CHAPTER 290

FORMERLY

HOUSE BILL NO. 384

AN ACT TO AMEND VOLUME 70, CHAPTER 210, LAWS OF DELAWARE, RELATING TO THE FISCAL YEAR 1996 BOND AND CAPITAL IMPROVEMENT ACT; AND AMEND CERTAIN PERTINENT STATUTORY PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fourths of all members elected to each house thereof concurring therein):

Section 1. Amend page A-3, Section 1 Addendum of Volume 70, Chapter 210, Laws of Delaware by deleting the numbers "40-07-02" as they appear following the words "Cape Henlopen Pier Reconstruction Completion" under "NATURAL RESOURCES & ENVIRONMENTAL CONTROL" and inserting in lieu thereof the numbers "40-06-02".

Section 2. Amend page A-4, Section I Addendum of Volume 70, Chapter 210, Laws of Delaware by deleting the word "Southern" wherever it appears under "DELAWARE TECHNICAL & COMMUNITY COLLEGE" and inserting in lieu there of the word "Owens".

Section 3, Amend page A-5, Section I Addendum of Volume 70, Chapter 210, Laws of Delaware by deleting the numbers "(60/40)" after the words "Christina, Replace Leasure Elementary" as it appears under "STATE BOARD OF EDUCATION" and inserting in lieu thereof the numbers "(26/74)"

Section 4. Amend Section 5 of Volume 70, Chapter 210, Laws of Delaware by striking the following language as it appears therein:

"Minor Capital Improvements and Equipment 67/285 35-01-20-6212 3,231 64" and by substituting in lieu thereof the following language:

"Minor Capital Improvements and Equipment 68/156 35-01-20-6212 3,231 64"

Section 5. (a) Amend Section 6 of Volume 70, Chapter 210 Laws of Delaware by striking the words "Five Hundred twenty-three Thousand Two Hundred Dollars ($523,200)" as they appear therein and substituting in lieu thereof the words "Five Hundred Eleven Thousand One Hundred Dollars ($511,100)".

(b) Further Amend Section 6 of Volume 70, Chapter 210, Laws of Delaware by striking the following language as it appears therein:

"Department of Administrative Services $523,200

TOTAL $523,200"

and by substituting in lieu thereof the following language:

"Department of Administrative Services $511,100

TOTAL $511 100"

(c) Further Amend Section 6, Volume 70, Chapter 210, Laws of Delaware by designating said paragraph as subsection (a) and by adding a new subsection (b) to read as follows: "(b) In addition to the above, the sum of Seventy-Seven Thousand Dollars ($77,000) shall be transferred from the State Treasurer's Bond Reversion Account

(94-12-05-03-8101) to the Office of the Budget to be used to ensure that the City of Wilmington acquires a marine hovercraft rescue vessel."

Section 6 Amend Section 7 of Volume 70, Chapter 210, Laws of Delaware by striking the following language as it appears therein:

"Brandywine/Elementary Renovations 68/46 95-31-00-6012 3,284.99"

and by substituting in lieu thereof the following language:

"Brandywine/Elementary Renovations 67/46 95-31-00-6012 3,284 99"

Section 7. Amend Section 9 of Volume 70, Chapter 210 Laws of Delaware by striking the following language as it appears therein:

"Christina, Leasure Elem (60/40) 2,168,500 6,212,889 8,381,389

Subtotal 43,372,100 28,105,929 71,478,029"

and by substituting in lieu thereof the following language.

"Christina, Leasure Elem (26/74) 2,168,500 6,212,889 8,381,389

Christina, Leasure Elem Land -0- 720,000 720,000

Subtotal 43,372,100 28,825,929 72,198,029"

Section 8. Amend Section 15 of Volume 70, Chapter 210 Laws of Delaware by striking the following language as it appears therein:

"1993 40-08-04-0181 Water Fund

1990 40-08-04-0183 Rev. Loan Fund

1993 40-08-04-6313 Wastewater SRF"
and by substituting in lieu thereof the following language.

"1993 40-08-01-0181 Water Fund

1990 40-08-01-0183 Rev. Loan Fund

1993 40-08-01-6313 Wastewater SRF

1995 95-01-01-0179 School Building Annual Maintenance

1993 95-15-00-6384 MCI-VE-93"

Section 9. Amend Subsection (h)(3), Section 6102A., Title 29, Delaware Code by deleting said Subsection in its entirety and substituting in lieu thereof the Rillowing.

"(3) A funding match shall be required of at least 25 percent for resource, conservation and development projects approved by the Joint Legislative Committee on Capital Improvement Programs.".

Section 10 Amend Subsection (i)(5), Section 6102A., Title 29, Delaware ('ode by deleting the word "Chair" and inserting in lieu thereof the word "Co-Chairs"

Section I I Amend Section 80I7A. (d), Title 29, Delaware Code by striking the

following language as it appears therein: "subsection (c)(7)" and by substituting in lieu thereof the following language: "subsection (c)(6)".

Section 12 Amend Subsection (a), Section 8743 , Title 29, Delaware Code by striking the following language as it appears therein:

"The Corporation may elect to participate in the County and Municipal Pension Plan set forth in Chapter 55A, Title 29, Delaware Code. The Corporation may elect to establish a separate pension plan for the Corporation's employees upon such terms and conditions as the Corporation deems advisable, which pension plan shall be administered by the Board of Pension

Trustees established by Section 8303, Title 29. Delaware Code " and by substituting in lieu thereof the following language.

"The Corporation shall establish pension plans for its employees who shall, for purposes of participation in any such plans, be governmental employees. Contributions by the Corporation and/or its employees pursuant to such plans shall be deposited into a fund established for these purposes Benefits, fees and expenses authorized to be paid pursuant to such plans shall be paid from said fund The assets of such fund may be commingled for investment purposes with the assets of the fund created by Section 5541, Title 29, Delaware Code - referred to as the State Employees' Retirement Fund The fund established by the Corporation shall at all times be maintained separately for purposes of accounting and expenses No assets of the State Employees' Retirement Fund shall be used to pay benefits owed to employees of the Corporation The Corporation's pension plans shall be administered by the Board of Pension Trustees established by Section 8308, Title 29. Delaware Code. upon such terms and conditions as the Corporation may negotiate with the Board of Pension Trustees "

Section 13. Amend Section 30(a), Volume 70, Chapter 210. Laws of Delaware by striking in their entirety the words "Section 24 of this Act" and substituting in lieu thereof the words "Subsection (0(3), Section 6102A, Title 29, Delaware Code"

Section 14 Amend Section 30(b) by striking said subsection in its entirety and

substituting in lieu thereof the following new subsection (b) to read as follows

"(b) Projects qualifying for the balance of three million two hundred and thirty-eight thousand dollars ($3,238,000) remaining after allocation for projects contained in subsection 30(a) of this Act shall conform to the provisions of Title 29, Delaware Code, Section 6102A( i)(3 )

Section 15 Amend Section 30(f), Volume 70, Chapter 210, Laws of Delaware by adding a new sentence thereto as follows "However. the Department of Administrative Services shall make no further expenditure of funds for the Arena until the Board of Directors of the Delaware State Fair Corporation shall have made an affirmative vote that the Delaware State Fair will operate and maintain the Arena without further cost to the State "

Section 16 Amend Section 31, Volume 70, Section 210 Laws of Delaware by adding the following words at the beginning of the sentence "For Fiscal Year 1996," and by changing the "P" in Projects to lower case "p"

Section 17 Amend Section 34, Volume 70, Chapter 210, Laws of Delaware by deleting said Section its its entirety

Section 18 Amend Section 35, Volume 70, Chapter 210, Laws of Delaware by deleting said Section in its entirety

Section_19 Amend Section 38, Volume 70, Chapter 210. Laws of Delaware by deleting said Section in its entirety

Section 20 (a) Amend Section 41(a), Volume 70, Chapter 210, Laws of Delaware by deleting the words "thirteen member Board of Dnectors" as they appear in said subsection and inserting in lieu thereof the words "fifteen member Board of Directors"

(b) Further Amend Section 41(a). Volume 70, Chapter 210 Laws of Delaware, by inserting after the sentence "The Governor shall appoint a hoard member representing the private sector to serve as Chair of the Board of Directors who shall serve at the Governor's pleasure " a new sentence to read its follows

"A quorum of the Board of Directors shall consist of eight or more members "

Section 21 Amend Section 44, Volume 70, Chapter 210, Laws of Delaware by deleting said Section in its entirety and substituting in lieu thereof the following. "Of the amount authorized in the Section I Addendum of this Act, up to $500,000 may be utilized in order to provide financial assistance in the form of matching grants its an amount not greater than either $25,000 or 50 percent of the total project costs for environmental assessments of sites associated

with the "brownfield" initiative. For purposes of this Section a "brownfield" is defined as a vacant, unoccupied, or underutilized site, with respect to any portion thereof, which the owner of the site has reasonable cause to believe may, as a result of any prior commercial or industrial activity by any person, have been environmentally contaminated in a manner that would interfere with the intended use of such site. The Delaware Economic Development Authority shall draft rules and regulations pertaining to eligibility, and establish criteria to administer the assistance."

Section 22, Amend Volume 70, Chapter 210, Laws of Delaware by adding a new Section to read as follows: "Section 48 A. The General Funds appropriated herein and in Volume 70, Section 273 Laws of Delaware are not subject to the provisions of Section 7414(b), Chapter 74, Title 29, Delaware Code "

Section_ 21 Amend Section 53, Volume 70, Chapter 210, Laws_of Delaware by deleting the words "in order to acquire a Document Production System" and inserting in lieu thereof the words "for computer equipment related to building expansion".

Section 24. (a) Amend Section 57, Volume 70, Chapter 210, Laws of Delaware by deleting the word "Central" in the second sentence of said Section and substituting in lieu thereof the word "General". (b) Further amend Section 57, Volume 70, Chapter 210, Laws of Delaware by adding a semicolon ";" in the first sentence of subsection (b) after the word "Committees" and before the word "the".

Section 25. Amend Volume 70, Chapter 210, Section 57(b), Laws of Delaware by adding a new sentence to the end of said subsection to read as follows: "The Chairs of the Senate and House Corrections Committees shall be Co-Chairs of the Correction Facilities Privatization Task Force."

Section 26. Amend Subsection (a), Section 58, Volume 70, Chapter 210, Laws of Delaware by deleting the words "Joint Advisory Committee on Prison Issues" in the third sentence of said Subsection and substituting in lieu thereof the words "Correction Facilities Privatization Task Force".

Section 27. Amend Section 58(e), Volume 70, Chapter 210, Laws of Delaware by adding a sentence at the end of said subsection to read as follows: "Funds authorized in the Section 1 Addendum of this Act for prison construction are not intended to supplant federal funds which may be available through Public Law 103.322, The Violent Crime Control and Law Enforcement Act of 1994."

Section 28. Amend Section 60, Volume 70, Chapter 210, Laws of Delaware by deleting Subsection "(b)" in its entirety.

Section 29 Amend Volume 70, Chapter 210, Laws of Delaware by striking Section 62 in its entirety and substituting in lieu thereof the following new Section 62:

"Section 62. Except for land acquired by approval of the Open Space Council or approved through a Bond and Capital Improvement Act, land shall not be purchased by the Department of Natural Resources and Environmental Control without prior approval of the Co-Chairs of the Joint Legislative Committee on Capital Improvement Programs provided, however, that the Department is not prohibited from conducting studies, surveys or other contractual arrangements that would normally precede land acquisition procedures."

Section 30. Amend Section 63, Volume 70, Chapter 210, Laws of Delaware by adding the following sentence: "Completion of the Cape Henlopen Pier Project shall include air conditioning in the Bait and Tackle facility."

Section 31. Amend Volume 70, Chapter 210 Laws of Delaware by adding a new Section under DEPARTMENT OF PUBLIC SAFETY to read as follows:

"Section 65A, Helicopter Acquisition. The Section I Addendum of this Act authorizes funds for the lease-purchase of a new helicopter. It is anticipated that the helicopter being replaced shall be retained by the Delaware State Police for the purpose of providing full helicopter coverage during maintenance down-time as well as for training. The Delaware State Police shall

be responsible for maintenance of four helicopters within their existing operating budget. The Insurance Coverage Office is herein authorized to purchase the appropriate helicopter insurance necessary for four helicopters."

Section 32. Amend Section 66(c), Volume 70, Chapter 210 Laws of Delaware by striking the words "and to such new programs" as they appear therein.

Section 33. Amend Section 67(c), Volume 70, Chapter 210 Laws of Delaware by inserting a new sentence at the end of said Subsection to read as follows: "A copy of the modified list shall be forwarded to the Budget Director and Controller General."

Section 34. Amend Section 76, Volume 70, Chapter 210, Laws of Delaware by striking the following language as it appears therein: "(reflected in House Bill No. 177 as amended)" and by substituting in lieu thereof the following language:

"(reflected in House Bill No. 177 of the 138th General Assembly, as amended)"

Section 35. Amend Section 78, Volume 70, Chapter 210, Laws of Delaware by deleting said Section in its entirety.

Section 36 Amend Section 79, Volume 70, Chapter 210, Laws of Delaware by deleting said Section in its entirety.

Section 37. Amend Section 80, Volume 70, Chapter 210, Laws of Delaware by striking the following language as it appears therein: "dated June 30, 1995" and by substituting in lieu thereof the following language: "as attached hereto".

Section 38. Amend Section 90, Volume 70, Chapter 210, Laws of Delaware by striking the following language as it appears therein: "Amend Section 13 I0(b) by striking said subsection in its entirety and substituting in lieu thereof " and by substituting in lieu thereof the following language: "Amend Section I310(b), Title 14, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof"

Section 39. Amend Section 1310(b), Title 14, Delaware Code by (a) striking the word "recognized" in the first sentence and by substituting in lieu thereof the word "reorganized" and (b) by inserting the word "nurse" after the word "school" and before the words "per facility" in the second sentence of said subsection.

Section 40. Amend Volume 70, Chapter 210, Laws of Delaware by adding a new Section 95 to read as follows:

"Resource, Conservation and Development Projects entered into prior to February I, 1996 shall be categorized as highway construction."

Section 41. Amend Title 29, Section 8017A by striking the words "Delaware Greenway and Trails Council" and inserting in lieu thereof the words "Council on Greenways and Trails" as they appear within said Section.

Approved September 7, 1995