal dilemma; and

WHEREAS, House Bill No. 497 directed that the authorized appropriations to the State Departments and Agencies for the fiscal year ending June 30,1972 embodied in House Bill No. 200, as amended, shall be reduced by 5%, it did not direct similar restraint with respect to new programs and supplemental appropriations authorized by the General Assembly in separate legislation; and

• WHEREAS, further reductions in expenditures, including

those of the Legislative Branch, seem appropriate;

NOW THEREFORE,

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

Section 1. The Executive, Judicial and Legislative Branches of the Government of the State of Delaware, including all of its Departments, Divisions, and Agencies are hereby directed to eliminate, restrict, reduce or postpone programs, projects and various expenditures previously authorized by the General Assembly as hereinafter prescribed.

Section 2. The following appropriations enumerated in House Bill No. 200 as amended, if not eliminated in whole or in part by the Governor or the Departments and Agencies listed in House Bill No. 497, are hereby rescinded as hereinafter prescribed:

House Bill No. 200, as Amended References

Page Line Hereby reduced Hereby

No. No. From To Eliminated

(01-01-000) General Assembly —
House

2 5 Salaries — Attaches 68,900 60,000

(01-02-000) General Assembly
Senate

2 11 Salaries — Attaches 70,000 50,000

14 Salary of MT/ST Operator 5,500 5,200

(01-03.000) Commission on Modernization of State Laws

2 18 Travel 610

19 Contractual Services 1,000

(01.03-000) Commission on

Interstate Cooperation

2 23 Travel — Legislative 18,000

24 Travel — Other 2,000

Contractual Services

29 Southern Nuclear Board 8,554

30 Other 4,700

Page Line Hereby reduced Hereby

No. No. From To Eliminated

(01-08-000) Legislative Council (01-08-001) Office of Director

35 Salary of Director 20,500 19,950

36 Salary of Asst. Director 15,000 14,640

37 Salaries - Part Time 7,260 7,000

38 Salaries and Wages of Employees 60,760 60,760

42 Travel

45 Capital Outlay 6,900 4,500

(01-08-002) Office of Controller General

3 3 Salary of Controller General 18,375 17,500

4 Salaries and Wages of Employees (1) 17,910 5,480

5 Travel 600 200

7 Supplies and Materials 3,000 1,500

8 Capital Outlay

(02-01-000) Supreme Court

3 19 Contractual Services 8,250 7,500

20 Supplies and Materials 2,750 2,300

(02-02-000) Court of Chancery

3 27 Personal Services 1,000 600

29 Contractual Services 3,050 2,400

(02-03-000) Superior Court

3 37 Salaries and Wages of Employees (60) 488,000 459,000

43 Supplies and Materials 12,500 11,500

(02-04-000) Common Pleas Court -
Kent County

4 9 Other Contractual Services 5,000 4,600

(02-05-000) Common Pleas Court -Sussex County

4 17 Personal Services -

Public Defender 750 500

(02-06-000) Common Pleas Court -New Castle County

4 30 Other Personal Services 1,000 500

33 Supplies and Materials 3,000 2,500

(02-07-000) Family Court -

Kent and Sussex Counties

4 40 Personal Services - Masters 14,000 12,000

41 Travel 18,000 15,000

Page Line No. No.

Hereby reduced Hereby

From To Eliminated

(02-11-000) New Castle County

Law Library

5 30 Capital Outlay 14,000 12,750

(02-12-000) Council on

Administration of Justice

5 33 Travel

34 Contractual Services

6 15-19 (02-14-000) Court on the Judiciary

(10-01-000) Office of the Governor

6 29 Contractual Services 19,500 17,500
(10-02-001) Budget Office

6 41 Contractual Services 11,000 10,400

42 Supplies and Materials 3,000 2,000

(10-02-006) Budget Commission

7 3 Contingency - Emergency Fund 300,000 200,000

4 Contingency - Boiler and Roof Repairs 50,000 5,000

5 Rents - Court Spaces 353,000 253,000

(10-03-000) State Planning Office

7 12 Travel 1,000 750

13 Contractual Services 21,000 20,000

(12-02-000) Auditor of Accounts

8 6 Travel 3,000 1,500

7 Contractual Services 5,000 3,500

8 Supplies and Materials 9,000 6,000

9 Capital Outlay 8,000 7,000

(12-03.000) Insurance Commissioner

200

300

5,000


8 15 Personal Services 2,150 1,000

16 Travel 3,855 3,000

22 Self-Insurance Fund* 225,000*

(*The elimination of this term is dependent upon and shall become effective only upon the passage of Senate Bill No. 50 Involving the transfer of $1,000,000 from the Capital Investment Fund to the Self Insurance Fund).

(20-06-000) Division of Archives and Cultural Affairs

(20.06-001) Office of Director

10 30 Salaries and Wages of Employees (16) 107,307 102,457

38 Film 4,000 3,500

Page Line No, No.

Hereby reduced Hereby

From To Eliminated

(20-06-002) National Historic

Register Program

11 6 Personal Services 250

7 Travel 450 350

8 Contractual Services 700 500

9 Supplies and Materials 600 ,400

(20-06-004) John Dickinson Mansion

11 22 Salaries and Wages of Employees (2) 19,452 15,400

(20-06-010) New Castle Historic

Building

12 5 Contractual Services 3,100 3,000

7 Capital Outlay 500 250

(20-06-012) Archaeological Board

12 18 Travel 600 300

(20-06-016) Delaware State Arts

Council

12 44 Contingency — Programs 25,885 10,885

(25-05-000) Division of Accounting

13 16 Supplies and Materials 4,500 3,750

(25-07-012) Bond Issuing Officers

14 17 Expense of Issuing Bonds 35,000 25,000

(25-08-000) Veterans Service

Division

14 32 Contractual Services 6,000 5,500

(30-00-000) Department of

Administrative Services

14 45 Contingency — Federal Grants 20,000

Coordination Program

(30-08-011) Public Service Commission

17 23 Salary of Executive Secretary 10,500

27 Supplies and Materials 2,480 1,200

(35.05-003) Emily P. Bissell Hospital

20 8 Travel 1,700 800

14 Supplies and Materials — Food 71,000 56,000

(35.05-000) Delaware Home and
Hospital

20 24 Travel 2,000 1,400

Page Line No. No,

Hereby reduced Hereby

From To Eliminated

(35-06-002) Delaware State Hospital

22 13 Salaries & Wages of Employees 5 ,190,081 4140,081*

(35-06-003) Mental Hygiene Clinics

22 30 Personal Services 500 200

32 Contractual Services 42,000 36,000

(35-06-005) Hospital for the

Mentally Retarded

23 7 Other Personal Services 25,000 22,000

11 Other Contractual Services 140,000 132,000

23 36-43 (35-06-008) Alcoholic Services 233,000 233,000•

•See Section 4 of this Act.

(35.07-002) Public Welfare

24 15 Travel 5,315 4,700

17 Contractual Services —

Blue Cross Contract 140,000 120,000•

*See Section 3(0 of this Act

(35-07-003) Blind

24 42 Other Contractual Services 13,000 12,000

47 Contingency —

Stand Construction 5,000 2,000

(35-08-002) Adult Corrections

25 14 Salaries — Shift Differential 148,000 135,000

(35-08-003) Juvenile Correction

25 37 Contingency — Boys Group Home 47,500 37,500

(35-10-000) Division of Youth

Affairs

26 3 Salaries and Wages of Employees (1.5) 26,304 13,000

4 Travel 2,000 1,000

5 Contractual Services 2,000 1,000

(40-00-000) Department of Natural Resources and

Environmental Control

(40-05.002) Wildlife

27 14 Personal Services

(40-05-003) Fisheries

27 28 Boat Repairs

32 Fisheries — New Boats

35.38 Atlantic State Marine Fisheries

44 Wetlands Mapping

4,000 1,500

1,650 — 0 —

100

15,000
65,000

Page Line No. No.

(40-05-005) Technical Service 27 41 Personal Services

(40-06-002) Parks and Recreation

Hereby reduced Hereby

From To Eliminated

100

28 12 Personal Services 100

13 Travel 3,100 2,500

18 Recreation Assistance Fund 400,000 300,000

(40-06-003) Forestry and Fire

Protection

23 Personal Services — Fire Wardens 1,300 300

(40-07-000) Division of Soil and Water Conservation

29 5 Travel 1,000 750

a Other Contractual Services 7,000 6,000

(40-08-000) Division of Environmental Control

(40-08-001) Office of the Director

29 24 Travel 2,625 1,800

(40-08-005) Mosquito Control

30 2 Salaries — Part Time 14,000 13,000

3 Salaries — Overtime 2,000 1,000

9 Other Contractual Services 20,000 15,000

(45.00-000) Department of Public Safety

(45-01-000) Office of the Secretary

30 23 Contractual Services 3,000 1,500

24 Supplies and Materials 1,310 800

(45.05-000) Office of Administration

30 32 Contractual Services 2,400 1,000

33 Supplies and Materials 2,050 1,500

(45.07-000) Division of Motor

Vehicles

31 25 Other Supplies and Materials 57,475 50,000

(45-08-000) Division of

Civil Defense

31 33 Travel 800 400

35 Supplies and Materials 3,300 2,800

(45.11-000) Delaware Agency to Reduced Crime

32 10 Aid to Local Law

Enforcement Agencies 550,000 400,000

Page Line Hereby reduced Hereby

No. No. From To Eliminated

(50-05-000) Office of

Economic Opportunity

32 47 Opportunities Industrialization

Center 200,000 175,000

(50.06-000) Office of Human

Relations

33 2 Salary of Director 16,500 15,750

3 Salaries & Wages of Employees (9) 75,100 70,850

5 Travel 7,000 6,000

6 Contractual Services 10,750 9,750

(50.08-000) State Development

33 14 Salaries — Overtime 820 300

(50-09-000) Division of Housing

33 32 Travel 2,000 1,200

(55-05-000) Division of Highways

35 13.14 Contingency Fund — Overtime

Contractual Snow Removal

Ice Control 300,000 200,000

(55-06-000) Division of

Transportation

35 23 Other Personal Services 10,000 2,000

(60-07-003) Apprenticeship and
Training

36 18 Travel 400 200

(60.07-004) Industrial Accident
Board

36 28 Contractual Services 9,165 8,265

29 Supplies and Materials 2,200 1,000

30 Capital Outlay 300 200

(70-03-000) Kent County Department
of Elections

40 24 Salary of Extra Help 4,500 2,000

29 Other Personal Services 700

34 Other Contractual Services 12,700 3,000

(70-04-000) Sussex County

Department of Elections

Page Line No. No.

(75-01-000) State Fire

Marshal's Office

Hereby reduced Hereby

From To Eliminated

41

25

Travel

1,800

1,300

   

(76-00-000) Delaware National Guard

   

42

4

Travel

6,500

4,500

 

8

Other Supplies and Materials

23,400

20,000

   

(95-01-002) Services to School

   
   

Districts and Others

   

45

6

Substitutes in Districts

790,000

395,000

Section 3. The following programs and projects and related appropriations previously authorized by separate legislation as hereinafter identified, are hereby eliminated, restricted, reduced or postponed as more specifically hereinafter prescribed:

(a) The new program establishing the Family Court for the State of Delaware, created by Senate Bills No.s 100, 101, and 102, as amended, and approved by the Governor on June 9, 1971 are hereby reaffirmed, except as to the appropriation of $400,000 in Section 5 of Senate Bill No. 100, which appropriation is hereby reduced to $285,000 thus postponing the full implementation of the new program until after June 30, 1972, to be then funded through the normal budgetary procedure.

(b) The new expanded Anti-Drug-Abuse program enacted by the General Assembly in House Bills Nos. 305 and 333, as amended, and approved by the Governor on July 9, 1971, are hereby reaffirmed except as to the appropriation of $476,808 in Section 1 of House Bill No. 305, which appropriation is hereby reduced to $330,000 thus postponing the full implementation of the new program until after June 30, 1972, to be then funded through the normal budgetary procedure.

(c) Senate Bill No. 340, as amended, and approved by the Governor on July 1, 1971, creating the Delaware American Revolution Bicentennial Commission, is hereby reaffirmed, except as to the appropriation of $33,500 in Section 2 thereof, which appropriation is hereby reduced to $2,000 thus postponing the implementation of this new program until after June 30, 1972, to be then funded through the normal budgetary procedure.

(f) The reduction of $20,000 in Contractural Services —Blue Cross Contract prescribed by Section 2 of this Act is hereby decreed in contemplation of the implementation of the "Family Multiple Form Medicaid Drug Claim" procedure under the "Prescription Drug Claim Program" which the Department of Health and Social Services is hereby directed to implement immediately.

(h) The new Administrative Office of the Courts created by House Bill No. 139, approved by the Governor on May 14, 1971, is hereby reaffirmed, except as to the appropriation of $50,000 in Section 2 thereof, which appropriation is hereby reduced to $35,000.

(i) Any new personnel employed to implement the new experimental programs established and funded by House Bill No. 199, as amended, and House Bill No. 237, approved by the Governor on June I6, 1971, dealing with Vocational Rehabilitation of Public Assistance Recipients, and House Bills No. 305 and 333, as amended, and approved by the Governor on July 9, 1971, dealing with Anti-Drug-Abuse, or any new personnel employed to replace existing personnel transferred to these new programs, shall not be covered by the provision of Chapters 14 and 40, Title 14 of the Delaware Code nor be covered by the provisions of Chapter 13 of Title 19 of the Delaware Code, until such time as the General Assembly shall approve the permanent establishment and funding of such new programs. If such personnel shall then be subsequently employed on a permanent basis, they shall be entitled to credit for past service in these new programs in accordance with the aforesaid Delaware Code chapters.

Section 5. The following changes in the Delaware Code, are hereby enacted as hereinafter prescribed:

(a) Section 1328, Title 14, Delaware Code, relating to teachers' duty-free periods, is hereby repealed.

(b) Effective September I, 1971, the fees of jurors prescribed by Section 8901, Title 10, Delaware Code, shall be reduced from $20 per day to $15 per day, with the mileage allowance remaining at 10 cents per mile as at present.

(e) The second and third paragraphs of Section 503 (a), Title 31, Delaware Code, added by House Bill No. 405, approved by the Governor on July 10, 1969, relating to welfare payments, are hereby repealed in their entirety.

(f) Section 1318, Title 14, Delaware Code, is hereby amended by striking paragraph (f) of Section 1318 and inserting in lieu thereof the following:

(f) An employee may be absent without loss of pay no more than one day per fiscal year for any one of the following reasons:

(1) To attend the graduation exercises of a member of the immediate family defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law, or any relative who resides in the same household.

(2) To attend all courts pursuant to a subpoena where the employee is not a party to the proceeding.

(3) To be given a physical examination for selective service purposes.

(4) Marriage of the employee.

(5) To attend the settlement of the estate of a member of the immediate family.

(6) To attend the settlement for sale or purchase of a home.

(7) An automobile accident when the employee is involved.

(8) The moving of the employee's homestead.

(9) The death of a close friend of the employee.

Such absences must be approved by the Chief School Officer and shall be included in the sick leave of the employee.

Section 1318, Title 14, Delaware Code, is hereby further amended by adding thereto a new paragraph (h) to read as follows:

(h) Any absence not covered in paragraphs (a), (b), (c), (d), (e), (f), or (g) of this section shall be considered unexcused.

(i) Amend Title 6, Delaware Code, by deleting Chapter 72 in its entirety.

Section 6. It is hereby decreed that on and after the effective date of this Act no individual employment contracts shall be executed with any employee of the State of Delaware, its Departments or Agencies, local school districts or institutions of higher education subsidized by the State of Delaware with the following exceptions:

Employment contracts on an annual basis only may be executed with professional educators only who are employed by the State Board of Education, local school districts and institutions of higher education subsidized by the State of Delaware, provided that such contracts shall include a provision that the amount of compensation shall be subject to such change as many be necessitated by the funds made available for such purpose and further provided that such contracts shall not become effective and binding until such funds shall have been definitively appropriated.

(e) Beginning with the fiscal year ending June 30, 1972, the several amounts are hereby appropriated as follows:

DEPARTMENT

(95.04-000) Delaware State Advisory Council on Vocational Education

Salaries and Wages of Employees (1) $ 8,400

Contractual Services 950

Supplies and Materials 350

Capital Outlay 300

TOTAL — Delaware State Advisory Council on Vocational Education $10,000.

Section 8. The total funds appropriated to local School Districts as enumerated and listed on Pages 46 through 61 of House Bill No. 200, as amended, amounting to $76,897,628 are hereby reduced by 2%, or $1,537,952 to $75,359,676 and the State Board of Education is hereby charged with the responsibility for implementing this reduction with the cooperation of the local School Districts.

Section 9. Under House Bill No. 497, approved by the Governor on July 1, 1971, certain reductions of line item budgetary amounts were made in (40-08-000) Division of Environmental Control. This Division has the responsibility for monitoring, controlling, and developing a solid waste control program, as prescribed by the Laws of Delaware, Volume 58, Chapter 52.

Therefore, certain budgetary amounts are restored for the following line items for the fiscal year ending June 30, 1972:

DEPARTMENT

(40-08-000) Division of Environmental Control

Salaries and Wages of Employees (2) $18,950

Travel 350

Supplies and Materials 2,900

Capital Outlay 2,800

TOTAL — Division of Environmental Control $25,000

Section 10. The directors, department heads or other proper persons of every agency, department and/or division of this State shall, on or before January 1, 1972, submit a report to the members of the General Assembly setting forth each and every federal grant such agency, department and/or division receives, including but not limited to, the terms of such federal grants, the ratio of federal-state funding under such federal grants over the next three years, and any other relevant matters.

Section 11. Notwithstanding any other provision in House Bill 200 of the 126th General Assembly to the contrary, the total amount appropriated in said House Bill 200 to the following combination of State agencies, excluding any appropriations in said bill to said agencies for debt service, pensions, health and welfare grants, Municipal Street Aid, Social Security and health insurance, is hereby reduced by an additional sum of $500,000:

10-00-000 Executive Offices

20-00-000 Department of State

25-00-000 Department of Finance

30-00-000 Department of Administrative Services

35.00-000 Department of Health & Social Services

40-00-000 Department of Natural Resources and Environmental Control \

45-00-000 Department of Public Safety

50-00-000 Department of Community Affairs and Economic Development 55-00-000 Department of Highways and Transportation

60-00-000 Department of Labor

65-00-000 Department of Agriculture

Section 12. Purchase orders initiated by any Department or Agency of the State Government for items chargeable against Capital Outlay authorizations in House Bill No. 200, as amended, shall be approved by the Budget Director before execution.

Section 13. Further amend House Bill No. 200, as amended, and approved by the Governor on July 1, 1971 by revising all totals therein to conform with all pertinent changes made in compliance with House Bill No. 497 and House Joint Resolution No. 20, approved by the Governor on July 1, 1971, as well as all changes made by this Act, as amended.

Section 14. Further amend House Bill No. 200, as amended and approved by the Governor on July 1, 1971, by striking subsection (f) of Section 10 of said Bill in its entirety, as the same appears on page 68 of said bill.

Section 15. Severability

If any section, subsection, sentence, phrase or word of this Act or circumstances arising out of the application thereof shall be declared unconstitutional under the Constitution of the State of Delaware or of the the United States by a state or federal court of competent jurisdiction, the remainder of this Act shall be unimpaired and shall continue in full force and effect and proceedings thereunder shall not be affected.

Section 16. All provisions of this Act shall become effective as of June 30, 1971.

Approved August 3, 1971.