CHAPTER 72

FORMERLY

HOUSE BILL NO. 179

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO THE POWERS OF THE DELAWARE TRANSPORTATION AUTHORITY.

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

Section 1. Amend Section 1309(28)(b), Title 2 of the Delaware Code by deleting the phrase “after a public hearing (except in the case of changes in schedules or routes for a period not exceeding 30 days) and without approval of the Public Service Commission or any other agency of the State, schedules, routes, rates, or fares, and charges for the use of public transportation services furnished or operated by the Delaware Transit Corporation pursuant to this chapter” appearing therein, and inserting in lieu thereof the following:

“without approval of the Public Service Commission or any other agency or political subdivision of the State, schedules, routes, rates, or fares, and charges for use of public transportation services furnished or operated by the Delaware Transit Corporation (‘Corporation’) pursuant to this chapter subject to the following provisions:

1. The Corporation will provide an opportunity for a public hearing or public meeting whenever it proposes either to increase the basic fare structure or a major reduction in service (defined herein as affecting 15 percent or more of the ridership within the county for which the reduction is proposed, or at least 15 percent of the service miles currently operating in the affected county, or at least 25 percent of the revenue service trips of any one route). The Corporation shall publish a legal notice in two newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to any such proposed public hearing or meeting, as well as post on-board passenger notices of the proposed changes, directing those interested to the location where the details of the proposals can be reviewed. A verbatim transcript will be made of all comments made for the record at any such public hearing or meeting. The Corporation must first review this transcript and all other received comments before it makes a final decision whether to approve such proposals, make an adjustment in such proposals to respond to received public comments, or reject such proposals.

2. For other changes not subject to subsection 1. Hereof, including by way of example and not by limitation adjustments to running times to reflect current travel times, decreases in fares, or additions to service, at least two weeks prior to the implementation date the Corporation shall publish statewide a legal notice in at least one newspaper of general circulation, as well as post on-board passenger notices of the proposed changes on all normally scheduled bus service, directing those interested to the location where the details of the proposals can be reviewed and where comments concerning the change can be sent.

3. No public comment period shall be required when making a change in service to avoid hazardous or potentially hazardous conditions that may exist along a route, or to initiate a temporary service or customer benefit for a defined period or for a service that is designed to change its routing and pick-up times with fluctuating demands.”

Section 2. Amend Section 1309(28)c., Title 2, Delaware Code, by inserting the following between the word “services” and the semicolon (“;”) appearing at the end of said subsection:

“; provided that no reduction in service area, span of service hours, increase in basic fares, or changes in rules (not mandated by federal regulations) on eligibility that would reduce the ability of those that qualify as being disabled by reason of physical or mental infirmity from utilizing available specialized transportation (except in cases where the individual engages in violent, seriously disruptive, or illegal conduct) shall be implemented by the Corporation without first providing an opportunity for a public hearing or public meeting; further provided that all such public hearings or public meetings shall be preceded by the Corporation publishing a legal notice in two newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to such proposed public hearing or meeting, as well as posting on-board passenger notices of the proposed changes, directing those interested to the location where all details of the proposal can be reviewed; and further provided that a verbatim transcript shall be made of all comments made for the record at any such public hearings or meetings, and that the transcript and all other received comments shall be reviewed by the Corporation prior to making a final decision on whether to approve such proposals, make an adjustment in such proposals that respond to received public comments, or reject such proposals.”

Approved June 28,1999