CHAPTER 365

FORMERLY

SENATE BILL NO. 581

AN ACT TO AMEND SECTION 1056, TITLE 14 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF FEES FOR THE USE OF SCHOOL PROPERTY, FACILITIES AND EQUIPMENT NOT IN USE FOR EDUCATIONAL PURPOSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend subsection (e), Section 1056, Subchapter 3, Chapter 10, Title 14 of the Delaware Code by adding a new paragraph at the end of said subsection to read as follows:

Notwithstanding any other provision of this subsection, all fees collected for the use of school property, school facilities or school equipment not used by a school district for educational purposes shall be deposited in the operating account of the school district. The school district shall pay to the State from the operating account such proportion of the net fee as the share of the state in the original cost of acquisition or construction together with any additions or alterations thereto. As used in the preceding sentence, the term 'net fee' shall mean the fee received by the district in excess of the cost expended by the district in operation maintenance of such property, facility or equipment."

Section 2, Any school board of this State is hereby relieved of any obligation under 14 Delaware Code §1056(e) to pay or repay to the General Fund any fees collected for the use of school equipment or school property which have been improperly retained and expended by such board prior to the passage of this Act.

Approved July 10, 1980.