CHAPTER 426

FORMERLY

HOUSE BILL NO. 480

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 20 OF TITLE 30 OF THE DELAWARE CODE TO ADD A NEW SUBCHAPTER V TO AUTHORIZE STATE AGENCIES TO PROVIDE COMMUTER BENEFITS TO THEIR EMPLOYEES AND REQUIRE STATE AGENCIES TO DEVELOP AND SUBMIT FOR REVIEW A PLAN TO REDUCE WORK RELATED VEHICLE TRIPS, AND AMEND CHAPTER 51, TITLE 29 RELATING TO EXPENSES ASSOCIATED WITH COMMUTING TO WORK.

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

Section 1: Amend §5117, Chapter 51, Title 29 of the Delaware Code by adding a new subsection (d) to read as follows:

"(d) Subsection (a) of this section shall not apply to any commuter benefit approved by the Department of Transportation pursuant to 30 Del.C. Chapter 20, Subchapter V."

Section 2. Amend Chapter 20, Title 30 of the Delaware Code by adding a new subchapter V to read as follows:

"Subchapter V — Commuter Benefits For State Employees. §2041: Declaration of Purpose.

The purpose of this subchapter shall be to mitigate traffic congestion associated with state employees' commuting to and from the work place, and to facilitate compliance with the requirements of the Clean Air Act as amended in 1990.

§2042: Definitions.

(a) The Department" shall mean the Department of Transportation and

its several divisions, agencies, authorities and administrations as
appropriate.

(b) "Employee" shall mean an individual employed by a State agency.

(c) "Employer" shall mean a state agency.

(d) "State agency" shall mean any office, department, board,

commission, committee, court, school district, board of education and all public bodies existing by virtue of an act of the General Assembly or the Constitution of the State, excepting only political subdivisions of the State, their agencies and other public agencies not specifically included in this definition and which exist by virtue of State law and whose jurisdiction:

(1) Is limited to a political subdivision of the State or to a portion thereof; or

(1) Extends beyond the ordinance of the State.

(e) The Secretary" shall mean the Secretary of the Department of

Transportation or his delegate.

(f) "State" means the State of Delaware.

(g) "Commuter Benefits" means incentives including monetary

incentives, provided by the employer to the employee in conjunction with an approved traffic plan.

§2043. Agency Plans.

Each state agency shall develop and submit for review by the Department a plan to reduce work—related vehicle trips and miles traveled by employees. If submitting an individual plan is not practical because of the

state agency's location or number of employees, a state agency may join with another state agency in submitting a plan for review.

§2044. Department Review of Plans.

The Department shall review plans required by §2043 and submitted by state agencies for conformity with the rules and regulations promulgated by the Secretary pursuant to §2045 and any plan required to be submitted by the State to the Federal Government for purposes of the Clean Air Act as amended in 1990.

§2045. Rules and Regulations.

The Secretary shall prescribe such rules and regulations as he may deem necessary to carry out the purpose of this subchapter including but not limited to regulations concerning the submittal of plans, guidelines for reviewing plans by the Department and the amount and nature of commuter benefits not to exceed the amount established in the Internal Revenue Code or Internal Revenue Service Regulations and which qualifies as a tax free benefit to employees.

§2046. Agency Provision Of Commuter Benefits.

A state agency is authorized to grant commuter benefits to agency employees in conjunction with any plan submitted and approved by the Department pursuant to §§2043 and 2044. The state agency shall request each year as part of the budget process, a specific appropriation request sufficient to fund the commuter benefits included in the plan submitted to the Department for review.

§2047. Preemption.

Any other provision of the Delaware Code notwithstanding, a Department approved traffic reduction plan may provide commuter benefits to State employees."

Approved July 21 1992