CHAPTER 435

FORMERLY

SENATE BILL NO. 393

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 13, 18 AND 19 OF TITLE 2 AND CHAPTER 84 OF TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE TRANSPORTATION AUTHORITY, THE DEPARTMENT OF TRANSPORTATION REGULATION OF PUBLIC CARRIERS AND EMPLOYEE COMMUTE OPTION AND THE REORGANIZATION THEREOF AND THE CREATION OF THE DELAWARE TRANSIT CORPORATION.

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

Section 1. Amend §1303, Chapter 13, Title 2 of the Delaware Code by

striking subsection (a) in its entirety and by adding a new subsection (a) to read as follows:

"(a) 'Delaware Transit Corporation' means a corporation created
pursuant to this chapter which is the parent corporation of subsidiaries created pursuant to this chapter the purpose of which is to provide public transit services."

Section 2. Amend 51303(1), Chapter 13, Title 2 of the Delaware Code by striking the word "Authority" and substituting in lieu thereof the words "Delaware Transit Corporation".

Section 3. Amend §1310(j), Chapter 13, Title 2 of the Delaware Code by striking the phrase "Division of Highways" and substituting in lieu thereof "Division of Highway Operations".

Section 4. Amend §1303(1), Chapter 13, Title 2 of the Delaware Code by striking the words "of the Turnpike Administration" and substituting in lieu thereof the words "incurred in maintenance and operation of the Delaware Turnpike".

Section 5. Amend §1303(o), Chapter 13, Title 2 of the Delaware Code by striking the word "Authority" and substituting in lieu thereof the words "Delaware Transit Corporation".

Section 6. Amend §1303, Chapter 13, Title 2 of the Delaware Code by

striking subsection (w) in its entirety.

Section 7. Amend §1304, Chapter 13,, Title 2 of the Delaware Code by

striking subsection (b) in its entirety and adding a new subsection (b) to read as follows:

"(a) All action by the Authority shall be taken by resolution of the Secretary, the Director of the Office of Financial Management and Budget and the Administrator of the Transportation Trust Fund."

Section 8. Amend §1304, Chapter 13, Title 2 of the Delaware Code by

striking subsection (c) in its entirety and redesignating subsection (d) through (g) as subsection (c) through (f).

Section 9. Amend §1305, Chapter 13, Title 2 of the Delaware Code by

striking it in its entirety and inserting in lieu thereof the following:

"1305. Turnpike Maintenance and Operations.

The Authority is authorized to make appropriate provisions for the maintenance and operation of the Delaware Turnpike including, but not limited to, assignment of the responsibility for maintenance and operation by the Division of Highway Operations, subject however, to the requirement that at all times the Authority shall retain the ultimate responsibility for operation and maintenance of the Delaware Turnpike in accordance with the terms and conditions of any trust agreement with bondholders. The assignment of responsibilities for maintenance and operation of the Delaware Turnpike to an entity other

than the Authority shall not include the authority to adjust in any manner charges, fares, fees, rentals and/or tolls."

Section 10. Amend §1306 of Chapter 13, Title 2 of the Delaware Code by striking it in its entirety and substituting in lieu thereof the following:

11306. Aeronautics within the Department.

Administration of the laws of this State appearing in Chapters 1, 3, 5, 7 and 9 of this Title shall be administered by the Office of Aeronautics within the Department. The Secretary of the Department may appoint a person of suitable qualifications to administer the Office of Aeronautics."

Section 11. Amend §1307(a) of Chapter 13, Title 2 of the Delaware Code by striking the first two sentences of the second paragraph.

Section 12. Amend §1307(a) of Chapter 13, Title 2 of the Delaware Code by inserting a new paragraph after the first full paragraph in subsection (a) which shall read as follows:

"The Authority is authorized to create or abolish a subsidiary corporation called the 'Delaware Transit Corporation' to be the parent corporation of all subsidiaries created pursuant to this section to provide public transit services. The Delaware Transit Corporation is declared to be a public benefit corporation constituting a public instrumentality of the State exercising public and essential

governmental functions. The Delaware Transit Corporation and its

public transportation services subsidiaries shall be under the direction and supervision of a Director who shall be appointed by the Secretary, with the written approval of the Governor, and who shall serve at the pleasure of the Secretary. The Director of the Delaware Transit Corporation may appoint a Deputy Director."

Section 13. Amend §1307(a) of Chapter 13, Title 2 of the Delaware Code by striking the word "Director" as it appears in line 11 of the existing second paragraph and substituting in lieu thereof the word "Secretary".

Section 14. Amend §1307 subsection (b) and (c) of Chapter 13, title 2 of the Delaware Code by striking them in their entirety.

Section 15. Amend §1307(d) of Chapter 13, Title 2 of the Delaware Code by redesignating same as §1307(b).

Section 16. Amend §1308 of Chapter 13, Title 2 of the Delaware Code by striking it in its entirety.

Section 17. Amend §1309 of Chapter 13, Title 2 of the Delaware Code by striking the word "with" on line 3 and substituting in lieu thereof the word "through".

Section 18. Amend §1309(7) of Chapter 13, Title 2 of the Delaware Code by striking th word "Authority" as it appears on line 5 and substituting in lieu thereof the word "Secretary".

Section 19. Amend §1309(16) of Chapter 13, Title 2 of the Delaware Code by striking the words "the Turnpike Administrator, the Aeronautics Administrator and the and the word "other" as they appear therein,

Section 20. Amend §1309 of Chapter 13, Title 2 of the Delaware Code by deleting subsection (28) in its entirety and substituting a new subsection (28) to read as follows:

"(28) Delegate to the Delaware Transit Corporation the rights and responsibilities to:

[a] Develop plans and programs:

(1) To foster efficient and economical public transportation and

(2) To serve citizens, requiring specialized transportation."

Section 21. Amend §1309(29) of Chapter 13, Title 2 of the Delaware Code by striking the word "Authority" as it appears therein and inserting in lieu thereof the words the Delaware Transit Corporation" and by striking the designation "(29)" and substituting the designation "(b)".

Section 22. Amend §1309(30) of Chapter 13, Title 2 of the Delaware Code by striking the word "Authority's" as it appears therein and inserting in lieu thereof the words "the Delaware Transit Corporation's" and by striking the designation "(30)" and substituting the designation "(c)".

Section 23. Amend §1309(31) of Chapter 13, Title 2 of the Delaware Code by striking the word "Authority" each time it appears and inserting in lieu thereof the words: "The Delaware Transit Corporation" and by deleting the designation "(31)" and substituting the designation "(d)".

Section 24. Amend §1309 of Chapter 13, Title 2 of the Delaware Code by striking subsection (32) in its entirety.

Section 25. Amend §1309(33) of Chapter 13, Title 2 of the Delaware Code by redesignating same as §1309(29).

Section 26. Amend §1311 of Chapter 13, Title 2 of the Delaware Code by striking the word "Director" as it appears on line 12 of the second paragraph and substituting the words "the Director of the Office of Financial Management and Budget and/or the Administrator of the Transportation Trust Fund' and by striking the word "Director ° as it appears on line 15 and substituting in lieu thereof the word "Secretary".

Section 27. Amend §1313 of Chapter 13, Title 2 of the Delaware Code by striking the words "Division of Highways" as it appears therein and substituting in lieu thereof the following: "Division of Highway Operations".

Section 28. Amend §1320(f) of Chapter 13, Title 2 of the Delaware Code by striking the words "administration and" as they appear on line 5 therein.

Section 29. Amend §1323 of Chapter 13, Title 2 of the Delaware Code by striking the words "and the Director" at the end of the third sentence, and substituting the word "and" between the comma and after the word "General" and before the word "the" in the third sentence.

Section 30. Amend §1325 of Chapter 13, Title 2 of the Delaware Code by striking it in its entirety and inserting in lieu thereof the following:

§1325. Employees of the Delaware Transit Corporation and Subsidiaries.

The Director and Deputy Director of the Delaware Transit Corporation shall be exempt from Chapter 59 of Title 29, as amended. All employees of any public or specialized transportation subsidiary, including persons directly employed by the Delaware Transit Corporation, and any other subsidiaries created pursuant to this chapter, shall also be exempt from the provisions of Chapter 59 of Title 29, as amended. Except as otherwise provided herein, such employees shall not be considered state employees for purposes of wages, salaries, fringe benefits, or for purposes of any other benefits which may accrue to state employees whether exempt or merit employees, including benefits that may accrue under Executive Order No. 36 dated November 23, 1977. Such employees shall be considered state employees for the purposes of participating in the group medical insurance and deferred compensation plans available to state employees. Participation in, and the terms of, medical insurance and deferred compensation programs available through the State shall not be a subject of collective bargaining."

Section 31. Amend §1328 of Chapter 13, Title 2 of the Delaware Code by striking the comma and the words ", its administrations" as they appear on the first line.

Section 32. Amend §1331 of Chapter 13, Title 2 of the Delaware Code by striking it in its entirety and in lieu thereof substituting the following:

§1331 Motor Fuel Tax.

The provisions of Chapters 51 and 52 of Title 30 and Chapter 29 of Title 6 shall be administered by the Department of Transportation in the Office of Motor Fuel Tax. The Director of the Office of Motor Fuel Tax shall be transferred to the Department of Transportation and, notwithstanding any provision of 1325 of Title 2 to the contrary shall be deemed to be employees of the State in the classified service with all the benefits accrued as merit employees as of July 1, 1992."

Section 33. Amend §1332(a), (b), and (c) of Chapter 13, Title 2 of the Delaware Code by inserting the words "acting through the Delaware Transit Corporation" after the word "Authority" each time it appears.

Section 34. Amend §1801 of Chapter 18, Title 2 of the Delaware Code by deleting subsection (4) in its entirety.

Section 35. Amend §1802 of Chapter 18, Title 2 of the Delaware Code by striking the word "Authority" each time it appears and substituting in lieu thereof the word "Department".

Section 36. Amend §1802 of Chapter 18, Title 2 of the Delaware Code by striking subsection (k) in its entirety.

Section 37. Amend §1802(1) of Chapter 18, Title 2 of the Delaware Code by striking the words "Authority Regulatory Revolving" and substituting in lieu thereof the word "Trust" and by striking the words as provided above".

Section 38. Amend §§1806, 1807, 1817, 1818, 1819 and 1820 of Chapter 18, Title 2 of the Delaware Code by striking the word "Authority" each time it appears and substituting in lieu thereof the word "Department".

Section 39. Amend §1903 of Chapter 19, Title 2 of the Delaware Code by striking subsection (a) in its entirety.

Section 40. Amend §§1903, 1904, and 1905 of Chapter 19, Title 2 of the Delaware Code by striking the word "Authority" each time it appears therein and substituting in lieu thereof the word "Department".

Section 41. Amend §8404 of Chapter 84, Title 29 of the Delaware Code by striking "Division of Highways" in each place it appears therein and substituting in lieu thereof "Division of Highway Operations".

Section 42. Amend §8404(5) of Chapter 84, Title 29 of the Delaware Code by inserting or the Authority" after the word "Department" as it appears In the second and third line of that section as it is currently written.

Approved July 14, 1994.