CHAPTER 220

FORMERLY

HOUSE BILL NO. 402

AN ACT TO AUTHORIZING SALARY INCREASES FOR STATE OF DELAWARE EMPLOYEES, PROVISIONS OF CHAPTER 90, VOLUME 64, LAWS OF DELAWARE, TO THE CONTRARY NOTWITHSTANDING; AMENDING CHAPTER 13, TITLE 14, DELAWARE CODE, RELATING TO SALARY SCHEDULES AND CLASSIFICATIONS; AMENDING TITLE 29, DELAWARE CODE, RELATING TO SALARIES OF ELECTED OFFICIALS; AND PROVIDING AN APPROPRIATION THEREFOR AND PROVIDING A SUPPLEMENTARY APPROPRIATION TO THE UNIVERSITY OF DELAWARE AND TO THE DELAWARE GEOLOGICAL SURVEY.

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

Section 1. On November 21, 1983, the Delaware Economic and Financial Advisory Council determined that the FY 1984 revenue projections were up significantly. It is, therefore, the intent and purpose of the 132nd General Assembly, as stated in House Concurrent Resolution No. 121, to grant employees of the State of Delaware a salary increase, except as otherwise provided in this Act, at the earliest possible date.

Section 2. Provisions of Chapter 90, Volume 64, Laws of Delaware, to the contrary notwithstanding, an amount is appropriated by this Act to provide a salary increase for each state employee, unless as otherwise excepted by this Act effective January 1, 1984 or at the midpoint of the employee's fiscal-year employment period, whichever is applicable.

Section 3.(a) Normal steps or increments included in existing pay plans shall be granted employees effective January 1, 1984, except for those employees who are employed under contract.

(b) Each pay plan shall be amended to provide an additional or new step. The value of the step or increment between the last step and the additional or new step shall be consonant with the steps or increments for each respective pay grade.

Section 4. Employees who are not covered by an existing pay plan or employees who are not covered by any other section of this Act shall receive an increase of 4.3% in their annual salary, rounded to the nearest dollar, over the salary in effect on December 31, 1983, effective January 1, 1984.

Section 5. Any employee whose salary Is "frozen" or "redlined" because it exceeds a ceiling, shall receive the greater of either his present salary or the new value of his position on the appropriate pay plan.

Section 6. Salary schedules contained in Chapter 13, Title 14, Delaware Code, shall be revised and implemented as specified in this section.

(a) Existing schedules which include steps or increments for years of experience shall be revised by labeling the first step (currently the 0 or 1 step) as the zero years of experience step and by labeling each existing subsequent step with years of experience incremented by one Each such schedule shall also have a new step added such that the increment is consonant with the Increments for other steps in that schedule.

(b) Those salary schedules which do not include steps or increments for years of experience shall be increased by 4.3%.

(c) For all school employees employed under contract or by appointment prior to December 31, 1983, one-half the difference between the salary payable under the salary schedule contained in Chapter 90, Volume 64, Laws of Delaware, and the salary payable under the salary schedule computed in accordance with the provisions of this Act shall be prorated over the remaining pay periods for the 1983-84 contract.

(d) The salary for all school employees employed under contract or by appointment on or after January 1, 1984, shall be computed in accordance with the salary schedules specified by this Act.

(e) The salary schedules for cafeteria workers (Section 1322, Title 14, Delaware Code) and for substitute teachers (Section 1326, Title 14, Delaware Code) specified by this Act shall become effective on the 91st pupil day of the 1983-84 school year in each reorganized school district.

(g) The provisions of Chapter 90, Volume 64, Laws of Delaware, to the contrary notwithstanding, the State Board of Education is authorized to implement the provisions of Subsections 1308(d) and 1321(a), Title 14, Delaware Code, effective January 1, 1984.

Section 7. The salary adjustment provisions of this Act shall not apply to the Governor, to the employees of the University of Delaware, to the employees of the Delaware Geological Survey, and to the employees of the Delaware Solid Waste Authority.

Section 8. Salary schedules prepared in the fulfillment of this Act and Chapter 13, Title 14, Delaware Code, shall be published and promulgated by the State Budget Director, with the concurrence of the Controller General, and shall be referred to the Legislative Council of the State of Delaware and the Code Revisors for inclusion in the legal publications of the State of Delaware.

Section 9. Provisions of Chapter 90, Volume 64, Laws of Delaware, to the contrary notwithstanding, the following line item salaries represent, where applicable, a salary increase of 4.3%, rounded to the nearest one hundred dollars, effective January 1, 1984, and shall have no further increase applied:

pudRet Unit

Line Item

General Funds

All Other

Funds

(02-01-001)

Chief Justice

$ 59.7

$

(02-01-001)

Associate Justice

59.0

 

(02-02-001)

Chancellor

56.0

 

(02-02-001)

Vice Chancellor

55.5

 

(02-02-002)

Public Guardian

29.7

 

(02-03-001)

President Judge

56.0

 

(02-03-001)

Judge

55.5

 

(02-06-001)

Chief Judge

54.8

 

(02-06-001)

Judge

54.2

 

(02-08-001)

Chief Judge

54.8

 

(02-08-001)

Judge

54.2

 

(02-13-001)

Chief Magistrate

36.2

 

(02-13-001)

Magistrate

20.4

 

(02-17-001)

Director

45.5

 

(02-17-002)

Executive Secretary

   
 

Violent Crimes Comp.

 

26.4

(02-17-003)

Coordinator - Foster Care Review Board

25.0

 

(10-01-001)

Governor

35.0

 

(10-02-001)

Budget Director

46.7

 

(10-02-007)

Executive Director - Postsecondary

   
 

Education Commission

38.5

 

(10-02-007)

Commission Members - Postsecondary

2.4

 
 

Education Commission

   

(10-02-009)

Director - Information Systems

48.2

 
 

(Memo)

   

(10-03-001)

Director - Delaware Development

   
 

Office

40.6

13.6

(10-04-001)

Personnel Commissioners

6.0

 

(10-04-001)

Personnel Director

35.0

 

(10-07-001)

Executive Director - DCJPC

35.1

 

(10-08-001)

Director - Labor Relations

44.3

 

(12-01-001)

(12-02-001)

Lieutenant Governor Auditor

17.3

26.8

 

(12-03-001)

Insurance Commissioner

26.8

 
   

General

All Other

Budget Unit

Line Item

Uncls

Funds

(12-05-001)

State Treasurer

$ 26.8

$

(12-05-002)

Board Members - Pensions

 

2.4

(15-01-001)

Attorney General

41.3

 

(15-02-001)

Public Defender

37.1

 

(15-03-001)

Board Members - Parole

13.0

 

(15-03-001)

Parole Board Chairman

37.1

 

(20-01-001)

Secretary of State

46.7

 

(20-05-001)

Director - Corporations

31.3

 

(20-06-001)

Director - Historical and

   
 

Cultural Affairs

38.3

 

(20-15-001)

State Banking Commissioner

 

43.9

(25-01-001)

Secretary - Finance

51.5

 

(25-05-001)

Director - Accounting

41.8

 

(25-06-001)

Board Members - Revenue

28.0

 

(25-06-001)

Director - Revenue

48.8

 

(25-07-001)

Director - State Lottery

 

49.6

(30-01-001)

Secretary - Administrative Services

39.4

 

(30-01-002)

Director - Public Employment

   
 

Relations Board

31.3

 

(30-01-002)

Board Members - Public Employment

   
 

Relations Board

7.4

 

(30-03-001)

Board Members - Alcoholic Beverage

8.6

 
 

Control Commission

   

(30-03-001)

Executive Secretary - Alcoholic

   
 

Beverage Control Commission

35.0

 

(30-04-004)

Director - Support Operations

 

31.8

(30-05-001)

Director - Facilities Management

40.5

 

(30-05-010)

Executive Secretary -

   
 

Architectural Accessibility Board

28.4

 

(30-05-Old)

Board Members - Architectural

   
 

Accessibility Board

2.7

 

(30-06-001)

Director - Purchasing

34.6

 

(30-08-001)

Director - Occupational Licensing

26.5

 

(30-08-001)

Board Members - Occupational

   
 

and Health Licensing

40.2

 

Budget Unit

General Line Item

All Other

Funds

Funds

(30-08-014)

Director - Standardbred Development Fund

S

S 23.3

(30-11-001)

Board Members - Public Service

   
 

Commission

 

63.0

(30-11-001)

Director - Public Utilities

   
 

Control

 

33.1

(35-01-001)

Secretary - Health and Social

   
 

Services

49.6

 

(35-02-001)

Director - Business Administration

   
 

and General Services

35.3

3.8

(35-03-001)

Director - Planning. Research and

   
 

Evaluation

35.3

 

(35-04-001)

Chief Medical Examiner

63.8

 

(35-05-001)

Director - Public Health

64.9

 

(35-06-001)

Director - Mental Health

49.5

 

(35-07-001)

Director - Economic Services

20.4

20.6

(35-11-001)

Director - Mental Retardation

51.1

 

(35-12-001)

Director - State Service Centers

33.5

 

(35-14-001)

Director - Aging

8.2

24.6

(37-01-001)

Secretary - Children, Youth and

   
 

Family Services

51.5

 

(37-0 -001)

Director - Child Protective Services

41.0

 

(37-0 -001)

Director - Diagnostic Center

51.1

 

(38-01-001)

Commissioner - Correction

51.4

 

(38-02-001)

Bureau Chief - Administration and

   
 

Operational Support

38.0

 

(38-03-001)

Bureau Chief - industries and

   
 

Services

33.5

 

(38-04-001)

institutional Classification Board

9.0

 

(38-04-001)

Bureau Chief - Adnit

38.0

 

(38-05-001)

Bureau Chief - Juvenile

38.6

 

(40-01-001)

Secretary - Natural Resources and

   
 

Environmental Control

46.7

 

(40-05-001)

Director - Fish and Wildlife

17.1

17.0

(40-06-001)

Director - Parks and Recreation

34.6

 

(40-07-001)

Director - Soil and Water Conservation

30.5

 

(40-08-001)

Director - Environmental Control

23.8

23.8

(45-01-001)

Secretary - Public Safety

48.2

 

Budget Unit

Line Item

General

Funds

All Other

Funds

(45-06-001)

Superintendent - State Police

$ 42.5

$

(45-06-001)

Assistant Superintendent -

   
 

State Police

38.8

 

(45-07-001)

Director - Motor Vehicles

40.7

 

(45-08-001)

Director - Emergency Planning and

   
 

Operations

12.7

12.7

(45-09-001)

Director - Boiler Safety

27.7

 

(45-10-001)

Director - Highway Safety

29.1

 

(50-01-001)

Secretary - Community Affairs

41.7

 

(50-02-001)

Director - Community Services

30.8

 

(50-01-005)

Public Advocate

39.6

 

(50-06-001)

Director - Human Relations

30.8

 

(50-09-001)

Director - Housing

 

42.6

(50-10-001)

State Librarian

30.1

 

(50-11-001)

Director - Consumer Affairs

30.8

 

(50-11-001)

Board Members - Consumer Affairs

3.5

 

(55-01-001)

Secretary - Transportation

48.2

 

(55-02-001)

Chief - Administration

37.8

 

(55-04-001)

Director - Highways

51.0

 

(55-06-001)

Director - Delaware Transportation

   
 

Authority

 

40.4

(60-01-001)

Secretary - Labor

6.2

35.4

(60-06-001

Director - Employment Services

 

44.3

(60-06-001)

Director - Unemployment Insurance

 

40.5

(60-07-001)

Director - Industrial Affairs

33.1

 

(60-07-002)

Board Members - Industrial Accident

   
 

Board

40.0

 

(60-08-001)

Director - Vo Rehabilitation

 

38.9

(60-09-001)

Director - Training Services

 

38.6

(65-01-001)

Secretary Agriculture

33.4

 

(65-04-001)

Director - Production and Promotion

30.5

 

(70-01-001)

Election - Commissioner

29.0

 
   

General

All Other

Budget Unit

Line Item

Funds

Funds

(70-02-001)

Board Members - New Castle County

   
 

Elections

$ 10.5

$

(70-02-001) Administrative Director - New Castle

County Elections 24.9

(70-02-001) Deputy Administrative Director -

New Castle County Elections 24.4

(70-03-001) Board Members - Kent County Elections 6.5

(70-03-001) Administrative Director - Kent County

Elections 24.9

(70-03-001) Deputy Administrative Director -

Kent County Elections 24.4

(70-04-001) Board Members - Sussex County

Elections 6.5

(70-04-001) Administrative Director - Sussex

County Elections 24.9

(70-04-001) Deputy Administrative Director -

Sussex County Elections 24.4

(75-01-001) Fire Marshal 31.3

(75-02-001) Director - Fire School 33.4

(76-01-001) Adjutant General 36.1

(95-01-001) Board Members - State Board of 8.4

Education

(95-01-001) Superintendent - State Board of 51.2 20.8

Education

(95-04-001) Executive Secretary - Advisory Council 21.9 21.9

on Career and Vocational Education

Section 10. Provisions of Chapter 90, Volume 64, Laws of Delaware, to the contrary notwithstanding, employees of the Delaware State College and the Delaware Technical and Community College shall receive a 4.3% increase in their annual salaries, rounded to the nearest dollar, as follows:

(a) Salaries of employees who are employed for 12 months shall be adjusted effective January 1, 1984; and

(b) Salaries of employees, who are employed for the school year commencing in

September 1983, shall be adjusted effective with the beginning of the second or winter semester of said 1983-1984 school year.

Section 11. Provisions of Chapter 90, Volume 64, Laws of Delaware, to the contrary notwithstanding, employees of the uniformed division of the Delaware State Police shall receive a salary increase of 4.3% in their annual salary effective January 1. 1984.

Section 12. Provisions of Chapter 90. Volume 64, Laws of Delaware, to the contrary notwithstanding, the State civilian employees of the Delaware State National Guard shall receive a 4.3% increase in their annual salary rounded to the nearest dollar, effective January 1, 1984.

Section 13. Amend Section 710, Chapter 7, Title 29, Delaware Code, by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) Each member of the Senate and the House of Representatives shall receive an annual salary of $12,720, payable semi-monthly, commencing on the eleventh month, fifteenth day of the year in which the member is elected, through the tenth month, thirty-first day of the year in which the term expires."

Section 14. Amend Section 710, Chapter 7, Title 29, Delaware Code, by striking subsection

(c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) Any member of the Senate and the House of Representatives who is elected or appointed to any of the following positions shall, while serving in such position, receive additional semi-monthly compensation as follows:

(1) President Pro Tempore of the Senate

(2) Speaker of the House of Representatives

(3) Majority and Minority Leader of the Senate

(4) Majority and Minority Leader of the House

(5) Chairman and Vice Chairman of the Joint Finance Committee

(6) Majority and Minority Whip of the Senate

(7) Majority and Minority Whip of the House

(8) Members of the Joint Finance Committee

$ 101.00 101.00 84.10 84.10

84.10 67.25 67.25 33.70"

Section 15. Amend Section 710, Chapter 7, Title 29, Delaware Code, by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The Lieutenant Governor shall receive an annual salary of $15,144 for serving as President of the Senate, plus an additional sum of $2,112 annually for performing his other duties."

Section 16. The provisions of Chapter 90, Volume 64, Laws of Delaware, to the contrary notwithstanding, school bus drivers employed by reorganized school districts as bus drivers shall receive an appropriate salary adjustment to become effective on the 91st pupil day of the 1983-84 school year. Nothing in this section shall permit an increase in the total salary of the bus driver if the reorganized school district provided such an adjustment for 1983-84 school year prior to passage of this Act.

Section 17. The implementation date of the salary and semi-monthly compensation adjustments of 4.3% reflected in Sections 13, 14, and 15 of this Act shall be January 1, 1984.

Section 18. Provisions of this Act to the contrary notwithstanding, the salary rate of an employee hired on or after July 1, 1983, or who commenced employment after July 1, 1983, shall not be affected by this Act and shall have no further increase applied during fiscal year ending June 30, 1984.

Section 19. Administrative regulations and procedures as may be necessary to implement this Act shall be promulgated by the State Budget Director with the concurrence of the Controller General.

Section 20. There is hereby appropriated the amount of five million five hundred thousand dollars ($5,500,000) to the Office of the Budget as a line item under the caption "(10-02-004) Budget Office - Contingencies" to be titled "Contingency - Salaries and Other Employment Costs" for the purpose of implementing the provisions of this Act. Distribution and allocation of this appropriation shall be subject to the provisions of Section 6528, Chapter 65, Title 29, Delaware Code.

Section 21. There Is hereby appropriated the amount of one million four hundred seventy-five thousand dollars ($1,475,000) to the (90-01-001) University of Delaware for budgetary purposes for FY 1984 in the following line item:

"Operations $1,475,000"

Section 22. There is hereby appropriated the amount of fifteen thousand four hundred dollars ($15,400) to the (90-01-002) Delaware Geological Survey for budgetary purposes for FY 1984 in the following line item:

"Operations $15,400"

Section 23. This Is a supplemental appropriation and the monies appropriated herein shall be paid by the State Treasurer from General Fund monies not otherwise appropriated. Any funds remaining unexpended as of June 30, 1984, shall revert to the General Fund of the State of Delaware.

Section 24. This Act shall become effective upon enactment into law.

Approved December 14. 1983.