CHAPTER 227

FORMERLY

HOUSE BILL NO. 467

AN ACT TO AMEND CHAPTER 150, VOLUME 71, DELAWARE LAWS; APPROPRIATING GENERAL FUNDS; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURES FOR SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS OF THE LAWS OF DELAWARE AND THE DELAWARE CODE.

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. It is the intent of the General Assembly that a portion of the MCl/Equipment appropriation to the Department of Public Safety contained in the Section 1 Addendum in Chapter 150, Volume 71, Laws of Delaware may be utilized to complete the State Police Firing Range.

Section 2. Amend §5805(i), Title 29, Delaware Code, by deleting that subsection in its entirety.

Section 3. Amend 71 Del, Laws, Chapter 150, Section 75 by striking the second sentence of subsection (3) in its entirety.

Section 4. It is the intent of the General Assembly that the Budget Director and Controller General shall have the authority to transfer up to one million two hundred thousand dollars ($1,200,000) from the Department of Transportation, Engineering and Contingencies Account (55-05-00-57-00) to a new State Infrastructure Bank Account (55-05-00-70-01) to allow for the establishment of the federally sanctioned State Infrastructure Bank.

Section 5. Notwithstanding any other provision under Delaware Law to the contrary, including but not limited to Title 29 Delaware Code, Chapter 94 and Title 17 Delaware Code, Chapter 1 and Chapter 13, the Secretary of the Department of Administrative Services may negotiate the disposition and convey 3 parcels of State-owned land on behalf of the State of Delaware and the Delaware Department of Transportation bounded by 12th, King, and Walnut Streets in the City of Wilmington, constituting the parking lot for the Wilmington Courthouse. Such disposition and the use of any proceeds from the sale shall be subject to the approval of the New Castle County Courthouse Executive Committee established by 71 Laws of Delaware, Chapter 150, Section 35(c).

Section 6. Amend 71 Delaware Laws, Chapter 150, Section 22 by adding a sentence at the end of said section to read as follows:

"This Section shall not preclude local school districts from providing student access to email with local discretionary funds either through their own e-mail server or through a contract with the Office of Telecommunications Management (OTM). OTM shall provide a written report to the Joint Legislative Committee on the Capital Improvement Program by June 1, 1998 which shall include, but not be limited to, the number of schools participating in either local or OTM services for e-mail, acceptable use policies, monitoring capabilities, and security."

Section 7. Amend 71 Del. Laws, Chapter 150, Section 97, by striking said section in its entirety and substituting in lieu thereof the following:

"Section 97. Channin Elementary Planning. Pursuant to the provisions of Chapter 6 of Title 14, Delaware Code or of Chapter 63 of Title 29, Delaware Code and any other provision of the law applicable it is the intent of the General Assembly that $275,000 be appropriated from the Capital Investment Fund held in the State Treasurer's Office (12-05-03 - FY 1997, Appropriation 8700) for an advanced planning loan to Brandywine School District, hereinafter known as the "receiving district" in order to plan the renovations of Channin Elementary building to provide an appropriation in-state facility for alternative placements.

Upon completion of such renovations, the receiving district shall charge each sending district an amount necessary to ensure repayment of the local share of all loans or debt service incurred due to borrowed funds through the issuance of general obligation bonds of the State. It is the intent of the General Assembly that funding for this project shall be 70% State share and 30% local share."

Section 8. Amend Section 41 (a), Volume 70, Chapter 210, Laws of Delaware by striking the second sentence in its entirety and substituting in lieu thereof the following:

"The Corporation shall be governed by a Board of Directors which shall include the Governor, the Senate President Pro Tempore, the Speaker of the House, Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program, the County Executive of New Castle County, the President of the Wilmington City Council, the Mayor of the City of Wilmington, a member appointed by the Major of the City of Wilmington, and six additional members with economic development expertise who shall be appointed by the Governor. The member appointed by the Mayor of the City of Wilmington shall be selected from among private citizens active in the non-profit community and/or residential organizations in the City of Wilmington who shall also serve as the Chairperson of any Community Advisory Board established by the Riverfront Development Corporation Board of Directors."

This section shall be effective March 31, 1998.

Section 9. There is hereby appropriated a sum of five million two hundred seventy- nine thousand dollars ($5,279,000) from the General Fund to the Department of Administrative Services, Division of Facilities Management (30-05-10) for the completion of the Delaware Public Archives Facility.

Section 10. There is hereby appropriated a sum of six million dollars ($6,000,000) from the General Fund to the Department of Transportation, Transportation Trust Fund, Engineering and Contingencies (55-05-00-57-00) to accelerate the completion of critical transportation projects throughout the State. Funds appropriated in this section shall be utilized for the following projects:

Route 7 and Churchman's Road Naaman's Road

Scarborough Road in Dover

SR 404 in Bridgeville

Route 141, Paving and Rehabilitation

Section 11. This Act is a supplementary appropriation and the monies herein appropriated shall be paid out of funds in the General Fund of the State of Delaware not otherwise appropriated and shall not be subject to reversion until June 30, 2000.

Approved February 4, 1998